Oakdale Municipal Code Art. II Collection and Disposal

[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.

[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.

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

[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.

[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.

[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.

[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.

[Ord. No. 412, § 13; Ord. No. 560, § 1; Ord. No. 631, § 1; 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.

[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.

[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.

[1]

Editor's Note: Former section 26-17, Contractor's franchise – Renewal, previously codified herein and containing portions of Ordinance Nos. 412, 631 and 845, was repealed in its entirety by Ordinance No. 1059.

[Ord. No. 412, § 9; Ord. No. 1059, § 14.]

The city council shall have the authority to hear and act upon complaints against the city's contractor, and to revoke the agreement with the city's contractor for failure to comply with the conditions of the agreement, or this article, or for failure to comply with any reasonable rules and regulations made by the city council or health officer under the terms of this article.

[Ord. 412, § 7.]

(a) In the event an agreement is entered into with a contractor, and in the further event that such agreement is revoked for the violation of this article or the terms of the agreement, or for contractor's willful or negligent failure to observe and perform his obligations as specified in this article, the council may, by resolution, appoint another contractor for the city upon such terms and conditions as the council may deem proper.

(b) In the event the agreement is revoked for the reasons specified in subsection (a) of this section, the city may at its option take possession of the contractor's equipment and operate the garbage and allied collection services with the city's own forces until it can replace the contractor. If the city does operate with the contractor's equipment, it shall reimburse itself its actual cost of such operation out of the contractor's percentage of money collected, and refund any excess to the contractor. If the actual cost exceeds the contractor's percentage, the contractor shall pay the city the difference between his contract share and the actual cost.

[1]

Editor's Note: Former section 26-20, appointing of contractor in absence of satisfactory bid for franchise, previously codified herein and containing portions of Ordinance No. 412, was repealed in its entirety by Ordinance No. 1059.

[Ord. No. 412, § 10.]

No person shall hinder, threaten, impede or obstruct the contractor, his agents and employees, in the performance of the contractor's duties under the terms of this article.

[Ord. No. 412, § 11.]

All members of the police department and the health officer of the city are hereby specifically required to enforce the provisions of this article, and shall have the right to enter any or all premises for the purpose of ascertaining the sanitary condition thereof, and whether the terms of this article are being complied with; and any person denying, refusing or obstructing such entry shall be guilty of a misdemeanor.