Modesto Municipal Code Art. 11 Green Waste and Leaf Collection

Footnotes:

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Editor's note— Ord. 3635-C.S., § 1, effective Oct. 1, 2015, amended Art. 11, §§ 4-7.1101—4-7.1108, and in so doing changed the title of said article from "Collection of Pruned Refuse" to "Green Waste and Leaf Collection," as set out herein.

This article is enacted as an exercise of the general police power of the City to promote the maintenance of the public health and safety by systemizing the collection of large green waste, small green waste and leaves in the City.

(Ord. 1119-N.S., § 1, amended by Ord. 2631-C.S., § 1)

(Ord. 3635-C.S., § 1, effective 10-1-15)

(a) "Large green waste" shall mean and include shrubbery, brush, tree limbs, tree trimmings, tree branches and similar materials.

(b) "Small green waste" shall mean leaves, grass clippings, vines, twigs and other similar soft vegetative materials, and woody prunings from trees which are no longer than two (2) feet long or six (6) inches in diameter, except green waste shall not include large green waste or leaves separated and set out for collection between November 1 and December 31 of each year pursuant to Article 11 of Chapter 7 of Title 4 of this Code.

(c) "Organic waste" shall mean food waste, nonhazardous wood waste and paper waste.

(d) "Organic recycling container" shall mean a green standard container to be used for the separate collection and recycling of small green waste and organic waste. Organic recycling container shall also mean a detachable or other container as approved by the Public Works Director, used for the collection and recycling of small green waste from commercial or other customer classes.

(Ord. 1119-N.S., § 2, amended by Ord. 2631-C.S., § 1)

(Ord. 3635-C.S., § 1, effective 10-1-15)

The following regulations shall govern the placement of large green waste, small green waste and leaves for collection by the City. Failure to comply with any regulation shall be unlawful and punishable as an infraction.

(a) Placement.

(1) Large Green Waste:

(i) Alley Collection: Where alleys in which garbage containers are serviced exist, green waste shall be placed in the alley for collection. Large Green waste shall be placed in the alley in a compact manner, directly behind the property from where it was generated, shall not extend more than three (3) feet into the alley, and must be at least one foot (1) from the abutting property's fence.

(ii) Street Collection: Where alleys do not exist, large green waste shall be placed in the abutting street for collection. Large green waste shall be placed at the curb in front of or on the side of the property where it was generated in a compact manner. Large green waste collection piles shall not extend further than three (3) feet into the street and must be at least one and one-half (1 ½ ) feet from the foot of the curb. Where curbs do not exist, large green waste shall be placed one and one-half (1 ½) feet from the point of the gutters, so as to permit drainage.

(2) Leaves. Throughout the year residents shall place leaves and other small green waste into their organic recycling container. From November 1 through December 31 of each year, after an organic recycling container reaches capacity, residents shall place leaves in the street. Leaves shall be placed in a compact manner and shall not be combined with any other small or large green waste. The leaf pile shall not extend into the street more than four (4) feet and shall be placed at least one and one-half (1 ½) feet from the foot of the curb. Where curbs do not exist, leaves shall be placed one and one-half (1 ½) feet from the low point of the gutters, so as to permit drainage. Leaves shall not be placed in plastic bags or any other type of container for collection. Leaves shall not be placed in alleys.

(b) Prohibited Location. Large Green waste trimming piles and leaf piles shall not be placed near sewer clean-outs, manholes, fire hydrants, drains or other utility fixtures. Green Waste and leaves shall not be collected when obstructed by parked vehicles, overhead obstructions, or in any way not immediately accessible to the collection equipment.

(c) Size. No tree limbs put out for collection shall exceed six (6) feet in length or six (6) inches in diameter. No single piece of large green waste shall weigh more than fifty (50) pounds.

(d) Time. The Public Works Director shall assign each property in the City a week in which Large green waste pickup will occur for that property and shall notify residents of this pickup schedule. This pickup shall occur once-a-month, from January through November. The City will not collect large green waste in the month of December and will only collect leaves. Residents shall not place large green waste on the street or alley for collection more than seventy-two (72) hours before their collection day.

(e) Small Green Waste. All small green waste shall be placed in organic waste containers approved by the Public Works Director. Residents shall not place more than one hundred (100) pounds of small green waste and organic waste into their organic waste container unless authorized by the Public Works Director. Organic waste containers shall be placed on the street or alley in the same manner as black garbage containers, and will be serviced on the same day, as further described in Title 5, Chapter 5 of this Code.

(f) Christmas trees. Christmas trees are to be placed in the street or alley during the regular large green waste collection schedule for the area. All stands, ornaments, tinsel, lights, wire and garland must be removed from the tree. Trees with flocking, paint, and fireproofing will not be picked up as part of large green waste collection and must be disposed of by residents in an alternative manner. All regulations for the size and placement of large green waste are applicable to Christmas trees.

(Ord. 1119-N.S., § 3, amended by Ord. 2604-C.S., § 3, Ord. 2631-C.S., § 1, Ord. 3128-C.S., § 7, Ord. 3272-C.S., § 1; Ord. 3364-C.S., § 6)

(Ord. 3635-C.S., § 1, effective 10-1-15)

It is the objective of this article that large green waste be collected once a month, except during the month of December, in all areas of the City to the maximum extent possible within the limitations of the personnel and equipment available.

(Ord. 1119-N.S., § 3, amended by Ord. 2631-C.S., § 1)

It shall be unlawful and shall constitute an abatable nuisance for any person to place any large or small green waste or leaves upon any public property, unless authorized by the Director of Public Works, or upon or adjacent to any vacant property, unless authorized by the owner of the property in writing. The dumping or depositing of large or small green waste or leaves on park strips and storm drain inlets is prohibited.

(Ord. 1119-N.S., § 4, amended by Ord. 2631-C.S., § 1)

(Ord. 3635-C.S., § 1, effective 10-1-15)

The Public Works Director, or his or her designee, shall be responsible for the operation of the City's large and small green waste collection service and leaf season pickup. He or she shall have charge and supervision of collection and removal, and shall prescribe and establish routes and days for the collection and removal of large and small green waste or leaves from various parts of the City, and may change the same from time to time. When such routes or days of collection are established or changed, he/she shall give notice thereof to the public in such a manner as he/she deems best. He/she shall have the power to implement this article by issuing such traditional rules, regulations and instructions in writing as he/she deems necessary to carry out the purpose and intent of this article.

(Ord. 1119-N.S., § 5, amended by Ord. 2631-C.S., § 1, Ord. 3128-C.S., § 7; Ord. 3364-C.S., § 6)

(Ord. 3635-C.S., § 1, effective 10-1-15)

No collection will be made by the City of any large or small green waste or leaves which are placed for collection in violation of the provisions of this article, or any rules or regulations issued pursuant thereto.

(Ord. 1119-N.S., § 6, amended by Ord. 2631-C.S., § 1)

(Ord. 3635-C.S., § 1, effective 10-1-15)

Editor's note— Ord. 3635-C.S., § 1, effective Oct. 1, 2015, amended § 4-7.1107, and in so doing changed the title of said section from "Right to Refuse Collection" to "Right to Refuse Green Waste and Leaf Collection," as set out herein.

Nothing contained in this article shall prohibit the collection of green waste or leaves by private persons, corporations or associations who are licensed to do so; provided, however, that large green waste or leaves shall not be placed in the street or green waste placed in the alley except for collection by the City.

(Ord. 1119-N.S., § 7, amended by Ord. 2631-C.S., § 1)

(Ord. 3635-C.S., § 1, effective 10-1-15)