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AN ORDINANCE REGULATING THE COLLECTION. AND DISPOSAL OF
I(EFUSE, GARBAGE, WET GARBAGE AND RUBBISH IN THE CITY OF
ARROYO GRANDE, PROVIDING A MEANS FOR FIXING I~TES TO BE
CHARGED; PROVIDING FOR EXECUTION OF A CONTRACT TO PROVIDE
SUCH A COLLECTION SERVICE WITHIN THE CITY OF ARROYO GRANDE;
PROVIDING THE METHOD OF AWARDING SUCH A CONTRACT; PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING
ALL ORDINANCES TO THE EXTENT THE SAME ARE IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Co~ncil of the City of Arroyo Grande as
follows:
SECTION 1. DEFINITIONS
Words ~sed 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) Contract Agent. The general term "Contract Agent" shall in-
clude and mean, for the p~rpose of this ordinance, an agent or employee
of the City of Arroyo Grande, or any person, firm, corporation or asso_
ciation, or the agents or the employees thereof with whom. the City of
Arroyo Grande shall have duly contracted under the te~ns hereinafter
set o~t in this ordinance, and ~nder the provisions of the General
Laws to collect, transport thro~gh the streets, alleys, or p~blic ways
of said City, and dispose of ref~se, garbage, wet garbage, and r~bbish
produced within the limits of said City.
(c) Garbage. The word "Garbage" as ~sed herein shall mean and in-
cl~de kitchen and table ref~se, offal, swill and also every accumulation
of an:illlal and vegetable ref~se, and other matter that attends the prep-
aration, consumption, decay or dealing in or storage of meats, fish,
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fowl, birds, fruits or vegetables. It shall also include crockery,
bottles, tin vessels, ashes and 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 res_
taurants' cafes, cafeterias, hospitals, hotels, boarding houses, clubs
and all other like eating places in the City of Arroyo Grande, and from
butcher shops and dealers in fresh vegetables and shall be held to con-
sist 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 vegetables, pro-
vided, however, that said definition is not intended to nor does it in-
clude the by-products of butcher 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) I(efuse. The general term "refuse" shallinc lude and mean all
matter and materials which are rejected by the owners or producers there-
of as offensive or useless, and which by their presence or accumulation
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 defined for the
term "Contract Agent".
(h) Rubbish. The term "rubbish" shall include and mean all com-
bustible and non_combustible waste and refuse matter, excepting garbage
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ordinarily acc~m~lating in and abo~t residences, flats, b~ilding,
apartment ho~ses, lodging ho~ses, hotels, resta~rants, eating ho~ses,
stores, shops, offices and other p~blic b~ildings. Among other things,
it shall incl~de tree trimmings, grass cuttings, dead plants and weeds,
bed springs, mattresses and building rubbish, but shall not incl~de
brick, mortar, or other debris incident to the construction of b~ildings.
(i) Standard Containers. "Standard containers" shall incl~de
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) Swill. "Swill" incl~des that partic~lar garbage which is wholly,
or nearly so, edible and ~seable as a food and having food val~e for
animals or fowl, and which acc~m~lates from animal, vegetable or
other matter wasted from cl~bs, hospitals, hotels, resta~rants, p~blic
eating places, vegetable packing ho~ses, and canneries.
SECTION 2. REGULATIONS FOR ACCill1ULAfION
(a) It shall be ~nlawf~l for any person to deposit, keep, acc~m~late
or permit, ca~se or s~ffer any ref~se, garbage, wet garbage,' or r~bbish
to be disposed, kept or acc~m~lated ~pon any lot or parcel of land or
on any p~blic or private place, street, lane, a lley or drive, ~nless
the same shall be kept deposited, or allowed to acc~m~late as may from
time to time be provided by reg~lations iss~ed by the City Co~ncil of
the City of Arroyo Grande, and the said City Co~ncil of the City of
Arroyo Grande is herewith a~thorized to iss~e reg~lations concerning
the acc~m~lation of ref~se, garbage, wet garbage, and r~bbish within
the City of Arroyo Grande by resol~tion d~ly adopted and, from t!me to
time, to amend said reg~lations in accordance with the best interests
of the residents of the city of Arroyo Grande.
(b) All garbage, before being placed in garbage cans for collector,
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shall have drained from it all free liq~ids and shall be wrapped in
paper.
(c) Ref~se containers 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 s~ch as fences, doors, trellises,
flowers, vines and s~ch that wo~ld obstr~ct the clear passageway for the
removal of containers. Ref~se containers shall not be placed within the
right-of-way of a street or alley, and shall not be more than sixty (60)
feet from the property line of the p~blic street or alley from which
collection is made, provided that ref~se containers may be placed at a
distance of more than sixty (60) feet from the property line of the
p~blic street or alley when approved and an additional payment for the
extra service is agreed ~pon by both the Ref~se Collector and person
from whom the collection is made. No containers shall be placed in s~ch
manner as to constit~te a n~isance.
SECTION 3. TRANSPORTATION
(a) No refuse, garbage or rubbish shall be removed and/or carried
on or along the streets or alleys of the City of Arroyo Grande, ~n less
the same be carried, conveyed or hauled in a conveyance so constructed
as to be absolutely d~st proof, and so arranged as not to permit dust
or other matter to sift through or fall upon said streets or alleys.
The contents of such conveyances must be f~rther protected so as to
prevent the contents from being blown upon the streets, alleys and adja_
cent 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,
conveyed or ha~led in containers with proper covers, so that the wet
garbage shall not be offensive, and every such 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.
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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
permittees, or representatives at lease once every seven (7) days. All
garbage or wet garbage created, produced or accum~lated 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
Ci ty Health Officer or the Superintendent of Public Works.
(b) It shall be the duty of any collector engaged in or conducting
the business of collecting refuse, garbage, wet garbage and/or rubbish
by contract with the City of Arroyo Grande, under this ordinance, when
directed by the City Health Officer of Superintendent of Public Works
of the said City of Arroyo Grande, to go to such place or places as he
may be directed to by said Health Officer of Superintendent of Public
Works in which refuse, garbage, wet garbage and/or rubbish is accumu-
lated and there collect and remove said refuse, garbage, wet garbage,
and/or rubbish in accordance with the .provisions of this ordinance,
SECTION 5. RATES FOR COLLECTION
Rates for the collection of refuse, garbage, wet garbage, and
rubbish shall from time to time be set by the City Council of the City
of Arroyo Grande by resolution duly adopted by said City Council and
said rates may be from time to time changed as, in the j udgmen t of said
Ci ty Council, is in the best interests of the residents of the Ci ty of
Arroyo Grande, provided further that where a contract for the collection
and disposal of refuse, garbage, wet garbage, and rubbish is entered
into as provided for under Section 14 of this ordinance, the said Ci ty
Council may in such contract provide for the maximum and minimum charges
to be made by said Contract Agent.
SEC'l'ION 6. CHANGING OF RATES
The City Council may from time to time by resolution, make such
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changes in the rates to be charged for ref~se, garbage, wet garbage
and/or r~bbish collections as shall, in their opinion, be desirable and
in the best interests of the City of Arroyo Grande, and where s~ch
changes can be made witho~t violating the terms of any contract then
in existence.
SECTION 7. DISPOSAL
(a) The Contract Agent shall be req~ired to dispose of all ref~se,
garbage, wet garbage, and/or r~bbish at a d~mp sit~ated o~tside the
City Limits of said City and approved by the City Health Department and
the City Co~ncil.
(b) Swill may be disposed of on private property only with the
approval of the location by the City Health Officer. No swill shall be
allowed to be acc~m~lated, stored, disposed of, or ~sed for stock-
feeding on any premises within One Thousand (1000) feet of any place of
h~man habitation nor within Three H~ndred (300) feet of any p~blic or
private road or highway witho~t approval of the City Health Officer.
No swill shall be acc~m~lated, stored, disposed of or ~sed for stock_
feeding p~rposes in s~ch a manner as will create a n~isance d~e to the
breeding or attraction of flies or rodents, or from odors, or create a
hazard to the p~blic health, safety, or welfare.
(c) No ref~se, garbage, wet garbage, or r~bbish shall be disposed
of by b~rying the same ~ndergro~nd, provided, however, that r~bbish and
ref~se may be made ~se of to fill low areas within the City when it is
properly leveled and covered with dirt and ~pon first sec~ring written
permission of the Health Officer of S~perintendent of P~blic Works so
to do.
SECTION 8.VEHICLES USED IN COLLECTION
Every tr~ck ~sed in the collection and removal of ref~se, garbage,
wet garbage, and/or r~bbish, shall be kept well painted, clean inside
and o~t, and in a prominent place on each tr~ck, display the following
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sign with appropriate n~mber:
DISPOSAL SERVICE
NO.
SECTION 9. BURNING RE1<'USE
(a) No waste matter, comb~stible material or ref~se shall be
b~rned in the open air ~pon any street, alley, park, waterway or p~blic
place within the corporate limits of the City of Arroyo Grande,
(b) No waste matter which shall in b~rning ca~se or create a dense
or offensive smoke, shall be b~rned ~pon 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 comb~stible
r~bbish or matter may be b~rned ~pon private premises in the City of
Arroyo Grande, if the same is b~rned between the ho~rs of 6 a.m. and
12 a.m. of any day; provided, however, that comb~stible r~bbish or
matter may be b~rned within the City limits only if the same is b~rned
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 ha~ling by an ~nlicnesed person of materials considered by the
Health Officer of S~perintendent of P~blic Works to constit~te a health
menace of s~ch nat~re as is necessary to be ordered by either of said
officers to be promptly removed.
SECTION 11. PRODUCER }~ULING
Nothing in this ordinance contained shall be constr~ed to prohibit
any prod~cer of ref~se, garbage, wet garbage or r~bbish, from personally
ha~ling the same in the prod~cer's vehicle, thro~gh the streets of the
City of Arroyo Grande, provided that s~ch ha~ling and disposal shall
at all times be s~bject to the approval and reg~lation of the Health
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Officer or the S~perintendent of P~blic Works.
SECTION 12. CERTAIN HAULING PROHIBITED
It shall be ~nlawf~l for any person other than the Contract Agent
to collect, remove or ha~l refuse, garbage, wet garbage, or rUbbish on
or over the streets of the City of Arroyo Frande during s~ch time as s~ch
Contract Agent has a contract with the City for the collection and dis-
posal 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; and provided f~rther, that the provisions of this Section
shall not apply during any week set apart and approved by the City
Council as a "Clean_Up_Week".
SECTION 13. HEALTH OFFICER REGULATIONS
The S~perintendent of Public Works, in conjunction with the Health
Officer, shall have power to establish r~les and reg~lations not incon-
sistent with this ordinance, governing the collection and disposal of
ref~se, garbage, wet garbage, or rubbish, provided that such rules and
reg~lations shall have as their purpose the enforcement of the provisions
of this 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
Police 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 mis-
demeanor and punishable as hereinafter provided. It shall be unlawful
for any person in any manner to interfere with the collection or disposal
of refuse, garbage, wet garbage, or rubbish by any person authorized by
license or contract to collect and dispose of the same.
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SECTION 15. CONTRACT
For the collection and disposal of ref~se, garbage, wet garbage,
and r~bbish, a contract for a period not to exceed ten (10) years may be
entered into by the City of Arroyo Grande, in accordance with and s~b_
ject to the terms and conditions of this ordinance.
S~ch a contract shall provide that the Contractor shall collect
and dispose of the ref~se, garbage, wet garbage and r~bbish in the City
of Arroyo Grande in the manner in this ordinance provided, and shall
not charge any amo~nts in excess of the rates specified in this ordi-
nance or by resol~tion adopted here~nder, or in said contract provided.
Said Contractor shall be req~ired to f~rnish a cash or s~rety bond to
the City of Arroyo Grande in the s~m of Two Thousand Five Hundred
($2,500.00) Dollars, conditioned ~pon the faithf~l performance of the
contract and the provisions of this ordinance. S~ch Contractor shall
have the sole and excl~sive right, except as in this ordinance otherwise
provided, to collect all ref~se, garbage, wet garbage, and r~bbish in
the City of Arroyo Grande and transport the same thro~gh the streets
and p~blic ways of said City.
Said Contract shall f~rther provide that said Contractor shall be
req~ired to dispose of all s~ch ref~se or garbage and r~bbish, save and
excepting wet garbage, at a d~mp, which said d~mp shall be approved by
the City Health Officer and the City Co~ncil, or at any disposal site
designated by the San L~is Obispo Co~nty Board of S~pervisors.
S~ch Contract may provide therein for the rates for collection and
disposal of ref~se, garbage, wet garbage, and r~bbish.
S~ch Contract shall also req~ire that said Contractor proc~re for
the period covered by the proposed contract, f~ll compensation ins~r-
ance in accordance with the provisions of the Labor Code of the state
of California.
S~ch Contract shall also req~ire that said Contractor shall carry
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p~blic liability ins~rance to the extent of One H~ndred Tho~sand
($100,000.00) Dollars for the death or injury to one person and Three
B~ndred Tho~sand ($300,000.00) Dollars for the death or injury of more
than one person, and property damage insurance to the extent of Ten
Tho~sand ($IO,OOO.OO)Dollars; such ins~rance to cover both the City
and the Collector on account of any inj~ries arising out of the Col_
lector's activities.
The city Council by resolution shall have power to provide for the
inclusion in such contract of such terms as it deems necessary to pro-
tect the interests of the City of Arroyo Grande.
Before said contract shall be entered into, sealed bids shall be
called for by the City Council and the contract shall be awarded to the
highest responsible bidder. Each proposal or bid shall be accompanied
by a certified check payable to the City of Arroyo Grande, in the sum of
Five Hundred ($500.00) Dollars, which sum shall be forfeited to the City
of Arroyo Grande if the bidder to whom the contract is awarded shall
fail or refuse to enter into the contract within forty-five (45) days
after the date of mailing to the successful bidder the "Notice of Award
of Contract". The Council reserves the right to reject any and all bids
for such reason as in their opinion shall be in the best interests of
the City of Arroyo Grande.
SECTION 16. DISPUTES
In all cases of disputes or complaints arising from or concerning
the place where the refuse, garbage, wet garbage and rubbish receptacles
shall be placed while awaiting the removal of their contents, or con-
cerning the cost of such removal, the same shall be determined by the
City Health Officer or Superintendent of Public Works. Provided, however,
that any person dissatisfied with such decision may appeal 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
In
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 the remaining sections of this ordinance. The
Council hereby declares that it would have passed this ordinance and each
section, sub-section, sentence, clause and phrase thereof, irrespective
of the fact that anyone or more other sections, sub_sections, sentences,
clauses or phrases be declared unconstitutional.
SECTION 18. CLEAN UP ~~EK
The Contractor shall provide one "clean-up week" in the springtime
of each year during which time he will, without charge therefor, collect
all tree trimmings, grass cuttings, dead plants and weeds placed at the
curb lines in the City of Arroyo Grande, which are placed in containers
or adequately ited in bundles not to exceed four (4) feet in the largest
dimension.
SECTION 19. PENALTY
Any person, firm or corporation violating any of the provisions of
this ordinance or willfully not complying with any of the terms, require-
ments or provisions contained herein, shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine not to exceed
Three Hundred ($300.00) Dollars or by imprisonment for a period not ex_
ceeding ninety (90) days, or by both such fine and imprisonment.
SECTION 20.
All ordinances and/or parts of ordinances in conflict with this
ordinance to the extent the same are in conflict herewith are repealed.
SECTION 21.
This ordinance shall take effect and be in full force and effect
thirty (30) days after its passage, and within, fifteen (15) days after
its passage it shall be published once, together with the names of the
Councilmen voting for and against it in the Herald Recorder, a news-
paper circulated and published in the City of Arroyo Grande, County of
San Luis Obispo, State of California.
On motion of Councilman fD~~ ,seconded by Councilman )~,
and on the following roll call vote to-wit:
AYES: ~ ~ ~!!--, ~~/~~V/~~'
NOESt ~, ABSENT: ~.
the foregoing ordinance was adopted this /.:f6 day of ~ , 1960.
uayor
CITY OF ARROYO GRANDE
ATTEST,~~}p..d~
c~ty Clerk