Montague Municipal Code Ch. 8.04 Garbage, Rubbish and Waste Matter

Sections:

• 8.04.200 Garbage cans required. 8.04.210 Burning garbage. 8.04.220 Burning rubbish.

• 8.04.230 Burying garbage.

• 8.04.240 Unlawful deposit or accumulation.

• 8.04.250 Hauling through city. 8.04.260 Deposit at city dump. 8.04.270 Violation—Penalty.

A. “Garbage” consists of dead animals of not more than ten pounds weight each, and of every accumulation of waste, animal, vegetable and other matter that attend the preparation, consumption, decay or dealing in, or storage of meats, fish, fowls, birds, fruits or vegetables. The term “garbage” does not include dishwater or waste matter.

B. “Rubbish” consists of wood, leaves, dead trees or the branches thereof, chips, shavings, sawdust, woodenware, dodgers, printed matter, paper, pasteboard, grass, rags, straw, boots, shoes, hats and all other combustible matter not included in this chapter under the term “garbage” and which are rejected, abandoned or discarded by the owner or producer as offensive or useless.

C. “Waste matter” consists of natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, brickbats, plaster, portland cement, crockery, queensware, glass, glassware, ashes, cinders, shells, tin cans, metals and all other noncombustible material. (Ord. 117 §§ 1, 2, 3, 1972)

The city clerk, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection and disposal of garbage, rubbish and waste matter, not inconsistent with this chapter. Such rules and regulations, when published, shall become and are made, a part of this chapter, and any person violating any one of such rules shall be punished as for a violation of this chapter, provided, however, that such rules and regulations shall be effective only when approved by resolution of the city council and when such resolution shall have been published once in a newspaper of general circulation printed and published in the county of Siskiyou, or posted as provided by law. (Ord. 117 § 15, 1972)

It shall be the duty of the director of public works, upon the adoption by the city council of a resolution directing him so to do, under the direction of the mayor, to gather, collect and dispose of by dumping, burning, distribution or sale, all garbage, rubbish and waste matter, except as herein otherwise provided, within the city. The city council may authorize and empower the director of public works to dispose of the same in such manner as it may deem proper for the best interests of the city and in compliance with rules and regulations adopted and promulgated as hereinbefore provided. It shall be the duty of the director of public works, if so directed by resolution as aforesaid, or of the city garbage collector, if a contract be in effect to that end, to collect all garbage and rubbish in the city, at least once each week and at such other times as the necessities of the particular case may require. (Ord. 117 § 20, 1972)

A. For the purpose of carrying out the collection of garbage the city council may, by resolution, provide for the entering into of a contract with any suitable persons, firms or corporations, for a term not exceeding five years, for the right to collect and remove garbage and rubbish; such persons, firms or corporations shall be known as the city garbage collector.

B. Such contract shall provide that the city garbage collector has the right to collect and receive the collection charges and fees as may be from time to time set by city council by resolution, and not in excess of such determined rates and charges.

C. Such contract shall be awarded to the person submitting the lowest and best bid; provided, that successful bidder is determined by the city council to be a reliable person. the bidding for such contract shall be in conformity with the requirements of and be granted only upon and after notice as provided in Sections 37904, 37905, 37931, 37933, 37934 and 37935 of the Government Code of the state of California, as they are amended from time to time. Before awarding the contract to any person, a bond for faithful performance of the contract shall be furnished by him in such amount as may be determined to be appropriate by the city council. (Ord. 88-9 (part); Ord. 117 § 16 (part), 1972)

A. The maximum collection charges permitted under any contract awarded under this chapter shall be set by the city council by resolution after study and determination that any such schedule of maximum charges is in the best interests of the city.

B. The rates fixed by resolution are maximum and nothing in this chapter shall prohibit the collector from reducing, modifying or waiving such rates. (Ord. 88-9 (part); Ord. 117 § 16 (part), 1972)

Where there are particular problems in the nature of special containers, bulk storage, extraordinary refuse or more than three containers per week per household, the rates to be charged for service to such peculiar circumstances shall be a matter of negotiation between the collector and the party presenting the particular problem. In the event the parties do not agree upon a satisfactory charge for such service, the matter shall be submitted to the city council and, upon hearing, the council shall fix the applicable rate by resolution duly passed and adopted. (Ord. 88-9 (part); Ord. 117 § 16 (part), 1972)

In addition to the rates for collection of garbage and rubbish as provided for in this chapter and established by resolution, the collector, when requested by the owner, tenant or occupant of any residence, flat, apartment house, or business premises, to make a special collection of any garbage or rubbish in addition to such normal collection as may be previously established, shall be entitled to collect and receive such additional sums for such services as may from time to time be established by resolution of the city council for such extra services. (Ord. 88-9 (part); Ord. 117 § 16 (part), 1972)

The bid to be submitted by a bidder for the contract to provide services pursuant to this chapter shall be on a flatfee basis, payable to the city annually. The annual fee is payable in advance each year commencing from the time the contract is entered into between the parties. (Ord. 156 (part), 1978)

A. The successful bidder will be required, at the time of execution of a formal contract, to post a surety bond in the amount of two thousand dollars to secure his faithful performance of the contract.

B. The successful bidder will be required to provide, at the time of the execution of the contract, proof of adequate liability insurance in the amount to be established by the city, and naming the city as an additional insured, and through a company approved by the city.

C. The term of the contract to be entered into will be for a period of five years and shall provide for an option to extend the contract for an additional five years on terms and conditions to be approved by the parties to the contract. (Ord. 156 (part), 1978)

The city garbage collector, at the time of the execution of his contract, shall furnish and file with the city clerk a good and sufficient bond in the amount of two thousand dollars, with corporate surety, which bond shall be conditioned to secure the faithful performance of such contract. (Ord. 117 § 19, 1972)

Any violation of this chapter, or the terms of the contract, by the city garbage collector shall entitle the city council to cancel and terminate its contract with the city garbage collector and to relet the contract. (Ord. 117 § 18, 1972)

It is unlawful for any person or persons other than the duly authorized collectors of the city, as prescribed by this chapter, to collect garbage or rubbish, or to interfere in any manner with a receptacle containing garbage or rubbish or the contents thereof, or to remove any such receptacle from the place where the same is placed by the owner or lessee thereof, or to remove the contents of such receptacle. (Ord. 117 § 24, 1972)

It is unlawful for any person, firm, corporation or association to engage in the business of collecting garbage in the city, or to haul the same through the streets or public places of the city, unless such person, firm, corporation or association is an agent or employee of the city or is the regular garbage collector with whom the city has a contract; provided, however, that this section shall not be in effect unless and until the city shall itself engage in garbage collection in accordance with the provisions of Section 8.04.030, or unless it shall have in effect a contract with a city garbage collector as provided by Section 8.04.040, and unless and until compliance with the provisions of this chapter shall have been had. (Ord. 117 § 25, 1972)

Every wagon, cart or vehicle used in the work of collecting and disposing of garbage and rubbish shall be kept clean on both the inside and outside, and all such vehicles shall have metallic or metal-lined beds or metal containers, shall be watertight and equipped with proper covers so that the garbage shall not be offensive, and the garbage shall be loaded so that none of it shall fall, drop or spill upon the ground, and shall be protected from wind and rain. (Ord. 117 § 17, 1972)

For the purpose of the collection the city clerk may divide the city into as many districts as deemed necessary for the convenient collection of garbage, rubbish and waste matter, and may fix a day or days upon which the same shall be collected in the districts. Such division and such fixing of day or days shall be deemed in effect from and after the publication of notice thereof in a newspaper of general circulation printed and published in the county, or posted as provided by law. Such divisions and days may be varied from time to time, at the discretion of the city clerk, but any variation shall be effective only when notice thereof shall have been published in a newspaper of general circulation printed and published in the city, or posted as provided by law. (Ord. 117 § 21, 1972)

The city clerk, in the event of the adoption of a resolution as provided by Section 8.04.030, shall be and is authorized and directed to employ all foremen, laborers, clerks, routemen and collectors necessary for the collection and disposal of garbage, rubbish or waste matter by the city and is authorized to recommend the purchase or leasing, under provisions of the appropriate resolution of the city council, all necessary horses, wagons, trucks, trailers or other vehicles, supplies or other equipment, or personal property, necessary for carrying into effect the provisions of this chapter relative to the collection and disposal of garbage, rubbish and waste matter, subject, however, to the requirements of general law. (Ord. 117 § 22, 1972)

Any person from whom the garbage, rubbish or waste matter is collected under the provisions of this chapter shall pay the city, through the office of the city clerk, such fees and charges as the city council, by resolution, shall from time to time fix and set; provided further, that in the event that a contract is entered into pursuant to Section 8.04.040, the contractor shall collect the fees and charges unless otherwise provided by the contract and such fees and charges shall be paid to such contractor rather than to the city clerk. (Ord. 117 § 23, 1972)

Maximum collection charges are as follows:

• A. Residence. Per household, two thirty-gallon cans, the maximum charge shall be three dollars and forty cents per household per month, for collection once each week.

• B. Businesses. Maximum charge of fifteen dollars per month per business for collection once each week.

C. The above maximum charges may be changed by resolution of the city council after public hearing of the proposed changes. (Ord. 156 (part), 1978)

It shall be the duty of every tenant, lessee and occupant of every private dwelling house and of the keeper of every hotel, restaurant, eating house, boardinghouse, office, mercantile establishment, place of business or other building where rubbish will accumulate, to provide boxes, barrels or other proper receptacles to be kept on the premises sufficient to hold the rubbish which would ordinarily accumulate on such premises in one week's time, except where more frequent collection is directed by the city clerk pursuant to this chapter. All rubbish accumulating on such premises shall be placed in such boxes, barrels or other receptacles. The boxes, barrels or other receptacles shall be so placed as to be readily accessible to the collector for the removal of rubbish therefrom; provided, that in no event shall the location of such boxes, barrels or other receptacles be such as to require the collector or collectors to carry such boxes, barrels or other receptacles for a distance of more than twenty-five feet, one way. No one of such boxes, barrels or other receptacles shall have a capacity exceeding thirty gallons. The city clerk, with the approval of the mayor, shall be the exclusive judge of the sufficiency of such boxes, barrels or receptacles. (Ord. 117 § 6, 1972)

A. It shall be the duty of every tenant, lessee or occupant of any private dwelling house and of the keeper of every hotel, restaurant, eating house, boardinghouse or other buildings where meals are furnished and of the owners of every furnished flat or apartment house, and of every other person having garbage, to provide without expense to the city, and at all times to keep within the building or on the lot on which the building is situated, suitable and sufficient watertight cans or receptacles with suitable bales or handles and each having a tight-fitting cover for receiving and holding without leaking, or escape or odors, and without being filled to within four inches of the top, all of the garbage which would ordinarily accumulate on the premises in one week's time; which cans or receptacles shall be so placed as to be readily accessible for removing and emptying the material therefrom by the collectors, and where they will not be a public nuisance or in any degree offensive; provided, that the location of such cans or receptacles shall be such as not to require the collector or collectors to carry such cans or receptacles for a distance of more than twenty-five feet, one way. Such garbage cans or receptacles must be emptied by the collectors at least once each week and returned by the collectors to the place at which kept by the owner. Cans or receptacles for garbage, from private dwelling houses, from each flat and from each apartment house, shall each have a capacity of not less than ten gallons nor more than thirty gallons. No can or receptacle for receiving garbage, rubbish or waste matter shall be placed on or in any street, alley, sidewalk, footpath or other public place whatsoever, except in accordance with rules and regulations established under this chapter for all collection of the same. It is unlawful to keep, place or deposit garbage, rubbish or waste matter on any private grounds or premises whatsoever, except in cans or receptacles as designated in this chapter.

B. It shall the duty of every person, firm or corporation served to keep the garbage can or receptacle used in the service of such person, firm or corporation in a clean and sanitary condition. (Ord. 117 § 4, 1972)

It is unlawful for any person or persons to bum garbage at any place within the city. (Ord. 117 § 12, 1972)

A. It is unlawful for any person or persons to bum rubbish at any place within the city excepting between the hours of six a.m. and ten a.m., of any day, and such rubbish so burned between those hours shall be burned only in incinerators which are so constructed that sparks and burning brands of sufficient size to ignite buildings, structures or adjoining combustible materials are not emitted; provided, however, that the rubbish may be burned at any time in properly constructed incinerators within a building; and provided, also, that rubbish, grass, tree trimmings and other combustible materials may be burned in the vacant portions of lots within the city at any time upon permission therefor obtained from the city clerk, in writing upon such form as shall be prescribed by the fire chief and approved by the city council.

B. The chief of the fire department may delay the issuance of any such permit, postpone the time provided therein for burning, or revoke any such permit at any time when, in his judgment, conditions exist which might cause the burning of such rubbish to be or become hazardous.

C. Any expense incurred by the city in suppressing any fire resulting from burning pursuant to any such permit or for the protection of property endangered by burning pursuant to any such permit shall be borne by the permittee, and the permittee, by applying for such permit, shall be deemed to have agreed to bear all such expense, which expense shall be in accordance with the rates established by the chief of the fire department of the city and approved by the city council. (Ord. 117 § 13, 1972)

It is unlawful for any person or persons to bury garbage at any place within the city, at a point which is closer than two hundred fifty feet of a residence. (Ord. 117 § 11, 1972)

A. It is unlawful for any person in the city to throw or deposit any garbage, rubbish or waste matter, or to cause the same to the thrown or deposited, upon any street, alley, gutter, park or other public place, or to throw, or deposit the same in or upon any vacant lot, or backyard, or to store or keep the same otherwise than in cans or receptacles, as required by Sections 8.04.190 and 8.04.200; and it is unlawful to have, store, deposit or keep garbage where rats can have access thereto, or feed thereon. Each violation of this section shall be treated and considered, and the same shall be a separate and distinct offense.

B. It is unlawful for any person to throw or deposit, or to cause to be thrown or deposited, any rubbish or waste matter, as the terms are defined by this chapter (excepting bricks, brickbats, cement, plaster, stones and gravel, and these only under a building permit), in or upon any vacant lot or in any backyard, or on or upon any street, alley, gutter, highway, park or public place in the city; or to deposit or place or keep any rubbish or waste matter except in the manner prescribed in Section 8.04.190. (Ord. 117 §§ 5, 14, 1972)

It is unlawful for any person, firm or corporation other than the city garbage collectors, or such other collectors as may be designated by the city, under contract therefor, or its or his agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys or public thoroughfares of the city, any garbage, rubbish or other matter offensive to the sight, or to collect or dispose of the same, but nothing herein shall be deemed to forbid transportation through the city of garbage, rubbish or other matter collected outside the city and being transported through the city for deposit or other disposition outside the city; and provided further, that nothing herein shall prevent any person, firm or corporation from transporting, carrying or conveying his own garbage, rubbish or other matter to a disposal area outside the city. (Ord. 117 § 10, 1972)

It is unlawful to deposit any garbage or rubbish within the city limits or within two hundred yards thereof, except at the city garbage dump, or other place designated by the city clerk and approved by the city council for the purposes of destruction thereof. Waste matter, as defined in this chapter, if not removed beyond the city limits, may be made use of, upon receiving written permission from the city clerk with approval by the mayor, for filling in on low lots or spots within the city limits. (Ord. 117 § 9, 1972)

Any person violating any of the provisions of this chapter is guilty of an infraction. Every violation is punishable by (1) a fine not exceeding fifty dollars for the first violation, (2) a fine not exceeding one hundred dollars for a second violation of this chapter within one year, (3) a fine not exceeding two hundred fifty dollars for each additional violation of this chapter within one year. (Ord. 135, 1975; Ord. 117 § 26, 1972)