Weed Municipal Code Ch. 8.08 Garbage

For the purposes of this chapter the following words and phrases, when used in this chapter, shall have the following meanings:

A. "Construction and demolition debris" means used or discarded materials removed from premises during demolition, construction, repair or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any property, building, pavement, or other structure and such other materials as may be removed during the normal cleanup process of such construction, renovation, repair or demolition operations.

B. "Garbage" consists of dead animal of not more than twenty pounds weight each, and of every accumulation of animal, vegetable and other matter that attends or results from the preparation, consumption, decay or dealing in, or storage of, meats, fish, fowl, birds, fruits or vegetables, or other food products. "Garbage" also includes manure.

C. "Rubbish" consists of woods, leaves, branches, shrub trimmings, chips, shavings, woodenware, printed matter, paper, grass, cloth, straw, hay, leather, felt, plastic and all other combustible matter not included in the definition of garbage.

D. "Scavenger" means any person holding a permit from the city to engage in the occupation of collecting and disposing of garbage, rubbish and waste matter in the city in consideration of the payment to him of the charges for scavenger service, as provided in Section 8.08.170.

E. "Self-hauler" means a generator who hauls garbage, rubbish, waste matter, organic waste, construction and demolition debris, recyclable materials, or other solid waste he or she has generated to another person, provided such hauling is undertaken through the use of the self-hauler's own equipment and/or employees. Self-hauler includes a person who back-hauls waste, or as otherwise defined in section 18982(a)(66) of Title 14 of the California Code of Regulations. "Back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in section 18982(a)(66)(A) of Title 14 of the California Code of Regulations. Self-hauling does not include the contracting or subcontracting of hauling services with any third party, including, but not limited to, any solid waste enterprise that is not franchised to perform any variety of solid waste handling services within the city.

F. "Waste matter" consists of bottles, cans, crockery, screenwire, china, glass, glassware, ashes, cinders, shells and all other noncombustible material.

(Ord. 23-61 §§ 1, 7, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It is unlawful for any person in the city to accumulate, remove or dispose of garbage, rubbish or waste matter, as defined in this chapter, except in accordance with the provisions of this chapter.

(Ord. 23-61 § 6, 1961).

A. It is unlawful for a tenant, lessee or occupant of a private or other dwelling house or building, or mobile home or duplex, or the keeper of a hotel, motel, restaurant, eating house, boardinghouse or other building where meals or food are furnished, or the owner of a furnished flat or apartment house or a mobile home or mobile home park, or any person or place having garbage in the city to fail to provide upon the premises, and at all times to keep and maintain within the building or on the lot on which the building is situated, suitable and sufficient water-tight metal or plastic cans or receptacles with suitable bails or handles, each can having a capacity of not less than ten gallons nor more than ninety-five gallons, each having tight-fitting lids, for receiving and holding without leakage or escape of odors, and without being filled to within four inches or less of the top, all of the garbage which would ordinarily accumulate on the premises in one week's time. The cans or receptacles to be emptied by the collection vehicle shall be located so that the same are readily accessible for removing and emptying the material therein and on collection days, such garbage cans or receptacles shall be located at the curb, edge of the road or street or a city authorized alley, affording the garbage truck usual reasonable access to the premises, and shall, in any event, be located in an easily accessible location so as not to require the collector or collectors to move such cans or receptacles, when full, from the right-of-way edge to the collection vehicle. Exceptions to this provision for the elderly or handicapped may be arranged upon submission of a written request to the office of the city manager. Self-haulers who wish to be excluded from collection by the city's franchised solid waste hauling service shall submit written notice of their election to self-haul to the office of the city manager.

B. Garbage cans or receptacles must be furnished in the minimum number of one per resident family.

C. It shall also be unlawful for any person to fail to place such cans or receptacles so that the bottom thereof will be at least two inches above a well-drained surface, or so that the cans or receptacles are placed entirely beneath the surface of the ground and concrete forms made particularly for such purpose; or to place the same where they will not be a nuisance to any other person or to the public; or to any degree be offensive.

(Ord. 371-2005 § 1, 2005: Ord. 285-91 § 1, 1992; Ord. 283-91 § 1, 1991: Ord. 106-71 § 1, 1971: Ord. 99-70 § 1, 1970: Ord. 23-61 § 2, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

A. It is unlawful for a tenant, lessee or occupant of a private or other dwelling house or building, or mobile home or duplex, motel, restaurant, eating house, boardinghouse or other building where rubbish or waste matter accumulates in the city, or the owner of a furnished flat, or apartment house or mobile home park, or any person having trash in the city to fail to provide, upon the premises, and at all times to maintain suitable and sufficient enclosed metal or plastic cans or receptacles with suitable bails or handles, each can or receptacle having a capacity of not more than ninety-five gallons, and having tight-fitting lids sufficient to hold the rubbish or waste matter that would ordinarily accumulate on such premises in one week's time. It shall also be unlawful for any person to fail to: (i) place all rubbish or waste matter accumulated on the premises in such cans, (ii) place such cans or receptacles to be emptied by the collection vehicle so that they are readily accessible for the removal of rubbish or waste matter therein, (iii) place cans or receptacles to be emptied by the collection vehicle at the curb, edge of the road or street or a city authorized alley on collection days, affording the garbage truck usual reasonable access to the premises, and, in any event, located so as not to require the collector or collectors to move such cans or receptacles, when full, from the right-of-way edge to the collection vehicle. Exceptions to this provision for the elderly or handicapped may be arranged upon submission of a written request to the office of the city manager. Self-haulers who wish to be excluded from collection shall submit a written notice of their election to self-haul to the office of the city manager.

B. Rubbish or waste matter not easily placed in containers must be neatly tied in bundles with a maximum length of three feet and a maximum diameter of two feet. Residential rubbish or garbage may be combined in the same receptacles.

C. Commercial or industrial rubbish and waste matter produced in large quantities may be stored for collection in larger enclosed metal or wooden receptacles and be equipped with suitable lids or covers.

D. Rubbish and waste matter, as defined in this chapter, shall not be placed, disposed of or otherwise accumulated and commingled in the same receptacles.

(Ord. 371-2005 § 2, 2005: Ord. 285-91 § 2, 1992; Ord. 283-91 § 2, 1991: Ord. 106-71 § 2, 1971: Ord. 99-70 § 2, 1970: Ord. 23-61 § 3, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

Any person, firm or corporation maintaining a home, place of business or industrial establishment, access whereto is had by a private lane or roadway reasonably sufficient for the safe passage of the garbage collector's truck, may keep and locate the garbage cans or receptacles provided for in Sections 8.08.030 and 8.08.040 at an easily accessible location at the edge of such lane or road, but shall pay, in addition to all other rates and charges payable for garbage collection service, a rate or charge to be fixed by resolution of the city council.

(Ord. 371-2005 § 3, 2005: Ord. 285-91 § 3, 1992; Ord. 283-91 § 3, 1991: Ord. 106-71 § 3, 1971: Ord. 23-61 § 3.1, 1961).

A. It is unlawful for any person to dispose of any garbage, rubbish or waste matter originating in the city, other than at a disposal area designated by the city council, excepting that the same may be placed in receptacles as provided by Section 8.08.030 and 8.08.040, provided that the same are emptied and the contents thereof removed and disposed of when filled within four inches of the top and, in any event, at least once a week as provided by Section 8.08.080.

B. No garbage, rubbish or waste matter shall be disposed of in unincorporated territory within four hundred yards of the corporate limits of the city, except at the designated dump site.

C. The city council shall be the judge of the sufficiency and sanitary condition of all garbage, rubbish and waste-matter containers.

(Ord. 23-61 § 4, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It is unlawful in the city for a person not to have each and every can, box, barrel or other receptacle used for the accumulation of garbage, rubbish or waste matter emptied and the contents thereof removed from the premises and disposed of, as provided in this chapter, when any of the receptacles are filled to within four inches of the top and, in any event, it is unlawful for a person not to have each and all of the receptacles emptied and the contents thereof so removed and disposed of at least once each week.

(Ord. 23-61 § 8, 1961).

It shall be the duty of every scavenger in the city to first obtain a permit from the city as provided in Section 8.08.100, authorizing such scavenger to engage in the occupation of a scavenger in the city.

(Ord. 23-61 § 9, 1961).

The city council is authorized to issue a permit, upon proper application therefor, to any person applying for permission to engage in the occupation of a scavenger in the city.

Application blanks for such permit shall be made available in the office of the city clerk.

The city council shall have the authority to approve or reject any application for such permit, and shall have the further authority to limit the number of such permits issued to such number as the city council, in exercise of its discretion, deems necessary.

(Ord. 23-61 § 10, 1961).

The permit of any scavenger may be revoked for persistent and repeated failure on his or her part to properly collect garbage, rubbish and waste matter, or for charging for the collection of the same in excess of the rates fixed by the city council. It shall be unlawful for any scavenger whose permit has been revoked to collect garbage, rubbish and waste matter within the city, provided that no permit shall be revoked except upon a hearing before the city council, upon three days' previous notice in writing given to such scavenger.

(Ord. 23-61 § 11, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It shall be the duty of every scavenger to make an affidavit upon the first day of January, April, July and October of each year as to the number of customers being served by him or her within the city, and to file such affidavit on those dates with the city clerk.

(Ord. 23-61 § 12, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It shall be unlawful for any scavenger to use any truck or other vehicle for the removal and transportation of any garbage, rubbish or waste matter from any premises within the city unless the same first has been approved by the city council and conforms to the following minimum specifications:

A. Collection vehicles may be of two types:

1. Enclosed or covered body trucks,

2. Packer or mechanical compaction type trucks, of a type approved by the city council, excepting that, two years from July 1, 1961, only packer or compaction type collection vehicles will be acceptable to the city, and open body trucks may be used for bulky material, large objects or material impossible to collect with a packer or mechanical compaction unit.

B. Each collection vehicle must be painted such color as is designated by resolution of the city council or by contract entered into with the city upon authorization of the city council.

C. Each collection vehicle must be maintained in a clean, sanitary, well painted and mechanically safe condition. It shall be inspected twice yearly without prior notice by authorized representatives of the city council.

D. The portion of each collection vehicle in which garbage, rubbish or waste matter is placed for transportation shall be constructed in such manner that the same shall be water-tight so that no leakage or odor can escape therefrom. Doors to such vehicle bodies shall be kept closed at all times except when garbage, rubbish or waste matter is actually being loaded or unloaded.

(Ord. 106-71 § 4, 1971; Ord. 23-61 § 13, 1961).

It shall be unlawful for any scavenger to use any vehicle on the streets of the city for the purpose of collecting and transporting garbage, rubbish and waste matter unless the same has been cleansed once daily after the completion of each day's haul by scraping the interior and washing the same with water so as to be reasonably clean and give forth no noisome odors. The condition of each such vehicle shall at all times be subject to inspection and approval by representatives of the city council.

(Ord. 23-61 § 14, 1961).

A. It shall be unlawful for any scavenger, garbage collector, or self-hauler to empty or remove the contents of such cans or receptacles as are used for the accumulation of garbage, rubbish or waste matter in such manner as will create unnecessary noise in any residential area or from any motel or hotel before four a.m.

B. All garbage, rubbish and waste matter shall be removed from the cans or receptacles used for the accumulation of the same and from the premises on which the same are located in the manner provided by Section 8.08.130, except that self-haulers need only comply with subsections A, C (except for the inspection requirement) and D of section 8.08.130.

(Ord. 371-2005 § 4, 2005: Ord. 106-71 § 5, 1971: Ord. 23-61 § 15, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It shall be unlawful for any scavenger or self-hauler to allow any garbage, rubbish and waste matter to spill, drop, fall or remain on the ground or any other place.

(Ord. 23-61 § 16, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

The city council, from time to time, shall establish by resolution the maximum rates or charges that may be charged by scavengers for the collection of garbage, rubbish and waste matter within the city. The current schedules of rates so fixed by the city council shall be at all times on file in the office of the city clerk, and a copy thereof shall be available to each scavenger. It shall be unlawful for any scavenger to charge a rate in excess of that so fixed by the city council.

(Ord. 23-61 § 17, 1961).

Nothing in this chapter shall be construed to prohibit the city council from imposing a business license fee on scavengers, or to receive such scavengers from the payment of such fees which the city council may impose from time to time for revenue or regulation purposes.

(Ord. 23-61 § 18, 1961).

A. The city council is authorized to enter into a contract on behalf of the city with one or more persons, firms or corporations for the collection of all garbage, rubbish and waste matter in the city upon such terms and conditions as the council determines will be for the best interest of the city.

B. In the event such contract is let, it shall be unlawful for any person, firm or corporation other than persons in the employ of such contractor, or contractors, to collect for pay, or other consideration, any garbage, rubbish and waste matter within the city, except that any firm or corporation producing not less than fifty gallons per week of clean garbage suitable for hogs or other domestic animals may contract for the removal of such garbage outside the city; provided, further, that the same shall all be done upon a permit issued by the city manager after determining that the applicant is properly equipped to remove such garbage. Notwithstanding the foregoing, nothing in this chapter shall prohibit contractors or maintenance personnel who are providing construction, landscaping, maintenance, hazardous materials abatement or demolition work on a property and who dispose of construction and demolition debris, hazardous waste, or organic waste directly generated by such work in their own containers for which the city's authorized contractor(s) do not provide services, provided such collection, disposal, and transportation complies with the standards set forth in this chapter and state law.

C. Such contractor, in addition to meeting all the other requirements of this chapter, shall agree to, and such contract shall require, that it do the following:

1. Prepare and submit to the city manager, for approval, collection and disposal routes and schedules showing the days of collection of each route;

2. Require all employees to wear uniforms of a type and color approved by the city and require such employees to maintain the same in a good state of repair and a clean condition;

3. To employ only personnel approved by the city and to dismiss the employee who violates the conditions of this chapter or is negligent and discourteous to the performance of his duties when requested to perform such duties by the city manager;

4. To collect garbage and rubbish not less than one day a week from all commercial establishments dealing with meat, fish, game or vegetables, and not less often than two days a week from any hotel, restaurant or hospital and from such other place as the city manager may order in writing.

D. Notwithstanding anything contained in this section to the contrary, a self-hauler shall have the right to remove or haul or dispose of garbage, rubbish and waste matter produced or accumulated upon premises owned by such individual or in such individual's possession. Any such self-hauler shall not be required to pay the regular monthly fixed charge set by the city council for garbage collection or scavenger service.

The monthly fixed charge for scavenger service set by the city council, at the will of the city council, for good cause shown, may be waived for public and quasi-public agencies. The council, in waiving such fees, may impose reasonable conditions in conjunction therewith, and such waiver, at the will of the city council, may be revoked at any time. Such request for waiver shall be in writing to the city council and shall be considered at a regularly scheduled meeting of the city council.

(Ord. 114-72 §1, 1972; Ord. 106-71 §6, 1971; Ord. 23-61 §19, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

It shall be the duty of the city manager to enforce the provisions of this chapter.

(Ord. 23-61 §20, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)

Any person violating any of the provisions of this chapter is guilty of an infraction. Every violation is punishable by a fine not exceeding one hundred dollars for a first violation; a fine not exceeding two hundred dollars for a second violation of the same section within one year; and a fine not exceeding five hundred dollars for each additional violation of the same section within one year.

(Ord. 136-75, 1975: Ord. 23-61 §21, 1961).

(Ord. 476-2024, § I(Att. A), 7-15-2024)