Siskiyou County Municipal Code Ch. 1 Garbage and Refuse Disposal

The provisions of this chapter shall apply to all territory embraced within the unincorporated limits of the County.

(§ 1, Ord. 385, eff. March 28, 1963)

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

Sec. 5-1.021. "Garbage" shall mean and include all classes of kitchen and table refuse, house refuse, and every accumulation of animal or vegetable matter that attends the preparation, consumption, decay, dealing in, or storage of meats, fish, fowl, fruit, vegetables, and other noxious and unwholesome substances of every kind and nature.

Sec. 5-1.022. "Refuse" shall mean and include broken crockery, broken or discarded bottles, broken glass, tin vessels, tin containers, tin cans, pasteBoard boxes, berry, fruit, and other boxes or containers, barrels and containers, paper, rags, straw, feathers, sawdust packing materials, shavings, noncombustible waste, ashes, cinders, discarded wearing apparel, trimmings from lawns and gardens, and any and all other matter and materials which cannot be defined as garbage but which are rejected, abandoned, and discarded by the owners or producers thereof, except as otherwise provided in this chapter.

Sec. 5-1.023. "Disposal area" shall mean an area of land within the County which has been set apart for, and is used exclusively as, a place where garbage and refuse may be and are dumped and deposited.

Sec. 5-1.024. "Health Officer" shall mean the Health Officer of the County.

Sec. 5-1.025. "Planning Commission" shall mean the Planning Commission of the County.

Sec. 5-1.026. "Person" shall mean and include any individual, firm, copartnership, joint venture, association, club, social club, fraternal organization, corporation, estate, receiver, syndicate, municipality, district, or political subdivision, or any other group or combination acting as a unit.

Sec. 5-1.027. "Fire Warden" shall mean the Fire Warden of the County.

Sec. 5-1.028. "Sheriff" shall mean the Sheriff-Coroner of the County.

Sec. 5-1.029. "Drop box disposal unit" shall mean a portable box used exclusively as a container where certain types of garbage and refuse may be and are dumped and deposited.

Sec. 5-1.0292. "Director of Public Works" shall mean the Director of the Department of Public Works of the County.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969, § 1, Ord. 563, eff. April 13, 1972, and § I, Ord. 611, eff. December 13, 1973)

Sec. 5-1.031. No disposal area shall be established within the County by any person until the location and size thereof shall be approved in writing by the Board upon the recommendations of the Health Officer and the Planning Commission.

Sec. 5-1.032. It shall be unlawful for any person to establish or maintain or dump garbage and refuse at any area which has not been approved as a disposal area.

Sec. 5-1.033. A list of all disposal areas within the County designated and approved by the Board, together with a brief description of each area's location and a copy of the Board's letter of approval of the disposal area, shall at all times be kept on file in the office of the County Clerk and shall be open to public inspection.

Sec. 5-1.034. Every disposal area established or maintained by the County which has been approved by the Board shall be conspicuously marked by the Director of Public Works with signs which shall read substantially as follows: "Siskiyou County Garbage and Refuse Disposal Area".

Sec. 5-1.035. Any unapproved disposal area brought to the attention of the Director of Public Works by the Health Officer, the Sheriff, or any other person shall be closed immediately and caused to be cleaned by the Director of Public Works, who shall then erect a sign which shall read substantially as follows: "No Dumping. Violators Will Be Prosecuted. Siskiyou County Code, Title 5, Chapter 1".

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 482, eff. May 13, 1969, § 1, Ord. 488, eff. September 18, 1969, and § II, Ord. 611, eff. December 13, 1973)

Set. 5-1.041. The Director of Public Works shall be responsible for the maintenance of all County maintained disposal areas and for the access leading thereto.

Sec. 5-1.042. All disposal areas in the County shall be kept in such a sanitary condition as will not create a nuisance or health hazard. Any disposal area maintained in the County shall be subject to inspection by the Health Officer at all times and failure to correct any insanitary condition or any condition which is creating a nuisance or health hazard within five (5) days after notice of the existence of the condition, given by the Health Officer, shall be a violation of the provisions of this chapter.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969, and § II, Ord. 611, eff. December 13, 1973)

Sec. 5-1.051. Garbage or refuse from restaurants, hotels, stores, factories, hatcheries, commercial and industrial establishments, or from any source, other than from private homes, may be dumped only at such County maintained disposal areas as may be designated by the Health Officer.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969)

Sec. 5-1.061. No person shall dump, abandon, or discard poison grain or poison material at any County, maintained disposal area.

Sec. 5-1.062. All waste, including that acceptable for disposal, salvage and recycling, shall be dumped only in designated disposal areas.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969, and § I, Ord. 99-12, eff. July 6, 1999)

Sec. 5-1.071. No person shall remove garbage or refuse from any County maintained disposal area without the written consent of the Board, in which event the Board may require such person to pay money to, or render services to, the County for the privilege of removing such garbage or refuse.

Sec. 5-1.072. It shall be unlawful for any person unauthorized by the Director of Public Works to set fire to the contents of any County maintained disposal area or to discharge any firearm on, at, into, or within such disposal area.

Sec. 5-1.073. Any person who uses or enters any County maintained disposal area for any purpose shall do so at his own risk, with the County, and any official or employee thereof, assuming no responsibility for damages or injuries to persons or property resulting therefrom.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969, and § II, Ord. 611, eff. December 13, 1973)

Sec. 5-1.081. It shall be unlawful for any person to throw, scatter, or permit or allow any garbage or refuse to collect or be thrown or scattered in or upon any of the parks, streets, roads, avenues, ways, streams, or alleys within the County, whether public or private, or in or upon any public place in the County outside a regularly designated and approved disposal area.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969)

Sec. 5-1.091. No person shall engage in or conduct any garbage collection or disposal business outside any incorporated area within the County without first having applied for and obtained a valid permit or license therefor and paying the required fees.

Sec. 5-1.092. The License Collector or Tax Collector-Treasurer shall, for good cause, issue a license to any person satisfying the Health Officer that such person is properly equipped and able to conduct a garbage collection or disposal business in an efficient and sanitary manner. The Collector shall charge therefor and collect the sum of Twenty-Five and no/100ths ($25.00) Dollars per year, payable in advance.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969)

Sec. 5-1.101. The Board hereby reserves the authority and right to establish, by resolution, a schedule of fees and hours for dumping garbage and refuse at any disposal area maintained by the County.

Sec. 5-1.102. Nothing contained in this chapter shall be construed to prevent the feeding of garbage to animals or poultry provided such feeding is done in a manner consistent with existing laws, that all garbage so fed is consumed, and that such feeding does not create a nuisance or health hazard.

Sec. 5-1.103. It shall be unlawful for any person to tear down, mutilate, deface, or destroy any sign, signBoard, or other notice of no dumping, wherever posted by the County, or any sign, signBoard, or other notice posted at any disposal area or upon any access road thereto.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969)

Sec. 5-1.111. Any responsibility for enforcing the provisions of this chapter not specifically delegated to the Health Officer, Director of Public Works, or other person shall be delegated to the Sheriff, peace officers, and Deputy State Fire Wardens, and all the aforementioned individuals, or their duly authorized representatives, shall have the power and authority to enter upon all premises, whether public or private, within the County, at and during reasonable hours for the purpose of inspecting such premises and determining whether or not the provisions of this chapter are being obeyed.

The Department of Public Works is authorized to adopt rules and regulations governing the operation and maintenance of County disposal areas. Any rules or regulations so adopted must be approved by the Board of Supervisors. A copy of such rules and regulations will be posted or otherwise made available at each County-maintained disposal area. In addition, a copy of the rules and regulations will be made available for public inspection at the Department of Public Works.

(§ 1, Ord. 385, eff. March 28, 1963, as amended by § 1, Ord. 488, eff. September 18, 1969, and § II, Ord. 611, eff. December 13, 1973, and § II, Ord. 99-12, eff. July 6, 1999)

Every disposal area established or maintained by a municipality and which has been approved by the Board shall, by the municipality, be conspicuously marked with signs which shall read substantially as follows: "_______ City Garbage and Refuse Disposal Area".

(§ 1, Ord. 490, eff. January 8, 1970)

The City Council of any municipality which shall have established or which shall maintain a disposal area which has been approved by the Board shall have the authority and right to establish, by resolution, the schedule of fees for dumping garbage and refuse at any such disposal area maintained by that municipality.

(§ 1, Ord. 490, eff. January 8, 1970)

No person shall dump, abandon, or discard poisoned grain or poisoned material, offal, swill, dead or live animals, fish, fowl, birds, or parts of dead animals, fish, fowl, or birds at any disposal area maintained by a municipality.

No automobile bodies, or parts thereof, machinery, refrigerators, iceboxes, stoves, tree stumps, or rubble from concrete curbs, gutters, sidewalks, or razed buildings shall be dumped at any disposal area maintained by a municipality except in designated areas of such disposal area.

(§ 1, Ord. 490, eff. January 8, 1970)

No person shall remove garbage or refuse from any disposal area maintained by a municipality without the written consent of the City Council of the municipality, in which event such City Council may require such person to pay money to, or render services to, the municipality for the privilege of removing such garbage or refuse.

It shall be unlawful for any person unauthorized by the municipal officer or employee thereunto authorized by the City Council of such municipality to set fire to the contents of any disposal area maintained by such municipality or to discharge any firearm on, at, into or within such disposal area.

Any person who uses or enters any disposal area maintained by a municipality for any purpose shall do so at his own risk, with the municipality, and any official or employee thereof, assuming no responsibility for damage or injury to persons or property resulting therefrom.

(§ 1, Ord. 490, eff. January 8, 1970)

It shall be unlawful for any person to tear down, mutilate, deface, or destroy any sign, signBoard, or other notice of no dumping, wherever posted by a municipality within any disposal area by it maintained, or access road thereto by it maintained, or any sign, signBoard, or other notice posted at any such disposal area or upon any such access road thereto.

(§ 1, Ord. 490, eff. January 8, 1970)

Any responsibility for enforcing the provisions of Sections 5-1.12 through 5-1.16 of this chapter not specifically provided for by Section 5-1.11 of this chapter shall be delegated to the Chief of Police of the municipality maintaining the disposal area, as well as any other officer or employee of such municipality thereunto authorized by such municipality, and all the aforementioned individuals, or their duly authorized representatives, shall have the power and authority to enter upon all portions of any disposal area maintained by such municipality and any access road thereto for the purpose of inspecting such disposal area and access road and determining whether or not the provisions of this chapter are being obeyed.

(§ 1, Ord. 490, eff. January 8, 1970)

Any municipality which maintains a disposal area outside its corporate limits may, by resolution of the City Council, elect that the provisions of Sections 5-1.12 through 5-1.17 of this chapter shall not apply to any disposal area by it maintained and to any access road thereto, but such election shall not in any event diminish or affect the operation therein of other parts of this chapter.

(§ 1, Ord. 490, eff. January 8, 1970)

The use of solid waste disposal sites situated in the County by nonresidents of the State shall be prohibited, save and except that use by such nonresidents shall be permitted only when such nonresident is passing through the State and not intending to use the site on a continuous or repeated basis.

Nonresidents may use such solid waste disposal sites if a contractual arrangement is made between the County and the County or state of residence of the nonresident user, which agreement shall provide for a reasonable contribution to the cost of maintaining and operating the solid waste disposal site proposed to be used.

It is not the intent of the Board, in adopting the provisions of this section, to infringe upon the constitutional rights of the citizens of the several states but is intended solely to provide a system which will equitably distribute the cost of operating solid waste disposal sites.

(§ I, Ord. 631, eff. October 10, 1974)

The provisions of Sections 5-1.21 through 5-1.23 of this chapter relate to the prohibited disposition of certain articles in drop box disposal units.

(§ 1, Ord. 563, eff. April 13, 1972)

No person shall dump, abandon, or discard poisoned grain or poisoned material, offal or swill, dead or alive animals, fish, fowl, or birds, or parts of dead animals, fish, fowl, or birds in any County maintained drop box disposal unit.

(§ 1, Ord. 563, eff. April 13, 1972)

No automobile bodies or parts thereof, machinery, refrigerators, stoves, brush, tree stumps, tree trimmings, or rubble from concrete curbs, gutters, sidewalks, or razed buildings shall be dumped in any County maintained drop box disposal unit.

(§ 1, Ord. 563, eff. April 13, 1972)

No commercial, industrial, or agricultural refuse shall be dumped in any County maintained drop box disposal unit.

(§ 1, Ord. 563, eff. April 13, 1972)

Disposal areas for commercial, industrial, and agricultural refuse, automobile bodies, machinery, stoves, refrigerators, tree stumps, tree clippings, brush, and rubble from concrete curbs, gutters, sidewalks, and razed buildings shall be approved by the Board.

(§ 1, Ord. 563, eff. April 13, 1972)

(§ I, Ord. 86-11, eff. April 25, 1986, as amended by § I, Ord. 89-16, eff. June 8, 1989, and § 1, Urgency Ord. 89-27, eff. July 25, 1989, repealed by § 1, Ord. 08-15, eff. September 5, 2008)

The Board finds and declares that the public health, safety, and welfare require the regulation of the collection, transportation, handling, and removal of garbage or refuse within the unincorporated areas of the County. The Board further finds that appropriate regulation will attempt to ensure that all citizens of the County will have available a means of reasonably adequate garbage or refuse service. The Board further finds and declares that these goals may be achieved through a variety of methods, including, but not limited to, County contracts, permits, licenses, franchises, or other entitlements for exclusive services, in addition to other methods which may be determined to be reasonable and proper.

(§ I, Urgency Ord. 86-29, eff. August 4, 1986)

The Board shall determine whether the public health, safety, and welfare are best served by providing garbage or refuse service by contract, license, franchise, entitlement, or otherwise, either with or without competitive bidding. The Board may also determine that the public health, safety, and welfare are best served by providing exclusive contracts for garbage or refuse services in appropriate areas of the County. The Board may specify the frequency of collection, the means of collection, transportation, handling, and removal, the level of services, charges, and fees, and the nature, location, and extent of such services.

(§ II, Urgency Ord. 86-29, eff. August 4, 1986)

Unless there is in force a permit, license, franchise, other entitlement, or otherwise granted by the County to any person, firm, corporation, or association, or there is a contract entered into by the County with any person, firm, corporation, or association for the collection, transportation, handling, or removal of garbage or refuse, it shall be unlawful for any person, firm, corporation, or association to collect, transport, handle, or remove garbage or refuse within the jurisdiction of the County, except that any person, firm, corporation, or association may haul his or its own garbage or refuse or garbage or refuse generated by themselves and shall not be required to have an entitlement from the County in order to do so.

At such time and as long as the County itself is engaged in the collection of garbage or refuse, it shall be unlawful for any person, firm, corporation, or association to collect, transport, handle, or remove garbage or refuse unless such contract or entitlement has been executed or granted by the County.

The provisions of this section are not intended to preclude any person, firm, corporation, or association from engaging in the collection, transportation, handling, or removal of garbage or refuse unless and until the County announces by resolution published once in a newspaper of general circulation printed and published in the County that an entitlement for the collection, transportation, handling, or removal of garbage or refuse has been granted or that the County has in effect a contract providing for such collection, transportation, handling, or removal, or unless the County announces that it is itself engaged in the collection, transportation, handling, or removal of garbage or refuse.

(§ III, Urgency Ord. 86-29, eff. August 4, 1986)

A violation of any provision of this chapter shall be a misdemeanor. Nothing contained in this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the County may be entitled.

All remedies provided shall be cumulative and not exclusive. The conviction and punishment of any person shall not relieve such person from the responsibility of ceasing the conduct prohibited by this chapter.

(§ IV, Urgency Ord. 86-29, eff. August 4, 1986)

Tires may be disposed of at County transfer stations upon payment of the following fees to the transfer station operator or the operator's designee. No tires over 24.5 inches in diameter shall be accepted.

(§ I, Urgency Ord. 88-15, eff. June 14, 1988, as amended by § I, Ord. 91-43, eff. January 11, 1992, and § II, Ord. 08-15, eff. September 5, 2008)

(Ord. No. 18-08, § I, 9-4-2018; Ord. No. 22-18, § I, 11-1-2022)

(§ I, Urgency Ord. 88-15, eff. June 14, 1988, as amended by § I, Ord. 91-43, eff. January 11, 1992; repealed by § III, Ord. 08-15, eff. September 5, 2008)

The following fees shall be charged for collection of refuse in the Tenant Area:

Can Service (Monthly)

Extra Charge

Container Service (Monthly)

(§ I, Ord. 94-11, eff. May 26, 1994)

(§ I, Ord. 90-33, eff. January 11, 1991 as amended by § I, Ord. 93-20, eff. May 25, 1993; repealed by § I, Ord. 96-01, eff. February 22, 1996)