Loading...
HomeMy WebLinkAbout090ORDINANCE NO. 90 AN ORDINANCE OF THE CITY OF IRWINDALE ADDING CHAPTER 3 TO ARTICLE V OF THE IRWINDALE MUNICIPAL CODE RELATING TO GARBAGE AND REFUSE COLLECTION The City Council of the City of Irwindale does ordain as follows: SECTION 1. Chapter 3 is hereby added to Article V of the Irwindale Municipal Code to read as follows: ARTICLE V - SANITATION AND HEALTH CHAPTER 3 - GARBAGE AND REFUSE COLLECTION 5300. DEFINITIONS. For the purpose of this Chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. 5300.1. GARBAGE. "Garbage" is any and all refuse and waste material derived from the preparation, use and consumption of meats and food and all dead fish, animals, fowls, fruits, vegetables, and any other noxious or offensive matter or material usually and ordinarily referred to as garbage or market refuse. 5300.2. RUBBISH. "Rubbish" 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 all other material and matter similar to that herein mentioned. 5300.3. PUBLIC DUMP. "Public Dump" or "public dumping ground" is any parcel or plot of ground on which garbage or combustible or non- combustible rubbish not originating therein is deposited either with or without compensation being paid to said owner for the privilege of depositing said material. 5301. GARBAGE RECEPTACLE REQUIRED. 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, unless such garbage be enclosed in a fly- proff, water -tight receptacle with close fitting cover and provided with handles, which said receptacle shall have a capacity of not less than four gallons nor more than sixteen gallons. Such receptacle shall be provided by and at the expense of the person producing or accumulating such garbage and shall be kept in the rear of the premises, except that such garbage receptacle may be placed in the street or alley where collection of such garbage is made not earlier than six d clock P. M. of the day preceding the day of collection as designated by the City. Such receptacle shall be removed by six o'clock P. M. of the day of collection. r. 5302. SAME. CLEANLINESS. No person shall allow grease or other decomposing material to accumulate on the exterior of said receptacle. 5303. SAME. COVER REQUIRED. No person shall permit said recep- tacle to remain uncovered or open, or in such condition that flies or vermin may obtain access thereto, except when necessary to place garbage therein or remove garbage therefrom, and when the cover is removed therefrom for such purposes, it shall be immediately replaced. 5304. SAME. INTERFERENCE WITH. No person, 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 thereof, or remove any such receptacle from the location where the same was placed by the owner thereof, or remove the contents from any such receptacle. No person shall place in such receptacle any substance other than garbage. - 1 - 5305. TRANSPORTING GARBAGE AND RUBBISH. No person shall collect, carry, convey or transport garbage or rubbish upon or through any street, alley or public place in the City, unless such person is an employee of the City employed for the removal of such garbage or rubbish, or is an employee of a person who has a contract with the City for such removal, or less such person has first obtained a written permit from the City Council prescribing the terms and conditions under which such garbage or rubbish may be transported. 5306. RUBBISH RECEPTACLE REQUIRED. All rubbish shall be kept entirely separate and distinct from garbage and shall be kept in recep- tacles or at locations on private premises in accordance with the provisions of this Code so as not to become a health or safety hazard, and in a manner satisfactory to the Chief of the Fire Department, to the Ciief of Police and to the Superintendant of Streets. Such recep- tacle shall be provided by and at the expense of the person producing such rubbish. 5307. RULES FOR RUBBISH COLLECTION. The following rules shall apply to the accumulation and collection of rubbish, whether collected by the City or by a private person under contract with the City, to -wit: 5307.1. HOURS OF COLLECTION. Trash and rubbish shall be placed in the alley or street only on the day established for collection thereof or not earlier than six o'clock P. M. of the preceding day. At all other times, such trash and rubbish shall be kept upon private premises in accordance with Section 5306. 5307.2. SIZE AND WEIGHT. Rubbish receptacles, when placed for collection, shall have a capacity of not to exceed twelve cubic feet and shall be strong enough so that the same will not bread when lifted, and the combined weight of the receptacle and contents shall not exceed seventy-five pounds. 5307.3. RECEPTACLE MARKING AND STRENGTH. Rubbish receptacles which are not to be taken by the collector shall have the street number of the place receiving service marked thereon in legible figures at least two inches high. Any rubbish receptacles not strong enough so that the same will not break when lifted may be taken by the collector. 5307.4. TREE TRIMMINGS. Tree trimmings and shrub trimmings shall be cut into lengths of not more than two feet and placed in a container or cut into lengths of not more than three feet and securely tied in bundles of not to exceed twelve inches in diameter. 5307.5. ROSE AND BERRY VINES. Rose and berry vine clippings shall be placed in containers to be taken by the collector. 5307.6. CRATING. Crating shall be broken and bundled into lengths not exceeding three feet. 5307.7. PAPERS. Papers shall either be placed in a container or tied in bundles. 5307.8. MAXIMUM AMOUNT. Each pickup from each place of service shall not exceed two cubic yard, and the combined weight or 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 or manufacturing processes shall be collected unless special arrangements shall be made for the collection thereof, which arrangements shall provide for the payment to the City or to the collector of an amount clerly sufficient to cover the costs of removal and disposal. 5308. GARBAGE. BURNING OR BURYING. No person shall burn, bury or dispose or any garbage otherwise than by depositing the same in said receptacle as above defined, without first obtaining a written permit so to do from the City Council, or in case of emergency, from the chief of Police, but this Section shall not prohibit the reduction of garbage to a liquid condition and disposing of the same as sewage. 5309. HAULING GARBAGE AND RUBBISH All garbage and rubbish, - 2 - after collection, shall be removed and disposed of outside of the corporate limits of the City, or at some location in the City, or at some location in the City which shall be approved by the City Council. No person shall haul, carry or transport any garbage through the City or along or over any public street or public place in the City except in watertight covered wagons, motor vehicles or carts, and so that the contents thereof shall not be offensive; and said motor vehicles, wagons or carts shall be so loaded and 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 condition. No person shall haul or carry any rubbish, sand, gravel, manure or refuse of any kind, over the public streets or public places of the City, unless the vehicle or instrumentality used in transporting, hauling or carrying the same shall be so constructed or covered that none of the material contained in said vehicle or instrumentality will spill or fall therefrom. 5310. CONTRACT FOR GARBAGE AND RUBBISH COLLECTION. The City shall provide a service for the collection of all garbage and rubbish within the City subject to the provisions in this Chapter, provided, however, that the City Council may, in lieu of collecting garbage and rubbish through City employees and equipment, in its discretion, contract, to collect, take, remove and dispose of garbage and or rubbish in the City as proveded in this Chapter, in accordance with the provisions hereof, and under the supervision of the City. The person or persons to whom such contract may be let shall have the exclusive right, privilege and duty to collect, take, remove and dispose of all of said garbage and rubbish for the period specified in said contract and for such compensation as may be agreed upon between the City and said contractor. The City Council may adopt such rules and regulations as to the time of collection and manner of handling and disposing of garbage and rubbish as it may deem best to protect the sanitary conditions of the City and to protect the health of the inhabitants thereof. 5311. FEES AND CHARGES TO BE ESTABLISHED BY RESOLUTIONS. There shall be and there are hereby imposed, fees or charges for the collec tion or disposal services rendered, or to be rendered, those which the City Council of said City may from time to time hereafter determined, fix, establish or provide for the establishment by resolution or resolu- tions duly and regularly adopted by it. Such fees or charges may be changed by said City Council from time to time by resolution, and shall respectively be applicable for the respective periods designated in, or covered by, such respective resolutions. 5312. OMITTING COLLE CrION SERVICE. Whenever, by reason of the location of a particular premises, the City is unable to render any part of the service for the collection and disposal of garbage and rubbish, or it is impracticable for the City to do so in the opinion of the City Manager, the rendering of such service or may portion thereof may be omitted and the service charges, if any, reduced in conformity with such action. Whenever any residential, commercial, industrial or other estab- lishment required special service in excess of or different from the ordinary amount and type required for establishments within the same general class of service charges, the City Manager shall ascertain the proper charge to be made for the rendering of such additional service and shall impose such additional charge upon the person receiving the benefit of such additional service. 5313. APPEALS. SPECIAL HEARINGS. In the event that any person believes that enforcement of service charges, if any, imposed by the City for the collection and disposal of garbage and rubbish is inequit- able nequitable in its application to such person or that the amount of special charges imposed upon such person for additional services not contemplated in any such schedule of charges, is inequitable or unjust, or believes that any decision of the City Manager is unfair, inequitable or unjust, such person may request in writing a hearing thereon before the City Council. Upon receipt of such request, the City Council shall hold a public hearing thereon upon notice in writing mailed to said person at - 3 - e" the address given in such request. After such hearing, if the City Council finds that the protest of such person is meritorius, then any of the provisions, service charges, charges for additional service, or decisions of the City Manager may be modified or otherwise corrected in harmony with the general purposes and objectives of this Chapter to the end that the public health, safety and welfare of the people may be secured and substantial justice done, or the City Council may, if circumstances require it, authorize private contractual arrangements for the disposal of extraordinary kinds or quantities of garbage or rubbish. 5314. EXCEPTIONS. The provisions of this Chapter shall not prevent any person from handling, removing or disposing of his own garbage or rubbish in the manner and subject to the restrictions con- tained in this Chapter, provided, however, that such persons shall be responsible for the minimum charges herein imposed whether or not he avails himself of the services offered by the City or by a person under contract with the City. 5313. PUBLIC DUMP. PERMIT REQUIRED. No person shall maintain or operate a public dump without first obtaining from the City a permit therefor persuant to the provisions of Part 1, Chapter 3 of Article VI and Chapter 1 of Article V of this Code. SECTION 2. Publication. The Mayor shall sign this Ordinance and the City Clerk shall attest to same, and the same shall be posted immediately thereafter in three (3) public placed within the City Limits of the City of Irwindale, as prescribed by Resolution No. 57-1. Adopted this 11 day of August , 1960. Mayor ATTEST: � e, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF IRWINDALE ) I, JAMES M. McLEAN, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 90 was regularly introduced and passed at a regular meeting of the City Council on the 11 day of August, 1960, by the following vote; to -wit: AYES: Councilmen: R. Diaz, S. Diaz, Miranda, Councilwoman Silva Mayor Garcia NOES: Councilmen: None ABSENT: Councilmen: None City Clerk - 4 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF IRWINDALE ) JAMES M. McLEAN, being first duly sworn, deposes and says: That he is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. On August 17, 1960, he securely and conspicuously posted at each of the public places in said, City, to -wit: (1) 5140 North Irwindale Avenue; (2) Post Office on Irwindale Avenue; (3) Southwest corner of Arrow Highway and Irwindale Avenue; a copy of Ordinance No. 90 of the City of Irwindale, California, being in all respects the same as that attached hereto and made a part hereof. Dated: August 17, 1960. lerk of the City of le, California