Tehachapi Municipal Code Ch. 8.04 Garbage and Rubbish

A. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

1. "City" means the city of Tehachapi, Kern County, California.

2. "City agent" means any person or corporation, or the employees or agents thereof, with whom the city may contract for the collection and/or disposal of garbage, rubbish, and other refuse.

3. "Curbline" means the line coincident with the face of the street curb adjacent to the roadway.

4. "Garbage" means and includes all animal and vegetable refuse from kitchens, and all household waste that shall have been prepared for or intended to be used as food, or that shall have resulted from the preparation of food; and all animal refuse and decayed or unsound fruit and vegetable matter from any place whatsoever.

5. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

6. "Refuse" means and includes any or all types of rubbish, refuse, garbage or waste material defined in this section.

7. "Rubbish" means trimmings from lawns, trees, plants or flower gardens; boxes, waste, wood, paper, straw, hay, packing materials, leaves, leather, rubber, clothing, carpets, bedding, feathers, bottles, glass, crockery, stone, brick, ashes, metal cans, wire, metals, and all refuse or waste matter of every description whatever, excepting garbage.

B. The enumeration of substances in this chapter shall not be deemed exclusive, the classification of sub-stances not named herein to be determined by their character.

(Ord. 343 § 1, 1968)

(Ord. No. 25-05-783, § 14, 10-20-2025)

A. There is created the office of superintendent of refuse disposal, who shall be appointed by and serve at the pleasure of the city council and shall receive such salary, if any, as may be fixed by the city council.

B. The city council may appoint such deputies to the superintendent of refuse disposal as it sees fit, who shall serve at the pleasure of and receive such salary, if any, as may be fixed by the city council.

C. It shall be the duty of the superintendent of refuse disposal and his deputies, if any, to administer and enforce the provisions of this chapter.

(Ord. 343 § 12, 1968)

A. The city, in order to more effectually promote and protect the public health and safety, and to reduce the danger of hazards of fire and conflagration, reserves unto itself or its designated city agent the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse produced or found within the corporate limits of the city.

B. It is declared unlawful for any person to collect, transport, or dispose of any refuse within the city except the following persons:

1. Any employee of the city who acts within the scope of his employment;

2. The builder of any structure, or the agent thereof, when acting to remove refuse resulting from construction work;

3. A person engaged in the business of gardening or landscaping, when removing or disposing of garden trimmings incident to such business;

4. Any person licensed by the city to remove and dispose of specific refuse.

(Ord. 95-02-626 § 1(a)(part), 1995; Ord. 343 § 2, 1968)

The city council may select and enter into a contract with a qualified person engaged in the business of collecting, transporting and disposing of refuse, and such person selected shall be known as the "city agent," pursuant to this chapter. Until a city agent is selected and a contract is executed therewith, the city shall collect, transport and dispose of refuse within the corporate limits of the city.

(Ord. 343 § 3, 1968)

The city or city agent shall not be required to remove refuse from the premises of any person who is in violation of any part of this chapter; provided, that whenever refuse is not collected, the city or city agent shall firmly attach to the container of such person a tag, at least two and one-eighth inches by five and three-quarters inches in size, upon which he shall indicate the reason for his refusal to collect such refuse, with reference to the provisions of city ordinance or rules and regulations which form the basis for his refusal.

(Ord. 343 § 4, 1968)

This chapter shall not be construed to prevent the feeding of garbage to poultry or animals, in proper amounts for immediate consumption by such poultry or animals, and in such manner that the garbage so fed shall not accumulate.

(Ord. 343 § 11, 1968)

It is unlawful for any person to deposit, keep or accumulate or permit or cause to be deposited or to remain on any premises in the city any refuse except in receptacles as provided in Section 8.04.090 of this chapter. Any accumulation of refuse located outside of the receptacles or relocated from the receptacle to the open premises of any property by any animal or person shall be the responsibility of the owner or tenant of the property associate with the receptacle of origin or originator of the refuse to correct immediately. If the subject property is not owned by the party responsible for the refuse located outside the receptacles (responsible party) as mentioned above, the responsible party shall get permission from the property owner to enter the property and clean up the refuse.

(Ord. 95-02-626 § 1(c)(part), 1995: Ord. 343 § 9, 1968)

(Ord. No. 25-05-783, § 15, 10-20-2025)

Highly flammable, explosive and/or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be collected and removed under the supervision of the fire department, at the expense of the owner or possessor of the material.

(Ord. 343 § 5, 1968)

Every person in possession, charge or control of any premises within the city which accumulates refuse shall provide or cause to be provided at all times a receptacle or receptacles of the size and type prescribed by resolution of the city council adequate to contain the amount of refuse accumulated on the premises during the intervals between collections. Additionally, every person in possession, charge or control of any commercial premises or multi-family dwelling subject to California Public Resources Code Sections 42649.8—42649.86, otherwise described as Assembly Bill 1826 (Chesbro, 2014), as it may be amended from time to time, must divert their organic waste in accordance with the law. All refuse receptacles shall be kept closed. No person shall maintain an open or uncovered refuse receptacle, or maintain it in such condition that flies or animals may obtain access to the refuse. The only times when any receptacle is permitted to be uncovered or opened are for the deposit of refuse into the receptacle by the property owner or tenant of the property associated with the receptacle, or the collection of the refuse by the city agent.

(Ord. 95-02-626 § 1(c)(part), 1995: Ord. 343 § 6, 1968)

(Ord. No. 19-01-748, § 1, 1-7-2019; Ord. No. 25-05-783, § 16, 10-20-2025)

It shall be the duty of every person required in this chapter to provide or cause to be provided receptacles for rubbish and garbage, to keep such receptacles in a convenient place, easily accessible to the person or persons charged with the collection and removal of rubbish and garbage in the city. Each such receptacle serving premises abutting on a public alley shall be kept not farther than three feet from such alley on collection days. Where no alley exists, the receptacle or containers shall be placed at the curbline on collection days. On days which are not collection days, rubbish and garbage receptacles shall be stored at a location not within the front setback, and shall not be stored on a public street, sidewalk, or alley.

(Ord. 95-02-626 § 1(b)(part), 1995; Ord. 343 § 8, 1968)

(Ord. No. 25-05-783, § 17, 10-20-2025)

All applicants who are not owners of the real property for which refuse service is requested shall make the deposit described in Section 13.04.030(A) of this Code at the time of application to the extent such deposit has not already been made. All such deposits shall be collected, maintained, used and repaid in the manner described in Section 13.04.030, which section is incorporated herein by this reference.

(Ord. 95-02-626 §§ 1(b)(part), 1(c)(part), 1995: Ord. 353 § 1, 1969: Ord. 343 § 13(g), 1968)

The rates to be charged for the collection of refuse pursuant to this chapter and any amendments thereto may hereafter be established by resolution of the city council.

(Ord. 95-02-626 § 1(b)(part), 1995; Ord. 353 § 2, 1969: Ord. 343 § 13(h), 1968)

All money due for the refuse collection service shall be billed in a utility bill which shall include the charges for water and sewer services. The utility bill shall be due and payable upon presentation. If the utility bill is not paid by the date described on the bill, a penalty of ten percent of the amount of the utility bill shall be added. If the bill has not been paid together with any penalties assessed within an additional fifteen days, then, after ten days' notice to the consumer, the water service may be disconnected.

(Ord. 95-02-626 §§ 1(b)(part), 1(c)(part), 1995: Ord. 343 § 13(d), 1968)

A. Any person or persons owning or controlling an unoccupied boardinghouse, restaurant, hotel, apartment, eating house, dwelling house, flat, school or business house may request, in writing, for the discontinuance of refuse collection pursuant to this chapter. Billing for discontinued service will be based on each calendar month, and any portion of a month in which the service is utilized will be considered a full month for billing purposes.

B. Upon occupancy of any boardinghouse, restaurant, hotel, apartment, eating house, dwelling house, flat, school or business house for which the service has been discontinued, the person or persons owning or controlling the same shall notify, in writing, the city clerk, so that proper billing may begin. Failure to notify the city clerk will subject the owner or owners to the penalties as set forth in Section 8.04.160 of this chapter.

(Ord. 95-02-626 § 1(b)(part), 1995; Ord. 343 § 13(f), 1968)

It is unlawful for any person to dump, deposit, place or bury garbage in any hole or excavation within the city.

(Ord. 95-02-626 § 1(b)(part), 1995; Ord. 343 § 10, 1968)

Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Every day upon which violation of this chapter exists or continues shall constitute a separate offense.

(Ord. 95-02-626 §§ 1(b)(part), 1(c)(part), 1995: Ord. 343 § 14, 1968)