Selma Municipal Code Ch. 1 Garbage Regulations

For the purpose of this chapter, the following words and terms shall have the meanings ascribed to them, unless the content makes such meaning repugnant thereto:

COMPOSTING: The controlled or uncontrolled biological decomposition of organic constituents (including by anaerobic digestion equipment).

CONSTRUCTION AND DEMOLITION DEBRIS: Used or discarded construction materials removed from a premises or property during the construction, renovation, or razing of a structure, including both recyclable and nonrecyclable materials.

CONTRACT AGENT: An agent or employee of the city, or any person thereof with whom the city shall have duly contracted, under the terms hereinafter set out in the provisions of this chapter, and under the provision of the laws of the state, with amendments thereto, to collect, transport through the streets, alleys or public ways of the city, and dispose of and/or recycle organics, solid waste, and/or dry recyclables produced within the corporate limits, and shall also mean "refuse collector" or "contractor".

DEVELOPMENT PROJECT: For the purposes of this chapter, "development project" shall mean the following:

(A) All new commercial, industrial or institutional building for which a building permit is required.

(B) All new single-family residential project, consisting of five (5) or more units, which share a common area for collecting and loading solid waste.

(C) All new multiple-family residential projects which share a common area for collecting and loading solid waste.

(D) All new public facilities where areas for collecting and loading solid waste are provided.

(E) All existing commercial, industrial or institutional buildings which add thirty percent (30%) or more to the existing floor area and require a building permit.

DISABLED CUSTOMER: Anyone who has applied at city hall for a discount, has provided adequate documentation and has been determined by the city manager or the city manager's designee as meeting one or more of the following criteria:

(A) Has been found to be handicapped by the California department of motor vehicles; or

(B) Has been found to be totally and permanently disabled by the social security administration under any of their programs including, but not limited to, the social security disability insurance program under title II of the social security act and including, but not limited to, the supplemental security income program under title XVI of the social security act; or

(C) Has been found to have at least a fifty percent (50%) disability under the workers' compensation insurance act; or

(D) Has been determined to be disabled by any branch of the military or the veterans' administration; or

(E) The city manager or his designee has determined that the individual is disabled based on the statement of a licensed physician.

DISPOSAL SITE: The solid waste facility or facilities selected by the contractor for the ultimate disposal (by contractor) of solid waste collected by the contractor. The Avenal Landfill shall be the initial disposal site.

FOOD WASTE: Organic consumer food materials that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste, and includes, without limitation, fruits, vegetables, meat, seafood, small bones, dairy, eggs, breads, pastas, sauces, cooking oil, grease, tea bags, coffee grounds and filters, and other related materials.

GARBAGE: Putrescible animal, fish, food, fowl, fruit or vegetable matter (excluding green waste), or any portion thereof, resulting from the preparation, storage, handling or consumption of such substances.

GREEN WASTE: Untreated and unpainted wood, prunings, brush, leaves, or grass clippings, Christmas trees and such other types of waste that may be specified by the city in its reasonable discretion for collection and processing.

INCINERATOR: Fireproof receptacles to be used for disposing of combustible solid waste on private premises.

MATERIAL RECOVERY FACILITY (MRF): Any plant or site used for the purpose of sorting, cleansing, treating or reconstituting recyclable materials and returning them to the economy.

ORGANICS: Green waste and food waste.

PUBLIC FACILITY: Any facility which is owned by a public agency.

RECYCLABLE MATERIALS: Domestic, commercial or industrial byproducts of economic value separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste and specifically includes, but is not limited to, glass, paper, plastic, metal, construction and demolition debris that is recyclable, food waste and green waste.

RECYCLING AREA: The space provided in a trash enclosure for the collecting and loading of recyclable materials.

RECYCLING STATION: Any property and/or facility that the city shall designate at any time to be used for the recycling of any or all dry recyclables that may accumulate within the city.

RUBBISH: Paper (other than newspaper), pasteboard, carpets, rags, clothing, books, straw, packing, barrels, boxes, oily rags, oily waste, furniture, sawdust, shavings, old tires, boots, shoes, leathers, yard scrapings, broken crockery, broken brick, tin vessels, ashes, natural soil, street sweepings, earth, stone, and all other similar articles of any kind or character considered as waste or rejected by the owners thereof, but shall not include brick, mortar or other debris incident to the construction or demolition of buildings.

SENIOR: Anyone who has applied at City Hall for a discount and has been determined by the City Manager or the City Manager's designee as having reached sixty (60) years of age or older. The applicant shall have the responsibility of adequately documenting that he or she meets the terms of this definition.

SOLID WASTE: All putrescible and nonputrescible solid, semisolid and liquid waste accumulated or delivered for collection and disposal within the City and includes, but is not limited to, garbage, construction debris, demolition debris, rubbish, and bulky waste. Solid waste does not include hazardous waste or household hazardous waste, designated waste, infectious waste, recyclable materials when recycled, sewage, or abandoned automobiles.

WASTE GENERATOR: The owner or occupant of premises, including businesses, which initially produce solid waste.

WET GARBAGE: All animal and vegetable refuse and household waste or material or matter prepared or intended in part or in whole to be used for food. (Ord. 2014-3, 3-3-2014)

It shall be unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as hereinafter provided.

(A) Solid Waste: It shall be unlawful for any person to keep, accumulate or permit to be kept or accumulated any solid waste upon any lot, or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept in a suitable container. A "suitable container" shall meet one of the following criteria:

1. Either it shall be a container having a capacity of not less than five (5) gallons, and not to exceed thirty (30) gallons, said receptacles to be provided with a close fitting lid or cover, which shall be kept closed at all times, except when necessarily opened to permit solid waste to be taken therefrom or deposited therein; or

2. If the City Council by resolution shall adopt a policy of pursuing the automated collections of solid waste, it shall be a container which is either provided for the purpose by the contract agent or a container which has been approved in advance by the contract agent.

(B) Placement Of Receptacles On Streets/In Alleys: Waste containers shall be stored at a location on the premises no closer to public rights-of-way, including but not limited to any street or alley, than the applicable structural setback line(s) set forth in the zoning ordinance of the City; and shall be visually screened from the adjacent streets, alleys and premises. Containers shall be placed for collection on the street side of the curb, or in the alley no sooner than five o'clock (5:00) A.M. on the scheduled day of collection and shall be returned from the collection location to the storage location no later than ten o'clock (10:00) P.M. on the scheduled day of collection.

(C) Misplacement Of Solid Waste Prohibited: It shall be unlawful for any person to throw, dump, place or deposit, or cause to be thrown, dumped, placed or deposited any solid waste upon the premises or property of another, with the intent to thereby dispose of such solid waste.

(D) Consented Misplacement Of Solid Waste Prohibited: It shall be unlawful for any person to consent to any other person dumping, placing, or depositing upon the premises of the person giving such consent, of any such solid waste with the intention that the same will thereby be discarded and disposed of.

(E) Recycling Program And Organics Pick Up Program: Notwithstanding any other provision of this chapter, it shall be appropriate, and mandatory, for any person to participate in either the Recycling Program or the separate Organics Pick Up facilitated by and through the City and the contract agent. The provisions of the programs shall be as follows:

1. The collection of dry recyclables shall be by a service schedule separate from those for the pickup of solid waste and organics;

2. The Recycling Program shall commence on July 1, 1992;

3. Individual and unusual problems presented by any customer shall be considered by the contract agent, including parking conflicts, with the provision of the service;

4. The Organics Pick Up Program shall commence on July 1, 2017.

(F) Administrative Citation: The City retains the right to issue citations and levy a fine, the amount of which is determined by resolution, or by this Code, against any person who fails to comply with any provision of this chapter, including but not limited to the following provisions:

1. It shall be unlawful for any person utilizing the Organics Pick Up Program, to fail to sort the organics from solid waste and dry recyclables, and unlawful to fail to put the organics in the separate container provided for such purpose by the contract agent;

2. It shall be unlawful for any person utilizing the Recycling Pick Up Program to fail to separate the dry recyclables from solid waste and organics, and it shall be unlawful to fail to use the container provided for such purpose by the contract agent;

3. Any waste generator that chooses not to participate in the Recycling Program shall provide, individually, for the recycling of his own dry recyclables by transporting them personally (or by his or her employee) to an authorized recycling station, selling them to a third party for a net payment to such waste generator, or by donating them to a youth, civic or charitable organization, but he shall not, in any event, discard into the City's waste stream what would have been dry recyclables, as if they were non-recyclable solid waste;

4. Except for the contract agent and its officers, agents and employees, it shall be unlawful for any person to pick up, collect, take, appropriate, or remove any solid waste, organics or dry recyclables from any container after it has been placed at the collection point by the customer or resident or placed into any receptacle maintained by any multi-family residence, apartment building, mobile home park, motel, hotel, assisted living facility, restaurant or other place of business, or industry within the City.

The above mentioned premises and property refers to that contained within the corporate limits of the City.

It shall be unlawful for any person to place, put, deposit or burn any solid waste, or cause the same to be placed, put, deposited or burned in or upon any public street, park, lane, place or alley in the City. (Ord. 2017-1, 6-19-2017)

(A) Solid Waste Transportation: No solid waste shall be removed and carried on and along the streets and alleys of the City, except by the City or its contractor. Solid waste shall be carried, conveyed or hauled in conveyances so constructed as to be dustproof and so arranged that it is impossible for the contents of such conveyances to sift through or fall upon the streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys or adjacent lands. All solid waste accumulated at any private lot or parcel of land, private residence or dwelling, or at any store, shop, restaurant, hotel, cafe, apartment house, tenement, boarding house, school, and at any other place in the City where solid waste accumulates, shall be removed by the City at regular intervals of not less than once a week unless otherwise directed by the City Manager or the City Manager's designee.

(B) City Manager Directs Removal: It shall be the duty of the contractor, when directed by the City Manager or the City Manager's designee, to immediately call at any premises in the City to which the contractor may be directed by the City Manager or the City Manager's designee, and where solid waste, organics, or dry recyclables are accumulated and there collect and remove such solid waste, organics, or dry recyclables in accordance with the provisions of this chapter.

(C) Organics Transportation: Under the Organics Pick Up Program, once the organics is placed at curbside or other collection point by a residential customer for collection under the provisions of this chapter or is placed into a bin or other container provided by the contract agent to any apartment building, mobile home park, motel, hotel, assisted living facility, restaurant, or other place of business or industry within the City, it shall be unlawful for any person other than the contract agent and its officers, agents and employees, to pick up, collect, take, appropriate, or remove any organics materials from any such container. If any person shall opt not to participate in the Organics Pick Up Program provided by and between the City and the contract agent, nothing shall prevent that individual from removing and carrying organics to a legally designated recycling station.

(D) Dry Recyclables Transportation: Under the Dry Recyclables Pick Up Program, once the dry recyclables are placed into a container at the curbside or other collection point by a residential customer, or have been placed into a bin or other container provided for that purpose by the contract agent to any apartment building, mobile home park, motel, hotel, assisted living facility, restaurant or other place of business or industry within the city, it shall be unlawful for any person other than the contract agent, its officers, agents and employees, to pick up, collect, take, appropriate or remove any dry recyclables from any such container. If any person shall choose to provide for recycling individually rather than participate in the recycling program provided by and between the city and the contract agent, nothing herein shall prevent any such person from removing and carrying such dry recyclables to a legally designated recycling station. (Ord. 2014-3, 3-3-2014)

For the service of collection and disposal of all solid waste, organics and dry recyclables as herein referred to, but not including dead animals, or refuse from the construction or demolition or alteration of buildings, the rates to be charged by the city, or any contractor to whom a contract is awarded for such purpose shall be established by resolution of the city council. (Ord. 2014-3, 3-3-2014)

Every truck used in the collection and removal of solid waste, organics, and/or dry recyclables, shall be kept well painted, and clean inside and out. The city reserves the right to require contractors to weigh, at public scales, all of its loaded trucks carrying refuse, solid waste, organics and/or dry recyclables, originating within the corporate limits for a period not exceeding ten (10) days in one year, at the city's expense. (Ord. 2014-3, 3-3-2014)

It shall be unlawful to deposit or bury any solid waste within the city limits; provided, however, that rubbish and waste matter may be made use of when leveled and properly covered, on written permission of the city manager or the city manager's designee for the filling of low lots within the city limits. (Ord. 2014-3, 3-3-2014)

Nothing contained in the provisions of this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the city manager or the city manager's designee or fire chief to constitute a health menace or a fire menace of such nature as necessary to be ordered by either of said officers to be promptly removed. (Ord. 320, 9-12-1938; amd. Ord. 92-4, 6-1-1992)

(A) The accumulation, collection, removal and disposal of solid waste, organics, and dry recyclables shall be controlled by the city for the protection of the public health, safety and welfare and to contribute toward the diminution of air pollution in the city. The city council finds that to give practical effect, a comprehensive system for the periodic collection, removal and disposal of solid waste, the recycling of dry recyclables, and the collection, removal, disposal and/or composting of organics, from all premises in the city is essential and benefits all occupants of premises in the city, and, therefore, all such occupants are made liable for the solid waste collection charges, the organics collection charges, and the dry recyclables collection charges established by the council for the collection and processing of organics and dry recyclables, and each occupant shall pay at least the minimum rate established for such services.

(B) Every person owning or occupying a residence or commercial establishment shall subscribe to solid waste collection service from the city or contract agent having a valid solid waste collection route permit and a service location permit for any such residence or commercial establishment.

(C) For residential properties, nonpayment of collection and/or disposal fees will result in an assessment in the amount of the unpaid fees, added to the property tax bill of the owner of the property.

(D) For commercial properties, the contract agent shall retain the right to pursue any and all remedies available against either the property owner or any lessee, whoever may be in possession of the premises.

(E) No person shall throw or deposit, or cause to be thrown or deposited, any solid waste matter in or upon any vacant lot, street, alley, gutter, highway, park or other public place or keep any residential solid waste except in the manner prescribed by this chapter.

(F) No person shall deposit solid waste in the container of another person, or set out solid waste for collection at another person's service location, except as may be established by the city manager or the city manager's designee where the city manager has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

(G) No customer shall permit or consent to another person depositing solid waste in his container or setting out solid waste for collection at his place or premises; except that this provision shall not apply where the city manager or the city manager's designee has established a temporary service location because the city manager has knowledge of construction, demolition or other temporary obstacles which prevent the use of or access to permanent service locations.

(H) No person shall burn solid waste in a home heating furnace, fireplace, or wood stove, excepting that nonplasticized wastepaper may be used for kindling of fires in wood burning appliances. (Ord. 2014-3, 3-3-2014)

The city manager or the city manager's designee shall have the power to establish rules and regulations not inconsistent with the provisions of this chapter, governing the collection and disposal of solid waste, organics, and dry recyclables, provided that such rules and regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and sanitary laws and regulations in effect in the city. (Ord. 2014-3, 3-3-2014)

The health department is hereby specifically required to enforce the provisions of this chapter, except sections 8-1-11 and of this chapter, and shall have the right to enter any and all premises for the purpose of determining the sanitary condition thereof, and any person denying or obstructing such entry shall be subject to the general penalty provided for in this code 1

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It shall be unlawful for any person in any manner to interfere with the collection or disposal of solid waste, organics or recyclables by any person authorized by license or contract to collect and dispose of the same. (Ord. 2014-3, 3-3-2014)

For the collection and disposal of solid waste or for the collection and disposal and/or composting of organics, and/or for the collection and recycling of dry recyclables, a contract for a period determined by the city council may be entered into by the city in accordance with and subject to the terms and conditions of the provisions of this chapter and the laws of the state. If the city elects to enter into separate contracts for different portions of the city, each of the aforementioned contracts may be separate, and whether by separate contract or by a single contract, may be held by one contract agent.

Any such contract shall provide that the contractor shall collect and dispose of the solid waste in the city, or collect and compost the organics in the city, or collect and recycle the dry recyclables in the city, in the manner in which this chapter provides, and shall not charge any amount in excess of the rates specified by the council under the authority granted to it in this chapter, subject to a discount, in an amount to be determined by the council, on solid waste and organics collection fees for seniors and disabled customers. The contractor shall be required to furnish a surety bond to the city in the sum of the value of the contract for one year or one hundred thousand dollars ($100,000.00), whichever is less, conditional upon the faithful performance of the contractor and the provisions of this chapter. The contractor shall have the sole and exclusive right, except as in this chapter otherwise provided, to collect all solid waste, organics and dry recyclables in the city (or in the portion of the city covered by its contract), and transport the same through the streets and public ways of the city.

Each contract shall further provide that the contractor shall be required to dispose of all such solid waste at the transfer station or disposal site selected by the contractor and approved by the city, or the recyclable materials and organics at the MRF or processing facility selected by the contractor.

Each such contract shall also require that the contractor carry comprehensive general liability insurance in an amount not less than five million dollars ($5,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage; automobile liability insurance in an amount not less than five million dollars ($5,000,000.00) combined single limit per accident for bodily injury and property damage; and workers' compensation and employers' liability insurance in amounts not less than: a) workers' compensation limits as required by the Labor Code of the state of California, and b) employers' liability limits of one million dollars ($1,000,000.00) per accident. Such insurance is to cover both the city and the contract agent.

The council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.

Each contract may be let to such responsible persons as the council may see fit, or be let on bids, and if let on bids, sealed bids shall be called for by the council and the contract awarded to the lowest responsible bidder. Each proposal or bid shall be accompanied by a certified check, payable to the city, in the sum of one thousand dollars ($1,000.00) which sum shall be forfeited to the city if the bidder to whom is awarded the contract shall fail or refuse to enter into the contract within ten (10) days after the date of mailing to the successful bidder the "notice of award of contract". The council reserves the right to reject any and all bids. (Ord. 2014-3, 3-3-2014)

The regulations set forth in this section shall apply to all development projects, as defined by this chapter, receiving building permits in the city after adoption of this section. All trash enclosures shall meet the following minimum standards:

(A) The enclosure shall be architecturally compatible with the structure it will be serving. All enclosures shall have a minimum of six foot (6') high solid masonry walls and solid metal gates. Gates for trash enclosures shall be secured with "cane bolts" and be attached to a six inch (6") diameter steel post placed outside of the trash enclosure. Gates shall not be secured to the walls of the enclosure. Enclosures shall meet or exceed all applicable criteria as may be set forth by state and federal laws.

(B) The minimum trash enclosure size shall be six (6) square feet per one thousand (1,000) square feet of gross floor area for commercial and industrial development projects. Residential development projects requiring a trash enclosure shall provide ten (10) square feet of trash enclosure space per unit in the development. The minimum size of all trash enclosures shall be one hundred (100) square feet not including any pedestrian accessways.

(C) A minimum of twenty five percent (25%) of the space in a trash enclosure shall be provided as a recycling area. The designated recycling area shall be protected from the weather and shall be posted with a sign which clearly identifies the area.

(D) All trash enclosures shall be placed so as to provide convenient access to the user. No trash enclosure shall be placed so as to create a potential safety hazard to traffic or pedestrians. No trash enclosure shall be placed in a required setback area when adjacent to residential uses or zoning. (Ord. 93-6, 10-4-1993)

The owner of every "multi-family residential unit" (defined as 2 or more single-family units on the same site receiving solid waste collection service), apartment building, or mobile home park shall procure from the contract agent and provide bins or other suitable containers on site for the collection of dry recyclables of the tenants, occupants or inhabitants of such multi-family residential unit, apartment building or mobile home park. Said bins or containers shall be reasonably available to tenants, occupants or inhabitants therein and to the contract agent for collection in accordance with the provisions of this chapter. (Ord. 2007-3, 3-19-2007)

"Commercial or shopping centers", defined as two (2) or more offices or wholesale or retail establishments or other businesses occupying a site with shared or contiguous private streets or parking lots which employ or perform services involving the cleaning of streets and parking lots within the center shall provide on site bins, containers or other receptacles provided by the contract agent as reasonably necessary and reasonably located for exclusive use of the street sweeping/parking area sweeping service to place the material collected by such street sweeping/parking area sweeping service and shall maintain such bin, container or receptacle separate from any bin, container or receptacle provided for the collection and disposal of solid waste, organics or recyclables generated by merchants or businesses within the center. (Ord. 2014-3, 3-3-2014)

All construction sites, licensed contractors and others engaged in construction or demolition work within the city where solid waste is produced and accumulates, shall procure from the contract agent, a container, bin, or receptacle and shall use such container, bin or receptacle provided by the contract agent for placement, holding and collection by the contract agent of all solid waste, recyclable materials and organics which is produced or accumulates on the site or on the premises between the times of successive collections. Notwithstanding the foregoing, a licensed contractor engaged in construction or demolition work within the city, or a property owner of property on which such demolition or construction is being performed may use any container, bin or receptacle which is owned by and the property of either such contractor or property owner for the placement and holding of all solid waste, recyclables and organics produced or accumulated on the site or premises, and may dispose of the same at any licensed transfer station or MRF. (Ord. 2014-3, 3-3-2014)

It shall be unlawful for any person to place, maintain, locate or to provide or make available for the use of any other person or persons any portable restroom on any public or private property within the city unless the portable restroom or restrooms have either been procured from and provided for by the contract agent, or are owned by and the property of the property owner of real property at which such restroom or restrooms is placed, maintained or located, or by a licensed contractor performing demolition or construction work at such location. Every person, commercial, wholesale or retail establishment or other business and all construction sites, licensed contractors and others engaged in construction or demolition work within the city who is required to or does place, locate, maintain or who provides or makes available for the use of any other person or persons a portable restroom or restrooms within the city shall either procure such restroom or restrooms from the contract agent and shall use such portable restroom or restrooms provided by the contract agent for the holding of waste for collection, delivery to or service by the contract agent; or, such restroom or restrooms shall be owned by and/or the property of the licensed contractor performing such construction or demolition work within the city or the property owner of the property or premises upon which such work is being conducted. (Ord. 2011-4, 10-17-2011)

Violation of this chapter shall be punishable pursuant to provision of title I, chapter 4 of this code. (Ord. 2014-3, 3-3-2014)