Newark Municipal Code Ch. 8.08 Garbage

The following definitions contained in this section shall govern the construction of this chapter unless the context otherwise requires:

"Commercial garbage" means garbage collected or saved for purposes of hog or animal feeding, or commercial reduction for fats, tallow or fertilizer, by canneries, packing houses or sheds, markets, hotels, butcher shops, hospitals, and similar institutions and establishments where large quantities of salvageable garbage are produced.

"Contractor" means any company which, through a separate agreement with the city of Newark, has specific franchise rights to collect and process garbage and recyclables in the city of Newark.

"Garbage" means the putrescible animal, fish, fowl, fruit or vegetable refuse, or any portion thereof, resulting from the preparation, storage, handling, or consumption of foods.

"Industrial waste" means all liquid or solid waste substances, except sewage, from any producing, manufacturing or processing business operation.

"Person" includes any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the state of California, the county of Alameda, cities, districts, and any officer or agency thereof.

"Refuse" means all putrescible and nonputrescible solid or liquid wastes, except sewage, whether combustible or noncombustible.

"Rubbish" means all nonputrescible refuse.

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

(Ord. 315 § 1, 1995: Ord. 18 Art. I §§ 1—8, 1956)

Without expense to the city, the owner or occupant of occupied premises in the city having waste, refuse, garbage, rubbish, industrial waste and commercial garbage shall provide, if not provided by contractor, and at all times keep in the building or on the lot on which the building is located, suitable and sufficient water-tight cans with suitable bales or handles and with tightly fitted covers, for receiving and holding, without leakage or escape of odors, all the waste, refuse, garbage, rubbish, industrial waste and commercial garbage which would ordinarily accumulate on the premises in one week's time. The cans shall be so placed as to be readily accessible to the collectors for removing and emptying the contents therefrom and shall be so placed that they will not be public nuisances nor in any degree be offensive. The size of containers available shall be set based on a separate agreement between the city and a contractor for franchised services.

(Ord. 315 § 2, 1995: Ord. 18 Art. III § 1, 1956)

No can or receptacle for receiving waste, refuse, garbage, rubbish, industrial waste or commercial garbage shall be placed on or in any street, alley, sidewalk, footpath or any public place, except as otherwise permitted for curbside collection as provided for in a separate agreement between the city and a contractor. It is unlawful to keep, place or deposit waste, refuse, garbage, rubbish, industrial waste or commercial garbage on any private grounds or premises except in cans or receptacles as designated in this chapter. It is unlawful for any person to throw or deposit any waste, refuse, garbage, rubbish, industrial waste or commercial garbage, or to cause the same to be thrown or deposited upon any street, alley, gutter, park or other public place within the city, or to throw or deposit the same in or upon any vacant lot or back yard or to store or keep the same otherwise than in cans, or receptacles, as required by this section and Section 8.08.020 of this chapter. It is unlawful to have, store, deposit or keep waste, refuse, garbage, rubbish, industrial waste or commercial garbage where rats or other rodents can have access thereto or feed thereon. Each day's violation of this chapter shall be treated and considered and the same shall be a separate and distinct offense.

(Ord. 315 § 3, 1995: Ord. 18 Art. III § 2, 1956)

Any person producing in excess of fifty gallons of commercial garbage a week shall place all the commercial garbage in a suitable container apart from all other waste, refuse, garbage, rubbish and industrial waste so that the commercial garbage may be separately and conveniently collected by the agents or contractors of the city under such regulations as the health officer of the city may from time to time impose. It is unlawful for any person producing in excess of fifty gallons per week of commercial garbage to sell or dispose of the same except to deliver it for removal and disposal to the contractors of the city.

(Ord. 18 Art. III § 3, 1956)

It is unlawful for the owner, tenant, lessee or occupant of any property within the city to maintain, or cause or permit to be maintained thereon, any deposit, collection or accumulation of any animal, mineral or vegetable matter, refuse or substance offensive, injurious or dangerous to health.

(Ord. 18 Art. III § 4, 1956)

At such times as there is an force a contract or contracts between the city and any person for the collection of waste, refuse, garbage, rubbish, industrial waste or commercial garbage in the district it is unlawful for any person other than such contractor, or those persons in the employ of the contractor, to collect any waste, refuse, garbage, rubbish, industrial waste or commercial garbage, or to interfere with the collection, removal or disposal thereof by the contractor.

(Ord. 18 Art. IV § 1, 1956)

In Sections 8.08.080, 8.08.090 and 8.08.100, waste, refuse, garbage, rubbish, industrial waste and commercial garbage, as defined in Section 8.08.010, are collectively referred to as garbage.

(Ord. 18 Art. V § 1, 1956)

The rates and fees for collection, removal and disposal of all garbage in the city shall be fixed and determined by resolution of the city council.

(Ord. 18.3 § 1, 1972: Ord. 18 Art. V § 2, 1956)

The fees and charges specified in this Section 8.08.080 shall in all cases be payable and paid in advance. It is a violation of this chapter for any person to fail or refuse to pay any fee or charge as above specified when the same becomes due.

(Ord. 18 Art. V § 4, 1956)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 270 § 6, 1990: Ord. 18 Art. VI § 2, 1956)

All residences, including single- and multi-family, and business establishments in the city shall receive weekly garbage collection services from the city-designated contractor. An exemption may be granted to this provision to single-family residential customers who elect to do their own recycling provided that:

A. The storage of garbage on site has not been nor is determined to be, at some future date, a nuisance;

B. The resident takes all garbage to the landfill or can certify that they are a low or zero generator of garbage. A low generator is a residence that generates more than zero but less than thirty-two gallons of garbage per month;

C. The resident provides ongoing evidence to the city of recycling activity;

D. Either home composting is practiced or all green waste is removed by a gardening service.

Exemptions from this section shall be subject to the approval of the community development director whose decision is further subject to appeal pursuant to the process outlined in Sections 8.24.080 through 8.24.150 of this chapter.

(Ord. 315 § 4, 1995)

The city's financial director is authorized to place all delinquent payments as defined by the agreement between the city and contractor on the county tax rolls for service performed by the contractor prior to June 1, 2013. The bad debt charges shall be collected by the county of Alameda in conjunction with the county's collection of property tax revenue for the city. In the event that the county of Alameda collects the bad debt, the imposition of the penalties, additional fees and interest upon owners who fail to remit any charge imposed by this chapter or any resolution enacted pursuant to this chapter, or who fail to remit any delinquent remittance under this chapter shall be subject to and governed by the rules, regulations and procedures utilized by the county of Alameda in its collection of property taxes and charges for the city, and in its collection of this additional charge for the city. All administrative costs and such interest as accrues under the provisions of this section shall become a part of the charges herein required to be paid. The following delinquent charge remedies are also available to the city under this section:

A. Bad debt for the collection of solid waste and recyclables is made a lien upon real property.

B. The amount of any charge, including administrative fees, penalty and interest imposed on the provision of this chapter or any resolution enacted pursuant to this chapter, shall be deemed a debt to the city.

C. The city attorney may seek legal, injunctive or other equitable relief to enforce this section. In any such action, the city shall be entitled to reasonable attorney's fees and costs.

D. The remedies established in this section are cumulative and in addition to any other remedies available to the city for collection of the charges imposed herein.

(Ord. 315 § 5, 1995)

(Ord. No. 461, § 1, 2-14-2013)

A. The city's financial director is authorized to review, and in his/her discretion approve, any applications by the contractor to reduce garbage and/or recycle container size for any person with a delinquent payment as defined by the agreement between the city and contractor for contractor's services performed for any such person on or after June 1, 2013.

B. In the event that any person is delinquent as defined by the agreement between the city and contractor, the imposition upon such person of additional fees and interest by the contractor and administration costs incurred by the city shall be subject to and governed by the terms of the contract by and between the city and contractor and shall become a part of the charges to be paid by person to contractor. Prior to the imposition of any such fee, interest, or costs, the contractor shall make an application to the city. The finance director is authorized to review, and in his/her discretion, approve, any such application.

(Ord. No. 461, § 2, 2-14-2013)

The city's financial director is authorized to review, and in his/her discretion approve, the contractor's application to charge any person who places for collection a non-garbage container with contamination, as defined by the agreement between the city and the contractor. Effective June 1, 2013, the contractor may charge any such person up to the equivalent of the garbage rate, as limited and determined by resolution of the city council, for any such non-garbage container.

(Ord. No. 461, § 3, 2-14-2013)