National City Municipal Code Ch. 7.10 Garbage and Refuse Collection

Sections:

* Noncodified list of cross-references:

City contracts with private disposal firms for the collection of garbage and refuse. Copies are on file in the office of the city clerk.

California Health and Safety Code

San Diego County Health Regulations

City Council Resolution No. 7923

Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section:

A. "Commercial unit" includes each building and space primarily used for distributing and selling goods, wares, merchandise and services.

B. "Garbage" means organic refuse and waste or fruit, vegetable and animal matter prepared and intended for human consumption, and not so used.

C. "Manufacturing unit" includes each building and space primarily used for producing and making, processing or warehousing goods, wares and merchandise.

D. "Multiple residential unit" includes:

1. Each building having three or more spaces primarily used as a separate family dwelling; or

2. Three or more residential units situated on one lot.

E. "Odor threshold" means the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be determined in accordance with the American Society for Testing Materials Test Method D 1391-57 (reconfirmed to 1967) or in an equivalent manner acceptable to the CCO.

F. "Public dump" or "public dumping ground" is any parcel or plot of ground on which garbage or combustible or noncombustible rubbish not originating therein is deposited either with or without permission of the owner of such parcel or plot of ground, and with or without compensation being paid to the owner for the privilege of depositing such material.

G. "Residential unit" includes each building and space primarily used as a dwelling.

H. "Rubbish" means refuse and waste material, whether combustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans, ashes, tree and vine trimmings. It shall not include plaster, rock sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair. It shall not mean discarded water heaters or furniture.

I. "Recyclables" or "recyclable materials" means plastic bottles, plastic containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other material designated by the city as a recyclable material in Chapter 9.52.

(Ord. 2169 § 1 (part), 1999; Ord. 1939 § 1, 1988; Ord. 1812 (part), 1984)

A. Every owner or occupant in charge of any private property where rubbish, garbage, or refuse is generated shall subscribe to regular collection service by the city's designated rubbish hauler, or shall provide for alternate means of collection individually approved by the city council.

B. It is unlawful for any owner or occupant in charge of any private property to permit, suffer, or allow the accumulation of rubbish, garbage, or refuse on the property for a period of time in excess of one week.

C. Where a determination cannot readily be made as to the person or entity in charge of private property, the responsibility for complying with this section shall rest with the property owner.

(Ord. 1944, 1988: Ord. 1812 (part), 1984)

It is unlawful for any person to bury or burn, or cause to be buried or burned, any garbage or rubbish, on property owned by or under the control of that person upon any public street, alley, public place, vacant property or upon any premises within the city.

(Ord. 1812 (part), 1984)

A. It shall be the duty of every tenant, lessee or owner-occupant of any private dwelling house, and of every other person having garbage and rubbish to provide and keep within the private property and on the same premises suitable and sufficient containers for the accumulation of garbage and rubbish during the interval between pickups without causing or allowing public or private property to become littered.

B. Storage. All garbage and rubbish shall be stored in such a manner that no portion of the material can be transferred off the lot by natural forces and will not be attractive to rodents or insects. The area for storage shall be located in accordance with Land Use Code regulations and screened from view from public ways and adjoining lots as provided for herein.

C. All garbage created or produced in the city shall be disposed of by an approved type waste disposal system or deposited in a container or containers of a type approved by the director of public works. Such receptacles shall be provided by and at the expense of the person producing or accumulating such garbage, and shall be kept in the rear of the premises, except that such garbage receptacle may be placed upon the street or alley where collection of such garbage and rubbish is made subject to Section 7.10.120.

(Ord. 1812 (part), 1984)

A. Receptacles for the containment of garbage or rubbish placed for collection shall be as provided by the city rubbish collection contractor.

B. Receptacles for the containment of yard waste shall comply with these limitations:

1. They shall have the capacity of no more than forty gallons in volume;

2. Their weight shall not exceed fifty pounds when filled;

3. Reusable rigid containers or cans shall be constructed of nonabsorbent and corrosion-resistant materials and should be easily cleanable;

4. The diameter of the can's opening shall be no less than the diameter anywhere below the top and the can should be tapered to facilitate discharge of compacted waste when the container is inverted;

5. The interior of the can shall be smooth, without projections which would interfere with emptying the contents;

6. The can shall have no cracks, holes or jagged edges which could injure collection personnel;

7. The can shall be fitted with handles located directly opposite one another on the sides of the container for easy lifting;

8. Cans shall be equipped with covers or lids which are tight-fitting to resist the intrusion of water and vectors;

9. Cans shall be designed so that they cannot be tipped over easily.

C. Single-use plastic and paper bags furnished by the city rubbish collection contractor must be only those manufactured expressly for solid waste storage and shall meet the standards of the National Sanitation Foundation as to thickness and bursting strength.

D. Commercial dump-type receptacles (bins) shall meet the minimum specifications established by the city's rubbish collection contractor. They shall be maintained in good working order and shall be kept clean and sanitary. Such bins shall be equipped with solid, noncombustible and closeable lids that are sufficient to contain a fire within the bin. It is a violation to place any sort of liquid wastes into a bin unless they are contained in leak proof vessels.

E. Preparation of Recyclable Refuse for Collection—Alternate Methods.

1. In those areas of the city where recyclable material collection containers are provided to users by the city rubbish collection contractor, recyclable materials defined in Chapter 9.52 shall be separated from garbage and rubbish and placed in the respective recycling collection container for collection by the contractor in accordance with Chapter 9.52.

2. Recyclable materials shall not contain garbage or rubbish.

F. Brush and limbs of trees may be placed for collection outside of receptacles in tied bundles not more than four feet in length, not more than eighteen inches in diameter, and not more than sixty pounds in weight each.

G. Garbage receptacles shall be kept covered. No person shall permit a garbage receptacle to remain uncovered or open, or in such condition that flies or vermin may obtain access thereto, except when necessary to place garbage therein or remove therefrom; for such purposes covering shall be immediately replaced.

H. It is unlawful for any person to place any discarded material in, upon or near any receptacle, container or bin, unless he or she has an ownership or possessory interest or right in that receptacle, container or bin.

(Ord. 2169 § 1 (part), 1999: Ord. 1812 (part), 1984)

A. Garbage and Refuse in Same Container. It is unlawful for any person to keep, accumulate or permit to be kept or accumulated any garbage in or upon any public or private place unless the same shall be drained and securely wrapped and placed in containers having a close-fitting cover such as herein specified, which shall be kept closed at all times except when open to be filled or emptied. Garbage and rubbish may be placed in the same refuse container in accordance with the above provisions. Mixed garbage and refuse is not permitted in any dump-type collection bin that does not have a fully operable, flyproof, self-closing lid.

B. Dangerous and Infected Substances. No person shall place or deposit in any solid waste receptacle for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, oils, explosives, or similar dangerous substances which might cause human injury or harm.

C. No person shall place or deposit in any solid waste receptacle for collection pursuant to the provisions of this chapter wearing apparel, bedding, or other articles from any home or place where any infectious or contagious disease has prevailed.

(Ord. 1812 (part), 1984)

All refuse containers shall be kept clean, sanitary and portable by the owner or person using the same.

(Ord. 1812 (part), 1984)

A. All commercial, industrial, institutional, and multi-family residential uses shall be provided masonry trash enclosures which shall comply with the trash enclosure design guidelines adopted from time to time by resolution of the city council. It shall be the duty of the owner(s) of the affected property to provide and install the enclosure required by this Chapter 7.10. The planning commission may waive this requirement pursuant to a finding that the use does not generate a need for exterior trash receptacles. Properties with trash receptacles having cumulative capacity of ninety gallons or less shall not be subject to this requirement if suitable and sufficient containers, as determined by the planning department are provided in accordance with Section 7.10.040A of this Chapter.

B. Multifamily residential properties containing no more than three units shall not be subject to the requirements of this section if the planning department determines that all of the following conditions exist:

1. The property is not of sufficient size, or the location and arrangement of buildings on the property precludes installation of a trash enclosure;

2. All trash receptacles can be screened so that they cannot be viewed from adjacent properties or city streets;

3. Dumpsters are not in use; receptacles are limited to metal or plastic cans.

C. Any building or structure or portion of building or structure used for storage of rubbish and waste shall contain an approved floor drain connected to the public sewer system.

D. Enclosures shall be constructed with a roof.

(Ord. 2169 § 1 (part), 1999: Ord. 1955, 1988; Ord. 1939 § 2, 1988; Ord. 1950 § 1, 1987: Ord. 1812 (part), 1984)

(Ord. No. 2017-2440, § 2, 10-17-2017)

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TABLE 1 [Figure]

A. All provisions of this chapter pertaining to garbage and refuse containers apply to enclosures wherein such containers are placed. Enclosures shall be maintained in a clean and sanitary condition at all times. Graffiti shall be promptly removed. Gates shall be maintained in an operable condition at all times and shall remain closed whenever they are not in use. Enclosures shall not be used for any other purpose. The person responsible for maintaining the garbage and refuse containers in enclosures is responsible for maintaining the enclosure and the surrounding area. This shall include the immediate removal of overfilled containers. Failure to effect such removal is a violation.

(Ord. 1812 (part), 1984)

A. All multiple-family, commercial and industrial uses with outdoor areas used for storage or placement of garbage or rubbish containers of any kind are required to have suitable enclosure pursuant to Section 7.10.080. Wherein any use existing on the date of adoption of the ordinance codified in this title does not comply, it shall enjoy lawful nonconforming use status. Within a period of three years thereafter, the nonconforming features shall be abated by either termination or construction of permitted enclosures. Failure to comply is a violation.

B. Where the planning director finds, pursuant to site plan review, that the only reasonable locations for such enclosures are within required off-street parking spaces, the enclosures and receptacles may be placed in such off-street parking spaces as are designated by the planning director. If such placement of enclosures and receptacles in parking spaces reduces the number of available parking spaces to less than the minimum land use code requirements, no violation of parking regulations will be deemed to ensue.

C. Where the planning director finds, pursuant to site plan review, that no area exists on-site for placement of a trash receptacle enclosure, he is authorized to allow the joint use of receptacles and enclosure, provided such receptacle can be located within one hundred feet of the use served, and the parties concerned in the joint use of receptacles and enclosure shall evidence agreement for such joint use, service costs, and maintenance by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved, shall be recorded in the office of the county recorder and copies thereof filed with the city clerk.

D. Where the planning director finds, pursuant to site plan review, that no area exists for on-site placement of a trash receptacle enclosure of any type, he is authorized to require structural alteration of the building where it is found that a portion of the building abutting a street or alley is available for alteration to accommodate the placement of a trash receptacle.

E. Where the planning director finds, pursuant to site plan review, that no area exists on-site for placement of a trash receptacle enclosure and there is no area available for joint use of trash receptacles and enclosure, and no portion of the building is available for alteration to accommodate placement of a trash receptacle, enclosures may be allowed to be placed within an adjoining parkway, alley or portion thereof. Installation of such enclosure shall be pursuant to issuance of an encroachment permit by the city council upon a finding that such enclosure, at the location proposed, will not constitute a hazard to pedestrians, parking or the circulation of motor vehicles.

F. Where the planning director finds, pursuant to site plan review, that the only reasonable location available for an enclosure is within a required yard or portion thereof, and that such enclosure will not be located within ten feet of any window of any dwelling unit or five feet of a combustible wall, and that placement of the enclosure will not obstruct access about the building, the enclosures and receptacles may be placed within a required yard or portion thereof, and no violation of setback or yard requirements will be deemed to ensue. The use of individual thirty to thirty-five gallon containers within an approved enclosure may be required where it is determined that the use of a commercial dump-type receptacle is not feasible.

(Ord. 1890, 1986; Ord. 1812 (part), 1984)

A. Enclosures and Receptacles On-Site. Enclosures and receptacles shall not be placed on any private property within a required yard area or within ten feet of any window of any dwelling unit or within five feet of any combustible wall.

B. Placement of Garbage and Rubbish Receptacles for Collection. Rubbish and garbage which is to be collected shall be placed within ten feet of the curbline of the public street or if there is no such curb, within ten feet of the surfaced portion of the public street; in the event that the rubbish or garbage are to be collected from a public alley, the receptacle shall be placed within ten feet of the edge of the right-of-way of such alley. In no case shall such receptacle be placed within or upon a street or alley roadway, upon any sidewalk in a manner that would interfere with pedestrians.

C. Curb Cuts Authorized. When no other access is available, the city engineer may issue permits to cut a portion of curb to allow receptacles to be moved into the street for collection.

(Ord. 1812 (part), 1984)

A. Between refuse collection days all containers shall be kept on private property.

B. No container shall be placed out at the curb or alley or within any public right-of-way prior to four p.m. on the day prior to scheduled collection. Containers shall be removed prior to noon on the day following collection day.

(Ord. 1812 (part), 1984)

A. No person, including a contractor authorized to collect garbage and rubbish, shall drop, spill or permit garbage to fall upon private grounds or public streets in the city.

B. Persons responsible for placing containers within public rights-of-way for collection are also responsible for the cleanup of any spillage or debris resulting from such placement or from collection activities.

(Ord. 1812 (part), 1984)

It is unlawful to keep or maintain any garbage or refuse under any conditions whereby the materials yield any odor that exceeds threshold (for definition of "odor threshold," see Section 7.10.010E) within any dwelling unit on the same or adjacent properties.

(Ord. 1812 (part), 1984)

No person, other than the owner thereof, or an employee of the city, or a person holding a contract with the city for the collection of garbage and refuse, shall interfere in any manner with any garbage or rubbish receptacle or the contents thereof, or remove any such receptacle from the location where the same was placed by the owner thereof, or remove any of the contents from any such receptacle. Prior to citing an individual for a violation of this section, a warning shall first be given.

(Ord. 1812 (part), 1984)

It is unlawful for any person, firm or corporation within the city to hinder access of the collectors to the garbage or rubbish containers.

(Ord. 1812 (part), 1984)

A. Placement of Rubbish in Ditches or on Public or Private Property. No person shall deposit or place in any ditch, arroyo, or storm drain, or upon any street or park without first obtaining a permit therefor from the public works director, or upon any lot belonging to another, or upon his own lot in such a manner that the same is or may become a nuisance, any bailing wire, tin cans, brush, tree trimmings, ashes, earth, dirt, stones, paper, dead animals, garbage, rubbish, refuse or any other kind of matter.

B. Permit to Operate Public Dump Required. No person shall maintain or operate a public dump without first obtaining from the city council a written permit to do so.

C. Liability for Cleanup of Spilled, Deposited or Abandoned Matter. Any person who spills, deposits or abandons any matter whether intentionally or unintentionally on any highway or public or private property so as to impede or impair the normal use thereof or so as to create a condition which requires the property to be cleaned or cleared shall, in addition to any other penalty, be liable for the payment of the cost of any and all expense necessary to clean or clear the property of such matter and to restore the property to its natural or former condition.

(Ord. 1812 (part), 1984)

A. Transportation of Garbage. No person shall carry, convey or transport garbage through any street, alley, or public place in the city, unless such person is an employee of the city in performance of his duties, or employee of a person or firm holding a contract with the city for the removal of garbage, or is the owner of the premises on which such garbage was created.

B. Permit to Bring Rubbish or Garbage into City. No person shall bring, carry, transport or convey into the city any rubbish or garbage, or place, deposit, leave, dump, bury or burn the same upon any property within the city, notwithstanding that the owner of such property consents thereto, unless the person first has applied for and received from the city a permit in writing to do any or all of the acts in this section enumerated.

C. Covering Required. Any rubbish or garbage being hauled through the city shall be contained within a vehicle or covered by a tarp or other suitable covering.

(Ord. 1812 (part), 1984)