Yuba County Municipal Code Ch. 6.39 Refuse Collection

It shall be unlawful for any person to collect, dispose of, transport, carry, or convey through the streets, alleys, or public highways or thoroughfares of the County any refuse, or to collect or dispose of the place where the same is placed by the owner or the keeper thereof or to remove the contents from such receptacle without first making application to the Board of Supervisors and receiving a license to engage in such occupation and entering into a contract for scavenger service to the public. The provisions of this Chapter shall not apply to persons hauling household refuse from their own residence nor to farming or agricultural operations, nor to municipalities or public agencies, nor industrial, commercial and business establishments or to building contractors or any of these hauling their own refuse or refuse generated by themselves, provided that such persons do not create a public or private nuisance and comply with all sanitary requirements for collection and transportation and disposal of such refuse.

(Prior Code, § 6.39.010; Ord. No. 492)

Applicants for a license under this Chapter shall file with the Board of Supervisors a verified application in writing on a form to be furnished and approved by the Director of Environmental Health which gives the following information:

(1) Name and description of the applicant.

(2) Permanent home and business address and full local address of the applicant.

(3) Trade and firm name.

(4) If a joint venture of a partnership or limited partnership, the names of all partners and their percentage of participation and their permanent addresses. If a corporation, the names and permanent address of all the stockholders and the officers and the percentage of participation of each.

(5) That the applicant owns or has under his or her control, in good mechanical condition, sufficient equipment to adequately conduct the business of refuse collection if granted a permit.

(Prior Code, § 6.39.020; Ord. No. 492; Ord. No. 1405)

The Board of Supervisors shall, at its discretion, grant the licenses provided for in this Chapter to applicants meeting the requirements specified in this Chapter. Licenses shall be issued without charge. The Board may refuse the issuance of a license upon the recommendation of the Director of Environmental Health and/or the County Health Officer.

(Prior Code, § 6.39.030; Ord. No. 492; Ord. No. 1405)

The license, when issued, shall be good until revoked by the Board of Supervisors. Any license shall be revoked if the licensee fails to comply with any of the provisions of this Chapter or any of the applicable ordinances of the County or health laws of the State or violates any of the provisions of his or her contract for scavenger service to the public.

(Prior Code, § 6.39.040; Ord. No. 492)

Every licensee hereunder, prior to his or her discontinuance of the service to others permitted by the terms of this Chapter, shall give a 30-day written notice to the Board of Supervisors of such intended discontinuance of service and shall complete all service promised or paid for.

(Prior Code, § 6.39.050; Ord. No. 492)

A refuse collector shall furnish scavenger service to all persons occupying or maintaining any premises within the area specified in his or her license requesting such service, provided payment for such service is made.

(Prior Code, § 6.39.060; Ord. No. 492)

(a) All trucks of the refuse collector shall be maintained in a clean and sanitary manner. The bodies of trucks used in the collection or transportation of refuse shall have beds of metal or of impervious material which can be cleaned, and such beds must be water-tight, leak-proof, and shall be equipped with proper covers approved by the Health Officer. The refuse collector shall provide adequate means to prevent refuse and contact water from escaping from the truck while collecting or transporting the refuse.

(b) Packer-type completely enclosed trucks shall be used to the fullest possible extent. Other suitable equipment as required by terrain, type of refuse to be hauled, or other special conditions may be approved by the Director of Environmental Health and/or the Health Officer.

(Prior Code, § 6.39.070; Ord. No. 492; Ord. No. 1405)

State Law reference— Similar provisions, Vehicle Code §§ 23114, 23115; local traffic regulations, Vehicle Code § 21.

(a) No person shall transport garbage over any public highway unless such garbage is contained in water-tight metal tanks, containers, or other receptacles, which in all instances shall be equipped with close-fitting metal covers, except as otherwise permitted by the Health Officer, and such covers shall be affixed to the tanks, containers, or other receptacles in such a manner as to prevent the dropping or spilling of any garbage upon the highway.

(b) All garbage-conveying tanks, containers, and other receptacles shall be cleaned by the collection service provider, both on the inside and outside thereof, immediately after being used and at all times shall be kept free from any garbage on the outside thereof.

(Prior Code, § 6.39.080; Ord. No. 492)

State Law reference— Similar provisions, Vehicle Code §§ 23114, 23115; local traffic regulations, Vehicle Code § 21.

(a) Each vehicle hauling refuse in the County under a license shall carry a shovel, broom, and a fire extinguisher in accordance with the specifications approved by the Director of Environmental Health.

(b) Each vehicle of the licensee shall at all times have in the cab, the registration of the truck, certificate of insurance card, and an identification card with the name and telephone number of the person to phone in case of an accident.

(Prior Code, § 6.39.090; Ord. No. 492; Ord. No. 1405)

No person shall leave trucks loaded with refuse parked for over a 24-hour period.

(Prior Code, § 6.39.100; Ord. No. 492)

The keeping of garbage other than in containers prescribed by this Chapter or the keeping upon premises of garbage or rubbish which is allowed to become offensive, unsightly, or a health hazard in the opinion of the Health Officer shall constitute a nuisance.

(Prior Code, § 6.39.110; Ord. No. 492)

It shall be the duty of the Director of Environmental Health and/or the Health Officer to enforce the provisions of this Chapter within the unincorporated area of the County.

(Prior Code, § 6.39.120; Ord. No. 492; Ord. No. 1405)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.