Chapter 7.16 — GARBAGE

State Law reference— For statutory provisions concerning garbage disposal sites, see Gov. Code § 38790.

I. - General Provisions

The health, welfare, and safety of the people of the city require that regulations and procedures be established that will provide for the storage, collection and disposal of refuse and waste materials that accumulate within the city. To assure the existence and continuance of a collection and disposal system that will benefit all citizens of the city, it is necessary that regulations and procedures be established as set forth in this chapter.

(Ord. 391 N.S. § 2 (part), 1976)

This chapter shall be known by the short title of "Solid Waste Management Ordinance."

(Ord. 391 N.S. § 2 (part), 1976)

II. - Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in Sections 7.16.030 through 7.16.130.

(Ord. 391 N.S. § 2 (part), 1976)

"Collection station" means the location where the occupant of any premises places garbage or rubbish in standard containers, boxes, cans, bales, bundles, or as separate items, for collection by a refuse collector.

(Ord. 391 N.S. § 2 (part), 1976)

"Disposal area" means an approved premises or site where the disposal of refuse not produced on such premises or site is permitted to occur.

(Ord. 391 N.S. § 2 (part), 1976)

"Director of municipal services" means the director of engineering and utilities of the city.

(Ord. 391 N.S. § 2 (part), 1976)

"Garbage" means trimmings and leftovers from the preparation of meals, and spoiled and wasted foods from homes, restaurants, markets, and other accommodations occupied by human beings, and the unwashed paper, cardboard, wood, metal, plastic or glass containers which have been used as food containers and to which putrescible food particles adhere.

(Ord. 391 N.S. § 2 (part), 1976)

"Person" means any person, firm, association, organization, partnership, corporation or company, and includes every public agency subject to the provisions of this chapter and any officer thereof.

(Ord. 391 N.S. § 2 (part), 1976)

"Premises" means the integral area of a parcel or lot, including improvements, to which electricity and/or water service are provided.

(Ord. 391 N.S. § 2 (part), 1976)

"Refuse" means all putrescible or nonputrescible solid and semisolid waste, whether combustible or noncombustible, including both garbage and rubbish, but excluding waste material as defined in Section 7.16.130.

(Ord. 391 N.S. § 2 (part), 1976)

"Refuse collector" means that city department, public agency, franchise holder, or any combination thereof designated by the city council to collect refuse within the city and to dispose of same.

(Ord. 391 N.S. § 2 (part), 1976)

"Rubbish" includes, but is not limited to, grass trimmings, yard cuttings and all refuse as defined in Section 7.16.090 except that which is defined in Section 7.16.060 as garbage and Section 7.16.130 as waste material.

(Ord. 391 N.S. § 2 (part), 1976)

"Standard container" means a metallic can or plastic watertight container with a close-fitting cover, a cover handle and side bails, of thirty-two gallons or less in gross capacity, and not to exceed fifty pounds in gross weight when filled.

(Ord. 391 N.S. § 2 (part), 1976)

"Waste material" includes, but is not limited to, fish and fowl, corrosive substances, sludge, oil, residue, sewage, liquid wastes, industrial wastes, and any and all other material not commonly classified as refuse.

(Ord. 391 N.S. § 2 (part), 1976)

III. - Sanitation Section

(a)

A sanitation section is established as a part of the municipal services department. The duties shall be the supervision of the collection and transportation of refuse within the city, and the bookkeeping, billing, and accounting in connection with the said disposal services.

(b)

The duties as provided herein may be assigned by the director of municipal services to a person that he may designate to act as his assistant in these matters and to perform the duties here assigned.

(Ord. 391 N.S. § 2 (part), 1976)

The sanitation section shall consist of the director of municipal services and the county health department acting as the city health officer and a sufficient number of deputies, bookkeepers and other employees as may be needed to adequately oversee the performance of the collection, transportation and disposal of refuse within the city, and the billing and collection of the services of furnishing the sanitation services. The office of the section shall be the director of municipal services—office and the bookkeeping and accounting shall be under the direction and control of the finance director.

(Ord. 391 N.S. § 2 (part), 1976)

Each applicant for sanitation service shall be required to sign an application form provided by the municipal water division, or make application by letter showing the date of the application, location of the premises to be served, mailing address, date applicant desires service, and other such information as may be required.

(Ord. 391 N.S. § 2 (part), 1976)

After disposal service has been discontinued from any premises, it shall not again continue until the sanitation division has received written application therefor. Such application shall be on blanks furnished by the city and shall be signed by the prospective customer or his agent, which consumer shall be liable for all service furnished thereto.

(Ord. 391 N.S. § 2 (part), 1976)

No application for service, whether for water, sewer, or refuse collection, shall be approved, and no service of any kind shall be provided unless payment in full has been made for water, sewage, and refuse disposal service previously rendered by the city or the franchise hauler to the applicant.

(Ord. 391 N.S. § 2 (part), 1976)

All charges established by this chapter shall be on a monthly basis. Billing and payment may be on a monthly or bimonthly, every second month, basis as determined by the council.

(Ord. 391 N.S. § 2 (part), 1976)

There shall be no splitting of bills as regards to charges for water, disposal or sewage service, that is to say, the total charges to any one person for water and/or for disposal service and/or sewage service shall be considered as a single charge and may be billed as such, and nonpayment of any portion of such bills shall be nonpayment of all such bills, notwithstanding the fact that for administrative purposes such charges may be shown separately on the bills.

(Ord. 391 N.S. § 2 (part), 1976)

In the event that any user or consumer is aggrieved by any ruling of the director of municipal services made pursuant to any of the provisions of this chapter, such consumer or user may appeal from such ruling in writing to the council

within ten days. The council's action on such appeal shall be made within thirty days after said hearing and their decision shall become final.

(Ord. 391 N.S. § 2 (part), 1976)

IV. - Storage and Removal

Every tenant, occupant, or owner of any premises in the city on which refuse is produced, created, or accumulated shall provide for safe, sanitary and adequate storage of the same pending collection or disposal in accordance with the provisions of this chapter.

(Ord. 391 N.S. § 2 (part), 1976)

It is unlawful for any person occupying or maintaining any premises within the city, where garbage is created, produced, or accumulated, to fail or neglect to procure and maintain a standard container for receiving and holding, without leakage or escape of odors, all garbage which is produced, created, or accumulated upon such premises and all such persons shall deposit all such garbage not ground and introduced into the sanitary sewer system in such a standard container. For sanitary purposes, garbage shall be bagged or wrapped to prevent leakage and odors when placed in containers.

(Ord. 391 N.S. § 2 (part), 1976)

It is unlawful for any person occupying or maintaining any premises within the city where rubbish and/or waste material is created, produced, accumulated, or stored, to allow the rubbish and/or waste material to be scattered about said premises in an unsightly, hazardous, or unsanitary manner.

(Ord. 391 N.S. § 2 (part), 1976)

Any person storing or accumulating refuse and/or waste material on any premises within the city which may create a condition that is unsightly, hazardous or unsanitary shall remove the refuse and/or waste material, or cause it to be removed by the refuse collector. All refuse and/or waste material shall be removed from residential premises not less than one time each week. Commercial premises creating large volumes of refuse and/or waste material shall cause the same to be removed at intervals of more than one time each week as need dictates to prevent unsightly, hazardous or unsanitary conditions.

(Ord. 391 N.S. § 2 (part), 1976)

V. - Collection Stations

Refuse collection stations for collection by the refuse collector shall be in the rear or side yards of dwelling units within fifty feet of the curbline, in places unobstructed and easily accessible to the refuse collector, or at the alley if there is one, or at the street curbline adjacent to such premises, where the refuse will be neither a public nor a private nuisance, nor in any degree offensive. Standard containers shall be placed at or above ground level in these locations by the occupant of such premises. For commercial and nondwelling facilities, the refuse collection station shall,

whenever possible, be in the rear of such facilities and subject to approval of the city. In all cases, placement of standard containers shall not intrude into the street.

(Ord. 391 N.S. § 2 (part), 1976)

Rubbish collection stations for dwelling units shall be the street curbline adjacent to such premises, and standard containers, boxes, cans, bales, bundles or separate items of rubbish shall be placed in that location by the occupant of such premises. Collection stations shall be at the alley if there is one. For commercial and nondwelling facilities, the rubbish collection station shall, wherever possible, be in the rear of such facilities and subject to the approval of the city. In all cases, placement of standard containers, boxes, cans, bales, bundles or separate items of rubbish shall not intrude into the street,

(Ord. 391 N.S. § 2 (part), 1976)

Waste material collection stations for collection by the refuse collector for all premises shall be entirely within the confines of the premises and must be maintained in the manner specified in Section 7.16.250. It is unlawful to deposit waste material upon any public right-of-way pending collection by the refuse collector or contractor unless a special permit is obtained therefor from the city.

(Ord. 391 N.S. § 2 (part), 1976)

VI. - Collection of Refuse

It is unlawful for any person to engage in the business of collecting refuse within the city, or to haul the same through or upon any street or public right-of-way in the city, unless such person has been granted a franchise to do so by the city; provided, that the owner or occupant of any premises may transport refuse, to include garbage, rubbish and waste material produced, created, or accumulated on his own premises, to an approved refuse disposal area, subject to the requirements of Section 7.16.410 pertaining to such refuse transportation; provided, however, that if such occupant elects to transport or dispose of garbage, refuse or waste belonging to him, and produced on the premises occupied by him, he shall nevertheless be required to pay the charge provided in this chapter for garbage and refuse collection. It is unlawful for any person to interfere in any manner with the lawful operations of a franchised or licensed refuse collector.

(Ord. 391 N.S. § 2 (part), 1976)

(a)

The city council shall grant franchises to persons who may engage in the business of removing garbage or refuse, except a person authorized to do so by resolution of the city council, and only then after he has filed with and had approved by the city council a corporate surety bond to said city in the penal sum of five thousand dollars, signed by the principal and a corporate surety authorized to do business in the state of California. The condition of said bond shall be as follows:

"A condition of this obligation is such that if _______________, principal, shall faithfully and fully observe and comply with all the provisions of Ordinance No. __________ N.S. of said City of El Paso de Robles, as presently enacted or

hereinafter enacted, then this obligation shall be void, otherwise to remain in full force and effect. In the event of any breach of this condition, the measure of damages shall be the actual cost to the city in performing any work or services that the principal has undertaken and failed to perform in accordance with this ordinance."

(b)

Any person so franchised by the city council may receive and collect from the occupant of such dwelling or other premises within the corporate limits of the City of El Paso de Robles, for services rendered in the collection and removal of garbage or refuse therefrom, fees or charges, such as the city council may from time to time by resolution provide.

(c)

In granting such franchises, the city council may specify the type of refuse to be hauled and conditions respecting the manner in which the same shall be hauled or disposed of, as that may be necessary for the preservation and protection of the public health and safety. The city council designates that all garbage and refuse from any premises within this city shall be dumped or deposited at such place as the city council may from time to time by resolution designate.

(Ord. 391 N.S. § 2 (part), 1976)

(a)

All premises within the limits of the city which are occupied or which have a water service account shall have refuse service, and the election by any person not to accept such service shall not exempt him from the payment of the minimum charge for sanitation service. The franchised firm or corporation providing the service in the city, pursuant to its franchise, may, in addition to the minimum charge billed by the city, bill an additional amount for extra services as set forth in the fees as adopted by resolution under Section 7.16.300.

(b)

Excepted from the mandatory sanitation charge are any unoccupied premises having a water service exclusively for irrigation purposes. Persons applying for this exemption shall certify to the exclusive use of their water service for irrigation purposes, and occupancy of the premises or use of water for other than irrigation purposes shall be an infraction.

(Ord. 391 N.S. § 2 (part), 1976)

(a)

It is unlawful for any person to collect or transport refuse within the city, and it is unlawful to bury, burn, or otherwise dispose of the same, except as provided in this chapter. All collection, transportation, and disposal of refuse shall be done exclusively by the franchise hauler or haulers and they are given the exclusive right to collect, transport and dispose of all refuse to be collected, transported and disposed of, or refuse produced and found within the city.

(b)

Nothing herein contained shall be construed to prevent the occupant of any property or premises from contracting with any person who provides a service to the premises, such as gardening, landscaping, repair or maintenance, to transport or dispose of refuse created by such service providing such transportation or disposal of such refuse so

created is incidental to the primary service rendered to the premises, as herein described, is limited strictly to the transportation or removal of refuse created by the provision of such service to the premises, and the person contracted which holds a current valid city business license for the business of conducting such primary service; provided, however, that the occupant so contracting for the transportation or removal of refuse so created, shall nevertheless be required to pay the charges provided in this chapter for garbage and refuse collection. Nothing herein shall prevent nuisance-free waste composting.

(Ord. 391 N.S. § 2 (part), 1976)

Animal byproducts from packinghouses, factories, or creameries, which are produced under sanitary conditions shall not be classed as refuse, but shall belong to and may be removed by the owners or persons in control of such establishments upon securing permission in writing from the director of municipal services; provided, that the same shall be removed at least twice a week and that such removal and disposal shall be in all other respects subject to the terms of this chapter, except that the owners may sell and dispose of such products.

(Ord. 391 N.S. § 2 (part), 1976)

Refuse shall be collected by the refuse collector from every premises at least one time each week.

(Ord. 391 N.S. § 2 (part), 1976)

Residential refuse may be collected only between the hours of six a.m. and six p.m., Monday through Saturday inclusive, except that regular collections of refuse may be made on Sunday in business districts zoned for and predominantly used by commercial or industrial establishments.

(Ord. 391 N.S. § 2 (part), 1976)

(a)

The refuse collector shall be required to replace covers on containers after emptying them, but not to pick up refuse which has been scattered on the premises by others. Refuse may be placed at the curb for collection not earlier than six p.m. on the day preceding the day of collection. The owner of empty containers shall remove them from the street not later than six p.m. on the day of collection. It is unlawful to place refuse at the curb so that either the sidewalk or street gutter is obstructed. Containers, other than standard containers as defined in Section 7.16.120, will be removed with their contents at the time of collection unless they are plainly labeled "DO NOT TAKE" in large letters.

(b)

All refuse containers shall be kept in a clean and sanitary condition by the owner or person using same and shall be kept tightly covered at all times as proof against access by flies to the contents thereof, except when refuse is being deposited therein or removed therefrom.

(Ord. 391 N.S. § 2 (part), 1976)

failure.

Any refuse container that does not conform to the provisions of Sections 7.16.120 and 7.16.230 or that has ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof must be promptly replaced by a standard container upon receipt of notice to that effect from the director of municipal services. If not so replaced within the time stated on such notice, such nonconforming or defective container may be collected and disposed of by the refuse collector as waste.

(Ord. 391 N.S. § 2 (part), 1976)

It is unlawful for any unauthorized person to remove the lid from any refuse container or to collect, molest or scatter the refuse stored in such container or to deposit any refuse in such container.

It is unlawful for any person to dispose of refuse by depositing same in a commercial bin located within the city of El Paso de Robles without the prior consent of the owner of the commercial bin.

(Ord. 422 N.S. § 1, 1979; Ord. 391 N.S. § 2 (part), 1976)

Tree limbs, cuttings and the like will be collected if they are cut into lengths of four feet or less and placed in the refuse container required by Section 7.16.220 or securely tied into bundles of not more than fifty pounds or eighteen inches in diameter and placed beside the regular container. Tree limbs or trunks in excess of three inches in diameter will not be collected. Cartons, boxes and the like will be collected if they are folded or broken apart, tied in bundles and placed beside the regular containers. Papers and magazines not in containers shall be tied to prevent being scattered and when set out for pickup shall be placed adjacent to the container on the ground.

(Ord. 391 N.S. § 2 (part), 1976)

All vehicles, conveyances, or containers used for hauling refuse within the city shall be of such construction as to comply fully with all laws, rules, and regulations of the state and county pertaining thereto, and shall be of a type and construction to prevent leakage, spillage, or overflow. All refuse in such vehicles, conveyances, or containers shall be completely covered or compacted when enroute from the last collection station to the disposal area so as to prevent any refuse from spilling, overflowing, blowing, or dropping out of said vehicle, conveyance or container. All such vehicles shall be steam cleaned at least once each month.

(Ord. 391 N.S. § 2 (part), 1976)

Dead animals shall be disposed of by the poundmaster of the city as provided in Sections 7.12.070 and 7.12.080 of this code.

(Ord. 391 N.S. § 2 (part), 1976)

All refuse, upon being removed by a refuse collector from the premises where produced, created or accumulated shall become and be the property and responsibility of the refuse collector while in his possession and in transit to city disposal site and thereafter shall be the property and responsibility of the city or its disposal site operators.

(Ord. 391 N.S. § 2 (part), 1976)

The director of municipal services shall have the authority to make necessary rules and regulations concerning the collection, transportation and disposal of refuse within the city, and he shall provide among other things for the time and method of collection, subject to the approval of the city manager, and except as otherwise provided in this chapter. Hardship cases shall be referred to the director of municipal services and considered on an individual basis.

(Ord. 391 N.S. § 2 (part), 1976)

VII. - Burning or Burying Refuse and/or Waste Material

No waste matter, combustible material or refuse shall be burned in the open air within the city limits. No waste material or garbage shall be burned in any fireplace, incinerator or container within a building located within the city limits. This section shall not apply to agricultural burning pursuant to a permit issued by the San Luis Obispo Air Pollution Control Board or the city fire chief, nor shall it apply to the burning of charcoal or wood for campfires or barbecues.

(Ord. 391 N.S. § 2 (part), 1976)

It is unlawful for any person to bury refuse and/or waste material on any premises, public or private, within the city. This section shall not apply to nuisance-free composting.

(Ord. 391 N.S. § 2 (part), 1976)

VIII. - Deposit of Refuse and/or Waste Materials in Public Places

It is unlawful for any person to throw, deposit, or cause to be thrown or deposited, any refuse and/or waste material in or upon any public street, highway, right-of-way, watercourse, waterway, levee, bank, revetment, or upon any public premises whatsoever within the city, except in an approved disposal area.

(Ord. 391 N.S. § 2 (part), 1976)

City-maintained trash containers are provided to prevent littering of streets and public areas from individual outdoor uses incidental to picnics, camping, and outdoor consumption of food and are not provided for large quantities of collected trash. It is unlawful to deposit in city-maintained containers, yard trimmings, household garbage, accumulated household trash, discarded wearing apparel, or other household property. It is also unlawful to deposit trash generated by the conduct of a business enterprise in said containers.

(Ord. 391 N.S. § 2 (part), 1976)

IX. - Refuse Collection—Quantities and Service

The refuse collector shall provide weekly collection of one standard container of refuse at curbline or alley for every person who has a water service in the city. This collection is to be hereinafter referred to as the "basic collection." The

"basic collection" fee shall be added to the utility bill of the person receiving the service.

(Ord. 391 N.S. § 2 (part), 1976)

Every person who may desire to subscribe for additional collection of rubbish, may make application to the refuse collector for "optional collection." Said "optional collection" may be in equivalents of one standard container of rubbish in addition to the basic collection provided for in Section 7.16.480, said rubbish to be assembled in standard containers, boxes, cans, bales, bundles, or as separate items not to exceed fifty pounds in weight, four feet in length, eighteen inches in diameter. Optional collection of rubbish shall be made once each week at the same time that the basic collection is made; providing, however, that the equivalent of one standard container of rubbish is placed at the curbline for pickup in conformance with the provisions of Sections 7.16.270 and 7.16.370.

(Ord. 391 N.S. § 2 (part), 1976)

Extra refuse collection in quantities in excess of the amounts specified in Sections 7.16.180 and 7.16.490 may be contracted for with the refuse collector in accordance with the schedules of the type of service, quantities, and rates as set forth in Sections 7.16.530 through 7.16.550.

(Ord. 391 N.S. § 2 (part), 1976)

The following substances shall be the subject of special collections, upon request of the owner or occupant of any premises: caustics, liquids, loose building materials, sod and earth, sludge, corrosive substances, oil, residue, sewage and industrial wastes, any other rubbish not in containers or bundles, any items exceeding fifty pounds in weight or four feet in length, and garbage in excess of the capacity of the standard containers in regular use on the premises. Special collections will be made at the expense of the owner or occupant upon request to the refuse collector. The refuse collector shall be obligated to quote his rate in writing before performing the special collection, and to complete the special collection within forty-eight hours of receipt of the request, excluding Saturdays, Sundays and holidays (unless otherwise requested by the owner or occupant). Rates quoted by the refuse collector for special collections shall be in accordance with the rates as set forth in Sections 7.16.530 through 7.16.550.

(Ord. 391 N.S. § 2 (part), 1976)

The refuse collector, in addition to making available collection service on a weekly basis, shall provide one annual free pickup of all rubbish, exclusive of garbage, from the curbline in front of each premises subscribing to refuse collection service in conjunction with an annual city and community sponsored "Clean Up Week." All rubbish placed in standard containers, boxes, cans, bales, bundles, or as separate items, none of which shall exceed fifty pounds in weight, will be picked up free of charge at a time and on the date specified by public notice. This free collection is to be provided on an annual basis to further encourage the beautification of the city and to help create a cleaner and better place in which to live. There shall be no charge for dumping said rubbish at the disposal site.

(Ord. 391 N.S. § 2 (part), 1976)

X. - Refuse Collection Charges

The city council shall, by resolution, establish the rates to be charged for the collection of refuse and waste material by a franchised refuse collector. Any fees imposed by this section shall be a civil debt owing to said city from the occupant or owner of the residence where refuse or rubbish collection service is performed. In the event an occupant leaves a premises with garbage, refuse, rubbish, or waste material as herein defined, the landlord shall be responsible and shall be billed for removal of said garbage, rubbish or waste materials. In the case of multiple dwellings where said fees are not billed in accordance with this section, such charges shall be billed to the landlord. In the event said landlord fails to collect any such charge from any occupant, said landlord shall be liable to the city for payment of such charges.

(Ord. 391 N.S. § 2 (part), 1976)

Editor's note— Resolutions amending this section are Resolutions 77-2189, 79-2279, 86-3059, 88-15, 88-98, 89-42, 90-145, 91-106, 92-13 and 06-142, and are on file in the office of the city clerk.

Rates for refuse collection charges shall be based upon the number and type of containers, quantities collected, frequency and type of service provided, and whether it is residential or commercial service.

(Ord. 391 N.S. § 2 (part), 1976)

Any person subscribing to the refuse collection service who contends that he has been required to pay an unreasonable charge for such service, or that service to be provided has been less than that set forth under the provisions of this chapter, or that service has been refused, may file a written complaint with the city setting forth the facts of such alleged overcharge, lack of or refusal of service. The refuse collector will be notified of the complaint and the city shall investigate to determine the reasonableness of the complaint. If it is found that any overcharge, lack of or refusal of service has been made by the refuse collector, the city council, after due public hearing, may, at its discretion, terminate any franchise issued under the provisions of this chapter.

(Ord. 391 N.S. § 2 (part), 1976)

XI. - Enforcement and Penalties

It shall be the duty of the city administrator or his authorized agent and the county health department, acting as the city health officer, to enforce the provisions of this chapter.

Any permit or license of any type issued by any department or officer of the city issued in conflict with provisions of this chapter is declared to be null and void.

(Ord. 391 N.S. § 2 (part), 1976)

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor punishable by imprisonment in the city jail or the county jail for a

period not to exceed six months, or by a fine of not to exceed five hundred dollars, or by both such fine and imprisonment.

(Ord. 455 N.S. § 1, 1980: Ord. 391 N.S. § 2 (part), 1976)