Woodlake Municipal Code Ch. 8.16 Garbage Collection and Disposal

For the purpose of this chapter:

"Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking or serving of food.

"Refuse" means all types of solid waste, including crockery, bottles, tin cans, cardboard boxes, rags, paper, straw, ashes and other waste matter ordinarily collecting on any occupied premises, except automobile and truck bodies, tires, frames and tops, and waste materials from building construction and repair all of which excepted materials must be properly removed by the owner or occupant of the premises where accumulated, or by his agent.

(Ord. 532 § 1 (part), 1999)

No person shall deposit, keep or accumulate, cause or permit or suffer to be deposited, kept or accumulated any refuse or garbage in or upon any lot or parcel of land or any public or private premises in the city, unless such refuse or garbage is enclosed in receptacles conforming to the specifications provided in this chapter.

(Ord. 532 § 1 (part), 1999)

No person shall cast, place, sweep or deposit anywhere within the city, any garbage or refuse in such a manner that it may be carried or deposited by elements upon any street, sidewalk, alley, sewer, parkway, or other public place or into any occupied premises within the city. No person shall burn or bury any garbage in the city limits of the city, and other burnings shall be conducted as otherwise permitted by law.

(Ord. 532 § 1 (part), 1999)

Every contractor or person engaged in the erection, demolition or repair of a building shall be responsible for removal of excess building materials and other refuse produced by the employees or workmen working on the project.

(Ord. 532 § 1 (part), 1999)

A. Unless otherwise provided by the city each occupied premises shall utilize the containers provided by the disposal service. Refuse not in the furnished container will not be accepted for disposal (except for specific times established by the city when the disposal service will pick-up tree trimmings and other yard wastes that are not in the provided containers).

B. Containers (excluding bins) shall be placed adjacent to the curb or alley by six a.m. on the scheduled collection day. The container shall be removed from the curbside no later than six-thirty p.m. of the same collection day and placed in such a location so as not to be visible from the public right-of-way.

C. The containers provided shall be kept in sanitary condition by their users.

(Ord. 532 § 1 (part), 1999)

A business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services.

A commercial waste generator shall source separate recyclable materials from solid waste and choose from one or more of the following options: subscribe to a basic level of recycling service that includes collection, self-haul, or arrange for the pickup of the recyclable materials and/or subscribe to a recycling service that includes mixed waste processing that yields diversion results comparable to source separation.

A property owner of a commercial business or multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.

(Ord. No. 582, 3-12-2012)

A. It is unlawful for any person to place or allow to be placed in any garbage or refuse containers designated for municipal pickup any dead animal, fowl, etc. wearing apparel or bedding or other refuse from a place where infectious or contagious disease has prevailed, explosive substances, radioactive materials, drugs or poisons, used oil, automotive batteries, paint, insecticide or herbicide containers or other unsafe dangerous, unsanitary or offensive materials. Refuse and garbage shall be placed in containers as free as possible of liquids which shall be drained off before placement of wet refuse and garbage into containers.

B. It is unlawful for a residential customer to put out refuse for collection and fail to have sorted each of the following listed components from each of the other listed components: green waste, garbage and recyclables.

C. It is unlawful for any person to take or pilfer, for his own use or benefit, the recyclables of any other person after the recyclables have been put out for collection without the written consent of the owner thereof. The customer owns all garbage, green waste and recyclables until possession thereof is taken by the hauler, at which time the ownership thereof shall shift to the hauler.

D. Failure to properly separate the refuse into the proper container will result in additional charges, the amount to be fixed by resolution of the city council, except as provided in subsection E of this section.

E. During certain times of the year as specified by the city, tree prunings and brush will be picked up separately from the furnished containers if tied in bundles not over eighteen (18) inches in diameter and forty-eight (48) inches long.

(Ord. 553 § 1, 2004: Ord. 532 § 1 (part), 1999)

A. A charge established by the city council shall be collected from all occupied premises within the corporate limits of the city for the collection, removal and disposal of garbage and waste matter resulting from the normal use of occupied premises, and for the inspection of premises by the superintendent of public works. Said charge shall not be construed as preventing the city from imposing reasonable extra charges for special inspection work or for the removal of excessive amounts of garbage and waste materials. In cases of dispute the city council shall determine and order the number of times garbage and waste matter shall be removed from occupied premises. Said charges shall be paid at the same time and in the same manner as water service charge are paid and all rules and regulations governing the collection of water bills shall apply in every particular in the collection of garbage and waste matter bills.

B. The superintendent of public works is the official responsible for classifying service users as to a charge, determining the location and number of bulk containers required for commercial users; inspecting the premises and making what reasonable additional rules and schedules as required to carry out the intent of this chapter.

(Ord. 532 § 1 (part), 1999)

A. The city council shall hold a public meeting and public hearing on any proposed rate requests, accept public testimony and consider all evidence presented and in compliance with Article XIII-D of the Constitution of the state of California.

B. Each single-family residence, apartments, mobile home, businesses, or multiple dwelling on the same property one pickup per week of refuse, recyclables, and green waste. Containers will be furnished and maintained by the disposal service contractor unless it is damaged or destroyed willfully by the user.

C. For the amounts of refuse more than those normally collected or too large or bulky to be handled in regular container or requiring times other than on regular pickup schedules or cleanup of construction sites a charge for labor and equipment will be made. Amount of charge and method of payment will be determined by the disposal service contractor on an individual job basis.

(Ord. 544 § 1, 2001: Ord. 532 § 1 (part), 1999)

(Ord. No. 637, § 2, 11-8-2021)

The occupant, tenant, or lessee of any house, dwelling, flat, apartment building, hotel, restaurant or other place of business or residence within the city and any contractor or person engaged in the erection, demolition or repair of a building where excess building materials, garbage and/or rubbish is produced or accumulated shall subscribe to the refuse/recycling and the green waste collection service provided through the city and use the containers provided by the disposal company providing refuse service for Woodlake. However, the owner or person in possession of real property, either as owner, lessee, tenant or occupant may, in addition thereto, remove all garbage, waste matter and rubbish naturally accumulating thereon.

(Ord. 532 § 1 (part), 1999)

The senior lifeline program is intended to provide discounted refuse services for seniors that meet certain income and household limits. In order to qualify, the principal resident of the household whose income pays the bills, must be sixty (62) years or older. In the case of couples, either person may qualify as the principal resident. The combined household income must meet California Public Utilities Commission poverty level guidelines. The city maintains the right to verify income by reviewing items such as tax returns, pay stubs or copies of government records. Annual renewal of income verification is required. Lifeline services may be denied if proof of income is not made available by the customer.

(Ord. 532 § 1 (part), 1999)

(Ord. No. 620, § 2, 4-22-2019)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 532 § 1 (part), 1999)

(Ord. No. 641, § 2, 11-8-2021)

A. Purpose. The city finds and declares all of the following purposes for this chapter.

1. To achieve the mandates imposed by the Integrated Waste Management Act of 1989 (AB 939) on a regional basis;

2. To enact a comprehensive and innovative system for the proper and legal management of home-generated sharps waste, as defined in subsection B.6 of this chapter, in the city in accordance with Section 118286 of the California Health and Safety Code;

3. To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home-generated sharps waste, and to provide a "no-cost" system for consumers for the return of home-generated sharps waste;

4. To assure that the costs associated with the handling and disposal of home-generated sharps waste are the responsibility of the producers and retailers of home-generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;

5. To reduce the likelihood of the illegal disposal of home-generated sharps waste;

6. To ensure that all costs associated with the proper management of home-generated sharps waste are internalized by the producers and retailers of home-generated sharps waste at or before the point of purchase, and not at the point of discard;

7. To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this section, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home-generated sharps waste management system; and

8. To provide for the safe and convenient collection and disposal of one hundred (100) percent of the home-generated sharps waste discarded in the city at no cost to the consumer and to comply with the requirements pursuant to State Health and Safety Code prohibiting the disposal of home-generated sharps waste in trash, recycling, yard waste, or landfills as of July 1, 2014.

B. Definitions. The following definitions shall apply to this chapter.

1. "Consumer" means an individual who has purchased sharps for personal use for humans or animals.

2. "Home-generated" means all sharps as defined in subsection 6. below derived from a household, including a multifamily residence, or a single-family residence.

3. "Woodlake area" means the geographic area that includes the boundaries of the city of Woodlake, California.

4. "Retailer" means any entity, including but not limited to, a person or business, of whatever form of organization, which sells to the general public sharps in the Woodlake area to a consumer, including a manufacturer of sharps who sells sharps directly to a consumer.

5. "Distributor" means a person who sells sharps to a retailer.

6. "Sharps" means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications to humans or animals.

7. "Receptacle" means a rigid puncture-resistant container with a sealable lid approved by the U.S. Food and Drug Administration for the purpose of transporting sharps for disposal.

8. "Proper disposal" of home-generated sharps waste means disposal in compliance with the applicable provisions of the California Health and Safety Code by means of an approved/certified medical waste disposal company.

C. Sharps Management.

1. By July 1, 2014, every retailer of sharps sold in the city shall establish within the retail outlet a system for the acceptance and collection of home-generated sharps waste for proper disposal.

2. Each system established by a retailer for the acceptance and collection of home-generated sharps waste during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:

a. A convenient location within the retail establishment for the "take-back" from the consumer of home-generated sharps waste at no cost to that consumer.

b. Appropriate signage, prominently displayed within five feet of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects home-generated sharps waste from consumers.

c. An appropriate receptacle or receptacles for the collection of home-generated sharps waste within the retail establishment. The retailer shall assure that all home-generated sharps waste is placed in the receptacle(s).

d. Assurance that the collected home-generated sharps wastes are disposed within the time period established by applicable state law, as determined, from time to time by the county environmental health service department, acting as the local enforcement agency.

e. Comply with all applicable provisions of the California Medical Waste Management Act, Health and Safety Code Sections 117600 et seq.

3. A retailer who is required to accept home-generated sharps waste shall at a minimum provide the following take back services:

a. The take-back from the consumer of home-generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount previously sold to the consumer.

b. The take-back of home-generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the amount being purchased.

c. The take-back from the consumer of home-generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept home-generated sharps waste in an amount not to exceed the equivalent of one 2 quart-size sharps container per week per consumer from any consumer who resides in the Woodlake area.

D. Enforcement.

1. The city may enforce the provisions of this section through a civil action for civil penalties in the amounts established herein, and any other civil remedy, including prohibitory and mandatory injunctive relief, filed in the Superior Court for the county of Tulare to compel and enforce the provisions herein against any retailer within the city who sells sharps in violation of this section. In addition to any relief available to enforce this section, the city shall also be entitled to recover its reasonable attorneys' fees and costs incurred in enforcing this section.

2. For any violation of this section, the city may sue to recover civil penalties in the amount of one thousand dollars ($1,000.00) per day for every day on which a violation exists. For purposes of calculating the civil penalties to be established hereunder, each day on which the retailer fails to comply with the requirements of this section, after having received a written notice of violation issued by the city, shall constitute a separate offense.

3. In addition to the civil relief available to the city set forth above, any violation of this section shall also constitute a criminal offense punishable under the laws of the state of California. The district attorney, the county counsel, or any city attorney shall be authorized to enforce the provisions of this section within their respective jurisdictions and shall have the authority to determine whether to prosecute the matter as a misdemeanor, or to elect for good cause to reduce the charge to an infraction. In the event of such criminal enforcement, the following criminal penalties apply to violations of this section:

a. Penalty for an Infraction. Any retailer found to be in violation of any provision of this section, or who fails to comply with any of its requirements, shall upon conviction thereof be punished by a fine of first violation seventy-five dollars ($75.00), second violation one hundred fifty dollars ($150.00), third and subsequent violations three hundred dollars ($300.00). Each day such violation continues shall be considered a separate offense.

4. In addition to the enforcement provided in this subsection, this section shall be enforceable under the administrative code enforcement provisions of this Code, including but not limited to Chapter 1.12. If enforced pursuant to the administrative code enforcement provisions of this Code, the penalties established by Subparagraph 3. of this section is hereby established as an alternative administrative penalty which shall be assessed pursuant to Section 1.12.020 or violations of the provisions of this Chapter 8.16.

(Ord. No. 589, § 1, 6-23-2014)