Williams Municipal Code Ch. 8.08 Garbage and Refuse

As used in this chapter, the following words shall have the meanings ascribed to them as follows:

"Combustible rubbish" means all discarded combustible material, including but not limited to, paper products and cloth in all forms, rags, household bedding, excelsior or other packing materials, cartons, boxes, containers of wood or fiber, sawdust, shavings, lumber scraps, wood or wooden articles, leaves, grass, weeds, brush, plants, vines, and prunings thereof, lawn and tree trimmings, rubber, rubberized products, leather, leatherized and composition products, carpets, linoleum, materials impregnated with any form of oil, resin, asphalt, or rubber, and plastic products. "Combustible rubbish" shall not include dirt, vacuum, floor, or other sweepings unless wrapped and tied securely, or building materials, whether combustible or noncombustible, resulting from new construction.

"Contract agent" means either the city, its duly authorized agents and employees, or a person or contractor with whom the city may contract or have contracted for the collection, conveyance, and disposal of rubbish.

"Garbage" means all organic matter including, without limitation, all animal, fruit, and vegetable substances, all types of edible or inedible food, refuse from residences, restaurants, hotels, and similar establishments in which organic matter is created from the preparation or use of food or drink to be consumed on or elsewhere than the premises.

"Health officer" means the health officer of the county, or his or her authorized deputy, agent, or representative, or such other person as the council may designate in lieu of such health officer.

"Noncombustible rubbish" means all discarded materials not defined as combustible rubbish, and shall include but not be limited to, bottles, glass, crockery, earthenware, tin cans, tin ware, wire, automobile parts, frames, and fenders, iron, steel, copper, and other metals, automobile tires and tubes, batteries, metal or metal-lined kegs, barrels, casks, or containers, bricks, concrete, and plaster. "Noncombustible rubbish" shall not include or be construed to include, garbage, market refuse, food plant waste, dead animals, dirt or earth sweepings, debris from lawn renovations, rocks, stones, bricks, concrete, or any waste materials, including plaster or mortar, resulting from the repairing, alteration, or demolishing of old buildings, or resulting from new construction.

"Recyclable materials" means those materials that may be separated on a commercially reasonable basis from garbage and refuse and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace and otherwise comply with applicable law. The city council may further define "recyclable materials" by resolution.

"Refuse" means all non-organic matter including, without limitation, all matter and materials which are rejected by owners or producers thereof as offensive or useless, and all combustible and noncombustible waste and refuse matter, excepting garbage.

"Rubbish" means and includes garbage, refuse, and combustible and noncombustible rubbish as defined in this section. Garbage and combustible and noncombustible rubbish may be combined into common containers for collection purposes. "Rubbish" shall not include explosives or inflammables, such as gasoline, paint thinners, or kerosene.

"Special waste" means any of the following: Flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; waste from a septic system or other wastewater treatment or pollution control process; residue and debris from the cleanup of a spill or release of any chemical substance; hazardous materials or hazardous wastes as defined by federal or state law; any soil, waste, residue, debris or other material contaminated by any hazardous material or hazardous waste; dead animals; manure; explosive substances or substances or materials that have been exposed to highly infectious or contagious diseases. "Special waste" shall not include electronic waste or universal waste, as authorized by the contract agent.

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 195-12, § 1, 9-19-2012)

It is unlawful for any person, firm or corporation to deposit, keep, accumulate or permit, cause or suffer any rubbish to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the rubbish and/or special waste is kept, deposited or allowed to accumulate as provided in this chapter.

(Ord. 156-07 § 3(part), 2007)

It is unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated any rubbish, unless the same be kept in a suitable box or boxes, barrels or other suitable receptacles on the premises, and sufficient to hold the rubbish which would ordinarily accumulate on such premises.

(Ord. 156-07 § 3(part), 2007)

Notwithstanding any other provision of this chapter, it is unlawful for any person, firm or corporation to dispose of, discard or place any special waste in any receptacle or container placed and intended for collection and disposal by the contract agent, unless otherwise authorized by the contract agent.

(Ord. 156-07 § 3(part), 2007)

It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any refuse except brick, brickbats, cement, plaster, stones and gravel, in or upon any vacant lot, backyard, street, alley, gutter, highway, park or other public place in the city, except to the extent that a temporary accumulation of such materials is allowed in a particular place under the provisions of a building permit issued by the city.

(Ord. 156-07 § 3(part), 2007)

It is unlawful to burn or cause to be burned in the city any rubbish, excepting rubbish that may be burned in accordance with a permit granted therefor by the fire chief of the city, and subject to the fire ordinances and regulations of the city.

(Ord. 156-07 § 3(part), 2007)

It is unlawful for any person or persons to bury rubbish at any place within the city, provided that garbage may be partially buried as part of a composting effort, if the compost pile is tended so as to not to attract rodents or other disease vectors.

(Ord. 156-07 § 3(part), 2007)

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the city health officer or chief of police to constitute a hazard to the public health and safety, if either of the health officer or chief of police specifically orders the unlicensed person to remove and haul away such materials in order to protect the public health and safety.

(Ord. 156-07 § 3(part), 2007)

The superintendent of streets is specifically required to enforce the provisions of this chapter and shall have the right of entering any or all premises, after obtaining either a warrant or permission to do so from the owner or occupant of the premises, for the purpose of determining whether the property and/or establishment is in conformance with provisions of this chapter. Any person denying or obstructing such entry shall be subject to the provisions of Section 8.08.120 of this chapter. The health officer shall supervise all matters in connection with garbage disposal that concerns the public health.

It is unlawful for any person in any manner to interfere with the collection and disposal of refuse or garbage by any person, firm or corporation authorized by license or contract to collect and dispose of the same.

(Ord. 156-07 § 3(part), 2007)

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the city jail or county jail for a period not exceeding ninety days, or by both such fine and imprisonment, provided that where the city attorney or other prosecuting authority determines that such action would be in the interests of justice, the city attorney or other prosecuting authority may specify in the accusatory pleadings that the offense shall be an infraction.

(Ord. 156-07 § 3(part), 2007)

A. All garbage and refuse accumulated by residential premises or commercial establishments shall be collected, conveyed, and disposed of by the contract agent, and every residence and commercial establishment shall subscribe to the collection and disposal services provided by the contract agent, and shall pay the rates established for such services. The contract agent shall, except as otherwise provided in this chapter, have the exclusive right to collect, convey, and transport in, along, or over the public streets, alleys and highways in the city all garbage and refuse. The provisions of this section shall not prohibit the transportation of garbage and refuse over designated public ways within the city by collectors authorized by the county health officer to serve county areas adjacent to the city limits.

B. All commercial establishments generating more than four cubic yards of garbage and refuse per week shall arrange for recycling services provided by the contract agent or shall self-haul all recyclable materials to a facility equipped to handle them without depositing them in a landfill. Unless the commercial establishment subscribes to garbage and refuse collection service that includes mixed waste processing, premises covered by this subsection shall source-separate their recyclable materials from garbage and refuse.

C. All multifamily residential premises with four or more units shall arrange for recycling services provided by the contract agent or shall self-haul all recyclable materials to a facility equipped to handle them without depositing them in a landfill. Unless the multifamily residential premises subscribes to garbage and refuse collection service that includes mixed waste processing, premises covered by this subsection shall source-separate their recyclable materials from garbage and refuse.

D. City staff shall endeavor to engage in education and outreach to the establishments and premises covered by subsections B. and C. concerning the requirements of this section, and shall monitor compliance and notify the owner or operator of any establishment or premises which is not in compliance.

E. All solid waste and recyclable materials collected under this section shall be properly disposed of in a materials recovery facility, landfill or other disposal site in compliance with all applicable laws and regulations.

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 195-12, § 2, 9-19-2012)

The public works superintendent shall have the following powers and duties:

A. To keep the city council generally advised of the requirements and activities of the garbage and refuse collection by the contract agent;

B. To make such rules and regulations as may be necessary, reasonable, and proper to effect the expedient, economical, and efficient collection and removal of rubbish by the contract agent;

C. To administer the provisions of this chapter and of any resolutions, rule, or regulation adopted or made applicable to the provisions of this chapter;

D. To have the powers of a police officer in performing the duties set forth in this chapter; and

E. Upon the issuance of a warrant or obtaining permission to enter from the owner or occupant of the premises, to enter into any building, structure, or premises in the city at all reasonable hours for the purpose of making such inspections or investigations as are necessary to determine that the rubbish sought to be collected is directly and properly connected with such building, structure, or premises and to determine whether the provisions of any applicable resolutions, rules, or regulations are being complied with or violated.

(Ord. 156-07 § 3(part), 2007)

A. Rubbish Containers.

1. Every person occupying or in possession of any premises used for residential, commercial, or industrial purposes shall dispose of all garbage, refuse, and rubbish in containers provided by the contract agent.

2. No person shall deposit combustible rubbish at the place of collection unless the same is in a container conforming with the requirements of this subsection; provided, however, items of such shape and size as cannot be contained in such container need not be so placed. The following items need not be placed in containers.

a. Tree limbs, each of which shall not exceed four feet in length, fifty pounds in weight, or six inches in diameter;

b. Brush and wood when securely tied in bundles, each of which shall not exceed four feet in length, two feet in diameter, and fifty pounds in weight; and

c. Magazines, newspapers, and paper products when securely tied in bundles, each of which shall not exceed fifty pounds in weight.

B. Maintenance. All such containers shall at all times be kept and maintained in good repair and free from rough edges or jagged surfaces which would likely cause injury to persons lifting them.

C. Nonconforming in Size. The contract agent may, at its option, collect rubbish from containers of a different size and description than required in this chapter based on the needs of the owner or occupant.

D. Inspection. The public works superintendent shall cause to be inspected at regular intervals the containers used in depositing rubbish for collection. The public works superintendent shall cause suitable tags to be placed on each container that he or she deems to be unfit, inadequate, or unsuitable, either by reason of the condition or size thereof, or for any other reason.

(Ord. 156-07 § 3(part), 2007).

Only persons living in the same single or multiple dwelling may use a single receptacle in common or may use individual containers. No person shall deposit or cause to be deposited any rubbish in a receptacle provided by any person or for any establishment or premises with which such rubbish is not directly connected.

(Ord. 156-07 § 3(part), 2007).

A. No person, other than the owner of any rubbish container, his or her agents, employees, or tenants, or an officer, employee, or agent of the contract agent, shall tamper or meddle with any container or the contents thereof, or remove the contents of any such container from the location where the same shall have been placed by the owner of such container, or by his or her agents, employees, or tenants, regardless of whether or not such container or place of such container conforms to the requirements or description as provided in this chapter.

B. No employee of the city shall remove or dispose of, for such employee's use and benefit, any of the contents of any such rubbish receptacle.

C. No person shall throw, place, or deposit any rubbish on the property of any person or upon any street, drive, or alley in the city except as may otherwise be permitted in this chapter.

(Ord. 156-07 § 3(part), 2007).

No person shall cause or permit rubbish to accumulate at any place or premises under his or her charge or control for a period in excess of one week.

(Ord. 156-07 § 3(part), 2007).

A. Placement of Containers.

1. Containers for rubbish shall be placed for collection in the parkway next to the curb in front of the premises, or immediately adjoining the sidewalk where there is no parkway; provided, however, where the premises abut upon an alley, the rubbish container shall be placed on the premises within two feet of the rear property line thereof, if physically possible and if freely accessible from the alley (if not, then off the premises within two feet) if such alley conforms to the following conditions:

a. The alley is a through alley so that rubbish trucks need not back out of it;

b. The alley is not less than fifteen feet wide;

c. If the alley is L-shaped or T-shaped, the turns are wide enough to be safe for trucks to turn without damage to them or to adjacent improvements on private property; and

d. The surface of the alley is of such material and condition as to insure reasonable safety for the convenient operation of rubbish trucks at all seasons of the year.

2. The public works superintendent may for good cause change or modify the provisions of subsection (A)(1) of this section.

B. Time of Placement and Removal of Container. No person shall place, or cause to be placed, any rubbish receptacle or rubbish at the required place of collection at any time other than on the days established by the public works superintendent or the contract agent for collection of rubbish on that particular route, or before six p.m. of the day preceding the scheduled collection, or permit such receptacle to remain thereafter it has been emptied after eight p.m. on the day of the actual collection.

C. Agency. It is unlawful for any person, other than the contract agent or the owner or occupant, to collect, remove, or convey, or cause or permit to be removed or conveyed, any rubbish or any items not included within such defined terms, as set forth in section 8.08.010 of this chapter, unless such rubbish is not included or authorized in any contract with a contract agent or otherwise authorized. This provision shall not affect the obligation of the owner or occupant as established in sections 8.08.080 and 8.08.110 of this chapter.

(Ord. 156-07 § 3(part), 2007).

Notwithstanding any provision to the contrary in this chapter, the council may, by the formal enactment of a resolution:

A. Permit or provide for variances and exemptions from, and exceptions to, any provision contained in this chapter where practical difficulties exist in compliance therewith or where other good cause exists;

B. Make such rules and regulations as may be necessary and reasonable to effect the expedient, economical, and efficient collection and removal of rubbish; and

C. Restrict, enlarge, or regulate the rights and duties of the contract agent and its officers and employees.

(Ord. 156-07 § 3(part), 2007)

Every owner of property whose premises are served or are to be served with refuse or garbage collection services rendered by the contract agent shall pay the applicable service charge pursuant to the existing rate schedule. Such charge shall be payable by the property owner regardless whether or not a request for service has been made.

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 223-17, § 1.A, 10-18-2017)

The service charges provided for in this chapter shall be billed and collected by the contract agent from the property owner, regardless whether or not the property receiving service is occupied by the property owner.

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 223-17, § 1.B, 10-18-2017)

The service fee imposed by the provisions of this chapter shall be a civil debt owing to the contract agent from the owner of the property receiving the service. If requested by the contract agent, the city may place a lien against any property in which the owner fails to promptly submit payment pursuant to Section 8.08.220 of this chapter.

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 223-17, § 1.C, 10-18-2017)

If the garbage and rubbish service charge is not paid when due, the city may record the delinquent service charge as a special assessment and lien against the property being served pursuant to Government Code Sections 38790.1 and 25831. Upon recordation by the county of the special assessment and lien, such delinquent charge shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected pursuant to Government Code Section 25831(d).

(Ord. 156-07 § 3(part), 2007)

(Ord. No. 223-17, § 1.D, 10-18-2017)