Article II — Collection and Disposal

§ 26-6. Definitions. [Ord. No. 412, § 2; Ord. No. 631, § 1; Ord. No. 1059, § 1.]

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

CONTRACTOR — The person or the agents or employees thereof, with whom the city shall have entered into an agreement providing that such person is authorized to collect, handle and dispose of all or any part of the solid waste, rubbish and garden refuse in the city.

GARBAGE — Putrescible kitchen and table food waste and animal, fish, food, fowl, fruit or vegetable matter, or any portion thereof, resulting from the storage, preparation, cooking, or handling of food stuffs, or any other material contaminated by or rendered useless because of contact with any putrescible matter, except that garbage shall not include cannery or food processing residues that are separated for reuse or recycling.

GARDEN REFUSE — Lawn trimmings or clippings, garden trimmings and refuse, small tree or shrub prunings and other waste materials resulting from gardening, but excluding therefrom earth, concrete, bricks and similar materials.

RECYCLABLE MATERIALS — Domestic, commercial or industrial by-products which may have an economic value if recycled, which may be source separated, set aside, handled, packaged or offered for collection by the resident/business. Recyclables include, but are not limited to, glass, newspaper, plastics, metal, by-metal, aluminum and other materials.

RUBBISH — Nonputrescible, useless, unused, unwanted or discarded material or debris, either combustible or noncombustible, which by their presence may injuriously affect the health, safety and comfort of persons and property in the vicinity thereof.

SOLID WASTE — All putrescible and nonputrescible solid, semi-solid and liquid waste accumulated or delivered for collection and disposal within the city and includes, but is not limited to, garbage, rubbish, construction debris, demolition debris, bulky waste, and garden refuse. Solid waste does not include hazardous waste or household hazardous waste, designated waste, infectious waste, recyclable materials when source separated for recycling or reuse, sewage, or abandoned automobiles.

§ 26-7. Containers. [Ord. No. 412, § 3; Ord. No. 631, § 1; Ord. No. 845, § 1A; Ord. No. 1059, § 2.]

It shall be unlawful for any persons occupying any premises with the city, or for person owning, controlling or maintaining any premises with the city where solid waste is created, produced, or accumulated, to fail or neglect to provide a sufficient number of each approved type containers for receiving and holding without leakage or escape of odors all solid waste produced, created, or accumulated upon such premises, except as hereinafter provided; and all such persons shall deposit all such solid waste in the correct containers, and all such containers shall be at all time kept in good useable and sanitary condition. Containers shall be kept continuously closed except when solid waste is being placed therein or removed therefrom, and shall at all time be closed against the access of flies, rodents, and animals to the contents thereof. It shall be unlawful for any person to place garbage or any other unapproved material in a recycling container.

§ 26-8. Incineration and disposal within city. [Ord. No. 412, § 4; Ord. No. 590, § 2; Ord. No. 1059, § 3.]

No person shall incinerate solid waste on either public or private premises, nor shall any person dump or

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 26-8

OAKDALE CITY CODE

§ 26-9.2

throw out solid waste on vacant land or bury solid waste within the City.

§ 26-9. Solid Waste Collections Service Exclusive and Compulsory. [Ord. No. 412, § 5; Ord. No. 423, § 1; Ord. No. 631, § 1; Ord. No. 654, § 3; Ord. No. 1059, § 4.]

All dwellings, apartment houses and places of business in which solid waste is created, produced or accumulates within the city shall be required to use the solid waste collection service of the city's contractor and to pay the charges therefor, except as provided in section 26-9.2 of this article. It shall be unlawful for any person, firm or corporation, except as otherwise provided in this article, to collect or gather solid waste within the city.

Notwithstanding any provision of this chapter any producer of industrial waste presently using a contract waste hauler other than the city franchisee may continue to use a contract waste hauler other than the city franchisee.

§ 26-9.1. Franchise fees to be paid by alternate contractors. [Ord. No. 846, § 2; Ord. No. 1059, § 5.]

In the event an alternate contractor hauls and removes solid waste from any industrial plant as provided for in section 26-9 above, each such alternate contractor shall pay a franchise fee for the privilege of such hauling in the amount of fifteen percent of the gross charges by such contractor to the industrial plant. Said amount shall be paid to the director of finance of the City of Oakdale monthly, and at the same time such contractor shall furnish to the director of finance such information and files and records to enable the City of Oakdale to determine that the proper fee is being paid to the City of Oakdale.

§ 26-9.2. Private Removal. [Ord. No. 1059, § 6.]

• (a) Any person may remove or may cause to be removed from premises occupied by that person or under their control, such solid waste as is created or produced on such premises in excess of the regular solid waste collection made by city's contract hauler if the following conditions have been complied with: subsections (b) (1) and (2) below:

• (b) Any person may remove or may cause to be removed from premises occupied by that person or under their control, all solid waste created or produced on such premises and becomes a non-customer of the city's contractor if all of the following conditions have been met:

  • (1) Such removal shall be made only by the owner or occupant personally, or by employees of such owner or occupant.

  • (2) All vehicles used in carrying out such removal shall be owned by or under the exclusive control of the owner or occupant, and such vehicle and activities shall meet all the requirements of this chapter and all other laws and ordinances of the State of California and the city relating to solid waste disposal.

  • (3) Persons removing solid waste in excess of normal annual residential volume (defined herein as three thousand pounds per year) shall comply with the following additional requirements:

    • a. No waste shall be permitted to leak, blow, litter or fall from any vehicle engaged in such removal.

    • b. All removal shall be done safely and quietly with due regard to the property of others.

    • c. No person shall remove solid waste from any location within two hundred feet of a public or private elementary, junior high, or high school, where such school is shown on an

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 26-9.2

REFUSE, GARBAGE AND WEEDS

§ 26-9.2

official map of the city, as designated by the public works and transportation director, as said map shall be periodically updated, during the forty-five minutes before the commencement of the regular school day and forty-five minutes following the conclusion of the regular school day, where such locations are accessible to and used by children as routes to or from school.

• d. Persons engaged in solid waste removal pursuant to these requirements shall be responsible for any damage in excess of normal wear and tear to the city's driving surfaces, whether or not paved, resulting from the illegal weight of, or any leakage or spillage of oils, fluids or solids by vehicles used in such solid waste removal.

• e. Vehicles used shall comply with CHP and D.O.T. regulations, and shall be thoroughly washed and disinfected inside the collection body following each use.

• f. No driver shall operate a vehicle as in paragraph e above, without a valid and appropriate driver's license.

• g. All vehicles as in paragraph e above shall be clearly identified with the name and local telephone number of its operator affixed thereto.

• h. Solid waste shall be disposed of at a permitted transfer facility or a solid waste disposal facility, including landfills and transformation facilities, permitted by the California Integrated Waste Management Board (CIWMB).

• i. If the city establishes a yard waste collection program, yard waste shall be separated from solid waste and recyclables and taken to a permitted composting facility or such other locations as directed by the public works and transportation director.

  • j. All recyclable materials shall be separated from other solid waste and shall be recycled at a permitted recycling facility.

  • k. Insurance requirements as specified from time to time by the city's risk manager shall be complied with.

  • (4) A cash security deposit shall be deposited with the city in an amount set from time to time by council resolution to ensure prompt removal of solid waste in the event it is not removed from the premises on a regular weekly basis by a noncustomer owner or person in control of the premises. The security deposit shall be made for each separate residential property or business location owned or controlled by a noncustomer, based on the frequency and volume of past collection. Events requiring city to use a noncustomer's deposit for solid waste removal shall be treated as a public nuisance subject to immediate abatement and charged to such noncustomer. Conduct requiring city to expend noncustomer deposit monies shall constitute a misdemeanor.

  • (5) Persons engaged in solid waste removal shall procure and retain a receipt from a permitted solid waste facility for each week they remain a noncustomer and collection and display all such receipts for the preceding one-quarter calendar year upon reasonable request by appropriate city authority. Failure to show proof of solid waste disposal for each week that a person is a noncustomer shall constitute a public health and safety risk sufficient to permit city to administratively require such person to become a customer.

• (c) Any producer of industrial solid waste, or their employees, may transport the same upon or through any street or public place of the city for disposal at a permitted disposal facility or site.

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 26-9.2

OAKDALE CITY CODE

§ 26-14

• (d) It shall be unlawful for any person acting as an employee of a producer of industrial solid waste to collect or transport such industrial solid waste from more than one industrial producer thereof.

• (e) Any person engaged in the business of gardening or tree summing, or building demolition, or construction work, including both yards and buildings interiors, is authorized to remove and dispose of yard waste, rubbish or salvageable waste produced as an incident to such business, including the use of any contract waste hauler.

§ 26-10. Hours of collection. [Ord. No. 412, § 6; Ord. No. 631, § 1.]

No collection shall be commenced in the residential area of the city before the hour of 6:00 a.m. or after the hour of 6:00 p.m.

§ 26-11. Solid waste. [Ord. No. 412, § 7; Ord. No. 631, § 1; Ord. No. 1059, § 7.]

All solid waste shall be disposed of through the duly authorized contractor for the city, unless otherwise permitted per this article. No person shall cause, permit or allow the accumulation of solid waste in such a manner or in such quantities as will interfere with the public health, comfort and safety of the city, or will become a fire hazard or a hazard to sanitation or a public nuisance.

§ 26-12. Rate making for solid waste collection services. [Ord. No. 412, § 12; Ord. No. 423, § 2; Ord. No. 631, § 2; Ord. No. 1059, § 8.]

• (a) Charges for solid waste service shall be as determined by the contractor for each customer class and shall not be subject to city review and mediation.

• (b) The city shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection (c) below.

• (c) Inasmuch as city contractor is granted an exclusive service agreement and will have no competition with respect to customers who do not wish to be noncustomer, the city council reserves the right to set maximum rates that may be charged for any solid waste collection services offered by city contractors having agreements with the city specifying that the contractor has an exclusive service agreement with respect to such service or services. No contractor may charge differing rates within the same class of solid waste customers.

§ 26-13. Collection vehicles. [Ord. No. 412, § 8; Ord. No. 845, § 1B; Ord. No. 1059, § 9.]

The city's contractor shall deposit the contents of all solid waste and recyclable receptacles directly into the disposal vehicle when collecting from automated cans and bins, which vehicle shall be of a packer type, and approved by the health officer, and shall deliver the contents of such vehicle to a solid waste facility permitted by the California Integrated Waste Management Board which may include a transfer station, material recovery facility, landfill, or transformation facility. Such delivery shall be made on the same day as the solid waste was collected and placed in such vehicle. Disposal vehicle shall at all reasonable times be subject to inspection by the health officer and shall be kept in as clean and sanitary condition as possible. Willful or negligent failure of the contractor to observe the requirements of this section shall be sufficient to justify the revocation by the city council of the agreement held by the contractor. The provisions of this section shall be interpreted to allow the contractor to utilize single-man automated collection vehicles and contractor-supplied wheeled containers for solid waste.

§ 26-14. Collection of solid waste charges. [Ord. No. 412, § 13; Ord. No. 560, § 1; Ord. No. 631, § 1;

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 26-14

REFUSE, GARBAGE AND WEEDS

§ 26-20

Ord. No. 1059, § 10.]

Any agreement entered into by the council pursuant to the provisions of this chapter for the collection of solid waste, except industrial garbage, shall specify that all charges for solid waste service shall be collected solely by the contractor or by the city pursuant to contract with the city. The city may contract with the contractor to perform customer billing and collection services. Nevertheless, such a contract shall not obligate the city to, and the city shall not, use its police power to collect bills remaining overdue or unpaid.

§ 26-15. Free service to city. [Ord. No. 412, § 14; Ord. No. 1059, § 11.]

It shall be the duty of the contractor to collect without charge to the city all solid waste from receptacles placed or caused to be placed by the city in or on the streets, sidewalks, parks or other public grounds or property of the city, including all buildings and facilities that require garbage, refuse, waste, rubbish removal.

§ 26-16. Contractor's franchise-Authorized: term: bids. [Ord. No. 412, § 15; Ord. No. 845, § 1C; Ord. No. 951, § 1; Ord. No. 1059, § 12.]

The City may or may not advertise for bids for awarding franchise agreements for the exclusive right to collect and dispose of solid waste within the city, or the city may, without advertisement, extend any franchise agreement upon such terms and conditions as the city determines.