Soledad Municipal Code Ch. 13.04 Collection and Disposal

For the purposes of this chapter the following words and phrases shall have the meanings ascribed to them by this section:

A. "At the curb" means located adjacent to the premises to be served, positioned as near to the curb or shoulder of the roadway as possible so as not to obstruct the traveled way of vehicles or obstruct pedestrian traffic on the sidewalk, and not in a gutter, street or highway.

B. "Bundled" means tied securely in a bundle not exceeding four feet in length, three feet in width or diameter, and weighing not more than fifty pounds.

C. "Can" or "receptacle" means a watertight metal or plastic garbage can or container with a tight-fitting lid, or a sealed bag made of heavy plastic, which has a capacity of thirty-two gallons or less and which, when full, weighs no more than seventy-five pounds; provided, that receptacles for commercial or industrial establishments may be of such specifications as meet with the approval of the city official assigned to supervise the work of garbage collection and disposal, or of the contractor if the work is being done under contract with the city.

D. "Garbage" means all putrescible or easily decomposable animal or vegetable matter, including all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, fruits or vegetables.

E. "Garden refuse" means trimmings from lawns, shrubs, trees, and flower and vegetable gardens.

F. "Premises" means any dwelling, place of residence, roominghouse, hotel, motel, apartment, court, trailer camp, labor camp, club, restaurant, tavern, bar, boardinghouse, eating place, shop and place of business, or any other housing accommodation, building, grounds or location, where garbage or rubbish is or may be produced or accumulated, including all sidewalk, curb, gutter and street and alley areas adjacent thereto.

G. "Rubbish" means all articles, objects and materials not defined as garbage but which are rejected by the owners or producers thereof as useless. Without limiting the generality of the preceding sentence, the definition includes crockery, bottles, appliances, paper or plastic bags, aluminum or tin cans, metal or plastic vessels or containers, wooden boxes or containers, paper or plastic packaging materials, paper or plastic packing or insulating materials, rags, paper, plastic, straw, sawdust, ashes, metals and boards.

(Prior code § 26-1)

It is unlawful for any person to place, deposit, keep or bury any garbage or rubbish on, in or under any premises in the city except in cans or receptacles as provided in this chapter. It is unlawful for any person to deposit any garbage in any city sewer or plumbing fixture or pipe connected thereto, except through a mechanical device which shreds and grinds garbage.

(Prior code § 26-2)

It is the duty of every occupant or person in possession, charge or control of any premises, and every other person having garbage or rubbish in the city, to provide or cause to be provided, and at all times to keep or cause to be kept in sanitary condition, suitable and sufficient cans or receptacles (as those terms are defined in this chapter) adequate to contain, without leakage or odors, the amount of garbage and rubbish ordinarily accumulated at such place during the interval of collection made under the provisions of this chapter.

(Prior code § 26-3)

Garden refuse and similar waste materials (other than grass clippings, leaves and twigs) shall be securely tied in bundles not more than four feet in length, or three feet in width, weighing not more than fifty pounds. Grass clippings, leaves and twigs shall be stored in securely tied plastic bags or in cardboard boxes or similar receptacles secured tightly with tape or twine.

(Prior code § 26-4)

Garbage and rubbish cans and receptacles, and garden refuse bags and containers, shall be placed at the curb in front of the premises where their contents were produced or accumulated. In no event shall any such items be placed in any gutter, street or highway.

Garbage and rubbish cans and receptacles and approved commercial dumpsters and carts shall be placed at the curb in the manner, and at the time, required by the contractor. Such placement shall not be made prior to twenty-four hours before pick-up time, and shall be removed from the curb within twenty-four hours after pick-up to an appropriate location away from any public street.

(Ord. 587 § 2, 2001: Prior code § 26-5)

All persons occupying multiple dwellings must plainly mark their cans or receptacles, other than bags, so that their ownership will be known.

(Prior code § 26-6)

It is unlawful for the occupant or person in possession, charge or control of any premises to allow the accumulation of any garbage or rubbish in, on or under any premises at any time which is, or may become, a menace to health and sanitation or a fire hazard. It is unlawful for the occupant or person in possession, charge or control of any premises ever to suffer, permit or allow any garbage or rubbish to remain in, on, or under such premises for a period in excess of seven days.

(Prior code § 26-7)

A. Garbage. No garbage shall be burned in the open air within the city.

B. Rubbish and Garden Refuse. No rubbish or garden refuse shall be burned in, on or under any business, commercial or industrial establishment or premises, nor upon any street, gutter, alley or highway within the city. No rubbish or garden refuse shall be burned anywhere within the city which causes or creates dense or offensive smoke or odor, or which is a menace to health or a fire hazard.

(Prior code § 26-8)

Except as specifically otherwise provided in this section, it is unlawful for any person to collect or remove, or cause or permit to be collected or removed, any garbage, rubbish or garden refuse within the city, or to transport or cause the same to be transported on or along any public street or alley or other public place in the city; provided, however, that the provisions of this section do not apply to any person in the employ of the city who is specifically assigned to such work, nor to any person with whom the city has contracted for the collection and disposal of garbage, rubbish and garden refuse, nor to the employees of any such contractor; provided further, that the provisions of this section do not preclude the removal and disposal of rubbish or garden refuse from premises by the occupant or person in possession, charge or control thereof.

(Prior code § 26-9)

A. It shall be unlawful for any person, other than the city or its authorized franchisee, to remove or take any items left for collection, including but not limited to recyclable materials, placed in containers for collection.

B. Violation of the provisions of this section shall constitute a misdemeanor, punishable by imprisonment in the county jail for a term not to exceed six months, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense. Notwithstanding the foregoing, city shall retain the discretion to prosecute violations of this chapter as infractions.

(Ord. 626 § 2, 2006)

All occupied premises within the city shall have garbage and rubbish service as provided by this chapter. Garbage and rubbish shall be removed from all such premises not less often than once every seven days.

(Prior code § 26-10)

The city manager or a person designated by him to represent the city shall have the right to visit all premises within the city from time to time and examine the sanitary condition of the premises to determine whether the provisions of this chapter are complied with. Upon notification by the city manager or by the designated city representative, all persons, including the contractor, shall comply with the provisions of this chapter.

(Prior code § 26-11)

It is unlawful for any person in any manner to interfere with the collection, removal or disposal of garbage or rubbish by the city, or by a contractor working under contract with the city.

(Prior code § 26-12)

The city council may, by resolution, make such regulations as it deems necessary concerning garbage, rubbish and garden refuse, including their collection and charges for that collection, not inconsistent with this chapter, but in no case shall collection services less often than once every seven days be permitted. The time for collections shall be between the hours of six a.m. and six p.m. in the residential district and before ten a.m. in the business district.

(Prior code § 26-13)

A. Garbage. If garbage service is provided by a contractor, the contractor shall remove garbage or carry it through the streets of the city only in vehicles having a metallic or metal-lined bed, with proper covers, to protect against the garbage being offensive. The garbage must be protected from the wind and rain and be loaded in such a manner that none of it drops or spills upon the ground. Such conveyance shall be so constructed as to be absolutely dustproof and so arranged as not to permit dust or other matter to sift through or fall upon streets, alleys, or adjacent property. Such vehicles must comply with all health and sanitary laws of the city and of the state.

B. Rubbish. It is unlawful for any rubbish or garden refuse to be removed and carried on or along the streets and alleys of the city unless it is carried, conveyed or hauled in a conveyance so constructed as to prevent dust or other matter from sifting through or falling upon the streets, alleys and adjacent lands. The contents of such conveyance must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands.

(Prior code § 26-14)

The city may contract for the collection and disposal of garbage, rubbish and garden refuse for a period of not to exceed ten years, subject to the provisions of this chapter. A notice calling for sealed proposals therefor shall be published once in a newspaper of general circulation published in the city at least ten days prior to the date fixed for opening bids. A contract shall be awarded to the responsible bidder who bids therefor the lowest rate to the people of the city and the highest consideration to the city. The city council may reject any and all bids and to readvertise for bids or negotiate a contract for such work. Such contract shall:

A. Contain a schedule of monthly rates in accordance with the rates stated in the bid;

B. Provide that the contractor shall collect and dispose of garbage, rubbish and garden refuse in the city in the manner prescribed by this chapter; that, except as otherwise specifically provided in Section 13.04.100, the contractor has the sole and exclusive right to collect garbage, rubbish and garden refuse in the city and to transport the same through the public ways and streets of the city;

C. Provide that the contractor is required to dispose of all such garbage, rubbish and refuse so collected at such disposal sites outside the city as the contractor may arrange for;

D. Require that the contractor procure, for the term of the contract, worker's compensation insurance in accordance with the provisions of the Labor Code of the state;

E. Require the contractor to indemnify and hold harmless the city, its officers, employees and servants, from liability for loss or damage to the person or property of any person from any cause, arising out of the contractor's operations under the contract; require the contractor to obtain public liability and property damage insurance protecting the contractor and the city, its officers, employees and servants, against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, or on account of damage to any property, resulting directly or indirectly from the contractor's operations under the contract, with limits not less than one million dollars for bodily injury nor less than fifty thousand dollars for property damage; and require that the contractor furnish to the city a certificate of insurance evidencing such coverage, which shall provide that the insurance coverage shall not be cancelled or amended by the insurer without at least thirty days' prior written notice to the city.

(Prior code § 26-15)

It is unlawful for any person to place or deposit any garbage, rubbish, garden refuse, dead animals, offensive animal or vegetable matter, or waste materials of any kind upon the surface of the ground on any premises, or in any building, or in any public street or alley or public place, within the city. It is unlawful for any person having control thereof to permit any of the materials mentioned in this section to remain in places wherein placing or depositing of the same is prohibited by this section. Violation of the provisions of this section is declared to be an infraction.

(Prior code § 26-16)