Needles Municipal Code Art. 16 I In General

16-1 Definitions 16-2 Depositing, Discharging, Etc., Refuse, Garbage, Etc., On Streets, Grounds, Etc. 16-3 Unauthorized Removal, Use, Tampering With, Etc., Of Garbage, Rubbish And Recyclable Material Containers 16-4 Public Incinerator Or Dumping Grounds 16-5 Authority Of City To Contract For Garbage And Rubbish Collection And Removal 16-6 Fees For Collection Of Garbage And Rubbish--Generally 16-7 Same--Billings; Payment 16-8 Same--Liability For Charges 16-8A Penalty For Violation

16-1 Definitions

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

"Ashes." The residue, entirely free from all animal or vegetable matter, of all materials burned.

"Combustible rubbish." Paper, leaves, Christmas trees, chips, grass, pasteboard, carpets, clothing, magazines, books, straw, packing material, barrels, boxes, crates, cartons, rags, furniture and all other similar articles or materials which will burn by contact with flames of ordinary temperature which are rejected by the owner or producer thereof as worthless or useless, but not including “garbage.”

"Container." Any vessel, tank, receptacle or box used or intended to be used for the purpose of holding garbage or rubbish.

"Garbage." All animal and vegetable refuse from kitchen and household waste that shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food.

"Market refuse." Decayed and unsound meat, fish, fruit and vegetables from meat, fish, fruit or vegetable markets and animal vegetable refuse from such markets.

"Noncombustible rubbish." Ashes, broken glass and crockery bottles, tin cans and containers, metals, all other similar articles or materials which are rejected by the owner or producer thereof as worthless or useless.

"Place of business." A hotel, office or office building, shop, store or hospital or any commercial or industrial establishment.

"Recyclable Materials" mean materials which have been discarded, thrown away or abandoned by the generator or owner thereof and are commonly collected in recycling programs in Southern California, including, but not limited to:

Newsprint Corrugated material High-grade paper and mixed paper Glass Aluminum cans Tin cans Steel and other types of scrap metals

PET polyethylene terephthalate containers (“PET”) marked “1” as of the date hereof High density polyethylene containers (“HDPE”) marked “2” as of the date hereof Low density polyethylene containers (“LDPE”) marked “4” as of the date hereof California redemption containers Ferrous metals Non-ferrous metals

White paper Mixed paper Telephone Books

This list may be expanded to include any other material for which a recycling market or process is developed and which material is designated by CITY to constitute Recyclable Material during the term of this agreement. Notwithstanding any other term or provision of this agreement to the contrary, materials shall be deemed to constitute solid waste within the meaning of California Public Resources Code Section 40191, and regulated accordingly, whether or not said materials are identified on the foregoing list or may be potentially recyclable, in all cases where the material is mixed or commingled with other types of solid waste, or where a fee, received from the generator in exchange for collection, removal, transportation, storage, processing, handling or disposal services (“Fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, or affiliate of the provider of such service. As used herein, “generator” includes, without limitation, a property owner, occupant, or his/her contractor.

"Rubbish." Combustible and noncombustible rubbish. (Ord. 222 N.S., Ord. 308 N.S., Ord. 478-AC)

16-2 Depositing, Discharging, Etc., Refuse, Garbage, Etc., On Streets, Grounds, Etc.

Except as otherwise provided in this Code, no person shall permit the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, butcher shop offal, market refuse, garbage, rubbish, cans or any dead animal, dead fowl or any putrid or offensive animal or vegetable matter to remain or be deposited or discharged upon the surface of the ground or on any premises, lot or in any building, basement, or in any public street, or into any standing water, stream or excavation or public place.

Nothing contained in this section shall be deemed to prohibit the depositing of cans of rubbish in any lawfully existing dump, or keeping on the premises for not more than the time allowed in this chapter, in a substantial and adequate container, any noncombustible or combustible rubbish, other than garbage or offal, or depositing and keeping for not over seven days, in a tight metal receptacle with close-fitting metal cover, garbage and butcher shop offal, or feeding garbage and market refuse to fowls or animals; provided, that the same does not constitute a nuisance or a menace to public health. (Ord. 222 N.S.)

16-3 Unauthorized Removal, Use, Tampering With, Etc., Of Garbage, Rubbish And Recyclable Material Containers

No person, other than the owner or the city contract collector or their agents or employees, or the authorized agents or employees of the city, shall meddle or tamper with any container or receptacle containing or set out for the purpose of containing any garbage, market refuse, combustible or noncombustible rubbish, or recyclable material. No person, other than the owner or the city contract collector or their agents or employees, or the authorized agents or employees of the city, may remove any of the contents thereof or remove the same from the location at which it has been placed, irrespective of whether or not the same or the location thereof conforms to the requirements contained in this chapter. (Ord. 478-AC)

16-4 Public Incinerator Or Dumping Grounds

The city manager, with the approval of the city council, may establish regulations governing the operations of any public incinerator or public dumping grounds operated by the city and fix the fees for disposing of rubbish at such incinerator or for dumping on such grounds. (Ord. 308 N.S.)

16-5 Authority Of City To Contract For Garbage And Rubbish Collection And Removal

The city council may cause the collection, removal and disposal of garbage, combustible rubbish or noncombustible rubbish to be made by the public works department of the city, or may enter into a contract and let the same either by bid after due notice or otherwise, whichever in the judgment of the city council, will best protect the public interest and obtain the best possible service at the lowest possible cost. Whenever public bids shall be called for such services, the same shall be based on specifications not inconsistent with the provisions of this chapter, which specifications shall set forth in detail the terms and conditions upon which such contract is to be let and shall provide for the proper indemnity bonds to safeguard the city against any loss or damage of any kind or character by reason of the operations of the contractor.

Whenever the city council enters into a contract for the collection of garbage or rubbish, the contractor shall abide by all the provisions of this chapter or any other regulatory ordinance of the city and shall have the exclusive right to collect and dispose of the materials covered by his contract subject to the right of the city council to cause the removal of such garbage or rubbish whenever it appears that such contractor is not performing in accordance with the terms of his contract, or the public health, safety and general welfare requires additional garbage and rubbish services. (Ord. 222 N.S.)

For state law authorizing city to enter into garbage and refuse disposal contract, see H. & S. C., § 4250.

16-6 Fees For Collection Of Garbage And Rubbish--Generally

1. The city manager or his duly authorized representatives, in his discretion, may provide for the collection and removal of garbage, rubbish and other solid waste from any place or premises at times in addition to those when regular collection service is provided, or in a manner different than the prescribed method of collection. Any such additional or different service shall be charged for at an appropriate rate based upon contractor and/or actual expense and administrative costs, as determined by the utilities office manager.
   2. In the event of disputes over billings and fees, which cannot be reconciled by the utilities manager or the city manager, the matter may be referred to the board of public utilities, whose decision shall be subject to the approval of the city council. (Ord. 308 N.S.; Ord. 316 N.S.; Ord. 327 N.S.; Ord. 337 N.S.; Ord. 338 N.S.; Ord. 15-AC; Ord. 53-AC; Ord. 66-AC; Ord. 136-AC; Ord. 157-AC; Ord. 165-AC; Ord. 276-AC; Ord. 320-AC; Ord. 424-AC)

16-7 Same--Billings; Payment

1. All fees for solid waste disposal services shall be collected by adding the amount due to the water bills whenever possible.

   The fees for solid waste disposal services added to the water bills shall be for the period covered by such water bills, and shall be payable at the same time in the same manner as the water bills. Whenever it is not possible to add such service fees to the water bills, the city manager shall cause a separate solid waste disposal bill to be rendered for the services, and payment of such service fees shall be made quarterly in advance to the city on the first business day in January, April, July and October. Service fees may be prorated for a quarter, if the customer has not received service for that entire period.

   Fees for garbage and rubbish collections shall become delinquent at the same time and in the same manner as fees for water.

   2. Special service charges shall be payable to the city immediately upon presentation of a bill for such service.
   3. Fees paid in advance may be refunded upon approval of the city manager or his authorized representative for any calendar month or major fraction thereof during which the applicant for refund was not an occupant or in legal possession of the premises for which the fee was paid. Application for refund shall be filed with the city manager within six months after expiration f the calendar month for which the refund is sought, and shall be made upon forms prescribed by the city manager.
   4. A fee imposed by this chapter shall be a civil debt owning to the city from the occupant of the property receiving the service.
   5. Every householder or tenant occupying any residential dwelling within the city, except residents of multi-unit single-family apartment buildings, shall pay to the city the solid waste disposal service fee for residential service based upon the number of containers provided, whether or not there is any garbage or rubbish to be removed from the premises.
   6. Services such as extra pickups, roll-off boxes, temporary bins, unusual bin services and automated barrel service shall be charged at an appropriate rate based upon contractor and/or actual expense and administrative costs, as determined by the utilities office manager.
   7. Fees for solid waste disposal services shall be charged according to the tables shown on the following pages, herein referred to as exhibits A, B, C, D, and E, and shall increase accordingly on the dates listed:

   EXISTING COMMERCIAL Customers

   Current Rate as of December 31, 2005 plus 3% effective January 1, 2006.

   (The fees shall be proportionately adjusted when the amounts of garbage and rubbish exceed those listed in the table.)

(Ord. 308 N.S.; Ord. 349 N.S.; Ord. 424-AC; Ord. 452-AC)

16-8 Same--Liability For Charges

The city council finds that the periodic collection of rubbish from all places in the city benefits all occupants of places and premises in the city, and therefore all such occupants are made liable for the rubbish collection fees prescribed by this article. In the case of premises containing more than one dwelling unit or place of business or both which are served by a single water meter, such fees may be billed to the landlord, who shall collect such fees levied against the occupants of the dwelling units or places of business located on such premises, and shall transmit the amount so collected to the city. In the event the landlord fails to collect the fees from any such occupant and remit the same to the city, the landlord shall be liable to the city for the payment of such fees. (Ord. 308 N.S.)

16-8A Penalty For Violation

Any person who meddles or tampers with, or removes any garbage, market refuse, combustible or noncombustible rubbish or recyclable material is guilty of an infraction and is punishable by a fine $50.00 for the first citation; a $100.00 fine for a second citation for the same violation; and $200.00 for a third and all subsequent citations for the same violation. (Ord. 478-AC)