Sierra Madre Municipal Code Ch. 8.12 Garbage and Refuse Collection and Disposal

A. In 1992, the Sierra Madre city council adopted Chapter 8.12 regulating garbage and refuse collection and disposal.

B. The city prosecutor recommended that Chapter 8.12 be updated and amended to include regulations addressing the use of waste haulers not contracted by the city to collect waste in the city, and to include regulations regarding the collection and removal of waste as it relates to commercial and industrial land uses in the city.

C. The proposed amendments to Chapter 8.12 will further the public health, safety and general welfare relative to garbage and refuse removal in the city.

D. The proposed amendments to Chapter 8.12 are consistent with the general plan's goals, objectives and policies.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

For the purposes of this chapter, words and phrases should be construed as follows, unless it is apparent from the context that a different meaning is intended:

"Contractor" means any person, firm, business, corporation or other entity meeting all the requirements of this chapter and who has entered into a current and valid contract with the city pursuant to this chapter for the collection of refuse, garbage, green waste, recyclables and inert materials.

"Employee" means any person engaged in the operation or conduct of any garbage, waste and refuse as a contractor as that term is defined in this section whether as owner, a member of that owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in such business.

"Food, plant waste" means garbage from places of business resulting from the manufacture of food or drink to be consumed elsewhere than on the premises.

"Garbage" means and includes all animal and vegetable refuse from kitchen and household waste that has been prepared for or intended to be used as, or has resulted from the preparation of, food or table refuse, and every accumulation of animal and vegetable refuse that attends the preparation, consumption, decay, dealings in or storage of meats, fish, fruits or vegetables, except suet, tallow, bones or meat trimmings, that are not rejected by the owner or producer thereof as worthless or useless.

"Green waste" means and includes all plant material suitable for processing and used as alternate daily cover in landfill operations. Green waste shall include, but not be limited to grass cuttings, leaf litter, tree branches and cuttings, shrubbery cuttings, and weeds.

"Health officer" means the health officer of the city or his/her duly authorized deputy or representative. The health officer of the city shall be that person or persons performing the duty of the health officer of the city pursuant to a contractual arrangement by the city with the county of Los Angeles for health services so long as such a contract is in effect.

"Inert materials" means and include those materials generated from grading or demolition which are not subject to decomposition or decay. Inert materials shall include rock, gravel, concrete, dirt, soil, brick and asphalt pavement.

"Place" or "premises" means all sites of real property upon which garbage, waste or refuse is produced or accumulates.

"Recyclables" or "recyclable materials" means and includes those materials which can be processed and reused. Recyclables shall include, but is not limited to: clean paper, plastic, glass and aluminum. Recyclables shall also include those portions of the waste stream from building demolition and construction which can be reused or processed for reuse.

"Refuse" means waste, refuse, trash, rubbish, offal, whether combustible or noncombustible, and shall include "garbage" as that term is defined in this section.

"Residential householder" means any person holding, occupying or residing in, or living upon, improved residential property in the city.

"Street" means any public or private street or way.

"Truck" means any truck, trailer, semitrailer, conveyance or vehicle used to collect, hold or transport garbage, waste and refuse upon and along the streets, roads and highways of the city.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

It is unlawful for any person, firm, business or corporation, other than the city itself, or a contractor to engage in any of the following acts:

A. Gathering, collecting or removing garbage, waste or refuse from any residential, commercial or industrial property within the city;

B. Providing, placing, or delivering to residential, commercial or industrial premises in the city, any collection bins or receptacles requiring delivery to the site by a separate collection vehicle, including, but not limited to, drag-on compactors, roll-off containers, or similar bins and containers;

C. Placing any waste collection bins, containers or receptacles of any kind upon any portion of any public property, including, but not limited to, streets, highways, sidewalks and alleys.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No provision of this chapter shall prevent a residential householder from collecting and disposing of occasional loads of garbage, waste or refuse generated in or on his/her residential premises, or from composting green waste, or from selling or disposing of recyclables generated in or on his/her residential premises. This exclusion applies to, and may be invoked as a defense by, residential householders only, and is subject to the following limitations:

A. No residential householder shall employ or engage any waste collection enterprise, other than a contractor, to gather, collect, haul, or transport such materials, or to provide collection bins or receptacles for such purpose whether on the residential premises or upon private property.

B. Providing, placing or delivering to residential premises in the city, any collection bins or receptacles requiring delivery to the site by a separate collection vehicle, including but not limited to, drag-on compactors, roll-off containers and similar bins and containers.

C. Placing any waste collection bins, containers or receptacles of any kind upon any portion of public property, including but not limited to, streets, highways, sidewalks, and alleys.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No provision of this chapter shall prevent a commercial property owner or business, or an industrial property owner or business from collecting and composting green waste, or from selling or disposing of recyclables generated in or on his/her premises. This exclusion is subject to the following limitations:

A. Businesses engaged in composting operations shall provide to the department of public works an annual report estimating the amount of material in tons diverted from landfill disposal through composting. This report shall be provided in conjunction with the business license renewal.

B. Businesses engaged in the sale of recyclable materials shall provide to the department of public works an annual report estimating the amount of material in tons diverted from landfill disposal through composting. This report shall be provided in conjunction with the business license renewal.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No provisions of this chapter shall prevent a gardener, tree trimmer, or person engaged in a similar trade from collecting or disposing of grass cuttings, tree prunings, or similar material not containing garbage or other types of refuse, when incidental to providing such gardening, tree trimming or similar services. However, no such gardener, tree trimmer, or person engaged in a similar trade shall employ any waste collection enterprise, other than the contractor, to provide any roll-off collection bins or receptacles, whether on residential premises or upon public property.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

A. No provision of this chapter shall prevent a licensed construction contractor having a permit for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items or construction and demolition waste salvaged from such demolition or reconstruction. No provision of this chapter shall prevent a licensed construction contractor from causing such waste or salvageable items or construction and demolition waste to be removed from the premises on which such waste or salvageable items are generated, pursuant to the provisions of the demolition or construction contract, provided that such collection, removal, and disposal activity shall only be by the licensed construction contractor having the contract for the demolition or construction work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel on the licensed construction contractor's payroll records as an employee, utilizing bins or transportation equipment owned by the licensed contractor.

B. Any construction contractor utilizing this exclusion shall be subject to the requirements of Chapter 8.13 of the Sierra Madre Municipal Code.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

A. It is declared the intention of the city to provide for the collection and removal of garbage and refuse within the city in accordance with the regulations and provisions of this chapter and the rules, regulations and provisions of any resolution of the city adopted pursuant to this chapter, and in accordance with the conditions and terms of any contract entered into between the city and the contractor pursuant to this chapter.

B. In the event of such a contract, the contractor shall provide for the collection and removal of garbage from all residential premises as provided therein.

C. In the event of such a contract, the contractor shall provide for the collection and removal of refuse, whether combustible or noncombustible, from all residential premises at least once each week.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person, firm or corporation shall gather, collect or remove, or cause or engage others to gather, collect or remove, any garbage, waste, refuse or recyclables from any premises in the city, nor convey the same upon or along any public street of the city without first having obtained a permit so to do. Prior to issuing such a permit, the city manager shall cause an investigation of the hauler and his/her equipment to be made. The city manager may require, as a condition of the issuance of such a permit, that the applicant substantially conform to the provisions regarding safety of equipment and insurance as contained in this chapter and in city specifications.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The contractor shall collect and remove from all residential, commercial and industrial premises all garbage and refuse which is contained in a receptacle of the type required by this chapter; provided, that the contractor shall also collect and remove from all such premises refuse which by this chapter need not be placed in a receptacle.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person shall place or cause to be placed any garbage or refuse receptacle on any sidewalk, street, road, highway or alley at any place or in any manner other than as provided in this chapter. No person shall place or cause to be placed any garbage or refuse receptacle on any sidewalk, street, road, highway or alley, at any time other than on the days established for the collection of garbage or refuse on the particular route or before four p.m. on the day immediately prior to such collection, or permit such receptacle to remain thereat for more than twelve hours after it has been emptied. Any such receptacle placed for collection along a street shall be placed between the curb line or edge of the roadway as practicable. Any such receptacle placed for collection in an alley shall be placed as close to the property as practicable.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person occupying, using or in charge of any residential, commercial or industrial premises shall set out or cause to be set out for collection during any week garbage or refuse for collection other than garbage or refuse originating on the premises.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The city manager shall supervise the collection and removal of garbage and refuse by the contractor as follows:

A. Routes and Times of Collection. The city manager, within the terms and conditions of this chapter and any contract entered pursuant to this chapter, shall establish the days, routes and hours for the collection of garbage and refuse, which may be changed from time to time. When such routes, days and hours are established or changed, the city manager shall give notice thereof or cause the contractor to give notice thereof as he/she may deem advisable.

B. Cases of Practical Difficulty. In cases where the city manager finds that practical difficulties exist in complying with the requirements of this chapter as to the placement of garbage or refuse for collection by the contractor, he/she shall designate where such garbage or refuse shall be placed or kept for collection by the contractor and the condition under which it shall be collected.

C. Rules. The city manager shall make such rules not inconsistent with the provisions of this chapter or the contract or contracts between the city and a contractor or contractors, as may be necessary, reasonable and proper to effect the expedient, economical and efficient collection and removal of garbage or refuse by the contractor.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

Receptacles used at residential, commercial and industrial premises shall be of such a size, shape and weight when filled that they may be readily lifted for emptying into the trucks of the contractor. Such receptacles shall be free of all rough or jagged surfaces which shall likely cause injury to persons or equipment lifting them. The weight of the contents of each residential refuse receptacle shall not exceed two hundred pounds. Receptacles used on commercial and industrial premises shall conform to the foregoing limitations if bins provided by the contractor are not utilized.

A. Garbage. Every person having charge of or control of any residential premises in the city where garbage accumulates shall place and keep garbage in a fly-tight and leak-proof receptacle.

B. Refuse. Every person having charge or control of any residential premises where refuse accumulates, shall place the refuse in a receptacle of adequate construction to bear the weight of its contents, except that tree or shrubbery trimmings need not be placed in a receptacle if properly bundled.

C. Bins. Every person using a bin provided by the contractor shall keep the lids closed, except when placing material within such containers.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person shall cause or permit the following:

A. The collection or accumulation of garbage, unless placed in a receptacle as provided in this chapter for disposal thereof by a contractor or for disposal thereof through automatic disposal units as provided for in this chapter or by some other means approved by the city manager;

B. The collection of combustible rubbish to accumulate at any place or premises under a person's charge or control for a period in excess of one calendar week, excluding combustible rubbish of salvageable value;

C. The collection of refuse, other than combustible rubbish, to accumulate at any place or premises under a person's charge or control for a period in excess of one calendar month;

D. The burning of garbage.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

Every person occupying or having charge of or control of any place or premises where there is any accumulation of garbage, shall cause such garbage to be disposed of through automatic units, or lawfully removed or disposed of at least once each calendar week.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The accumulation of garbage or refuse by any person beyond the periods specified in Section 8.12.130 of this chapter or in a manner other than as specified in this chapter is declared a nuisance pursuant to Section 38771 of the California Government Code. The city council shall provide for the summary abatement of the nuisance at the expense of the person or persons creating, causing or maintaining such nuisance, as follows:

A. If the health officer makes a report to the city manager that a person at a specific address in the city is maintaining a nuisance as defined in this chapter, the city manager shall within five days, notify the person, in writing, of the fact that he/she is conducting a nuisance as defined in this chapter and require him/her within ten days to abate or cause the nuisance to be abated within legal means as provided for in this chapter.

B. Upon the expiration of the ten-day period, if the person has not removed or caused to be abated the nuisance, the city manager shall have the power and authority to authorize the contractor to enter the premises of the person and move and abate the nuisance and charge the city for the cost of the removal and abatement of the nuisance.

C. If the person should continue to allow garbage of refuse to accumulate for periods beyond those specified in this chapter, the city manager shall have the power to order the contractor to continue to enter the premises and remove and abate the nuisance, charging the city for the cost thereof.

D. The charge or cost of removal of the abatement of the nuisance by the city shall constitute a lien against the property occupied by the person maintaining the nuisance and a personal obligation against the owner of the property pursuant to Section 38773 of the California Government Code.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The body of all trucks, trailers or other vehicles transporting refuse along any public road, street or highway in the city shall have a minimum covering of a clean tarpaulin, which shall be securely placed over the entire load and tied down when the vehicle is being used to transport its contents to the place of disposal.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

In addition to the requirements of Section 8.12.160, all trucks and equipment of the contractor used in the city shall be maintained at all times in good mechanical condition and in a neat and clean appearance. The trucks' sides and covers shall be so constructed, used and maintained that garbage or refuse will not blow, fall or dislodge out of the truck into the streets of the city at any time.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The contractor shall carry on each truck a broom and such other equipment necessary to clean and pick up any debris of any sort deposited upon the streets, roads, highways, sidewalks or private property by reason of the activity of the contractor within the city. The contractor shall clean, pick up, haul away and dispose of any debris left or deposited upon the streets, roads, highways, sidewalks or private property within the city by reason of the activities of the contractor.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

The contractor shall return all receptacles in an upright position to the approximate location where found by the contractor and without any unnecessary wear, tear or damage to the receptacles.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

All trucks and equipment shall be cleaned and washed at least once a week or when necessary in the discretion of the health officer.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No refuse or garbage truck shall be operated in the city by any person, unless the owner thereof has filed the following information in writing with the city manager:

A. Make, year, description and license number of all trucks used in the city;

B. Number of trash and refuse trucks used in the city;

C. Number of garbage trucks, if any, used in the city;

D. Routes by streets to be followed in the city;

E. Days and approximate hours for service on each route in the city.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

All rights and privileges of the contractor are granted pursuant to this chapter and conditioned on the contractor's having on file with the city clerk at all times during the term of the contract a valid, unexpired bond or bonds, approved by the city attorney, in cash or corporate surety, in favor of the city as follows:

A. The bond or bonds in the amount of twenty-five thousand dollars conditioned upon the contractor's faithful performance and compliance with the provisions of this chapter, the terms of any resolution adopted pursuant to this chapter, and conditioned upon the contractor's compliance with all laws, statutes, ordinances and regulations relating to the collection and disposal of garbage and refuse.

B. The bond or bonds shall be in favor of the city and shall not extend to the right of recovery against the sureties by third persons. The bond shall not be void upon first recovery, but may be sued and recovered upon from time to time by the city until the whole principal sum is exhausted. The bond may contain a provision giving the sureties the option to cancel the bond upon first giving notice in writing not less than thirty days before the effective date of the cancellation to the city manager, provided, that such cancellation shall not impair the right of the city to reimbursement for correction of the contractor's work or for failure of the contractor to perform the contract, or comply with the provisions of this chapter or the terms of any resolution adopted pursuant to this chapter, which corrections or violations occurred before or after the effective date of the cancellation of the bond.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person shall operate a refuse or garbage truck within the city, unless at the time such truck is being operated within the city there is on file with the city manager a valid, unexpired public liability and property damage insurance policy, naming the city as an additional insured in the amounts of five hundred thousand dollars for death or injury to any one person, arising out of any one accident, and five hundred thousand dollars for injury to or death of more than one person, arising out of any one accident, and one hundred thousand dollars for property damage, arising out of any one accident. The policy shall be in a form approved by the city attorney.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

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 follows:

A. In the event of a substantial failure of performance on the part of the contractor under this chapter affecting the public health and welfare, or the wilful violation of any of the terms and provisions of this chapter or the contract or resolution adopted under this chapter, and following a report concerning the foregoing from the health officer and/or the director of public works, the city council shall hold a public hearing on whether the contract and all rights and privileges of the contractor thereunder should be revoked and the bond or bonds of the contractor forfeited.

B. Notice of the public hearing shall be given to the contractor at least ten days before the date of the public hearing and shall set forth the charges of the health officer and/or the director of public works, the time and place of the public hearing and the reason(s) for the public hearing. If the city council, 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 and welfare or a wilful violation of this chapter or of any provisions of the contract or resolution made pursuant to this chapter, it may revoke the contract and order that the contractor forfeit its bond or bonds. The decision of the city council in this matter shall be final.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

No person shall pay, nor shall any contractor charge, more than the rate specified for garbage and refuse collection or disposal, as such rate is set forth in the contract between the city and the contractor.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

If the contract for refuse hauling service so provides, the city may collect the monthly fee for refuse collection service. In determining the service charge for this service, the city may add an appropriate service charge for administration of the rubbish hauling program and billing service.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)

If any provision, section, paragraph, sentence or word of this chapter, or the application thereof to any person or circumstance, is rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter, and the application of such to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect.

(Ord. 1213 § 1 (Exh. 1 (part)), 2004)