Ventura Municipal Code Ch. 6.100 Trades 3

3 Cross reference(s): Building and construction regulations, Title 12.

A. Definitions. For the purpose of this section, the word “laborer” shall be construed to mean every person in the service of a contractor or subcontractor under any appointment, or contract of hire or apprenticeship, express or implied, oral or written, including minors, whether lawfully or unlawfully employed, and who are working under the direction of a superintendent or foreman. “Bona fide resident” as used in this section shall be construed to mean any person who shall actually have been domiciled within the city or the metropolitan area immediately adjoining the city for a period of 90 days continuously during the year next preceding the date of the person’s engagement to perform labor upon public works, and who, in addition to such actual residing within the city or the metropolitan area thereof, can establish to the satisfaction of the engineer that the person intends to remain and reside within the said city or the metropolitan area thereof and that the person be a duly registered and qualified elector of the city or the metropolitan area thereof.

B. Preference to Local Labor. Every contractor performing work within the city at the expense of the city, or to be paid for out of public moneys deposited in the treasury, or both, whether such work is done directly by or under a contract duly awarded or indirectly by or under a subcontract, partnership, day labor, station work, piece work, or under any other arrangement whatsoever, must give preference to bona fide residents of the city as follows:

1. Adequate Local Supply. Wherever a sufficient number of bona fide resident laborers having the proper skill and qualifications are available to perform labor under any such contract as mentioned herein, then, and in that case the contractor shall employ only such bona fide resident laborers.

2. Partially Adequate Local Supply. Wherever a sufficient number of bona fide resident laborers having the proper skill and qualifications are not available to perform such contract, the contractor shall first employ such bona fide resident laborers as are available and thereafter the contractor may employ such additional laborers as may be necessary to perform such contract from bona fide resident laborers of the county of Ventura.

3. Inadequate Local Supply. Whenever any contractor, having exhausted the laborers mentioned in subsections (B)(2) and (B)(3) of this section, requires additional laborers to perform such contract, then and then only shall the contractor be permitted to employ such additional laborers without regard to their place of residence.

C. Affidavit Compliance. It shall be lawful for, and it shall be the duty of the council and/or every board, department, commission or other public body of the city, before making final settlement with any contractor for performing public work under any contract hereafter entered into to which the city is a party and under which the costs are paid by the city, to require said contractor to file a duly acknowledged affidavit with the council and/or such board, department, commission or other public body of the city, setting out:

1. The number of laborers the contractor employed;

2. The number of laborers resident of the city the contractor employed;

3. The number of laborers resident to the county of Ventura the contractor employed;

4. The number of laborers resident without the city and the county of Ventura the contractor employed.

In case said employer has employed any laborers who are not residents of the city, the employer shall also include in such affidavit a complete statement of the reasons therefor. No final settlement shall be made with any contractor until such affidavit is filed in accordance with this section.

1. False Affidavit. The filing of a false affidavit as referred to in subsection C of this section shall be unlawful.

2. Failure to Comply. The failure or refusal of any contractor, subcontractor or employer on any public works, as mentioned herein, to comply with the provision of this section shall be unlawful.

3. Separate Offense. Every person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person. (Code 1971, § 2231)

The term “contractor” is synonymous with the term “builder” and, within the meaning of this section, a contractor is any person, except an owner, who contracts for a project with a licensed contractor or contractors or a licensed architect or a registered civil engineer acting solely in their professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to or does themselves, or by, or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. (Code 1971, § 2232)

A. Unlawful to Register Without License. It is unlawful for any person to engage in the business or act in the capacity of a “rubbish collector” within the city without having a business license certificate therefor as herein provided.

B. Definitions.

“Garbage” shall include and mean all kitchen and table refuse, and every accumulation of animal or vegetable matter that attends or results from the preparation, dealing in or handling of foodstuffs.

“Rubbish” shall include and mean all wastepaper, fiber, rags, leavings, ashes, lawn trimmings, tree and shrubbery trimmings, leaves, debris and all worthless, useless, unused, rejected and cast-off matter produced by and as the result of human habitation and the transaction of business within the city, except dead animals and garbage.

“Rubbish collector” shall include and mean any person, and/or the person’s employees, whom the city of San Buenaventura shall have duly issued a permit to collect, transport and dispose of any rubbish produced within said city.

C. Application and Special License. Each applicant for a rubbish collector’s license shall submit to the license collector a verified application stating the general nature of the business in which the applicant intends to engage. If such business comes within the purview of this section, the license collector shall, upon the payment of the fee hereinafter provided for, and upon presenting the certificate of the city engineer as to the sufficiency of the vehicles and the containers proposed to be used for the transportation of rubbish, shall issue the business license certificate required by this section.

D. Place of Business. The business license certificate required by this section shall be issued by the license collector to those applicants only who have a fixed place of business in the city or adjacent thereto, and shall be nontransferable.

E. Transportation. All rubbish shall be transported in leakproof containers or in leakproof vehicle bodies or compartments. All such containers, bodies and compartments must be so constructed that none of said rubbish shall sift through or fall out upon any street, lane, alley, or driveway. Such vehicles shall be so protected with covers as to prevent the contents from being dropped or blown from said vehicles.

F. Hours of Pick-Up. All rubbish originating in Fire Zone No. 1 of the city (downtown business district – see Section 14.10.010 for definition) must be collected and transported during the hours from 5:30 a.m. to 10:30 a.m. on each week day, excepting Saturday. No rubbish shall be collected or transported on Sundays or legal holidays in Fire Zone No. 1.

G. Enforcement. The city engineer is hereby required to enforce the provisions of this section, and the engineer shall have the right to inspect the containers, vehicle bodies and compartments used by any collector to transport and dispose of rubbish in said city and to issue a permit to such collector for the use of such container, vehicle body or compartment for the transportation and disposal of rubbish. (Code 1971, § 2234)

A. All rubbish, as the term is defined in Section 6.100.030(B), must be disposed of at a public dump located in the city of Ventura, as designated by the council.

B. No person shall deposit any rubbish upon or in any public street, or in or upon any public or private premises, except as said premises shall have been designated a public dump by the city council. (Code 1971, § 2235)

A. Compliance With Rules and Regulations. Any person who desires to deposit combustible or noncombustible rubbish for themselves and/or for others at any of the public dumps in the city of San Buenaventura may do so only if the person shall comply with all of the rules and regulations adopted for that particular public dump.

B. Rules and Regulations.

1. The operator of each public dump may with the approval of the city council establish rules and regulations for the operation of such dump.

2. No public dump shall be open for the depositing of rubbish except between the hours of 8:00 a.m. and 6:00 p.m. daily, unless otherwise posted.

3. When signs are in place in each public dump giving notice of the rules and regulations as adopted for the operation of that dump, no person shall deposit rubbish or otherwise use said dump facilities contrary to the regulations and provisions of such signs. (Code 1971, § 2236)