San Rafael Municipal Code Ch. 10.72 Garbage and Refuse Dumps

The following words, terms and phrases, when used in this chapter shall have the meaning ascribed to them in this section.

(a) The term GARBAGE shall mean and include the animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods, and any other putrescible matter.

(b) The term RUBBISH shall mean and include all trash, refuse and waste materials not included within the term garbage, as defined herein, such as trees, shrubs and lawn trimmings, paper, glass, crockery, packing materials, rags and building wreckage and contractor's waste.

(c) The term GARBAGE DUMP shall mean any location or area used for the disposal of garbage from more than one residence.

(d) The term RUBBISH DUMP shall mean any location or area used for the disposal of rubbish from more than one residence.

(e) The term PERSON shall include natural persons, corporations, partnerships and associations.

(Ord. 718 § 1; October 3, 1960).

No person shall keep, maintain or operate a garbage dump at any place within the limits of the City of San Rafael.

(Ord. 718 § 2; October 3, 1960).

No person shall dump, bury, deposit or otherwise dispose of any rubbish within the limits of the City of San Rafael, except at an authorized rubbish dump, for the operation of which a permit has been secured from the Supervisor of Public Works, as provided in Section 10.72.040 of this chapter.

(Ord. 718 § 3; October 3, 1960).

All applications for a permit to operate a rubbish dump shall be made to the Supervisor of Public Works, in writing, and shall contain the following information:

(a) An accurate legal description of the property to be covered by the permit, the names and addresses of the owners of said property, and lessees, if any, and the names and addresses of the owners of all property lying within three hundred fifty feet of the exterior boundaries of said property for which said permit is sought.

(b) A plat showing the location of all drainage, sewer, water and other easements existing on or upon said land covered by said application, and also showing the location of the access intended to be used to said property.

(c) The maximum elevation to which it is intended to place rubbish upon said property.

(d) The source from which fill material is to be procured for the purpose of covering said rubbish.

(e) If the land for which said permit is sought is subject to flooding or to inundation by the ebb and flow of the tide, a precise statement of what the applicant proposes to do to prevent rubbish and other waste material from being carried off of said proposed rubbish dump site onto the lands of others or into the public waters.

(Ord. 718 § 4; October 3, 1960).

No permit shall be issued for the conduct or operation of a rubbish dump if any of the following conditions exist at the location covered by the application:

(a) If its conduct would be in violation of the zoning ordinances or of any other ordinances of the City of San Rafael.

(b) If its conduct will result in a health, sanitary or public nuisance, or constitute a substantial detriment to other properties in the vicinity.

(c) If its conduct will substantially obstruct or interfere with the drainage of the area, as determined by the City Engineer.

(Ord. 718 § 5; October 3, 1960).

All rubbish dumps shall be operated in accordance with the following standards:

(a) They shall be substantially fenced with a solid board fence six feet high, in such manner as to prevent vehicle access thereto and all established accesses thereto shall be obstructed by a good and substantial gate which will be kept locked at all times when said access is not in use by authorized persons.

(b) The operators thereof will not permit to be dumped or placed thereon any hot ashes or other materials which are likely to ignite such rubbish dumps, and should they nevertheless become ignited, the operator thereof will promptly take all reasonable steps necessary to suppress and extinguish the fire and will pay the cost thereof.

(c) Routine rat and rodent control measures shall be undertaken at the rubbish dump as described by the county of Marin health officer.

(d) All rubbish deposited upon the rubbish dump shall be covered with a minimum of six (6″) inches of dirt or mud fill on the second and fourth Tuesdays of each month with a cover of at least two (2′) feet of dry fill material when the rubbish dump site is brought up to its maximum intended elevation as set forth in the application for the permit.

(Ord. 718 § 6, 1960).

Each permit to operate a rubbish dump issued as provided in this chapter shall expire one year from the date of its issuance. Upon the issuance of each of the permits, the permittee will pay to the tax collector of the city a permit fee which shall be set by resolution of the city council to cover the cost of inspecting the rubbish dump during the period of one year in which it will be in operation.

(Ord. 1095 § 1, 1973: Ord. 718 § 7, 1960).

Any violation of any of the provisions of this chapter, or any failure to comply with the terms and conditions under which a rubbish dump permit has been issued shall automatically cause the permit to be revoked and all rights thereunder to terminate.

(Ord. 718 § 8, 1960).

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not to exceed five hundred dollars ($500.00), or by both such fine and imprisonment. Each day that the violation continues to exist shall be a separate and distinct violation.

(Ord. 718 § 9, 1960).