Tehama County Municipal Code Art. I General Provisions

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

A. "Bin" shall mean a metal container, designed for mechanical emptying.

B. "Disposal area" shall mean any site, location, or tract of land, area, building, structure, transfer box, transfer station, or premises permitted by law to be used for refuse disposal.

C. "Farm" or "ranch" shall mean property that is devoted entirely to commercial agricultural purposes, including the feeding and raising of livestock for dairying or for poultry raising.

D. "Garbage" shall mean all putrescible wastes and all animal or vegetable refuse or residue that shall result from the preparation or care for, or treatment of, foodstuffs intended to be used as food, or shall have resulted from the preparation or handling of food for human consumption, or any decayed or unsound meat, fish, fruit or vegetable.

E. "Litter" shall mean garbage, waste and refuse as defined herein and shall include anything described as no longer useful.

F. "Local enforcement agency" shall mean the Tehama County health department.

G. "Refuse" shall mean all types of putrescible or nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as paper, cardboard, garbage, grass clippings, tree or shrub trimmings, wood bedding, crockery, rubber tires, construction waste, and similar waste materials, except sewage and industrial wastes.

H. "Refuse collector" shall mean the person who is engaged in the collection and transportation of refuse in any part of the unincorporated area of the county.

I. "Refuse disposal director" shall mean the county engineer or his designated agent.

J. "Transfer station" shall mean the location at which refuse is placed in containers for transfer to the disposal site.

K. "Truck" shall mean any truck, trailer, or semitrailer, conveyance or vehicle used to collect refuse or to haul or transport refuse upon or along public highways.

L. "Waste" shall mean nonputrescible wastes such as unusable, unwanted or discarded material and debris resulting from normal community or business activities or materials which by their presence may injuriously affect the health, safety and comfort of persons or depreciate property values in the vicinity thereof.

(Ord. 946 § 1, 1979: Ord. 809 § 1, 1977: Ord. 630 § 1(part), 1973)

A. No person shall throw or deposit, or cause to be thrown or deposited, any garbage, waste or refuse, or allow any accumulation of same to remain, in or upon any public rightofway, watercourse, or banks of watercourses, or upon any premises whatsoever except at an approved disposal area.

B. All refuse hauled by any person, over any road in the county shall be securely tied and covered during the hauling thereof, so as to prevent leakage, spillage or blowing. No person shall allow refuse of any kind whatsoever to leak, spill, blow or drop from any vehicle on any road.

(Ord. 630 § 1(part), 1973)

A. It shall be unlawful to burn garbage or refuse containing garbage or to burn any other materials of a type that create an offensive odor.

B. The burning of refuse, other than garbage and other than offensive odorproducing materials, may be done only upon compliance with rules and regulations adopted by the Tehama County Air Pollution Control District.

(Ord. 630 § 1(part), 1973)

There shall be no dumping of refuse on private or public property other than as provided by this chapter, except by special permission of the board.

(Ord. 630 § 1(part), 1973)

A. As used in this section, "solid waste" shall have the meaning set forth in Health and Safety Code Section 40191.

B. The board of supervisors finds and declares that the public health, safety, and welfare require the regulation of the collection, transportation, processing, and disposal of solid waste within the unincorporated areas of the county.

C. Pursuant to the authority granted by Public Resources Code Section 40059 and Article XI, section 7 of the California Constitution, the board of supervisors may determine whether services for the collection, transportation, processing, and disposal of solid waste in the unincorporated area of the County of Tehama are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of the board, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. Any exclusive franchise granted by the County of Tehama in force upon the effective date of the ordinance enacting this section is hereby ratified and confirmed and declared to be in compliance with this section.

D. It shall be unlawful for any person, firm, corporation, or association to collect, transport, process, or dispose of solid waste through the use of bags, cans, carts, bins, roll-off containers, dumpsters, debris boxes, or similar receptacles, or through the use of compactors, portable compactors, or similar devices, within the unincorporated area of the County of Tehama unless that person, firm, corporation, or association holds a valid franchise or permit for such activity granted by the county, or is exempted from this provision under subsection E. of this section,

E. Subsection D. of this section shall not apply to the following persons:

1. Authorized employees of the county acting within the course and scope of their employment.

2. The owner or occupant of any premises may remove solid waste generated or accumulated upon that premises and transport such waste to an approved disposal area. Such owner or occupant may not lease, sub-contract, or in any way pay any other person any compensation for collection, transportation, or disposal services for such solid waste.

3. Gardeners and landscapers may lawfully collect, transport, compost, or dispose of yard waste which is incidental to their primarily work as a landscaper or gardener.

F. Recyclable materials that are not discarded and are sold for value by the owner thereof are not "solid waste" for purposes of this section, provided that such recyclable materials are segregated from and not mixed with any solid waste whatsoever. The seller may not pay the buyer any consideration for collecting, processing, or transporting such recyclable materials, or as a consulting fee for recycling services, or as a "bin rental" or other consideration for real or personal property used in such collection, transportation, or processing. A discount or reduction in price for collection, disposal, and/or recycling services for any form of unsegregated or segregated solid waste is not a sale of recyclable materials for purposes of this section.

G. 1.

Violation of any provision of this section is a misdemeanor punishable by fines of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Each incident of collection, transportation, processing, or disposal shall be a separate offense. The conviction and punishment of any person shall not relieve such person from the responsibility of ceasing the conduct prohibited by this section.

2. Any violation of this section may be redressed, enjoined, and abated by civil action through the office of the county counsel.

3. The holder of any valid franchise, contract, license, permit, or other entitlement granted by the county may bring an action to enforce the provisions of this section in a court of competent jurisdiction, provided that nothing herein shall be construed to authorize an action against the County of Tehama its officers or employees.

4. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing contained in this chapter shall be deemed to bar any other legal, equitable, or summary remedy to which the county or the holder of any valid franchise, contract, license, permit, or other entitlement granted by the county may be entitled.

(Ord. No. 1930, § 1, 12-1-2009)

The county shall provide disposal sites for the disposal of garbage, waste and refuse collected from within the county. The board by resolution may establish regulations governing use of the disposal area and changes regarding the schedule of fees to be paid by persons using the disposal area.

(Ord. 630 § 1(part), 1973)

Refuse from outside the county shall not be accepted at county disposal areas except by express order of the board of supervisors.

(Ord. 687 § 1, 1975)

A. Permission for disposal sites, sanitary fills or mechanical disposers may be granted to cities, sanitary districts or other divisions of government.

B. Any such operation shall fully comply in all respects with the requirements of this chapter as it relates to disposal sites.

(Ord. 630 § 1(part), 1973)

In lieu of mechanical disposals, the sanitary land fill method of disposal shall be used at all county operated sites by means of either the "fill and cover" or "cut and cover" type of operation, in which the dumped material is compacted and completely enclosed with a tight earth cover at the end of each day's operation in order to eliminate odors and prevent fires, rodent and insect infestation. Such tight earth cover shall consist of at least one foot of clear dirt placed over the open face of the disposal site in use, in order to form complete cells.

(Ord. 630 § 1(part), 1973)

No person shall loiter about the premises of any public sanitary fill or county disposal area located within the unincorporated territory of the county, to prowl through, search, sort, sift, or examine the contents and deposits made of debris or other deposits whatsoever; to remove from such public sanitary fill or county disposal area any matter or thing deposited therein.

(Ord. 630 § 1(part), 1973)

Nothing contained in Section 9.04.090 shall be construed to prevent the board of supervisors or the refuse disposal director from authorizing or contracting for the removal of any such debris or rubbish or other matter from such sanitary fills or disposal areas belonging to or operated or controlled by the county.

(Ord. 946 § 2, 1979: Ord. 809 § 2, 1977: Ord. 630 § 1(part), 1973)

All garbage, waste and refuse, upon being removed from the premises where produced or accumulated shall be the property of the refuse collector, or owner, until the material is delivered to a county disposal area, then shall forthwith become the property of the county upon dumping the same therein.

(Ord. 630 § 1(part), 1973)

No person shall throw or deposit litter on any private property within the county except as provided in Section 9.04.150, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Ord. 630 § 1(part), 1973)

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Ord. 630 § 1(part), 1973)

No person shall throw or deposit litter on any open or vacant private property within the county whether owned by such person or not.

(Ord. 630 § 1 (part), 1973)

A. Notice to Remove. The local enforcement agency is authorized and empowered to notify the owner of any private property within the county or the agent of such owner or occupant to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to such owner at his last known address.

B. Action Upon Noncompliance. Upon the failure, neglect or refusal of an owner or agent or occupant so notified to properly dispose of litter dangerous to public health, safety or welfare within five days after receipt of written notice provided for in subsection A of this section, or within seven days after the date of such notice in the event the same is returned to the local enforcement agency because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, or occupant, the refuse department is authorized and empowered to pay for the disposing of such litter or to order its disposal by the county.

C. Charge to be Collected. When the county has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of seven percent per year from the date of the completion of the work, if not paid by such owner or occupant prior thereto, shall be charged to the owner, or occupant of such property and such charge shall be due and payable by the owner at the time of presentation.

(Ord. 946 § 3, 1979: Ord. 809 § 3, 1977: Ord. 630 § 1(part), 1973)

The county will pay a reward of one hundred fifty dollars to any person who gives information which leads to the arrest and conviction of any person for a violation of section 374b of the State Penal Code.

(Ord. 630 § 1(part), 1973)

A. Any person who claims a reward pursuant to Section 9.04.160 shall file a claim in writing with the county auditor in which he shall state the title of the court, the name of the parties, and the number of the case in which a person was convicted of a violation of section 374b of the State Penal Code, and a statement of the information which he gave which led to the arrest and conviction of such person, and shall designate the location in the unincorporated territory of the county where the violation occurred or was committed.

B. The auditor also may require an appropriate certificate from the district attorney or other prosecuting attorney to the effect that the information given by the claimant led to the arrest and conviction of such person.

C. No law enforcement officer shall be eligible for any reward under this chapter for any information or services rendered by him within the scope of his duties.

(Ord. 630 § 1(part), 1973)

A. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, the local enforcement agency is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the local enforcement agency by this chapter or by the codes adopted by reference hereby or other applicable law; provided, that if such property be occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor. If such property is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the local enforcement agency shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

B. Notwithstanding the foregoing, if the local enforcement agency has reasonable cause to believe that there is an accumulation of waste or garbage, or both, or other unsanitary conditions prohibited by this chapter, on the premises which could be seriously detrimental to the public health or safety, he shall have the right to immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, he shall first present proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection. No person shall fail or refuse, after proper demand has been made upon him as provided in this subsection, to promptly permit the local enforcement agency to make any inspection provided for by this section.

(Ord. 946 § 4, 1979: Ord. 809 § 4, 1977: Ord. 630 § 1(part), 1973)*

* Editor's Note: Ordinance 946 has two sections numbered "4."