HomeMy WebLinkAboutOrd 51 ORDINANCE NO. 51
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
AMENDING CHAPTER 6.04 OF THE CATHEDRAL
CITY MUNICIPAL CODE RELATING TO REFUSE
DISPOSAL.
L
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. Chapter 6.04 of the Cathedral City Municipal Code hereby is amended
to read as follows:
Chapter 6.04
REFUSE DISPOSAL
Sections:
6.04.010 'Refuse disposal services by city.
6.04.020 Definitions.
6.04.030 Refuse collection service--Mandatory.
6.04.040 Containers--Provision required--Adequacy.
6.04.050 Frequency of collection.
6.04.060 Container specifications.
6.04.070 Improper keeping of refuse as nuisance.
6.04.080 Removal prohibited when.
6.04.090 Noncompactible solid waste.
6.04.100 Unlawful use of trash receptacles.
6.04.110 Burning of refuse prohibited.
6.04.120 Special pickups.
6.04.130 Establishment of rates and pickup schedules.
6.04.140 Unauthorized collectors.
6.04.150 Unauthorized removal of rubbish.
6.04.160 Collector and trucks.
6.04.170 Unauthorized use of containers of another.
6.04.010 Refuse disposal services by city. The city shall provide for and
furnish services relating to collection, transfer, and disposal of solid waste and
refuse within and throughout the city. Such services will be furnished either by city
officers and employees directly, or by contract agent or agents of the city.
6.04.020 Definitions. For purposes of this chapter:
"Collector" means the city's authorized agent (when a contract for refuse
`'g collection is in force) or the city officer in charge of refuse collection services
(when no such contract exists).
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"Garbage" includes all waste accumulations of animal, fruit, vegetable or
other matter that attends or results from the preparation, use, cooking, processing,
dealing in or storage of food, meat, fish, fowl, fruits or vegetables, including same
or parts thereof.
"Refuse" is a comprehensive term meaning any and all waste matter and
material, and includes garbage and rubbish.
"Rubbish" includes all waste matter other than garbage, soil, or rock material.
6.04.030 Refuse collection service--Mandatory. (a) Every person who owns,
and every person who occupies, any developed real property within the city, whether
at a residential location or otherwise, shall make or cause to be made with the city's
authorized agent (when a contract for refuse collection is in force) or with the city
(when no such contract exists) appropriate arrangements for regular refuse
collection services, and it is unlawful for any such person to fail, refuse or neglect
so to do. An occupant of property shall be deemed to have complied with this
subsection if the owner of the property has caused to be made such appropriate
arrangements for collection of refuse upon all portions of the property occupied by
said occupant. An owner of property shall be deemed to have complied with this
subsection if an occupant or occupants has or have caused to be made such
appropriate arrangements for collection of all refuse upon all portions of said
property.
(b) It is further unlawful, and a public nuisance, for any person to occupy or
inhabit any property within the city for which appropriate arrangements have not
been made and kept in full force and effect for regular refuse collection services, in
compliance with subsection (a) of this section.
(c) Every person having a duty, pursuant to subsection (a) of this section, to
make or cause to be made arrangements for regular refuse collection services shall
be liable for payment of the appropriate service fees and charges therefor to the
same extent and at the same times, irrespective of whether such person has or has
not made the appropriate arrangements for collection services in compliance with
subsection (a) of this section. Whenever the fees or charges for such services have
not been paid when due, all of the persons mentioned in subsection (a) shall be
jointly and severally liable for payment thereof (together with any applicable
penalties and interest) irrespective of which person may have made any existing
arrangements for collection services, provided that an occupant of only a portion of
a parcel of real property or premises shall be deemed liable only for the fees or
charges, or portion thereof, attributable to collection services for refuse produced
or to be produced or accumulated or to be accumulated by said occupant, and also
upon all portions of the property occupied by said occupant.
(d) Notwithstanding the foregoing provisions of this section relating to
which persons are liable for payment for refuse collection services, the city may
cause the collection of the fees or charges for such services, from the owner(s) of
property served, by means of collection on the tax roll in the manner prescribed by
applicable provisions of the Health and Safety Code and of the Government Code.
6.04.040 Containers--Provision required--Adequacy. It is the duty of every
Y>. person in possession, charge or control of any place within this city, in or from
which refuse accumulates or is produced, to provide, and at all times to keep in a
suitable place readily accessible to the collector, containers capable of holding
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without spilling all refuse which would ordinarily accumulate on such premises
between the times of two successive collections. At the time of collection, no
containers to be emptied shall be located inside locked gates or doors or in a fenced
or enclosed area used to restrain animals.
6.04.050 Frequency of collection. Every person in charge of a residence or
residences, whether single-family or multiple-family, shall make arrangements with
the collector, to have removed, not less than once a week, from the property upon
which the residence or residences are located, all refuse created or produced or
brought upon the premises. Every person in charge of a commercial or industrial
building shall not less than twice a week remove or cause to be removed from the
property upon which the building is located all refuse created or produced or brought
upon the premises; provided, however, that upon written approval by the health
officer, refuse created, produced or brought upon the premises of an industrial or
commercial building may be removed not less than once a week. This latter
provision, however, will not apply to food handling establishments from which refuse
shall be removed or caused to be removed not less than twice a week.
6.04.060 Container specifications. Every person in charge of a residence,
commercial or industrial business shall deposit or cause to be deposited all refuse in
standard containers or commercial bins as approved by the health officer and the
collector. A standard container shall be made of metal or plastic, watertight and
covered with a tight-fitting lid; tapered sides, two handles or bales, and shall not
exceed thirty-three gallons in size or fifty pounds gross weight when filled. If
approved by the collector, heavy duty plastic bags with ties, specifically designed
for refuse may be used in place of standard containers. No person shall maintain or
place for collection any container not in conformance with the standard container
designated in this section. Residences and dwelling units who furnish their own
containers shall be responsible for their maintenance, cleanliness and replacement.
No container shall be placed adjacent to a street or public right-of-way for
collection service more than twelve hours prior to the normal collection time and
shall be removed from the street or right-of-way location within twelve hours after
collection.
6.04.070 Improper keeping of refuse as nuisance. The keeping of garbage in
containers other than those prescribed by this chapter, or the keeping upon premises
of garbage or rubbish which is offensive, obnoxious, or unsanitary shall be unlawful,
shall constitute a public nuisance and may be abated in the manner now or hereafter
provided by law for the abatement of nuisances.
6.04.080 Removal prohibited when. It is unlawful for any person other than
the person in charge of a residence, commercial or industrial business or the person
authorized by law to remove any container from the location where the container
was placed by the person in charge for storage or collection, or to remove any solid
waste from the location the solid waste was placed by the person in charge for
storage or collection, without prior written approval of the person in charge.
6.04.090 Noncompactible solid waste. No person shall place noncompactible
solid waste adjacent to a street or public right-of-way for collection or removal
purposes without prior approval and arrangements with the collector.
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6.04.100 Unlawful use of trash receptacles. It is unlawful for any person
operating or connected with any business to place or deposit garbage or rubbish in
any container placed upon the public street by public authority, and meant primarily
for the disposal of rubbish by pedestrians using the sidewalk. Such persons and
business houses shall contract separately for removal of refuse in containers
maintained by the person or business house.
6.04.110 Burning of refuse prohibited. No person shall burn any refuse within
the city, except in an approved incinerator or other device for which a permit has
been issued by the chief building inspector, and which complies with all applicable
permit and other regulations of the air pollution control authorities, and provided
any such act of burning in all respects complies with all other laws, and rules and
regulations administered by the air pollution control authorities.
6.04.120 Special pickups. Subscribers to waste disposal service may order
special pickups of such things as landscape trimmings, discarded furniture, and other
items too large to fit in standard containers, subject to rates which have been
established from time to time by the city council.
6.04.130 Establishment of rates and pickup schedules. The council shall,
from time to time, establish rates and pickup schedules for collection and disposal
of refuse accumulated or produced within the city.
6.04.140 Unauthorized collectors. At such times as there is in force a
contract entered into by the city with any contractor for the collection and disposal
of refuse of the city or its inhabitants, it is unlawful for any person other than the
contractor or his agents and employees, to collect any refuse for hire within the
city. This section shall not, however, be deemed to apply to contractors or builders
removing debris, rubbish and trash from construction sites, any persons holding a
valid city business license to engage in the nursery or gardening business or to any
person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural
debris from any property owned or occupied by such person, or any person removing
industrial wastes or any person removing large or oversized items of rubbish from
their premises.
6.04.150 Unauthorized removal of rubbish. It is unlawful for any person, other
than a person holding a contract for the collection of rubbish, to take, remove or
appropriate for his own use any rubbish which has been placed in any street, or alley
for collection or removal, whether said rubbish is so placed in regular containers or
not.
6.04.160 Collector and trucks. (a) The collector shall provide sufficient
collection equipment to maintain a regular schedule of collection.
(b) Trucks used for the collection or transportation of solid waste shall be
leakproof and equipped with a closefitting cover which shall be affixed in a manner
that will prevent spilling, dropping or blowing of any solid waste upon the public
right-of-way during collection or transportation.
(c) All trucks used for collection or transportation of solid waste shall be
maintained in a clean and sanitary condition, neatly and uniformly painted, and shall
carry a shovel, broom and fire extinguisher.
(d) The person that owns any trucks used for collection or transportation of
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solid waste shall have his name, telephone number and truck number printed
on each side of all trucks in letters not less than three inches high.
(e) All garbage-conveying trucks, tanks, containers and other receptacles
shall be cleaned and disinfected both on the inside and outside thereof at least once
daily, and at all times shall be kept free from any refuse on the outside thereof.
(f) The collector shall maintain in good repair all containers furnished to
business establishments.
6.04.170 Unauthorized use of containers of another. It is unlawful for any
person to place refuse in, or to otherwise use the refuse container of another
person, without the permission, express or implied, of such other person.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 3. POSTING. The city clerk shall within 15 days after the passage of this
ordinance, cause it to be posted in at least the 3 public places designated by resolution of
the City Council; shall certify to the adoption and posting of this ordinance; and shall
cause this ordinance and its certification, together with proof of posting, to be entered in
the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of the City Council
held on May 18, , 1983, by the following vote:
Ayes: Councilmembers Case, Martin, Murphy, Smith and Mayor Krings
Noes: None
Absent: None
AYOR
ATTEST:
'/
C TY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
C ATTORNEY CITY MANAGER-
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I HEREBY CERTIFY that the foregoing Ordinance No. ,rj / was duly
adopted by the City Council of the City of Cathedral City, California, in a
meeting thereof held on the 18- day of 1983 , and that
the same was posted within 15 days of the abov date in at least the three
public places specified for such postings by the said City Council.
/d✓1d : / /. ����
• XI0E E. CL' M
CI Y CLERK
CITY OF CATHEDRAL CITY
C
000;101