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O 153 ORDINANCE NO. ~ AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF REFUSE, GARBAGE, WET GAR. BAGE AND RUBBISH IN THE CITY OF ARROYO GRANDE, PROVIDING A MEANS FOR FIXING RATES TO BE CHARGED; FOR THE GRANTING OF BUSINESS LICENSES TO PERSONS ENGAGED IN SUCH COLLECTION AND DISPOSAL SERVICES; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL ORDINANCES TO THE EXTENT THE SAME ARE IN CONFLICT " THEREWITH. THE PEOPLE OF THE CITY OF ARROYO GRANDE DO ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS Words used in this ordinance are defined as hereinafter provided, to-wit: (a) The word "person" as used herein shall mean any person, firm or corporation acting as principal, agent, officer, servant or employee for himself, or for any person, firm ,or corporation, (b) Licensee. The general term "Licensee" shall include and mean for the p~oses of this ordinance, any person, firm, corporation or association, or the d1ents or employees thereof to w om the City of Arroyo Grande shall have granted a business license under e terms hereinafter set out in this ordinance, and under the provisions of the ordinances of the City of Arroyo Grande to coll~ct, transport through the streets, aller' or public ways of said City, and dispose of refuse, garbage, wet garbage and rubbish produced within t e limits of said city. , ' ( c) Garbage, The word "Garbage" as used herein shall mean and include kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the pr~aration, consumption, deccl: or dealing in or stora:~e of meats, fish, fowl, birds, fruits or vegetables, It sh also include crockery, bot es, tin vessels, ashes an all or any refuse, save and excepting as herein defined as rubbish or wet garbage. ' ~ d) Wet Garbage. The words "wet garbage" as used herein shall mean all clean garbage, suitable for food for hogs, coming from restaurants, cafes, cafeterias, hospitals, hotels, boarding houses, clubs and all other like eating ~laces in the City of Arroyo Grande, and from butcher shops and dealers in fresh vegetables and shall be he d to consist of and include only kitchen and table refuse, offal and swill, and every accumulation of animal and vegetable scraps, refuse or waste, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits, or ve~etables, provided, however, that said definition is not intended to nor does it include the by-products of butc er shops where said by-products have a commercial value and are not decomposed nor offensive and where said by-products have not been rejected by the owners or producers thereof as offensive or useless. , (e) Incinerators, The term "incinerators" shall include and mean fireproof 'receptacles approved by the City Engineer or Fire Chief, and used for disposing of combustible rubbish on private premises. (f) Refuse. The general term "refuse" shall include and mean all matter and materials which are rejected by the owners or producers thereof as offensive or useless, and which by their presence or accumu- lation may injuriously affect the health" comfort, or safety of the community by increasing disease or hazard by fire. (g) Refuse Collector. The term "refuse collector" as used in this ordinance shall include and mean the same as heretofore defilled for the term ~Licensee.", , (h) Rubbish. The term "rubbish" shall include and mean all combustible and non-combustible waste and refuse matter, exceptinli garbage ordinarily accumulating in and about residences, flats, buildin~s, apartment houses, lodging ouses, hotels, restaurants, eating houses, stores, shops, offices and other pub ic buildings. Among other thin:, it shall include tree trimmin~s. grass cuttings, dead plants and weeds, bed springs, mattresses and buil 'ng rubbish, but shall not inclu e brick, mortar, or other debris incident to the construction of buildings. ' (i) Standard Containers: "Standard Containers" shall include plastic or galvanized metal containers, water-tight, with tight-fitting covers approximately thirty-two (32) gallons, or less, in capacity, with cover, handle and side bails. (j 1 Swill. "Swill" includes that particular garbage which is Wholll' or nearly so, edible and useable as a food and aving food value fo;r animals or fowl, and which accwnulates rom animal, vegetable or other matter wasted from clubs, hospitals, hotels, restaurants, public eating places, vegetable packing houses, and canneries. SECTION 2. REGULATIONS FOR ACCUMULATION , (a) It shall be unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any . refuse, garbalf,e, wet garbage, or rubbish to be disposed, kept or accumulated upon anI; lot or parcel of land or on any pu lie or private place, street, lane, alley or drive, unless the same shall e kept deposited, or allowed to accumulate as may from time to time be provided by regulations issued by the Cit6' Council of the City of Arroyo Grande, and the said City Council of the CitI; of Arroyo Grande is herewit authorized to issue regulations concerning the accumulation of refuse, gar age, wet garbage, and rubbish within the City of Arroyo Grande by resolution uuly adopted and, from time to time, to anI end said regulations in accoraancc with the best interests of the residents of the City of Arroyo Grande. (b) All aJarbage, before being placed in garbage cans for collector, shall have drained from it all free liquids and sh be wrapped in paper. ( c) Refuse co~tainers shall be placed in areas where they will be readily accessible for collection. Said areas and access thereto shall be kept free and clear of all obstacles, such as fences, doors, trellises, flowers, vines, and such that would obstruct the clear rassageway for the removal of containers, Refuse containers shall not be placed within the right-of-way 0 a street or allek and shall not be more than sixty (60) feet from the proberty line of the public street or alley from whic collection is made, provided that refuse containers may e placed at a distance of more than six7c (60) feet from the property line of the public street or alley when approved and an additional payment or the extra service is agreed upon by both the Refuse Collector and person from whom the collection is made. No containers shall be placed in such manner as to constitute a nuisance. SECTION 3. ,TRANSPORTATION (a) No refuse, garbage or -rubbish shall be removed and/or carried on or along the streets or alleys of the CitI; of Arroyo Grande, unless the same be carried, conve.r,ed or hauled in a conveyance so constructed as to be a solutely dust proof, and so arranged as not to pennit ust or other matter to sift through or fall upon said streets or alleys, The contents of such conv~ances must be further protected so as to prevent the contents from being blown upon the streets, alleys and a jacent lands. (b) No wet garbage shall be removed and/or carried on or along any street or alley of the City of Arroyo Grande unless the same be carried, conve~ed or hauled in containers with proper covers, so that the wet garbage shall not be offensive, and every suc container shall be kept clean and said wet garbage shall be so loaded that none of it. shall fall, drip or spill to or on the ground, sidewalk or pavement. SECTION 4. COLLECTION. ( a) All garbage, wet garbage, rubbish or refuse of any kind shall be removed by the City of Arroyo Grande, its agents, employees or pennittees, or representatives at least once every seven (7) days, All garbage or wet garbage created, produced or accumulated at hotels, restaurants, boarding houses, or other business houses where garbage or wet garbage is accumulated, shall be disposed of or removed from the premises at least twice each week, or oftener if deemed necessary by the City Health Officer or the Superintendent of Public Works. (b) It shall be the duty of ant; collector en~ged in or conductina the business of collecting refuse, ~arbage, wet garbage and/or rubbish y license wit the City of Arroko rande, under this ordinance, when irected by the City Health Officer or Superintendent of Public Wor s of the said City of Arroyo Grande, to go to such place or places as he may be directed to bh said Health Officer or Superintendent of Public Works in which refuse, garbage, wet garba1e and/or rubbis is accumulated and there collect and remove said refuse, garbage, wet garbage, and/or rubbis in aq::ordance with the provisions of this ordinance. SECTION 5. RATES FOR COLLECTION Rates for the collection of refuse, garbage, wet ~arbage, and rubbish, shall from time to time be set by the City Council of the City of Arroyo Grande by reso ution duly adopted by said City Council and said rates may be from time to time changed as, in the judgment of said City Council, is in the best interests of the residents of the City of Arroyo Grande, ~rovided further that where a license for the collection and disposal of refuse, garbage, wet garbage, and rubbis is granted as provided for under Section 15 of this ordinance, the said City Council may in such license provide for the maximum charges to be made by said Licensee, SECTION 6. CHANGING OF RATES The City Council may from time to time by resolution, make such changes in the maximum rates to be chartted for refuse, garbage, wet garbage and/or rubbish collections as shall, in their opinion, be desirable and in e best interests of the City of Arroyo Grande, and where such changes can be made without violating the tenns of any contract then in existence. SECTION 7. DISPOSAL , ( a) Licensees shall be reiliired to dispose of all refuse, garbage, wet garbage, arid/or rubbish at a dumb situated inside or outside e City Limits of said City and approved by the City Health Department and the ity Council. , (b) Swill may be disrosed of on private property only with the approval of the iocation bl the City Health Officer. No swill shal be allowed to be accumulated, stored, disposed of, or used for stock eeding on any premises within One Thousand (1000) feet of any place of human habitation nor within Three Hundred (300) feet of any public or private road or h1chway without approval of the City Health Officer, No swill shall be accumulated, stored, disposed' of or used or stockfeeding purposes in such a manner as will create a nuisance due to the breeding or attraction of flies or rodents, or from odors, or create a hazard to the public health, safety, or welfare. (c) No refuse, garbage, wet garbage, or rubbish shall be disposed of by burying the same under- ground, provided, however, that rubbish and refuse may be made use of to fill in low areas within the City when it is ~roperly leveled and covered with dirt and upon fh'st securing written permission of the Health Officer or uperintendent of Public Works so to do. SECTION 8. VEHICLES, USED 11'; COLLECTION Every truck used in the collection and removal of refuse, garbage, wet garbage, and/or rubbish shall be kept well painted, clean inside and out, and in a prominent place on each truck, display the following sign with appropriate number: DISPOSAL SERVICE NO. SECTION 9. BURNING REFUSE (a) No waste matter,combustible material or refuse shall be burned in the open air upon any street, alley, park, waterway or public place within the corporate. limits of the City of Arroyo Grande. (b) No waste matter which shall in burning cause or create a dense or offensive smoke, shall be burned upon any premises within the corporate limits of the City of Arroyo Grande whether in an incinerator or not. - (c) Except as hereinabove restricted, all other combustible rubbish or matter may be burned upon private Eremises in the City of Arroyo Grande, if the same is burned between the hours of 6 a,m, and 12 a,m. of any ay provided, however, that combustible rubbish or matter may be burned within the City Limits only if the same is burned in an incinerator approved by the Chief of the Fire Department of the City of Arroyo Grande. ' SECTION 10. EMERGENCY REMOVAL Nothing in this ordinance shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the Health Officer or Superintendent of Public Works to constitute, a health menace of such nature as is necessary to be ordered by either of said officers to be promptly removed, SECTION 11. PRODUCE HAULING Nothing in this ordinance contained shall be construed to prohibit anh producer of refuse, garbage, wet garbage or rubbish, from personally hauling the same in the 1hoducer's ve ide, through the streets of the City of Arroyo Grande, provided that such hauling and disposal s all at all times be subject to the approval and regulation of the Health Officer or the Superintendent of Public Works. ' SECTION 12, CERTAIN HAULING PROHIBI1ED It shall be unlawful for any person other than a Licensee to collect, remove or haul refuse, garbage, wet garbage, or rubbish on or over the streets of the City of Arroyo Grande during such time as such Licensee has a license with the City for the collection and disposal of the same: provided, however, that this section shall not apply to hauling done under the provisions of Sections 10 and 11 of this ordinance, SECTION 13. HEALTH OFFICER REGULATIONS The Superintendent of Public Works, in conjunction with the Health Officer, shall have power to estab. lish rules and reralations not inconsistent with this ordinance, governing the collection and disposal of refuse, garbage, wet gar age, or rubbish'Jrovided that such rules and regulations shall have as their purpose the enforcement of the provisions of, is ordinance and the health and sanitary laws and ordinances in effect in the City of Arroyo Grande. ' SECTION .14. ENFORCEMENT The Superintendent of Public Works, the Health Department, and the P()lice Department of the City of Arroyo Grande are hereby specifically required to enforce the, provisions of this ordinance, and shall have the right to enter any and all premises for the purpose of determining whether the provisions of this ordinance are being conformed with, and any person denying or obstructing such entry shall be guilty of a misdemeanor and punishable 'as hereinafter furovided, It shall e unlawfuL for any person in any manner to interfere with the collection or disposal of re use, garbage, wet garbage or rubbish by any person authorized by license to collect and dispose of the same. SECTION 15, LICENSING For the collection anlt disposal of refuse, garbage, wet garbage and rubbish, business licenses shall be granted for a period of one year and subject to the terms and conditions of this ordinance and the ordi- nances of the City of Arroyo Grande. Every person engaged in the business of operating such a collection and disposal service, shall be required to obtain a license and to Pd' a license tax of One Hundred and NO/100 ($100.00) Dollars per annum in the manner prescribed an pursuant to Ordinance No, 102 of the City of Arroyo Grande, Said licensee and/or licensees shall collect and dispose of the refuse, garbage, wet garbage and rubbish in the City of Arroyo Grande in the manner in this ordinance provided, and shall not charge any rates in excess of the rates specified in this ordinance or by resolution of the council adopted hereunder. Said licensee and/or licensees shall be required to procure for the period covered by the license full compensation insurance in accordance with the provisons of the labor code of the State of California, .~_.--- --..--.-- Such licensee and/or Iicem<3es shall also be required to carry pubnc liability insurance to the extent of Fifty 'thousand and No/lOO ($50,000.00) Dollars for the death or injury to one person and One Hundred Thousand and No/lOO ($100,000.00) Dollars for the death or injury of more than one person, and property dama~ insurance to the extent of Ten Thousand and No/lOO ($10,000.00) Dollars; such insurance to cover both t e City and the Collector on account of any injuries arising out of the Collector's activities. SECTION 16. DISPUTES In all cases of disputes or comhlaints ariSina from or concerning the place where the refuse, garbage, wet itarbage arid rubbish receptacles s all be place while awaiting the removal of their contents, or concern- in!b e cost of such removal, the same shall be determined by the City Health Officer or S~erintendent of Pu lic Works, Provided, however, that any person dissatisfied with such decision may appe such decision to the City Council within five (5) days of the decision of such City Health Officer or Superintendent of Public Works and the said City Council shall thereupon hear the matter and make a determination, The decision of the City Council shall under such circumstances be final. SECTION 17. CONSTITUTIONALITY If any section, sub-section, clause or phrase of this ordinance for any reason shall be held to be unconstitutional, such decision shall not affect the validity of th,e remainin~ sections of this ordinan,ce, The Council hereby declares that it would have passed this d'rdinance and eac section, sub-section, sentence, clause and ~ase thereof, irrespective of the fact that anyone or more other sections, sub-sections, sentences, clauses or p ases be declared unconstitutional. SECTION 18. PENALTY A~ person, firm or corporation violating any of the provisions of this ordinance or willfully not com- plying wi any of the terms, r~Uirements or provisions contained herein, shall be guilty, of a misdemeanor and upon conviction thereof sh be punishable by a fine not to exceed Three Hundred ($300.00) Dollars or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment. SECTION 19. All ordinances including ordinance No. 142 and/or parts of ordinances in conflict with this ordinance to the extent the same are in conflict herewith are repealed. .