Mountain View Municipal Code Art. I In General

Violation of any section of Chapter 16 shall be a misdemeanor.

(Ord. No. 14.88, 9/27/88.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Approved recycling container. Approved recycling container shall mean the bag, box, or other container supplied by or identified by the city or the disposal service operator or the permitted nonprofit organization or the donor of such recyclable materials as the container into which recyclable materials shall be placed and which shall be located at the curb or other collection station.

Collection station. Collection station shall mean the location at which garbage, waste, refuse, or recyclable material is placed in containers for collection by the city or the disposal service operator or the permitted nonprofit organization.

Disposal area. Disposal area shall mean the premises or site where the disposal of garbage and waste not produced on such premises or site is permitted or occurs.

Disposal service operator. Disposal service operator means any person licensed by the city to collect or haul garbage, waste, or recyclable material in the city whether such collection and hauling is done with or without compensation. Disposal service operator shall not include or mean an individual hauling garbage, waste, or recyclable material from his own home for purposes of disposing of same at an established disposal area or recycling facility; provided, however, such garbage, waste, or recyclable material is not produced, created, or accumulated in the course of any business operations.

Donor. Donor means the person placing recyclable material at the curb or other recycling collection station for scheduled collection.

Garbage. Garbage means putrescible refuse, such as animal, fish, food, fowl, fruit or vegetable matter, or any part thereof, resulting from the preparation, storage, handling or consumption of such substances.

Nonprofit organization. Nonprofit organization shall mean a public service, charitable, educational, or eleemosynary organization which has tax-exempt status pursuant to the Internal Revenue Code.

Place or premises. Place or premises shall mean every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the city.

Recyclable material. Recyclable material means refuse material generated or collected at a place or premises, and in a condition such that it can be remanufactured or reprocessed into usable materials or new products.

Refuse. Refuse means all putrescible and nonputrescible solid and liquid wastes (except sanitary sewage and storm water), whether combustible or noncombustible, and includes garbage, waste, and recyclable material.

Standard container. Standard container shall mean a plastic or metallic can with close-fitting cover, cover handle and side bails of thirty-two (32) gallons or less in gross capacity.

Waste. Waste means nonputrescible refuse, such as the useless, unused, unwanted, or discarded material and debris resulting from normal residential, community or business activities, or materials which by their presence may injuriously affect the health, safety, or comfort of persons and depreciate property values in the vicinity thereof.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

The director of finance of the city, or his designated representative, shall, with the approval of the city manager, adopt such rules and regulations as may be necessary for the proper administration and enforcement of this article. Such regulations shall include: (1) the required frequency of collection from various types of places and premises; (2) the types of special containers required for certain classes of refuse; (3) the types of special containers required for certain classes of places and premises; (4) the licensing of disposal service operators; and (5) proof of liability insurance in a minimum amount of $1 million, naming the city as additional insured, and requiring 30 days prior written notice of cancellation for any reason.

The director of finance shall resolve all disputes concerning the administration or enforcement of this article. Any affected person who is dissatisfied with the determination of the director of finance may, within ten (10) days after such decision, appeal the same to the city council. Such appeal must be in writing, filed with the city clerk, and must set forth the reasons for such appeal. No violation of this article shall be permitted, or be continued, during the time any such appeal is pending.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person to burn garbage within the city, or to burn waste upon public streets, ways or alleys.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

a. All garbage or waste created, produced, or accumulated in or about any place or premises situated anywhere in the city shall be disposed of or removed from such premises at least once each week, or more often if necessary.

b. All recyclable material created, produced, or accumulated in or about any place or premises anywhere in the city shall be disposed of or removed from such premises on a periodic basis as determined by the director of finance or his designated representative.

c. It shall be unlawful for any person to accumulate, dispose of, or haul refuse in such a manner as to cause a nuisance.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person to throw, deposit, or cause to be thrown or deposited, any refuse, or allow any collection of same to remain in or upon any public right of way, watercourse, waterway, levees or banks of watercourses or waterways, or upon any premises whatsoever except an approved disposal area. It shall be unlawful for any person to throw, cast, place, sweep, or deposit anywhere within the city, any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, parkway, or other public place, or onto any private premises within the city.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

* For state law as to deposit of offensive matter on roads or private property, see Pen. C., Sec. 374.3.

The city shall provide a disposal area for the disposal of garbage and waste collected from within the city. The city council by resolution may establish regulations governing use of the disposal area and a schedule of fees to be paid by persons using the disposal area.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

All vehicles, conveyances or containers used for collecting or hauling refuse within or through the city shall be of such construction as to comply fully with all laws, rules and regulations of the state pertaining thereto, and shall be of a type and construction to prevent spillage, leakage, or escape of noxious gases.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person to deposit in any refuse container any explosive, highly inflammable or otherwise hazardous material or substance, without having first made special arrangements therefor with the disposal service operator.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

* As to fire prevention generally, see Chapter 14.

It shall be unlawful for any person occupying any premises within the city, or any person owning, controlling or maintaining any premises within the city where garbage is created, produced, or accumulated upon such premises, to fail or neglect to procure a sufficient number of standard containers, fully enclosed and with close-fitting covers, for receiving and holding, without spillage, leakage, or escape of solids, liquids, or noxious gases, all garbage that is produced, created, or accumulated upon such premises except as provided in this article. All such persons shall deposit all such garbage in such containers, and all such containers shall at all times be kept in a good, usable and sanitary condition. Such containers shall not exceed seventy-five (75) pounds in weight when filled for removal, except when special containers are furnished or approved by a duly authorized disposal service operator pursuant to regulations prescribed by the city.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person occupying any premises within the city or for any person owning, controlling, or maintaining any premises within the city where any waste is created, produced, or accumulated upon such premises, to fail or neglect to procure a sufficient number of standard containers for receiving and holding, without spillage, leakage, or escape of solids, liquids, or noxious gases, all waste that is produced, created, or accumulated upon such premises, except as provided in this article. All such persons shall deposit all such waste in such containers, and all such containers shall at all times be kept in a good, usable and sanitary condition. Such containers shall not exceed seventy-five (75) pounds in weight, when filled for removal, except when special containers are furnished or approved by a duly authorized disposal service operator pursuant to regulations prescribed by the city.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

All places or premises in the city shall have one or more containers of sufficient capacity to hold all garbage and waste created, produced or accumulated on the place or premises during a one (1) week period, unless a more frequent collection schedule has been approved or directed pursuant to this article.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

Waste may be deposited in a garbage container, providing the weight of any such container does not exceed seventy-five (75) pounds when filled for removal. Garbage shall not be deposited in a waste container.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person, except as provided herein, to collect refuse within the city or to haul refuse through the city. This section shall not apply to any person transporting refuse over the streets of the city, where all of such refuse so transported originates or originated: (1) outside the limits of the city; or (2) at a landscape maintenance work site; and is being transported to another location outside the city or to an authorized disposal area or recycling facility.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88; Ord. No. 14.91, 8/20/91.)

No license shall be required for a person hauling refuse from his own residence for purposes of disposing of same at an established disposal area or recycling facility, provided, however, that such refuse is not produced, created, or accumulated in the course of any business operations.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

A limited license shall be required for any person who removes and disposes of, or causes to be removed and disposed of, from residential, business, or other premises occupied or under his control, such refuse, other than recyclable material, as is created or produced by business operations on such premises. Such limited license shall be obtained from the director of finance of the city and shall be granted only if the following conditions have been, or will be, complied with:

a. Such removal and disposal activity shall be only by the licensee personally, or by such licensee's regularly employed personnel carried on licensee's payroll records as employees.

b. All vehicles used in carrying out such removal and disposal activities shall be owned by, or under the exclusive control of licensee for the full license term, and shall meet all of the requirements of this article, and all other laws and ordinances of the state and city. Prior to the use of any such vehicles for such purpose it shall have been inspected by the director of finance of city who shall determine if the requirements of this article have been complied with. A description of any such vehicle so approved by the director of finance upon inspection shall be included in the license issued hereunder, and no other vehicle shall be used.

c. Such refuse shall be disposed of by licensee only at an approved disposal area.

d. Such license, or a certified copy thereof, shall be carried at all times in the vehicles approved for use as herein provided.

The issuance of any license in accordance with this section shall not relieve licensee, or any other person, from the obligations and liability imposed by this article for the payment of the minimum refuse collection and disposal rates established by resolution of the city council pursuant to this article.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

A recycling fund raising permit shall be required for any nonprofit organization to collect and haul recyclable materials. Such permit shall be obtained from the director of finance of the city and shall be granted only if the following conditions have been, or will be, complied with:

a. Only recyclable materials shall be collected and hauled;

b. Collection schedule shall not conflict or compete with scheduled collections by the city or the authorized disposal service operator;

c. Such recycling activities shall be incidental to the main purpose of the nonprofit organization.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

A disposal service operator shall obtain a current license, contract or exclusive franchise, as determined by the city council, for the collection, hauling, and disposal of refuse within the city, except as otherwise provided by State or Federal law. The terms and conditions under which a disposal service operator is required to collect and dispose of garbage, waste, or recyclable material shall be specified in the applicable franchise, contract, or license, and the rates, if any, for such collection and disposal operations shall be established by a resolution of the city council.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

Service rates, if applicable, shall be applied as set forth in the resolution adopted by the city council establishing such rates.

(Ord. No. 175.656, 3/27/61; Ord. No. 58.76, 6/28/76; Ord. No. 42.78, 11/27/88; Ord. No. 14.88, 9/27/88.)

a. All garbage and waste, upon being removed by the authorized disposal service operator, from the premises where produced and accumulated, shall become and be the property of the city.

b. Recyclable material, upon being placed at the curb or other collection station, shall become and be the property of the city or its authorized disposal service operator or a nonprofit organization permitted by the city and designated by the donor to receive the recyclable material.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for a person other than: (1) the resident of the premises; or (2) the city; or (3) a licensed disposal service operator; or (4) a permitted nonprofit organization, to remove any approved recycling container from a recycling collection station. Approved recycling containers provided by the city or its licensed disposal operator or a permitted nonprofit organization, shall remain the property of the provider of the container.

(Ord. No. 175.656, 3/27/61; Ord. No. 42.65, 10/25/65; Ord. No. 14.88, 9/27/88.)

The collection station for garbage, waste, or recyclable material for one (1) to four (4) dwelling units on a single parcel of real property shall be the street sidewalk line adjacent to such premises, and standard containers for garbage and waste, and approved recycling containers shall be placed in that location not more than twenty-four (24) hours preceding the scheduled collection time, by the occupant or person in control of such premises, for collection by the licensed disposal service operator or, for recyclable material only, a permitted nonprofit organization. No later than twenty-four (24) hours after collection, the occupant or person in control of such premises shall remove each such container from the street sidewalk line to a location on such parcel of real property where such containers are suitably screened so as to not be visible from the street. The number and location of collection stations for garbage and waste, and for recyclable material for classes of uses other than one (1) to four (4) dwelling units on a single parcel of real property shall be determined by the occupant or person in control of the property, subject to approval of the disposal service operator, the city, or a permitted nonprofit organization, as appropriate, and shall be easily accessible to the disposal service operator, the city, or a permitted nonprofit organization, as appropriate, for collection of the garbage and waste, or recyclable material accumulated at such location for collection.

(Ord. No. 175.656, 3/27/61; Ord. No. 58.76, 6/28/76; Ord. No. 42.78, 11/27/78; Ord. No. 14.88, 9/27/88.)

It shall be unlawful for any person to burn, break, destroy, scatter, scavenge, collect or take any recyclable materials without the consent of the owner of such materials. Consent to collection of such materials may be either oral or written, or may be manifested by a practice or arrangement between the owner and a donor or donors, whereby recyclable materials are placed in a particular place, area, or distinctive container, for regular collection by the donee or owner.

(Ord. No. 14.88, 9/27/88.)

The city council finds that the periodic collection and disposal of garbage, waste, and recyclable material from all places and premises in the city benefits all occupants and persons owning, maintaining, or in control of places and premises in the city, and therefore all such occupants, owners, or persons in control, are made liable for the garbage, waste, and recyclable material collection rates established by resolution by the city council, for the collection and disposal of garbage, waste, and recyclable material. All such collection rates imposed as provided in this section shall be a civil debt owing to the city from the owner, occupant, or person maintaining or controlling the place or premises receiving the services. All such collection charges shall be billed along with municipal water bills, where city water service is provided. Failure or refusal to pay such charges when due shall subject the person obligated to pay the same to immediate discontinuance of all municipal utility services at the premises. The procedures established by this section upon failure of any person to pay the proper collection charges shall be in addition to any other remedies available to the city.

(Ord. No. 175.656, 3/27/61; Ord. No. 14.88, 9/27/88.)