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HomeMy WebLinkAbout1954-11-02; City Council; 5020A; Garbage/rubbish collection, transportation, disposal & rqd permitORDINANCE NO. 5020-fl AN ORDINmCE BEGULATIHG THE COLLECTIOM, TBkNSPORTATION ArJD DISeOSAL OF GaRBAGE AND RUBBISH WITHIN THE CITY OF CABLSBAD AEJD RXQUIBING A PSRMTT THEREFORE. The City Council of the City of Ca-rlsbad does ordain as f ollows : SECTION 1. DEZTNITIONS. For the p.urpose of this Ordinance, certain words and phrases shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended. (a) GaRBAGE. "Garbagen is a.ny and all refuse and waste material derivied from the preparation, use and consumption of meaSs and all &e-& W, e&ia&s- , m, fruits, vegetables, and any other and food noxlous or offensive matter or material usually and ordinarily re- ferred to as garbage or market refuse. (b) RUBBISH. UBubbishn is refuse matter, combustible and non-combustible, including tin cans, bottles, papers, ashes, wire, box strappings, packing materials, lawn trimmings, trees, plants and other nursery stock, crockery, glass, brick, cement, motor vehicle bodies and discarded mechanism, and a11 other material and matter similar to that herein mentioned. (c) SHALL AND HAY. "Shall" is mandatory and Itmay'$ is permissive, (d) PUBLIC DUIXP. ttPublic duiip1# or "public dumping ground" is any parcel or plot of ground on which garba.ge or combustible or non-combustible rubbish not originating tnerein is deposited either with or without permission of the owner of said parcel OF plot of ground and with or without compensation being paid to said owner for the privilege of depositing said material. ..- SZCTfOE 2. G.ABBAGE RECEPT:IC-LE RECUIDED. No person shall deposit, keep or accumulate any garbage in or upon any lot or parcel of land, or upon any public or private drive, alley or street, or in any house, store or restaurant, or other place, mihess such garbage be encLosed in a fly-proof, receptacle with close fitting cover and handles, which shall be of a type and size approved by the Public Works Director. expense of the person producing or accumulating such garbage, and shall be kept in the rear of the premises, except that such garbage re- ceptacle may be placed in the street or alley where collection of such garbage is made at the date and hours specified by the Public Works Director. provided with Such receptacle shall be provided by and at the SECTTOX 3. GARBkGE RECEPTACLE CLE&\TLl>TESS, No person shall allow grease or other decomposing material to accaulate on the ex- terior of said receptacle. SECTION 4. GARBAGE PSCEPTIZCLE COW3 REQUIRED, No person shall permit said receptacle to remain uncovered or open, or in such condition tnat flies or verlnin may obtain access thereto, except when necessary to place garbage therein or remove garbage therefroril, ad when the cover is removed therefrom for such purposes it shall be imediately replaced. c_ SI%TIOrJ 5. -." GQRBAGZ RECEPTACLE ElTEWZFXX, w1TK other than the owner thereof, or an employee of the City, or a person holding a contract with the City for the collection of garbage, shall interfere in any manner with any such receptacle or the contents there- of, or remove any such receptacle from the location where the same was placed by the owner thereof, or remove the contents froa any such receptacle. Mo person shall place in such receptacle any substance other than garbage. lu o person , SECTION 6, TKWSPORTINC GXRELAGE, IVo person shall carry, con- vey or transport garbage through any street, alley or public place in the City, un3ess such person is an enployee of the City in per- formance of his duties, or enployee or perinittee of a person holding -2- a Certificate of Public Mecessity ad Convenience from the City for such removal, or is the owner of the premises on which such garbage was created. SECTIOlLr 7. RUBBISH RBCEPTACLE REQUIRZQ* A11 rubbish shall be kept entirely separate ad distinct from garbage and shall be kept in receptacles or at locations on private premises in accordance with the provisions of this Ordinance so as not to becone a health or safety hazard, and in a manner satisfactory to the Chief of the Fire Department, to the Chief of Police and to the Public viorks Director. Such receptacle shall be provided by and at the expense of the person producing such rubbish. SECTIOIY 8. RULES FOR RUBI33SZ COLLECTZOT\T, The following rules shall apply to the accwulatio_r and collection of rubbish: (a) EOURS OF COLLECTIOTT. Trash and rubbish shall be placed in the alley or street only on the day established for collection thereof or not earlier than six ofclock P,M, of the preceding day. At all other times, such trash and rubbish shall be kept upon private premises In accordance with Section 7 of this Ordinance. (b) SIZE !LAD WEIGHT. liubbish receptacles, when placed for collection, shall have a capacity of not to exceed twelve cubic feet, shall not weigh%& than 30 pounds, and shall be strong enough so that the same vi11 not break when lifted, ~ and the combined Trleight of the receptacle and contents shall not exceed sixty pomds. %@e (c) ASIBS. Ashes shall be placed in a separate container which may be taken by the collector and the combined wight of the contain- er and. contents shall not exceed sixty pounds. (d) TEiEIE TRII4HINGS. 'Tree trimmings and shrub trimmings shall be cut into lengths of not more than two feet and placed in a contain- er or cut into lengLhs of not more than three feet and securely tied in bundles of not to exceed twelve inches ia diaaeter. (e) ROSE AND 3ERRY ViiES. Rose and berry vine clippings shall be placed in containers to be taken by the collector. -3- .. *. (T) C-RATIKG; Crating shall be broken and bundled into lengths not exceeding three feet. (g) P.APERS. Papers shall either be placed in a container or tied in bmdles. (h) MAXI?~FJ?~l AMOUNT, Each pickup from each place of service shall not exceed two cubic yards, and the combined weight of rubbish and receptacle shall not exceed seventy-five pounds. No rubbish in excess of that above specified and no earth, dead animals or waste materials resulting from building construction or repair OT mam- faeturing processes shall be collected unless special arrangements shall be izade for the col-lection thereof, ~hich arrangements shall be a private contracDW made between the owner of such rubbish and the person holding the Certificate of Necessity and Convenience for the collection of rubbish from the City of' Carlsbad. SECTIQE: 9. G!GiBkG%, 3lXGII:G OR BbXYTKG, Ho person shall burn, bury or dispose of any garbage otherwise than by depositing the same in said receptacle as above defined, dthout first obtaining a written permit so to do fron the Public works Director, or in case of emer- gency, from the Chief of Police, but this Section sliall not prohibit the reduction of garbage to a 1j.qui.d condition and disposing of the same as seugage, or the bwliipg of garbage i.n approved. nnanufactnred gas blc;L.r:?e r s . SZCTION 10. EAULLFiG GB3AGE kU.1 gailba-ge and. rubbish, after collection, shall be removed and. disposed of 0utsid.e or" the corporate lini-ts of the City, or' at sone location in the City which shall be ap;osoved by the City Council. 30 person shall haul, carry or trans- port any garbage through the City or along or over any public street or public glace in the City except in iratertight covered wagocs, motor vehicles or carts, and so that the contents thereof shall not be offensfve; and said motor vehicles, wagons or carts shail be so loaded a.nd operated that none of their contents shall fall or spill therefrom, and every vehicle, wagon or cart used for such purposes shall be kept In a clean and sanitary condi-t;ion. -4- SECTION 11. HAULING RUBBISH. No person shall ha any rubbish, sand, gravel, manure or refuse of any kind public streets or public places of the City, unless the instrumentality used in transporting, hauling or carpyi shall be so constructed or covered that none of the mat ed in said vehicle or instrumentality will spill or fa1 SECTION 12. PUBLIC DUPP. PBENIT REQUIRED. No p maintain or operate a public dump without first obtaini City Council a written permit so to do. SECTIOH 12. PUBLIC DUMP. APPLICATXON. All appl permits to operate a public dump shall be accompanied b ing : (a) A map or plat prepared by a registered civil showing the boundaries of the proposed dumping ground, a detailed description thereof. (b) A title report or certificate of title, da.te da.ys of the date of said application, issued by a respc company, showing the record owner of the proposed dumpi if said record the same person as the applicant then a written consent from said record owner authorizi said property for the purpose specified in the applicat (c) An agreement in writing signed by the applic owner of the propePty *hat they will cease and desist f said dumping ground at any time the State, County or Ci Officer, certifies to the City Council thst the continu use of said dumping ground is or may become detrimental health or safety and that, should they fail to so cease upon orders of the City Council after such findings by Officer, that they will. pay to the City all costs and e cluding attorney fees should the City Council be conpel to court Ection to enforce its order, providing such ac in a judgment in favor of the City. 1 or carry over the vehicle or g the same rial contain- therefrom. rson shall g from the cations for the follow- engineer ogether with within ten sible title g ground and, or permit, g the use of on. nt and record om operating y Eiealth nce of the to the public and desist he Health penses in- ed to resort ion results (d) A bond approved by the City Council in the for each acre of ground included in said duping area thereof, to guarantee that all rubbish. and other mater moved and the ground levelled off at any time said dum zbandoned for said purpose or at aw time the State, C Health Officer certifies that said dumping ground has menta.1 to the public health or safety, SBCTION 14. PEKfiIIT FEE. If the City Coumil s said application for permit, applicant, before comme tion of said dumping ground, shall pay to the City a the sum of qZ00,OO for each acre of ground describe ed to the application, payable in advance at the f;i issued, SECTION 15. PEllillIT, CONDITIONS. In the granting to operate a public dump, the City Council may att as in its judgment may be necessary to properly pr health, safety, connf ort and general welfare and m and quantity of materials to be deposited and the of the same and may limit OF prohibit the burning if in its judgment such burning will endanger or surrounding property or the persons residing thereon. SSCTION 16. PERHIT. ASSIGKN2NT. Mo permi may be assigned OT otherwise transferred by the p obtaining the written consent of the City Council assignment or transfer. If such consent is give all. tne provisions of this Ordinance applicable to the pe likewise be applicable to the assignee, SECTION 17. BE'\TOCATION OF PEBRXTS. if any person permit has been issued shall violate any of the provisio Ordinance or State or Federal law pertaining to the subj this Ordinance, the CLty Council may revoke such permit, however, that no pemit shall. be revoked until after a as hereinafter provided has been had by the said City C matter of the revocation of said permit. Notice of sai shall be given in writing and served upon the holder of 1 -6- , or on one of the persons to whom such permit is issued when the same is issued in the nane of more than one person, or his or their agent or manager, which notice shall state the ground of complaint against the holder and shall state the time and place where and when such heari-ng shall be had, Such notice shall be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to the permittee at the last known addpess of such person on file in the office of the City Clerk or auflding Inspector. Such notice shall be nailed as hereinabove provided at least five days prior to such hearing. It shall be the responslbility of the permittee to maintain his proper address on file with the City Clerk or Building Inspector and no failure on the part of the per- mittee to receive said notice shall operate as a bar to any proceeding or affect its validity. SECTION 18. I3HINGING GUKBAGE OB EUBBISH INTO CITY. €40 person shall bring, ca.rry, transport or convey into the City from points without said City a-oy rubbish or garbage, or place, deposit, leave, dump, bury or burn the same upon any property within said City, not- withstanding that the owner of such property consents thereto, unless such person shall first have applzed for and received frorn the City Council a permit in writing to do any or all of the acts in this Section enumers-tea. Nothing herein contained shall prohibit the transportation of rubbish to a public dump operating wit~-'%he City pursuant to a written permit issued by the City Council, SE;CTION 19. HAULIHG ARB DUPIPIWG GfliXBAGE OR BUBBIXK. No person shall convey any garbage or rubbish upon or along any street within the City or deposit the same on any publlc or private property, unless said property is lawfully maintained as a public dumping ground, with- out first obtaining a written permit from the City Council so to do, and in granting such permit the City Council may attach thereto such terms and conditions as in its judgment the public health, safety and general welfare may require. Subject to the provisions of any health or fire control ordinance now in effect or hereafter adopted or any state law requiring permits from the health department or Chief of 4 -7- the Fire Department, no permit shall be required in any case in which such rubbish originated and is buried or deposited and burned on the premises owned or occupied by the person so burying, depositing or burning the same. to any persons in the employ of the City while on duty as such em- ployee, or to any person with whom the City has entered into or mey hereinafter enter into a contract for the collection, rexoval, dis- posal and coaveyance of' garbage, marrket refuse or combustible or non- combustible rubbish, or to any employee of such contractor durlng the time such contract is in force. The provisions of this Section shall not apply SECTION 20. DEPOSITS OB PUBLIC OR PRIVAZIE PBOPEETY. NUISANCE_. No person shall deposit or place in any ditch, arroyo or strom drain, or upon an;y street or park without first obtaining a perait therefor from the City's Clerk, or upon any lot belonging to another without written consent of the owner thereof approved by the City clerk, or upon his or their own lot in such a manner that the same is or may become a nuisance, any baling wire, tin cans, bru$h, tree trimmings, ashes, earth, dirt, st;ones, paper, dead animals, mbbisli, refuse of any kind, or other matter. r Gd \k SECTION 21. DH%SIT GF SBWAGS. ETC, EXCBPTIOHS. Except as otherwise provided in this Ordinance no person shall permit the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, butc'nei. shop offal, market refuse, garbage, rubbish, cans or any dead animal, dead fowl or ~.ny putrid or offensive animal or vegetable matter, to remain or be de- posited or discharg&,upon the surface of the ground or on %k@ any premises, lot, or in any building, basement, or in any public street, OF into any standing water, stream or excavation or public place. Eothing herein contained shall be deeined to prohibit the de- positing of rubbish in any lawfully existlng public dump, or keeping on the premises for no$ more than 30 days, in a substantial and ade- quate container, any rubbish other than garbage and shop offal, or depositing and keeping for not over seven days, in a tight receptacle -8- with close-fitting cover, garbage and butcher shop offal, or feeding garbage and maket refuse to fowls or animals, providing the sane does not constitute a nuisance or a menace to public health. SZCTION 22. CEHTIFICATE OF PUBLIC NECESSITY Aim CONVENIENCE E.EQUIRED. Mo person shall engage in the business of providing garbage and rubbish collection service within the City without having obtained a Certificate of Puklic Necessity and Convenience in accord- ance with the provisions of this Ordinance. SECTION 23. APPLICATION FOB CERTTPICATX, Any person desiping to obtain a certificate required by the preceding Section shail pay a fee of $15.00 to the city clerk, 2nd shall make a verified applica- tion for such Certificate to the City Council, which application shall set forth: (a) The name and business address of the applicant, together with the names of all persons finzncialiy interested in the bvsiness of the applicant. (b) A complete schedule of rates to be charged, with such rates 4w being based upon a bi-weekly collection of garbage and rubbis'n. (c) k description of equipment which applicant proposes to use. (d) The proposed paintie or coloring of all equipment. (e> Statemen-t of the applicant that he will rencler to all persons so requesting garbage md rubbish collection at the rates set forth in said application. (f) Sj-tatement and offer from the a2plicant that he will pay quarterly to the City of Carfsbad a sum of money equal to five percent (5%) of the gross receipts of the applicant's business of collecting garbage and rubbish within the City of Carlsbad, (g) Statement of the applicant that he will subrnit to finger 'printing by the Chief of Police, and that he will fmther conform to all statutes, laws and regulations pertaining to the operation of motor vehicular equipment within the City of Carlsbad. S3CTION 24. ;4%AtUNG ON tll3PLICATTON Upon receipt of any application referred to in Section 23 above, the City Clerk shall set a time not less than ten nor more than thirty days therezfter for the heari'ng of said application before the City Council, and shall give -9- notfce of the time so set at least five days before the date of said hearing to the applicant, 'cy mail, at the address set out in such application, and by publication ofmtice of such application and date of hearing in a newspaper In the City on one day of publication. When setting the hearing, the Clerk shall refex- the application to the Chief of Police for investigation of facts contained therein; the Chief shall fmnediately inquire into said facts and shall investigate the character and moral backgrouna of applicant, and shall be prepared to submit results of said investigation to the City Council when so re quested. SECTION 25. ISSUANCZ OF PEBiYIlT At the tirile set for the hearing of such application, ,the City Council may examine the appli- cant and all persons interested in the matter set forth in said appli- cation, and shall determine whether or not tine public interest, con- venience and necessity require the issuance of the certificate applied for, and if it be found by the Council that the public interest, convenience and necessity require the issuance of the certificate applied fay, it shall d certificate in sccoraance with said application. The certificate as issued shall specify a term, adopt 'cy reference the terms of the applic- ants application, and imposs such other terms and conditions 8.s the City Council deems necessary and reasonable. resobution order the City. Clerk to issue a i 1" SECTION 26. GFiOUNuS FOR REVOCATIOM. -Any certificate or pemit granted under tne provisions of this Ordinance may be revoked by the City Council, after five (5) days notice to the certificate holdler, requiring him to appear at a certain time and place to show cause why said certificate should not be revoked for army of the following reasons: That the consideration due and owing to the City of fJarLsba (a) as tendered in the original application, has not been paia to the City of Carlsbad. (b) For failure to observe any of tne rules and regulations and provisions set out in tnis Ordinance or in the certificate. (c) For the violation of any of the laws of the Stzte OF Ordinances of the City. - 10 - (dj (e) For imposi-% rates in excess of those set forth in the For failure to aaintain satisfactory service to the public. application. (f) Por aqy cause which in t’ne opinion of the City Council makes it contrary to public interest, convenience and necessity for the certificate to be continued. SECTION 27. kpPLICATIOI\T FOB PERT4fSSIOM TO CHUITGZ. In the event the certificate holder desires to change any of the matters set forth in his original application he shall make application for permission to do so from tne City Council, which permission shall be granted, if in tile discretion of the City Council, public interest, necessity and coavenience will be served by such change. In the event the Certificate holder desires to sub-contract, sub-let or permit any person other than himself to operate under the provisions of the permit, application for such,condition shall be made to the City Council as hereinbefore set forth; and if permission be granted, such sub-contractor, stlb-lessor or permittee shall be subject to the provisions of this Ordinance to the same extent W- the original as certificate holder. SECTION 28. CONSTITUTIONALITY. If any provision of this Orainance, or t’ne application thereof to army person or circumstance is held to be invalid, the remainder of this Ordinance or the appli- cation of said provisions to other persons or circumtances shall not be affected thereby. SECTION 29. PEXALTY FOR VIOLATION. An27 person who shall, violate any of the provisions of this Ordinance, or of any permit issued by the City Council hereunder shall be guilty of a misdemeanor and upon conviction thereof, be fined not more than Five Hundred ($500.00) Dollzrs or imppisoned in the jail provided by the City of Carlsbad for not moTe than six (6) months, or both. SECTION 30. BFPECTiT& DATE. This Ordinance shall take effect and be in force on the thirty-first day from and after its final passage. SECTiON 31. PUBEICATIOK. The city brk of the City of Carls- bad is hereby directed to cause this Ordinance to be published once in 11 the Carlsbzd Journal, ii newspaper published ad of general circulation in said City of Carlsbad. First read at a. regular meeting of' t9e City Council of said City held on the 19th day of Octtober 9 1954, and finally adopted and ordered published at a regular meeting of said Council held on the 2nd day of EJovember > 1954, by the following vote : AYZS : Comoilmemz Castomna, Ede Helton , byor %C2.ellaul. jqayor of the City of Carlsbad, California. - 12 -