Yreka Municipal Code Ch. 6.08 Garbage, Rubbish and Waste

Footnotes:

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2. As to the power of cities to contract for the collection and/or disposal of garbage, waste or refuse, see Health & S. C.A. § 4250. As to the power of a city to grant an exclusive franchise for the removal of garbage, see Gurtz v. City of San Bruno, 48 P.2d 142 (1935).

"Garbage," as the word is used in this chapter, consists of dead animals, of not more than ten pounds weight each, and of every accumulation of animal waste, vegetable waste and other matter that attend the preparation, consumption, decay, or dealing in or storage of meats, fish, fowls, birds, fruits or vegetables. The term "garbage" does not include fish water or waste water.

(Ord. 221 § 1, 1947).

"Rubbish," as the word is used in this chapter, consists of wood, leaves, dead trees or the branches thereof, chips, shavings, sawdust, woodenware, dodgers, printed matter, paper, pasteboard, grass, rags, straw, boots, shoes, hats and all other combustible matter not included in this chapter under the term "garbage" and which are rejected, abandoned, or discarded by the owner or producer as offensive or useless.

(Ord. 221 § 2, 1947).

"Waste matter," as the word is used in this chapter, consists of natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, brickbats, plaster, Portland cement, crockery, queensware, glass, glassware, ashes, cinders, shells, tin cans, metals and all other noncombustible material.

(Ord. 221 § 3, 1947).

(a) It shall be the duty of every tenant, lessee or occupant of any private dwelling house and of the keeper of every hotel, restaurant, eating house, boarding house or other buildings where meals are furnished, and of the owners of every furnished flat or apartment house, and of every other person having garbage, to provide without expense to the city, and at all times to keep within the building or on the lot on which the building is situated, suitable and sufficient watertight cans or receptacles with suitable bales or handles and each having a tight fitting cover for receiving and holding without leaking, or escape of odors, and without being filled to within four inches of the top, all the garbage which would ordinarily accumulate on the premises in one week's time; which cans or receptacles shall be so placed as to be readily accessible for removing and emptying the material therefrom offensive, provided that the location of such cans or receptacles shall be such as not to require the collector or collectors to carry such cans or receptacles for a distance of more than twenty-five feet. Such garbage cans or receptacles must be emptied by the collectors at least once each week. Cans or receptacles for garbage, from private dwelling houses, from each flat and from each apartment house, shall each have a capacity of not less than ten gallons, nor more than thirty gallons, and cans or receptacles for garbage at all other places shall each have a capacity of not less than ten gallons, nor more than sixty gallons. No can or receptacle for receiving garbage, rubbish or waste matter shall be placed on or in any street, alley, sidewalk, footpath or other public place whatsoever, except in accordance with rules and regulations established under this chapter for all collection of the same. It is unlawful to keep, place or deposit garbage, rubbish or waste matter on any private grounds or premises whatsoever, except in cans or receptacles as designated in this chapter.

(b) It shall be the duty of every person, firm or corporation served to keep the garbage can or receptacle used in the service of such person, firm, or corporation in a clean and sanitary condition.

(Ord. 221 § 4, 1947).

It is unlawful for any person in the city to throw or deposit any garbage, rubbish or waste matter, or to cause the same to be thrown or deposited upon any street, alley, gutter, park or other public place, or to throw or deposit the same in or upon any vacant lot, or backyard, or to store or keep the same otherwise than in cans or receptacles, as required by Sections 6.08.040 and 6.08.060 of this chapter; and it is unlawful to have, store, deposit or keep garbage where rats can have access thereto, or feed thereon. Each violation of this section shall be treated and considered, and the same shall be a separate and distinct offense.

(Ord. 221 § 5, 1947)

It shall be the duty of every tenant, lessee and occupant of every private dwelling house and of the keeper of every hotel, restaurant, eating house, boarding house, office, mercantile establishment, place of business or other building where rubbish will accumulate, to provide boxes, barrels or other proper receptacles to be kept on the premises sufficient to hold the rubbish which would ordinarily accumulate on such premises in one week's time, except where more frequent collection is directed by the director of public works pursuant to this chapter, and all rubbish accumulating on such premises shall be placed in such boxes, barrels or other receptacles. The boxes, barrels or receptacles shall be so placed as to be readily accessible to the collector for the removal of rubbish therefrom, provided that in no event shall the location of such boxes, barrels or other receptacles be such as to require the collector or collectors to carry such boxes, barrels or other receptacles for a distance of more than twenty-five feet. No one of such boxes, barrels or receptacles shall have a capacity exceeding one hundred gallons. The director of public works, with the approval of the mayor, shall be the exclusive judge of the sufficiency of such boxes, barrels or receptacles.

(Ord. 221 § 6, 1947).

At such time as there is in force a contract entered into by the city with any person, firm or corporation for the collection of garbage in the city, it is unlawful for any person other than the contractor or person in the employ of the contractor having such contract, or the servants, agents or employees of the city, to collect any garbage within the city.

At such time and as long as the city is itself engaged in the collection of garbage, [3] it shall be unlawful for any person other than the servants, agents or employees of the city, to collect garbage within the city.

Any person, firm, or corporation producing in excess of fifty gallons of wet garbage a week shall place all such wet garbage in a suitable container apart from his dry garbage so that such wet garbage may be conveniently collected by the agents or contractors of the city under such restrictions as the director of public works may, from time to time, impose upon such person, firm or corporation producing in excess of fifty gallons of wet garbage weekly. It is unlawful for any such person, firm, or corporation to sell or dispose of such garbage, and all of it must be delivered to the city, its agents or contractors for removal and disposal. For the purpose of this chapter, "wet garbage" includes and means kitchen and table refuse and offal, swill and every accumulation of animal, vegetable and other matter that attend the preparation, consumption, decay, or dealing in or storage of meat, fish, fowls, birds, fruit or vegetables.

(Ord. 221 § 7, 1947).

Footnotes:

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3. The words "itself" and "in the collection of garbage" were not in the original ordinance, but were editorially added for clarification of the sentence.

A contract shall be deemed to have been entered into by the city with a person, firm or corporation for the collection of garbage in the city upon the execution of such a contract and the expiration of seven days from the publication of a resolution of the city council announcing that the city proposes to engage in such collection. Such publication of such resolution or resolutions shall be in a newspaper of general circulation printed and published in the city.

(Ord. 221 § 8, 1947)

It is unlawful to deposit any garbage or rubbish within the city limits or within two hundred yards thereof, except at the city garbage dump, or other place designated by the director of public works and approved by the city council for the purposes of destruction thereof. Waste matter, as defined in this chapter, if not removed beyond the city limits, may be made use of, upon receiving written permission from the director of public works with approval by the mayor, for filling in on low lots or spots within the city limits.

(Ord. 221 § 9, l947).

It is unlawful for any person, firm or corporation other than the city garbage collectors, or such other collectors as may be designated by the city, under contract therefor, or its or his agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys, or public thoroughfares of the city, any garbage, rubbish, or other matter offensive to the sight, or to collect or dispose of the same.

(Ord. 221 § 10, 1947).

It is unlawful for any person or persons to bury garbage at any place within the city, at a point which is closer than two hundred fifty feet to a residence.

(Ord. 221 § 11, 1947).

It is unlawful for any person or persons to burn garbage at any place within the city.

(Ord. 221 § 12, 1947).

(a) It is unlawful for any person or persons to burn yard debris at any place within the city without first obtaining a burn permit. Permissible burn hours shall be set by the Siskiyou County Air Pollution Control office for any permissible burn day. Yard debris may be burned between those hours and shall be burned only in a fire safe enclosure, which shall be constructed so that sparks and burning brands of sufficient size to ignite buildings, structures, or adjoining combustible materials are not emitted, or a pile no larger than three feet by three feet by three feet in size. Burn barrels, which are banned in the state of California, do not qualify as an acceptable fire safe enclosure. Burning of yard debris shall be attended by at least one able-bodied adult person at all times, who shall have the fire protection materials required on the burn permit. "Yard debris" is defined as and shall only consist of dried grass, leaves, twigs, brush, bush and tree trimmings.

(b) Application for any such permit to burn yard debris shall be made at city hall prior to the time at which the permittee desires to burn such yard debris and in no event shall any burning of any such yard debris be commenced prior to obtaining a burn permit.

(c) The chief of the fire department may delay the issuance of any such permit, postpone the time provided therein for burning, or revoke any such permit at any time when, it [in] his judgment, conditions exist which might cause the burning of such yard debris to be or become hazardous.

(d) Burn permits shall be displayed in a conspicuous area of the property viewable by Yreka Fire or Police Department personnel should they respond to a fire call. Permits are not transferable between applicants or parcels. Each person desiring to burn yard debris on their property, must obtain their own permit for each parcel upon which they desire to burn yard debris. Applicants desiring to burn plots of grass on vacant land must make arrangements with the chief of the fire department of the city.

(e) Any expense incurred by the city in suppressing any fire resulting from the burning pursuant to any such permit or for the protection of property endangered by burning pursuant to any such permit shall be borne by the permittee. The permittee, by applying for such permit, shall be deemed to have agreed to bear all such expense, and shall pay restitution charges based on actual costs of fire suppression.

(Ord. 608, 1967: Ord. 221 § 13, 1947).

(Ord. No. 832, § 1, 12-6-2012)

It is unlawful for any person to throw or deposit, or to cause to be thrown or deposited, any rubbish or waste matter, as the terms are defined by this chapter (except bricks, brickbats, cement, plaster, stones and gravel, and these only under a building permit), in or upon any vacant lot or in any back yard, or on or upon any street, alley, gutter, highway, park or public place in the city; or to deposit or place or keep any rubbish or waste matter except in the manner prescribed in Section 6.08.060.

(Ord. 221 § 14, 1947).

The director of public works, in collaboration with the city health officer, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection and disposal of garbage, rubbish and waste matter, not inconsistent with this chapter. Such rules and regulations, when published, shall become and are made a part of this chapter, and any person violating any one of such rules shall be punished as for a violation of this chapter, provided, however, that such rules and regulations shall be effective only when approved by resolution of the city council and when the same and such resolution shall have been published once in a newspaper of general circulation printed and published in the city.

(Ord. 221 § 15, 1947).

For the purpose of carrying out the collection of garbage the city council may, by resolution, provide for the entering into a contract with any suitable persons, firms or corporations, for a term not exceeding five years, for the right to collect and remove garbage and rubbish; such persons, firms or corporations shall be known as the city garbage collector.

(Ord. 382, 1964: 0th. 221 § 16, 1947).

Every wagon, cart, or vehicle used in the work of collecting and disposing of garbage and rubbish shall be kept clean on both the inside and outside, and all such vehicles shall have metallic or metal lined beds or metal containers, shall be watertight and equipped with proper covers so that the garbage shall not be offensive, and the garbage shall be loaded so that none of it shall fall, drop or spill upon the ground, and shall be protected from wind and rain.

(Ord. 221 § 17, 1947).

Any violation of this chapter, or the terms of his contract, by the city garbage collector shall entitle the city council to cancel and terminate its contract with the city garbage collector and to reject the contract.

(Ord. 221 § 18, 1947).

The city garbage collector, at the time of the execution of his contract, shall furnish and file with the city clerk a good and sufficient bond in the amount of two thousand dollars, with corporate surety, which bond shall be conditioned to secure the faithful performance of such contract.

(Ord. 221 § 19, 1947)

It shall be the duty of the director of public works, upon the adoption by the city council of a resolution directing him so to do, under the direction of the mayor, to gather, collect and dispose of by dumping, burning, distribution, or sale, all garbage, rubbish and waste matter, except as herein otherwise provided, within the city. The city council may authorize and empower the director of public works to dispose of the same in such manner as it may deem proper for the best interests of the city and in compliance with rules and regulations adopted and promulgated as hereinbefore provided. It shall be the duty of the director of public works, if so directed by resolution as aforesaid, or of the city garbage collector, if a contract be in effect to that end, to collect all garbage and rubbish in the city at least once each week and at such other times as the necessities of the particular case may require.

(Ord. 221 § 20, 1947).

Rules and regulations for waste disposal sites owned or operated by the city shall be set forth in resolutions adopted pursuant to this section and it shall be the duty of the director of public works to enforce such rules and regulations. The rules and regulations promulgated pursuant to this section may include requirements for permits, fees, and such other rules and regulations as are necessary for the orderly administration of the waste disposal site and such rules and regulations as may be necessary to comply with all applicable state and federal laws.

(Ord. 487, 1972).

For the purpose of collection the director of public works may divide the city into as many districts as may be deemed necessary for the convenient collection of garbage, rubbish and waste matter, and may fix a day or days upon which the same shall be collected in the districts. Such division and such fixing of day or days shall be deemed in effect from and after the publication of notice thereof in a newspaper of general circulation printed and published in the city. Such divisions and days may be varied from time to time, at the discretion of the director of public works, but any variation shall be effective only when notice thereof shall have been published in a newspaper of general circulation printed and published in the city.

(Ord. 221 § 21, 1947).

The director of public works, in the event of the adoption of a resolution as provided in Section 6.08.200, shall be and is authorized and directed to employ all foremen, laborers, clerks, routemen and collectors necessary for the collection and disposal of garbage, rubbish or waste matter by the city and is authorized to recommend the purchase or leasing, under provisions of the appropriate resolution of the city council, all necessary horses, wagons, trucks, trailers, or other vehicles, supplies or other equipment, or personal property necessary for carrying into effect the provisions of this chapter relative to the collection and disposal of garbage, rubbish and waste matter, subject, however, to the requirements of general law.

(Ord. 221 § 22, 1947).

Editor's note— Ord. No. 839, § 1, adopted Oct. 2, 2014, repealed § 6.08.230, which pertained to garbage service fees and derived from Ord. 221, § 23, adopted 1947.

It is unlawful for any person or persons other than the duly authorized collectors of the city, as prescribed by this chapter, to collect garbage or rubbish, or to interfere in any manner with a receptacle containing garbage or rubbish or the contents thereof, or to remove any such receptacle from the place where the same is placed by the owner or lessee thereof, or to remove the contents of such receptacle.

(Ord. 221 § 24, 1947).

It is unlawful for any person, firm, corporation or association to engage in the business of collecting garbage in the city, or to haul the same through the streets or public places of the city, unless such person, firm, corporation or association is an agent or employee of the city or is the regular garbage collector with whom the city has a contract, provided, however, that this section shall not be in effect unless and until the city shall itself engage in garbage collection in accordance with the provisions of Section 6.08.200, or unless it shall have in effect a contract with a city garbage collector as provided by Section 6.08.160 and unless and until compliance with the provisions of Section 6.08.080 shall have been had.

(Ord. 221 § 25, 1947).

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the city jail not exceeding six months, or by both such fine and imprisonment. Such person, firm or corporation, is guilty of a separate offense for each and every day during any portion of which violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 221 § 26, 1947).

(Ord. No. 832, § 1, 12-6-2012)