HomeMy WebLinkAbout1971-09-21; City Council; 6045; CMC 6.09 adds - Garbage collection4
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organization, partnership, business trust, joint venture,
corporation, or company and includes the United States, the State
of California, the County of San Diego, the City of Carlsbad,
cities, districts, and any officer or agency thereof.
(b) GARBAGE. "Garbageti means the putrescible animal, fish,
fowl, fruit, or vegetable refuse, or any thereof, resulting from
the preparation, storage, handling, or consumption of foods.
Garbage shall include Tiswill.lt
(c) RUB-BISH. "Rubbish" means all non-putrescible refuse .
(d) CITY, or CITY OF CARLSBAD. "Cityv1 or "City of Carlsbad"
means that portion of the incorporated territory of the City of
Carls bad.
Section 6e09.020. REQUIRED GARBAGE DISPOSAL THR0UClr-I AUTHORIZED
0
ORDINANCE NO. 6045
AI? ORDINANCE ESTABLISHING MANDATORY GARBAGE COLLECTION WITHIN THE CITY OF CARLSBAD ADDING CHAPTER 6.09.
The City Council of the City of Carlsbad does ordain that
there is hereby added to the Carlsbad Mu
6.09 which shall read as follows:
SECTION 6.09.010. The definitions contained in this Chapter shal
govern the construction of this Chapter unless the context other-
wise requires .
al Code Chapter
COLLECTOR. Effective October 1, 1971, every person in possession,
charge or control of any place or premises in the City of Carlsbad
in, upon, or from which garbage is created, produced or accumulatt
shall dispose of such garbage through the regular garbage collec-
tion service of the City of Carlsbad or its authorized collector,
and shall pay therefor the fee or fees hereinafter established,
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Section 6,09.030. REQUIRED PROVISION OF APPROVED GARBAGE
Carlsbad shall be deposited in a container or%containers of a type
approved by the City Manager of the City of Carlsbad, equipped
with suitable handles and a tight-fitting cover, 2nd water tight.
Every person in possession, charge or control of any place or
premises in, upon, or from which garbage is created, produced
or accumulated shall provide a sufficient number of such gar-
bage containers of sufficient capacity to hold all garbage which
is created, produced, or accum ated on such place or premises
between the time of successive collections by the City of
Carlsbad or its authorized garbage collector. All garbage created
Section 6e09,OSO. It shall be unlawful for any person, firm
or corporation having garbage or rubbish collected and disposed
of as herein provided, to willfully fail, neglect, or refuse
after demand by the City of Carlsbad, or its duly authorized
agent or employee, to pay the fees herein prescribed for services
Payments will become due on the last day of each calendar month
and shall become delinquent ten (10) days thereafter. In addition
to all other remedies available by law or established by this
Section 6.09.040. RATE OF CONPENSATION FOR COLLECTION: The
rates and fees to be paid for services rendered in the collection
pension of service,
Section 6.09e060. It shall be unlawful for any person, firm
or corporation to keep or deposit any garbage or swill on any
premises except in a can or other receptacle of the type per-
mitted by this Chapter or to bury any garbage, swill, or
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rubbish; provided that this provision shall not apply to a
person, firm, or corporation holding a contract with the City
of Carlsbad for, or to persons, firms, or corporations actually
engaged, with the permission of the City of Carlsbad, in the
collection or disposal of garbage, swill, or rubbish.
Section 6.09.070. It shall be unlawful for any person,
other than authorized agents or employees of the City of
Carlsbad, to collect, remove, or dispose of garbage in the City
of Carlsbad; provided, however, that nothing contained herein
shall prevent the use of garbage disposal devices as regulated
by the City of Carlsbad Plumbing Code.
Section 6.09,080, It shall be unlawful for any person, firm
or corporation to burn garbage and swill within the City of
Carlsbad.
Section 6,09,090. It shall be unlawful for any person9 firm
Or corporation within the City of Caslsbad to hinder access of
the collectors to the garbage containers.
Section 6.09.110. The City of Carlsbad may enter into a
contract or contracts under such terms or conditions as may be
agreed upon and as may be seen fit by the City of Carlsbad for
the collection and disposal of 211 garbage, swill, or rubbish
or any part or portion thereof within the City of Carlsbad,
Section 6.09.120. Savings Clause, All Code provisions,
ordinances, and parts of ordinances in conflict with the pro-
visions of this Chapter are hereby repealed, With respect,
however, to violations, rights accrued, liabilities incurred,
or appeals taken, prior to the effective date hereof, under any
chapter, ordinance, or part of an ordinance hereby otherwise
repealed, all provisions of said chapter, ordinance, or part of
an ordinance shall be deemed to remain in full force for the
purpose of sustaining any proper suit, action, or other pro-
ceedings, with respect to any such violation, right, liability
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or appeal .
Section 6.09.130. Re-enactment. The provisions of this
Chapter, insofar as they are substantially the same as existing
Code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not
as new enactments.
PUBLIC HEALTH, SAFETY AND URGENCY. It is hereby found and
determined that there is an urgent need for the immediate
establishment of a mandatory system for the collection of gar-
bage within the City of Carlsbad for the immediate preservation
of the public peace, health and safety for the following rea-
sons .
1. That the present system of garbage collection does not
assure the adequate and regular disposal of garbage and refuse
on a regular basis with respect to the City as a whole, and
2. The present system of garbage collection in many
instances places an unfair economic burden upon those who
choose to pay for the service,and
3. It is found that provision by the City of Carlsbad
for mandatory garbage collection service is a direct benefit to
all premises and places in or from which garbage is created,
accumulated or produced and to the owners and occupants there-
of.
EFFECTIVE DATE: This ordinance shall take effect immediate1
because it is for the immediate preservation of the public
peace, health and safety.
PUBLICATION: The City Clerk of the City of Carlsbad is
hereby directed to cause this ordinance to be published once
in the Carlsbad Journal, a newspaper published and of general
circulation in said City of Carlsbad.
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INTRODUCED, PASSED, APPROVED, AND ADOPTED at a regular
meeting of the City Council of the City of Carlsbad, held
September 21st, 1971, by the following vote, to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis.
NOES : None.
ABSENT : None.
ATTEST:
CERTIFICATION OF THE CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss. 1
1 CITY OF CARLSBAD. 1
I, Margaret E, Adams, City Clerk of the City of Carlsbad, California, do hereby certify the foregoing to be a true and exact copy of Ordinance No. 6045 of said City, duly passed, approved and adopted by the City Council of said City on the date and by the vote therein recited.
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