13.20 — REFUSE, GARBAGE AND WEEDS

No person shall place, deposit, throw or dump, or cause to be placed, deposited, thrown or dumped, any garbage, swill, cans, bottles, papers, ashes, dirt, sand, rock, cement, glass, metal, carcass of any dead animal, offal, refuse, plants, cuttings, trash or rubbish of any nature whatsoever, or any nauseous, offensive matter in or upon any public or private road, highway, street, alley, public way or any public or private property of any kind whatsoever. (Prior code § 33-1)

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

Container. Any vessel, tank, box, barrel or other receptacle in which garbage or rubbish is accumulated and placed for collection under the provisions of this chapter.

Contractor. Any person with whom the City may have a contract pursuant to this chapter for the collection, removal and disposal of garbage, waste or rubbish.

Garbage. All animal and vegetable refuse from kitchen or household waste that shall have been prepared for or intended to be used as food, or that shall have resulted from the preparation of food; all decayed or unsound fruit or vegetable matter; all animal, fish or fowl refuse, other than manure; and all nondecayed fruit and vegetable matter, unfit for human consumption, from stores, markets or other places having fruits and vegetables, or either, for sale, exchange or to give away.

Householder. The owner or occupant of any residential dwelling.

Industrial premises. Those premises upon which the primary and principal industrial activities and uses involve the manufacturing, processing, treatment, handling and creating products, research and technological processes and which activities and uses generally fall within the uses permitted under M-1 and M-2 zoning, including those uses requiring conditional use permits, in the City.

Place of business. Any hotel, restaurant, market, hospital or any commercial or industrial establishment where there is any accumulation of garbage, waste or rubbish.

Place or premises. Any site of real property upon which garbage, waste or rubbish is produced or accumulates.

Rubbish. Leaves, tree or garden trimmings, grass, chips, paper, paste board, magazines, books, rags, carpets, clothing, straw, packing materials, bottles, broken crockery, glass, scrap metal, tin cans, the residue from the burning of wood, cardboard or paper, brush, ashes and similar materials resulting from cooking, heating or disposing of waste combustible materials and all other waste or refuse materials whatsoever. "Rubbish" shall not include building material, sod or dirt.

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City of Paramount, CA § 13.20.020

PARAMOUNT CODE

§ 13.20.070

Street. Any public or private street or way.

Truck. Any truck, trailer, semitrailer, conveyance or vehicle used to collect, hold or transport garbage, waste or rubbish upon and along the streets, roads and highways of the City. (Prior code § 33-2)

The City Council is hereby authorized and empowered to operate, maintain, repair and manage a system and facilities for the collection, removal and disposal of garbage, waste, refuse, rubbish, offal, trimmings and other refuse matter within the City. (Prior code § 33-3)

The City Council is hereby authorized to contract with any person for the collection, removal and disposal of garbage, waste, refuse, rubbish, offal, trimmings and other refuse matter within the City, under such terms and conditions as are contained in this chapter and as may be prescribed by the City Council by resolution or ordinance. (Prior code § 33-4)

In the event a contract exists between the City and any contractor, such contract, in addition to any other remedy available to the City, may be terminated as provided herein.

• A. In the event of a substantial failure of performance on the part of the contractor affecting the public health, safety and welfare, or the willful violation of any of the terms and provisions of this chapter or the contract or resolution hereunder, following a report concerning the foregoing from the City Manager or duly authorized representative, the City Council shall hold a public hearing on whether the contract and all rights and privileges of the contractor thereunder shall be revoked and the bond of the contractor forfeited.

• B. A public hearing shall be after at least 10 days' written notice to the contractor setting forth the charges of the City Manager or duly authorized representative and setting forth the time and place of the hearing and the reason for the hearing. If the City Council at the hearing, after hearing and receiving all evidence and testimony relevant and material on the issue offered at the hearing, finds that there has been substantial failure of service affecting the public health, safety and welfare, or a willful violation of this chapter or of any provision of any contract or resolution made pursuant hereto, it may revoke the contract, and forfeit the bond. The decision of the City Council in this matter shall be final.

• (Prior code § 33-5)

Notwithstanding the adoption of this chapter or any of the provisions thereof, the City Council reserves the right to discontinue the collection, removal or disposal of any of the items, subjects, matters, materials or things referred to in this chapter, at any time in its discretion. (Prior code § 33-6)

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City of Paramount, CA § 13.20.070

PUBLIC SERVICES

§ 13.20.090

• A. Until the further order of the City Council, the Coordinator of Community Safety of the City is hereby designated and appointed as the official of the City in charge of the immediate administration of the provisions of this chapter. If no person is so designated, the City Manager shall be deemed to be the Coordinator of Community Safety.

• B. In all cases and under all circumstances not herein otherwise provided for, the City Manager or duly authorized representative shall be and he or she is hereby empowered and authorized to promulgate and issue such orders, regulations and rules, and prescribe such rates, as in his or her opinion, considering all of the facts and circumstances of any case arising under the provisions of this chapter, may be necessary, convenient or desirable for the safe, proper and essential functioning of the collection and disposal services referred to herein, whether same is performed by contract or otherwise, and as may be in the best interests of the City. All such rules, regulations and orders, when so made, shall be obeyed, and all such rates so prescribed shall be paid.

• (Prior code § 33-7)

• A. It is hereby declared the intention of the City to provide for the collection and removal of garbage and rubbish within the City in accordance with the regulations and provisions of this chapter, and in accordance with the rules, regulations and provisions of any resolution of the City Council prepared pursuant to this chapter, and in accordance with the conditions and terms of any contract entered into between the City and a contractor pursuant to this chapter.

• B. In the event of such a contract the contractor shall provide for the collection, removal and disposal of garbage, rubbish and all other refuse and waste materials, as required by such contract and the specifications thereof.

• (Prior code § 33-8)

• A. Authorized Collection and Removal. Except as otherwise herein provided, it is unlawful for any person other than the contractor or the City to gather, collect, or remove any garbage or rubbish from any premises, except industrial premises, within the City. Except as otherwise herein provided, it is unlawful for any person not having a valid, unrevoked permit from the City to do so, to remove, or cause or permit to be removed, any garbage or rubbish from any industrial premises, or from any street, alley, way or other place in the City, or to transport the same in, upon or across any street, alley, way or place in the City.

• B. Private Contracts Prohibited. It is unlawful for the owner or occupant of property in the City to contract for or to use the services of a person collecting garbage, refuse or rubbish, unless such person is duly licensed by the City.

• C. Lawful Accumulation and Placement. The provisions of this section shall not prohibit the lawful accumulation and placement of garbage and rubbish in the first instance.

• D. Public Officials Exempted. The provisions of this section shall not prohibit any of the officers or employees of the City, or any employees of a contractor, or any employees of any governmental subdivision of the State, from collecting, removing and disposing of such garbage and rubbish in the regular course of their respective duties as such officers or

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City of Paramount, CA § 13.20.090

PARAMOUNT CODE

§ 13.20.090

employees.

• E. Occasional Self-Hauling Permitted. Householders hauling occasional loads of waste, refuse, or manure, not containing garbage, from their own premises to a legal point of disposal shall be excepted from the provisions of this section.

• F. Green Waste Self-Hauling Permitted. This section does not prohibit the hauling or disposal of grass cuttings, pruning, manure or other rubbish not containing garbage, to or at a legal point of disposal as part of gardening or horticulture.

• G. Unlawfully Placed Solid Waste Containers.

  1. Unauthorized Solid Waste Containers. Subject to the exceptions under this section, it is unlawful for any person to place or leave standing a solid waste container on any public or private property within the City except for collection and disposal of garbage or rubbish by the City or contractor as specifically authorized in this section.

2. Containers for Collection of Recyclable Material Exempted. Nothing in this section shall prohibit the placement of containers for the collection of recyclable material sold or donated by the generator of such recyclable material; provided, however, that if the generator of the recyclable material is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of the recyclable material, or for the lease of containers, this exemption shall not apply. The person who places and/or authorizes the placement of containers for the collection of recyclable material shall have the burden of showing that the recyclable material was sold or donated in compliance with the exemption herein. For purposes of this subsection, "recyclable material" means all non-biodegradable waste or debris, including paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, aluminum, metal, plastic, construction waste and debris, and other similar materials from which articles of material value may be extracted, segregated, removed or developed.

   3. Removal of Unlawfully Placed Solid Waste Containers.

      • a. The City Manager or designee may cause the posting of a notice to remove, as described below, in a conspicuous place on any solid waste container placed on any public or private property within the City in violation of this section.

      • b. Notices to remove posted pursuant to the provisions of this section shall specify the nature of the violation and shall state that the solid waste container must be removed within 24 hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the solid waste container.

      • c. If the solid waste container is not removed within 24 hours after the notice to remove is posted, the City Manager or designee may direct the removal and storage of the solid waste container and the disposal of its contents if they consist of, garbage or refuse, or if the solid waste container together with its contents exceeds applicable weight limits. The owner of the solid waste container shall be responsible to reimburse the City, or designee, for the actual cost of removal, storage and disposal. All amounts due to the City or designee

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City of Paramount, CA § 13.20.090

PUBLIC SERVICES

§ 13.20.100

for the cost of removal, storage and disposal must be paid before the solid waste container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

• d. If the identity of the owner of a solid waste container that has been removed by the City is known to the City Manager or designee, the City Manager or designee shall promptly cause notice to be mailed to the owner to claim the stored property. If the solid waste container is not claimed within 95 days after removal and notice to the owner, or 90 days after removal if the identity of the owner is unknown to the City Manager or designee, the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly.

  • e. After a solid waste container has once been removed by the City or designee pursuant to a notice to remove, the owner thereof shall be deemed to have actual notice of the provisions of this section, including the prohibition of placement of solid waste containers by any person other than those exempted herein. In the event of a subsequent placement of a solid waste container owned by the same owner, the City Manager or designee may immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed solid waste container and shall, in such case, give notice to the owner to claim the solid waste container. In such event, the owner shall be responsible to reimburse the City, or designee, for the actual cost of such removal, storage and disposal, which cost shall be paid by the owner before the solid waste container may be returned to the owner. If the solid waste container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection (G)(3)(d), the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly. The costs incurred by the City or designee for removal, storage and disposal shall constitute a debt owed to the City by the owner, who shall be liable therefor in an action by the City for the recovery of such amounts.

4. City and Contractor Remedies. Nothing in this section shall be deemed to limit the right of the City or contractor to bring a civil action against any person who violates this section, nor shall a conviction for such violation pursuant to Title 1 of this Code exempt any person from a civil action brought by the City or contractor.

(Prior code § 33-9)

• A. The City Council shall from time to time fix the respective periods, dates or schedules in and during which collections of garbage and rubbish shall be made and the respective districts within the City to which such respective collection periods, dates or schedules apply. Such collection periods, dates or schedules and the respective districts to which the same respectively apply may be fixed from time to time by order or resolution of the City Council, and each such resolution or order shall be published once in the official newspaper of the City.

• B. The respective periods, dates and schedules, and the respective districts fixed and established in such respective resolutions or order of the City Council, shall become

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City of Paramount, CA

PARAMOUNT CODE

§ 13.20.100

§ 13.20.120

effective on the 10th day following the date of publication. (Prior code § 33-10)

If the City contracts for the collection, removal or disposal of garbage or rubbish, all rights and privileges of the contractor shall be subject to the provisions of this chapter and to the provisions of such other ordinances, resolutions or orders as the City Council may from time to time adopt or make with respect to the collection, removal or disposal of garbage or rubbish, and shall further be subject to the terms, provisions or conditions of any such contract as the specifications therein contained.

(Prior code § 33-11)

It is unlawful for any person to operate, or cause or permit to be operated, within the City, a truck used or intended to be used for the collection, hauling or disposing of garbage or rubbish unless the operator and each such truck complies with all of the following requirements:

• A. Such truck shall not be more than five years old, shall be constructed of metal and shall be watertight. In the event that any such operator shall show to the satisfaction of the Council, upon affidavit, that this requirement or any portion thereof will result in extreme hardship to such operator by reason of unusual circumstances peculiar to the specific use for which any of his or her trucks is intended, and the Council finds that the extreme hardship would so result, the Council may waive this requirement or any portion thereof. There shall be no obligation construed or inferred on the Council to make such finding or waiver, and the decision of the Council shall in all events depend upon no particular evidence or showing and shall be final and conclusive.

• B. The body of each truck shall have a metal cover over at least 50% of the area at all times, and further over the remaining 50% there shall be carried an airtight waterproof tarpaulin which shall be tied down securely to cover refuse when the vehicle is being used to transport its contents to the place of disposal. In the event that any such operator shall show to the satisfaction of the Council, upon affidavit, that this requirement or any portion thereof will result in extreme hardship to such operator by reason of unusual circumstances peculiar to the specific use for which any of his or her trucks is intended, and the Council finds that extreme hardship would so result, the Council may waive this requirement or any portion thereof. There shall be no obligation construed or inferred on the Council to make such finding or waiver, and the decision of the Council shall in all events depend upon no particular evidence or showing and shall be final and conclusive.

• C. Such truck shall be maintained at all times in good mechanical condition and shall be maintained clean and well painted to the satisfaction of the City Manager or duly authorized representative.

• D. Such truck shall contain, in neat and legible three-inch painted letters, the name of the owner or operator of the truck and the true business telephone number of such person.

• E. All trucks shall be cleaned thoroughly by flushing with water at least once after each day's use, and shall be disinfected by the use of live steam or an approved disinfectant at least once a week. If required by the City Manager or duly authorized representative, all vehicles

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City of Paramount, CA § 13.20.120

PUBLIC SERVICES

§ 13.20.120

and equipment used in the collection of rubbish and garbage in the City, if kept within the boundaries of the City, shall be housed in clean sanitary buildings at all times when not in use in collection of garbage and refuse. Under no condition shall the trucks be stored on public streets.

• F. Such trucks shall be operated so far as to offer the least possible obstruction to the public peace and quiet. Collection of rubbish or garbage shall not be made for residential customers between the hours of 6:00 p.m. and 6:00 a.m. and collection for commercial and industrial customers shall not be made between the hours of 6:00 p.m. and 5:00 a.m.

• (Prior code § 33-12)

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City of Paramount, CA

PUBLIC SERVICES

§ 13.20.130

§ 13.20.140