Yuba County Municipal Code Art. 1 General Provisions

The purpose of this Chapter is to reduce fly and rat populations; to eliminate garbage and rubbish as a breeding site for flies and a food source for rats; to prevent nuisances and hazards to public health caused by improper garbage and rubbish storage and removal; and to comply with Public Resources Code Div. 30, Pt. 2, Ch. 2, Art. 1 (Public Resources Code § 41000 et seq.) and the recycling goals set forth therein and properly adopted implementing regulations.

(Prior Code, § 7.05.100; Ord. No. 1276)

(a) This Chapter shall apply to all territory embraced within the unincorporated limits of the County of Yuba, State of California.

(b) No provision herein contained shall be construed to conflict with any provision of the California Integrated Waste Management Act of 1989 (Public Resources Code § 40050 et seq.), the Medical Waste Management Act (Health and Safety Code § 117600 et seq.), or any other State law. In the event such a conflict exists, or shall exist in the future, State law shall be controlling. This Chapter is not intended to, nor shall it, apply to solid waste disposal facilities.

(Prior Code, § 7.05.110; Ord. No. 1276)

Refuse pickup is mandatory within designated areas, as hereinafter defined, of the unincorporated area of the County.

(Prior Code, § 7.05.120; Ord. No. 1276)

As used in this Chapter, unless the context otherwise clearly indicates, certain words and phrases used herein are defined as follows:

(1) Agricultural waste means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings and crop residues.

(2) Collector means any refuse disposal company with whom the County may contract to provide the residents and property owners of the County with refuse collection.

(3) County means the County of Yuba, a political subdivision of the State of California.

(4) Director means the Director of the Environmental Health of the County of Yuba, or his or her authorized designee.

(5) Farm or ranch means property that is devoted entirely to commercial agricultural purposes, including, but not limited to, the feeding and raising of livestock or poultry.

(6) Mandatory pickup areas means the geographical areas located in the County of Yuba as depicted within the dashed lines on Exhibits A and B, attached hereto and incorporated herein by the reference. The mandatory pickup areas on Exhibits A and B shall be amended by the Director to include new urban Specific Plans or expansion of existing urban areas, upon the Specific Plans or urban development projects being approved by the Board of Supervisors. Such exhibits are hereby adopted by reference.

(7) Owner means the legal owner of any property subject to this Chapter.

(8) Refuse means recyclables, garbage, or other material including, without limitation, the accumulation of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, fruits, or vegetables, and containers originally used for foodstuffs; lawn and garden refuse such as leaves, grass cuttings, roots and weeds from which the soil has been removed, trimmings from trees or shrubs, plants and similar materials; construction and demolition debris and other trash and rubbish normally disposed of in a class III landfill, as defined by the State regulations. "Refuse" does not include agricultural waste produced on a farm or ranch.

(9) Subscriber means the owner or any other person who has subscribed for refuse collection service from the collector.

(Prior Code, § 7.05.130; Ord. No. 1276; Ord. No. 1405)

State Law reference— Adoption by reference, Government Code § 50022.1 et seq.

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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.