HomeMy WebLinkAboutAgenda Report - March 16, 1983 (36)4;
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REGUIAR CAIEMAR Agenda item K-1 - "Clarification of Garbage and Rubbish
ordinance" was introduced by City Manager Glaves. The City
-
Manager explained the exi 3ting City ordinances and responded
to questions as were posed by the Council.
CIMTFIC'
-\TION Also addressing the Council on the subj--ct were:
OF GARBAGE AND
RUBBISH OF0DVU\ICE
a) Mr. George brims, representing central Valley Dispcsal
Service.
b) Mr. David Vaccarezza, Sanitary City Disposal Conipany.
A lengthy discussion followed with questions being directed
to staff and to the city Attorney.
Council
on motion of Mayor Pro TenWre Murphy, Olson seLx)nd, C
referred the matter back to staff for additional information
and further clarification.
City Attorney Stein stated that he would appreciate
receiving input from all of the im,,--?ed parties.
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FROM
OIO(JNCIL COMMUNICATION 11j?,
THE CITY COUNCIL DATE NO.
THE CITY MANAGER'S OFFICE March 1_�.,
SUBJECT
PROPOSED ORDINANCE RE GAR
B_AGE AND RUBBISH FRANCHISE
Dave Vaccarezza and George Bruns contacted my office
regarding the definition of "commercial" vis-a-vis
"industrial" within the City of Lodi. It is to be
remembered that under the present Municipal Code Section
11-1 and 11-2 (copies attached), that apparently, Mr.
• Gaccarezza's Sanitary City has the exclusive franchise
for the removal of garbage from residential and business
houses (commercial collection). It is to be noted in the
definition of garbage or solid waste in Section 1.1-1,
excludes from said definition "waste materials from
building coastruction And repair" or "factory waste and
refuse from industrial plants", all of which excepted
material must be properly removed by the owner or
occupant of the premises where accumulated or by his
agent.
The problem appears to be how we define industrial waste
as compared to commercial waste or a commercial
collection. A number weeks ago, the City Finance
Department, City Planning Department and myself got
together and prepared a printout of all the "alleged"
industrial accounts within the City. What we then did
was to superimpose upon this list the zones. This was an
attempt to show the kinds of businesses that would be
industrial rather than. commercial. There was an
assumption made that where you have, for example, a
bakery in a commercial zone, that it in fact would be a
commercial establishment rather than an industrial
establishment.
Unfortunately, the analysis which was dome does not
resolve the problem wherein you have an establishment
which is borderline commercial/ industrial, and is in fact
in a industrial zone.
Obviously, it was not the intent in passing Ordinance No.
383 (Chapter 11) that the distinction between commercial,
and industrial was to be done on zones. What I then did
was contact a number of cities to determine ;Tow that
handle the distinction between commercial and industrial.
In the City of Modesto for example, there is no
distinction made Between commercia'. and industrial.
Further, in Stanislaus County, they distinguish between
commercial and industrial by the amount of garbage or
industrial refuse which is accumulated. Over 500 pounds
per diy is considered industrial refuse.
It is interesting to note how they define industrial
refuse. They go on to say that it is "refuse in an
amount exceeding an average of five hundred pounds per
operating day produced by a person principally engaged in
the business of processing or manufacturing agricultural,
animal or other products or materials whose principal
outlet for such products is wholesale rather than retail;
and refuse produced by any person engaged in the business
of building construction or demolition".
Another alternative would be to distinguish between
r.:fuse which is recyclable and that which is not, making
that which is recyclable, be it in commercial,
residential or industrial, not under the franchise; and
that which is not recyclable, to be under said franchise.
It would require a change in the ordinance.
It is interesting to note that when you look at. Section
11-1 and 11-2, we have excluded from the definition of
garbage: solid waste, factory waste or refuse from
industrial plants. Arguably, the reason why we did thin
way:; to allow the industrial plants to sell the refuse.
It is my understanding that: at one time, tomato waste and
peach pits were sold and in fact may still be sold. Irt
may very well make good sense to allow within the
franchise, the lunch bags from the industrial plants to
be collected by our franchisee, while disallowing the
industrial waste which is source -separated and which is
either sold or given away, and to be excluded from said
franchise.
Attached hereto for your consideration is a copy of a
draft ordinance which would in fact distinguish materials
which are under the franchise from those not under the
franchise by the definition of recycling.
It would be my recommendation that we hold a public
hearing on any change in the franchise to give all
interested parties an opportunity to discuss the proposed
changes, if it is the Council's decision to change the
ordinance.
Also attached hereto for your review are copies of the
ordinances relating hereto of Stanislr.us County, Modesto,
and Palo Alto.
RONALD M. S IEIIf-
Ci�l Attorney
RMS:vc
attachments
S 1J-1 LOD1 CITY CODE § 11-1
CHAPTER 1 i �
GARBAM AND RUBBISH.'
� ll•1. l9eturit►uns.
! t•2. Cotkctiun by city or ager.!; frequency of collection.
§ 11-3. Collection rates.
11-4. Billing ,nd colicokn► of garbage fees.
11-5. Repc*Wd.
11-6. Contract for collection.
11-7. Insurance requirements of contractee.
4 11-8. Permit for perwns to terr.nve own garbage.
g 11-9. Garbage receptacles.
¢ 11-10. Burning, burying, etc ; unlaw;ul deposits, unlawful rem->val to city sanitary
fill.
r; 11-11. Unlawful rubbish d► post!*,
11.12. Repealed.
See. 11-1. Definitions.
For the purposes of this chapter the following werC- and
phrases shall have the meaning respectively ascribed to thein by
this section:
C
"City sanitary f111" shall lnvan the northeast one-quarter of
Section 19, fownship—'H ee North. Rajige Eight east, excepting
the west sixty acres being that area of approximately one
hundred acres owned by the city and commonly known as the
"Harney Lane Sanitary Fill."
"Custvdidn" means the persan appointed by the cite
manager to supervise and control ail operations in the waste
disposal g►•ounds, his deputies and any city employee working
under the direction of -the custodian.
"Garbage )r solid waste" means kitchen refuse and offal,
swill,every accumulation of animal, vegetable and other matter
that attends the preparation, consumption or dealing in meats,
fish, fowl, fruits or vegetables and all other waste matter and
rubbish such as, but not limited to, lCaves, cans, glass, ashes,
1. For state b%% authorizing cities to enter int%, garbatte, etc., disposal contracts,
see H & S. C., 1 4250. For state taw as to burning garbage and ►efuse, see H. d►
S. C., 114300 to 4302.
As to definition of garbage collecting service. see 4 2.37 of this Code. As to city
service rates, we 4 q 2.37 to 2.54. As to removal of dead animals frons streets, tee
§ 1-23. As to distribution of advtr-' "ig matter on t.rivate property. .cc 4 13-1. As
h> throwing or depositing paper, aAgcrs, handbills, advertising, etc., on streets,
etc src 1 15.2.
,
(Lodi 6-15.7n) 88
I
§ 11-2 Garbage and Rubbish § 11-3
discarded boxes, paper, the cutting from trees, lawns and
l gardens, ordi:iarily collecting on any occupied premises,
excepting automobile and truck bodies, frames and iops, and
waste materials from building construction and repair, or
factory wastes and refuse fro,n industrial plants, all of which
excepted materials must be properly removed by the owner or
occupant of the premises where accumulated, or by his agent.
Waste disposal grounds, as used herein, shall mean that
portion of the northeast one-quartei of Section 19, Township
Three North, flange Eight cast, M.D.B. & M., now or hereafter
used for disposal of waste materials, including garbage, by the
city, residents of the 6th+ and by residents in the fourth
supervisorial district of t!le county. (Ord. No. 383, §§ 2, 3; Ord.
No. 802, §.l ;Ord. No. 1166. § 1.)
A
3,
Sm. 11-2. Collection by eivy or agent: frequency of collection.
All' garbage collected at any private dwelling, residence, or
from owners or ten2-.ts of business houses (commercial
collection), shall bu collectc i by the city, acting through an
independent contractor or contractors or otherwise, at regular
intervals of at least once each week, and from every business
place and other places not private residences, at lease once each
week, excepting that from restaurants, grocery stores and other
places with offensive garbage or such garbage as may become
offensive, it shall be collected at such intervals as necessary for
proper sanitation. (Ord. No. 383, §4; Ord. No. I100, §1.)
Sec. 11-3 Collection rates.
The mont rates to be charged for garbage collection
service snail be as follows:
(a) For any private dwelling house or residence the rate for
one weekly garbage collection shall be:
(1) For the first container of thirty gallons or less, and not
to exceed sixty pounds, four dollars and five ants;
(2) For each additional container of thirty gallons or less and
not to exceed sixty pounds each, one dollar and ninety-five
cents.
89 (Lodi 10.42)
DRAFT ORDINANCE
For the purposes of this chapter the following
words and phrases shall have the meaning respectively
ascribed to them by this section:
"City sanitary `ill" shall mean the northeast one-quarter
of Section 19, Township Three North, Range Eight east,
excepting the west sixty acres being that area of
approximately one hundred acres owned by the City and
commonly known as the "Harney Lane Sanitary Fill."
"Custodian" means the person appointed by the city
manager to supervise and control all operations in the
waste disposal grounds, his deputies and any city
employee working under the direction of the custodian.
"Garbage or solid waste" means kitchen refuse and offal,
swill, every accumulation of animal, vegetable and other
matter that attends the preparation, consumption or
dealing in meats, fish, fowl, fruits or vegetables and
all other waste matter and rubbish such as, but not
limited to leaves, cans, glass, ashes, discarded boxes,
paper, the cuttings from trees, lawns and _gardens,
factory wastes and refuse from industrial plants,
ordinarily collecting on any occupied premises, excepting
automobile and truck bodies, frames and tops, and waste
materials from building construction and repair, all of
which excepted materials must be properly removed by the
owner or occupant of the premises where accumulated.
Further. excluded from the definition of "garbage" or
"solid waste" shall be recyclable by-products which.are
segregated at the source of generation by the owner or
producer of same. This shall include but not be limited
to glass, waste paper, scrap metal, animal feed and soil
amendments.
"Factory waste" and "refuse from industrial plants" means
solid waste resulting from any producing, manufactuxir.
or processing .business or operation, except any material
which may be deemed as a recyclable by-product, which
shall be segregated at the source of generation by the
owner or producer of same. This shall include but not be
E
Draft Ordinance - Page Two
r 1
limited to scrap metal, waste paper, glass, animal feed
and soil amendments.
"Recyclable by-product" means secondary material with a
worth to the extent that an individual or entity will
collect the material involved, with compensation to the
customer or at no cost to the customer, where a
recyclable by-product is separated at the source of
generation by the owner or producer of same. Recyclable
by-products may be generated from residential, commercial
or industrial sources.
"Waste disposal grounds", as used herein, shall mean that
portion of the northeast one-quarter of Section 19,
Township Three North, Range Eight east, M.D.B.& M., now
or hereafter used for disposal of waste materials,
including garbage, by the city, residents of the city and
by residents in the Fourth Supervisorial District of the
County.
Sec. 11-2. Collection by city or agent; frequency of
collection.
All garbage collected within the City, shall be
collected by the city, acting through an independent
contractor or contractors or otherwise, at regular
intervals of at least once each week, and from every
business place and other places not private residences,
at least once each week, excepting that from restaurants,
grocery stores and other places with offensive garbage or
such garbage as may become offensive,. it shall be
collected at such intervals as necessary for proper
sanitation.
This section shall 1 -lave no applicability to
recyclable by-products as defined in section 11-1.
LJ
REFUSE CONTROL
ORD1NANCE NO. N.S. - 476
112
AN ORDINANCE AMENDING CHAPTERS 3 AND 4, OF TITLE 3
OF THE ORDINANCE CODE OF STANISLAUS COUNTY RELATING
TO REFUSE CONTROL. AND LITTERING, AND RENU�-IBFRING THE
CHAPTERS AND SECTIONS OF CHAPTERS S, 6 AND 7 OF
TITLE 3 OF THE ORDINANCE CODE OF STANISLAUS COUNTY
RELATING TO MILK REGULATION, INSPECTION AND MEED
CONTROL AND ABA'f£TIENT AND WATER WELLS
THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF
CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1. Chapters 3 and 4 of Title 3 of the Ordinance
Code of Stanislaus County are hereby amended to read as follows:
s
AS MIENDF.D BY:
ORDINANCE NO. 883 (7-26-79)
ORDINANCE NO. 1049 (4-16-82)
t
"Chapter 3 Refuse Control
Article 1 General
Section 3-134. Deiinitions.
For the purposes of this Chapter the following terms are
defined:
(a) Board. The Board of Supervisors of the County of
Stanislaus.
(b) County. County of Stanislaus, State of California.
(c) Department. The Department of Environmental Resources
of the County of-tanislaus.
(d) Person. Any individual, firm, corporation, association,
group or combination and the plural as well as the singular.
(e) Garbage. All putrescible waste and animal or vegetable
waste or residue produced or accamulated from the preparation,
processing, handling or consumption of food stuffs.
(f) Rubbish. Nonputrescible waste, discarc:ed or abandoned
material, including but not limited to, paper, cardboard, rugs,
rags, clothing, straw, wood, crockery, glass, rubber, metal,
plastic and construction debris.
(g) Refuse. Both garbage and rubbish as defined herein.
(h) Industrial T�cfuse. Refuse in an amount exceeding an
average of five hundred pounds per operating day produced by a
person principally engaged in the business of processing or manu-
facturing agricultural, animal or other products or material: yhose
principal outlet for such products is wholesale rather than retail;
and refuse produced by any person engaged in the business of build-
ing construction or demolition.
-2-
Modestc Municipal Code Sec. 6-5.01
CHAPTER 5—GARBAGE DISPOSAL
SEC. 5-5.01. DECLARATION, OF POLICY. The accumulation,
collection, removal and disposal of garbage must be controlled by the City
for the protection of the public t.ealth, safety and welfare. The Council finds
that to give effect to this poli. -y, a comprehensive system for the periodic
collection, removal and disposal of garbage from all promises in the City is
essential and benefits all occupants of premises in the City, &M. therefore,
all such cx•cupsnts are required to have garbage collection service.
(Ord. 30•C.S., _mended by Ord. 1096 -CS., effective 4-21.71, operative
1-1.72)
SEC. 5-5.01.1. PENALTY PROVISIONS. A violation of any
provision of this chapter shall be punishable as an infraction as set forth in
Section 1.2.01 of this Code, except where provisions of this chapter
specifically make such violation a misdemeanor.
(Added by Ord. 1689-C.S., j 2, effective 1.7.78)
SEC. 5-5.02. DEFINITIONS. The following words and phrases,
whenever ue.ed in this chapter, shall be construed as defined in this section:
(a) "Director of Finance" means the Director of Finance of the City
of Modesto or his duly authorized agent.
(b) "Dire( -tor of Public Works" means the Director of Public Works
of tho City of Modesto or his duly authorised agent.
(c) "Health Officer" means the Health Officer of the City of
Modesto or his duly authorized stent.
(d) "Disposal Area" as used in this chapter shall mean any area
designated or provided by the City Council from time to time for the
purpose of disposal of garbage.
(e) "Pla,e" or "Premises" means every dwelling house, dwelling
unit, apartment house or multiple dwelling building, trailer a. nobik home
'ark, store, reLtaurant, rooming house, hotel, motel, hospital, office
building, department store; manufacturing, processing or assembling shop
or plant; warehouse; and every other property or building where any person
n -ides or any business or activity is carried on or conducted within the
City of M(riest.>.
(f) "Customer" shall mean any person., firm or corporation
receiving garbage service under the provisions of this chapter.
(t) "Garbage' means any and ala' matter and materials which are
rejected. abandoned - disc+rded by the owners or producers thereof a
offensive. or usekea, or no longer desired by tsid owners or produce.-,
thereof, and/or which by their presence or accumulation may injuriously
affect the health, comfort or safety of the community. It shall include
rubbish. waste matter, swill. salraga+bie wee-* and similar substances or
materials of the nature described above. but shall not include garden refuse
as defined in Section 4-7.1102 of t'Sis Code.
(h) "Swill" means all classes of ,outtescrible aniamal. flab, tosyl, fruit
or vegetable mattes, ate: sball include scatter or substsmose used in the
Modesto Municipal Code ak- S a�
by their presence may Injuriously affect the healtk safety and con26ort of
persons and property in the vidoity thered.
U) "8dlfdpa ossa" tanto wbliri ��!!IE!°!!
(it) "Plop"ty vain" aaMM 41MbM111 iw + .; ldliNor
uueM ooiila! N� wirWt bwleai wlll�ra l■ i ` , or at
new coat to t1d eatsthear.
(1) "Industrial prbage" means prbsp produced by any petroo.
firm or corporation engaged in the business of poosssistg or swouteeturW4
•cc agricultural products. animals. poultry. goods. wares or other products or
. V motet►ale, who processes or manufactures the sass for the purpose of
l_- wholesale in processed or manufactured form. "lodusteiall garbage" also
means garbage
1
MW $I mw%w W t Cod, tic. "A
goduced by any person, firm or corporation engaged in the
business of building construction and/or building demolition.
(m) "Garbage collector" means an agent or employee of
the City or any person, or the agents, assignees or employees
therW11 to whom a license shall have been issued under the
terms o: ►his chapter for the collection of garbage as hereinafter
set forth.
(n) "Swill collector" means an agent or employ. ,e
city, or any person, or the agent-. assignees, or employee: of,
to whom a license shall have b :n issued under the terms of alis
chapter for the collection of sw. L
(o) "Salvageable waste collector" means an agent or em-
ployee of the City, or any person, or the employees thereof. to
whom a license shall have been issued under the terms of this
chapter for the collection of salvageable wastes.
(p) "Industrial garbage collector" means an agent or em-
ployee of the Cit], or any person, or the employees thereof, to
whore a license shall have been issued under the terms of this
chapter for the collection of industrial garb,te
W "Standard container" means a galvanized metal east,
watertight and with a close fitting cover, cover handle and side
handles, of n t less than ten (10) nor more than thirty-three (23)
Pugallons net capacity, of a design satisfactory to the Director of
bic Works or such other disposal unit of like capacity ap-
proved by the Director of Public Works.
(r) "Detachable container" means a metal container, water-
tight and with a cover, designed for direct dumping into a cel.
lection vehicle, and constructed in standard sizes with a minimum
of one cubic yard in capacity, as approved by the Director of
Public Works, and furnished by a licensed collector.
(a) "Drop box container" means a metal box designed
for loading upon a vehicle for transportation to the disposal area,
with a minimum of twenty (20) cubic yards capacity, of a design
approved br the Director of Public Works, and furnished by a
licensed collector.
(Ord. 3O -CS., amended by Ord. 388-C.S.. Ord. 1095-C.S., and Ord.
1196-C.S.,effective 7-5-72, operative 1-1.73.)
SEC. 6-5.0.1: SEGREGATION AND DISPOSITION Or
WASTE MATERIALS. Every prodw-er o: garbage may at his op-
tiorL segrepte the same in.o rubbish, salvageable waste, and/or
swill, and dispose of the same as provided in this chapter.
(Ord. 30•C.S, amended by Ord. 388-C.S., and Ord. 1095-C.3.. effec-
tive 4-21-71, operative 1-1-72)
SEC. ".04. DEPOSITING OR BURYING GARBAGE. No per -
am shall throw, drop, leave, dump, bury, place, or otherwise
dispose of any garbage upon tiny property within the city limits
of the city. either with or without intent to remove the same
from such rroprrty; or upon an 7 street. way, sidewalk, gutter,
stream or creek or the banks thereof, or any public pl--ce or
public property within the city limits of the City; provided, bow.
ever, that this section should not apply to any land used by the
City for a disposal area.
(Ord. .SS amended by Ord. 1095-C.S., and Ord. 1196-C.S.,
effective 7-5- operative 1-1-73.)
i11m t- ACCUMULATION (W GARBAGE OR RUSB K
Every person shall keep the premises occupied by him, and every
owner ofan unoccupied premises or property and every owner
d three.fn dwellings, apartment houses and multiple dwelling
boildities shall keep the same to a clean and sanitary condition,
and ahM not cause. sailer. or, permit any garbage to accumulate
ns w
an premises or property for a period in excess of one ealen-
dar k; or cause, suffer, or permit any rubbish to accumulate
as bis ppremises for a period to exeesa of one calendar month;
yrovided. however, that this provision shall not be construed to
prohibit any person from keepus; building materials on any prem -
less or property during the period of active construction., recon
"e" Ya gdool Ce" sae. s"
struction, or repair of a building or structure thereon under a cur-
rent valid building permit; nor the keeping of wood. neatly piled,
upon such premises for household use; nor the composting
(ass or trimmings in a manner a r-oved by the Healt Officer.
Ord. =O-C.S.. amended by OM. 10'15-C S. and IIWC.S., effective
74-72, operative 1-1.73.)
SEC. S-LOL GARBAGE C01JXCTIOK. Collection of garbage
shall be made at least once a week. and collection of swill shall
be made dailyy The collector shall tranater the contents of all con-
trineas into the collection vehicle pm-ided therefor without spill-
ing any contents.
(Ord. 30-C-81, amended by Ord. 105.3-C.S.. effective 4-21-71, opera-
tive 1-1-72)
SEC, 54AT. CONTADf M ItTMUMED. It shall be unlawful
for any perwn ovupying any premiseswithin the City, or foe
Ty persomaintaining owning. controlling or main ng any premises within
e City where garbage is created. produced. or accumulated, to
fail or neglect to provide a sufficient number of standard con-
tainers for receiving and holding without leakage or escape of
odors all garbage produced, created. or ated upon such
premises. exceptt as hereinafter provided; an,, all such persons
shall deposit all such garbage in such containers, and all such
containers shall be at tunes kept in a good usable and sanitary
condition. Containers shall be kept continuously closed except
when garbage L being placd therein or removed therefroret and
shall at all times be closed against the access of Nea, robents.
and animals to the contents thereof. Garbage and rubbish may
be deposited in the same container. Containers shall not exceed
thirty-three (33) gallas in volume. and shall not exceed fifty (50)
pounds in weight when filled for remov-1, except when detach-
able or drop box containers are used
(Ord. 30-C.3. amended by Ord. 1093-C.S., and Ord. 1156 -CAL.
effective 7-5-, operative 1-1-73.)
SEC. S-LOL NUMBER OF CONTAINERS REOV>; M. All
places or premises within the City shall have sufficient containers
to hold all garbage generated, produced or accumulated on the
place or,
emises during a one-week period, unless a more fre-
quent collection schedule has been appiuved or directed pursuant
to this chapter. In deternuinln� the sufficitncy of the number d
containers required, the folt�•xa.g minimum standards shall apply.
(a) One f- ..iiy and two family dwellings: one standard
container per dwelling unit.
r~.
(b) three family dwellings, apament houses, and mul-
tiple dw,,-Aing buildings; one standard container per dwelling unit,
un' --*s : lesser number is authorized by the Director of Public
Works.
(c) Motel. hotel. trailer park or mobile home nark: one
standard container per unit or space. unless a lesser number is
authorized by the Director of Public Works.
(d) COenma•eial place or presnises: not less than one stand-
ard containee
Customers ale for Sarbaige collection sarvI to
meat houses. multiple dwelling buildings. oornmttcial and is-
dustrW places orpsemis w may arrange for the use of deteebable
containers and/or drop box containers instead of standard con-
tainers. These arrangements shall be made whit do Means*&
collector on the basis of charges established for this pwpoaa.
Nothing berein shall be contatrued toit the jeist ism of
ch
a detaable container or drop box eon= by two or meas
customers upon approval of the Director d Publie Works.
(Ord. 30-C.S. by Ord. t$"A., Ord. 703 -Mand Ord
10$5-C.&.et�eetive 4-21.771. opetsre 1-1-7v
SLC. S-LOL "OKKIRD D LOCATION (W CON IAM RON L
Garbage. rubbish. swill. industrial garbage and salvageable wYM
Modesto Ynaieipal Cods see. 6-5.10
street or alley right-of-way, unless authorised by the Director of Public
Works.
(Ord. 30-C.S., amended by Ori- 388-C.S., and Ord. 109-1-C.S., effective
4-21.71, operative 1-1-72)
SEC. 5-5.10. CONTAINER LOCATIONS. (a) On single-family and
two-family premises, garbage containers shall be placed by the customer
on the promises and collected by the cullector as follows:
1. Where alleys exist. upon the customer's promises, immediately
adjacent to and accessible from the alley without the necessity of entering
the promises.
2. Where alleys do not exist, iron the customer's premises, in a
location no greater than fifty (50) feet from the front property line and
accessible to the collector without the necessity of entering a fenced yard.
All containers shall be screened from public view in a manr_er approved by
the Director of Public Works.
(b) Standard and detachable containers for garbage service to
multiple -dwelling buildings, apartments, commercial and industrial pre-
mises shall be placed in a location no grater than fifty (50) feet from the
nearest point when the collector's vehicle can reasonably be parked. Drop
box containers shall be located as agreed upon between the customer and
the collector. In case of dispute, the location shall be as determined by the
Director of Public Works.
(,: Containers for garbage may be placed on promises at a location
other than required in paragraph& (a) and (b) above if the customer so
desires, and collected therefrom at an additional charge as set forth in the
schedule of chargee adopted by the City Council from time to time.
(Ord. 30-C.3., amended by Ord. 869 -CB., and Ord. 1095 -CB., effective
4-21-71. operative 1.1.72)
Modesto Municipal Cods Sec. &5.14
maintain all rented detachable containers and drop bar containees 'in a
sanitary condition at ill times.
(Ord. 30-C.S.. amended by Ord. 1095-C.1L. of sed" 4-21-71. operative
1.1-72)
SEC. 5-L14. HOURS OF COLLECTION. (a) No collietiot i shill be
made in residential districts. ss shown on the Zoning Mai of tile City -of_'
Mod -*to, s.. at schools. churches, bospitals. of low or eoosme rcial
establishments in or adjacent to amid eesidential distrie-W except as follows:
(1) From the Mt day of Noveasbee of any yens to sad including
the thirty-first day of March of the following year no such col -
SBC. 5-5.11. EXPLOSIVES OR HAZARDOUS MATERIALS. No
person shall deposit in any container used for garbage, rubbish, swill.
industrial garbage or salvageable waste any expioi--e. nighty flammable.
radioactive or otherwise hazardous material or substance without having
first made special arrangements therefor with thi collector thereof. A
violation of this seetkm shall be punishable as a m(edemeanor.
(Ord. 30-C.S., as wWod by Ord. 1006-C.S., and OW. 1689-C.S., 11. effective
1-7-78)
SEC. 6-6.11 SPII4.AG9 O? RUBBISFL All rubbish hauled by any
,
parson over public streets in the City shall be **cured during the hauling
: -
thereof so as to prevent epiWre or blowing.
.. .. -.- ..
(Ord. 30-C.S.. &wooded by Ord. 1046-C$., effective 4-21-71. opeeotiv*
•Ef`.. 54LI . FUSKISKING OW AND DROP
PDX CONTAINRUIL Any Hosime promed by the City for garbage
oolfsafion aleft provide Mr the avahlobilky ^4 approved detachable
ensifaieara and drop baa coutalmen by the ihsatraae on a rental basis. Tins
Hawses AM be responsible for *9 pawat repair sod uphsap of all
def aboblo cowtolia ra and drop boa oar"nors. The Moser shall
ModeNe Mookhmi Cels Sec. Leas
lection shall be made except between the hours of 6:00 o'clock
A.M. and 6:00 o'clock P.M.
(2) From the 1st day of April to and including the
31st day of October of the same year no such collection shall be
made except between the hours of 5:00 o'clock A.M. and 6:00
o'clock P.M.
(b) No collections &hull be made from premises in com-
mercial areas other than described in subsection (a) above exceppt
betwoen the hours of 6:00 P.M. and 10:00 o'clock A.M. of the fol -
)owing day. The Director of Public Works shall determine the
commercial areas subject to this provision.
(Ord. 30-C.S., amended by Ord. 1095-C.S. and Ord. 1134-C.S., effec—
tive 9-15-17)
SEC. S-S.1S. COLLECTION EOUIPMENT. All collections shall
be made with vehicles of a design approved by the Director of
Public Works. All collections shall be made as quietly as possible,
and use of any unnecessarily noisy trucks or equipment is pro-
hibited.
/* (Ord. 30-C.S, amended by Ord. 1095-C.S., effective 4-21-71, opera-
tive 1-1-72)
SEC. S-Lli. LICENSE TO COLLECT GARBAGE -
(a) It shall be unlawful for any person to engage in the
business of collecting garbag-., swill, industrial garbage and/or
salvageable waste within the City unless suchperson is an em-
ployet or agent of the City, or has been granted a license by the
Council so to do, or is the employee of a person who has been so
licensed-
(b)
icensed(b) It shall be unlawful for any person to interfere in any
manner with the lawful operations of such licensee or his autho-
rized agents or assignees.
(c) The City may provide is any license issued pursuant to
this chapter that the licensee may awigr. a portion or portions of
the garbage collection services for which he is so lir_nsed to one
or more agents or assignees upon approval of the City Council. The
licensee shall be responsible for the operation and conduct of such
agents or assignees.
(Ord. 30-C.S., amended by Ord. 1095-C.S., effective 4-21.71, opera-
tive 1-1-72)
SEC. 5-5.17. REMOVAL OF C11FtBAGE BY PRODUCERS. Not-
M"Oft MwktMt CAWS SM. iRle
Officer, such manner of disposal will be detrimental to the public
health or welfare, the Health Officer shall have the right to deny
such request.
(c) It shall be unlawful for any person acting as an am-
pDloyee of a producer of industirial garbage or swill to collect or
ttranspoe� garbage or swill from more than one Industrialpro-
ducer (d) Any person engaged in the business of or
tree trimmi .1L or building demolition, or conatruct� tuipp
work, including I Z; yards and building interiors, is autbosind.
to remove and dispose of rubbish produced as an incident to such
business.
(Ord. 30 -CS., amended by Orsi. 1095-C.St, and Ord. 1196-CJL.
effective 7-5-72. operative 1-1-73.)
SEC. S -LII LICOM inti TOR COLLECTIOW OT GAR-
BAGE AND INDUSTRIAL GA�AGir. The license fee for engag-
ing in the business of a-Uecting t. _".Wor industrial e9
in the City shall be the sum of One Hundred and 1310/100t.
(:100.00) Dollars per yt-ir. or fraction thereof, payable in advance.
In addition to the annual fee. the collector stall be required to
par quarterly to the City within thirty (30) days following the
close of the preceding quarter an amount equivalent to six and
one-half (6%) per cent of the gross receipts derived from the fur-
nishi of such garbage collection services within the City for the
p �diag quarter. Quarters shall terminate on ldrsrch 31, June 30,
5
prc--,
30 and December 31.
(Ord. 30-C.EL, amended by Ord. 1095-C.8-, awl Or+d. IU6-CS-,
effective 7-5-72, operative 1-1-73.)
SEC. S-LIL LICiZXU Ri AND COLLECT TON OF SWILL
AND/OR XALVAGZAZI.E WASTE. The licens-n Ito for the privi-
lege of engaging ir. the business of collecting s -id or taleageabie
wastes in the City shat be the sum of Twer;y-five and no/100ths
(:25.00) Dollars per calendar quarter, or ',Taction thereof, payable
in advance.
(Ord. 30 -CR, athended by Ord. 546-C.S. and Ord. Io9b-CS, e!%c-
tive 4-21-71, operative 1-1-7L)
withstanding the provisions of Section 5-5.16:
(a) Any person may remove or dispose of, or may cause
3k"k';C. 5-5.20. DELINOUENT LICENSE TLES.
.(a) PENALTY. To all license fees not paid within thirty
to be removed and disposed of, from premises occupied by him or
(30) days following the close of the preceding quarter there spall
under his control, such rubbish as is created or produced on suchbe
in excess of the regular garbage collection made by City's
added a penalty o: five (5%) per cent o1 -die amount of license
pprrenmuisses
fees due per month �r fraction thereof until paid; the maximum
licensee if the -ollowing conditions have been or will be complied
penalty imposed on any one delinquency occurring heretofore or
with:
1. Such removal and disposal activity shall be only b7
after shall not exceed twenty-five (25%) per cent of the
hereamount of license fees due -
the own&T or occupant personally, or by such owner's or occupants
(b) Interest. In addition to any .penalties imposed this
b7
regularly employed personnel carried on owner's of r.--cupant's
employee.
section, delinquen! license fees heretofore or hereafter
morels orels as an
an
L All vehicles used in carrying out such remrval d
shall be subject to interest at the rate of seven (7%) per
paiAL
annum untildisposal
activities shall be owned by, or under the exclusive con-
trol of owner or occupant, and shall meet all the remArements of
(Ord, 30-C.S. smendsd by Ord. 1096 -CA, and Ord- lei -CA. me-
lectfw
this chapter and all other taws and ordinances of the Stare of Call-
\
3-27-34J
forni . and the City. Any ouch vehicle shall be subject w inspection
by the Director of Public Works.
• � �
Six. 343L APPL3CATKM ramal LICZESM tJioaaa
licensee this be in
(b) Any producer of industrial garbage or swill, or hisfor
the through
under chapier shall submitted wr' to fee
City Clem. Each application mall coatain the fonow>isE
employee, may ap�ort sane upon or any street or
V
tion:In
public place of the a City for disposal at an approved disposal area
the event said producer desires to dispose of such garbage or
(a) Mame and address of the applicant. If ids appUeset is
swill at a location other than an approved disposal area, the app
pprrooval of the Health Officer shall first be obtained in writing of
<� J `�
a firm or ,names of all owners and patp#tta d all
cinsaes, tad and general, shall be listed. If do to S
the manner in which and the place at which such industrial Garb-
corporation, the nsaaes and titles of each of the sed di-
Tec= shall be listed. and in addition the tunas - � 11011 1oNe:a
age or swill is to be diapoaed of. IS, in the opinion of the ealth
owning. holding or controlling five (696) per cent or male d am-
Medotfo 14„nitiDs( C�a. SK. tii22
(bl 'i.:. ' t,e. o' - " r .r .?ht
(r.) The r.uinbr•, kind wo rapacr,; of the vehicles and
other CCtliarnefl 4) 1A - 'J; ilr+;;
(d) A ;-zwtne n' showinc the applicant's finan-
cial status and his :tnar. .,. !,• conduit the collection opera-
tion proposed in his I ; atirn:.
(Ord. 30-C.S., amer.,dt �; Ord ;49!j -CS.. . ffec:ivr 4-II.71, opera-
tive 1-1-72.)
3EC. S S2: e'i1C:f_:•'lRr. (C -,RA!,'- ;.10ENSL. Upon re-
ceipt of an apphcbt„ ,i••r hr Council shall
Pau a resolution dee,ar•1 j sitiei the appl`cation,
"ed"I MMklat Cod* Soc. 5421
setting forth notice of the day, hour and place, when and where
any and all persons may appear before the Council and be heard
thereon. The time fixed for s,:ch hearing shall be not less than
ten (10) days nor more than th:rty (30) days after the date of the
ppaassage of said resolution.
(0rd. 30-C.S, amended by Ord. 1095-C.S., effective 4-21-71, opera-
tive 1.1-72)
Six. 5.5.33. PROTESTS MAY BE FILED. At any time not
later than the hour set for the hearing. any person interested may
make written protest s?'wing objections against the granting of
such license. Such protest must be signed by the pratestant and
delivered to the City Clerk.
(Ord. 30-C.S., amended by Ord. 1095-C.S., effective 4-21-71, opera-
tive 1-1.72)
SEC. 54.24. HEARING. At the time set for the hearing, the
Council shall proceed to hear the matter. and all persons shall be
given opportunity to be heard. The Council may adjourn said hear-
ing from time to time.
(Ord. 30-C.S., amended by Ord. 1095-C.S., effective 4-21-71, opera-
tive 1-1-72)
SDC. $-5.2L COkPETITIVE BIDS. The Council may in its dis-
cretion, in lieu of considering applications for licenses, advertise
fo competitive bids for licenses hereunder.
(Ord. 30 -CB., amended by Ord. 476-C.S. and 814-C.S., Ord. 859 -
CS. Ord. 1058-C.S. and 1095-C.S., effective 4-21-71, operative
IT2)
SDC, S_L2L CMANTING LICENSES. Upon consideration of
as application or bids for a license, the Council may refuse to
grant rite regeustcd license, or may grant a license to any such ap-
licarit or bidder as may appear from said application or bids to
in its opinion best qualified to render proper and efiicient
collection service.
Livery license g, W-t4c3 by the Council pursuant to the provi-
sions of this chapter -hall cover the follow ing srtatters:
(a) The narrt -td address of the person, firm or corpora-
tion to whom the lice—v is issuea.
(b) The type of collection service authorized.
(c) Whether the license is exclusive or non-exclusive;
limited or unlimited.
(d) The term for which the license is granted.
(e) Such other conditions as the Council may provide.
(Ord, 30 -CS, amended by Ord. 1095-C.S., effective 4-21-71, opera-
tive 1-1-72)
SLC. 94LV. LMIT ON NUMBER OF LICENSES. In order to
pcesn- a the health. safety and welfare of the people in the City
*a Council hereby retains the authority to limit the numbet U
Ueown for the collection ofarbagr., swill, industrial garbage and
salvageable waste which will be issued raider this chapter.
(Ord. 30 -CA, amended - by Ord. 95".S.� and Ord. 1 ., »Stet:-
tive 4-21-71, o9erative 1-1-72)
Mod*Ne Mwwidal Cod* sec. "29
In the amount of One Hundred Thousand and no/100ths
(;100,000.00) Dollars on account of bodily injuries to, or death of,
one person.
In the atnwint of Three Hundred Thousand and no/100ths
($300,000.00) Dollars against the total liability of :he licensee on
account of bodily injuries to, or death of, more than one person
as a result of any one accident.
In the amount of Twenty-five Thousan,i and no/IOOths
(W,000.00) Dollars for one accident resulting in damage or destruc-
tion of property, whether the property of one or more than one
claimant.
A `:ability insurance policy required by this section shall in-
sure to the benefit of any persons who shall be injured or who
shall sustain damage to property proximately caused by the neg-
ligence of the licensee insured by such policy, his employees or
agents.
Satisfactory evidence that the liability insurance required by
this section is at all times in full force and effect shall be furnish-
ed the City Clerk by each licensee required to provide such in-
surance.
The policy of insurance shall contain a provision against can-
cellation except upon ten (10) days' prior written notice thereof
to the City Clerk.
(Ord. 30-C.S., amended by Ord. 859-C.S. and 1095-C.S., effective
4-21-71,operitive 1-1-72)
SEC. 5-5.29. FAITH TUL PERFORMANCE BOND BY GARB.
AGE COLLECTORS. Each person granted a license to collect
garbage pursuant to the provisions of this chapter shall file with
the City Clerk a faithful performance bond or other form of
security saris:actory to the City in an amount required by the
license. said bond or security shall be conditioned upon the faith-
ful perfom. once of all of the terms and conditions of said license
and the provisions of this chapter, insofar as they are applicable
to said licensee.
(Ord. 30-C.S , amended by Ord 1095-C S., 1134-C.S., and Ord. 1196-
C.S., effective 7-5-72, operative 1-1-73)
SEC. S -S.30. TRANSFER CF LICENSES. No license granted
by t!ie Council pursuant to the provisions of this chapter and
no ownership interest in any grantee of such a license can be
sold, transferred, leased, assigned, mortgaged, pledged, hyWthe-
cated, or otherwise encumbered or disposed of, in whole or in
part, .directly or indirectly, whether voluntarily or by operation
of law, or through any stock transfer, transfer in trust, change in
control, consolidation or mer6er of any company or corporation,
without the prior written consent of the City Council granted
after a public hearing in accordance with the procedures specified
in Sections 5-5.21, 5-5.22, 5-5.23 and 5-5.24 of this chapter. The
Council may grant or deny such a request, ane may impose such
conditions 'is it may deem to be in the public interest. Amy at-
# --#-A ,t;�irinn made without such consent shall be void.
Modesto Municipal "ode Sec. 5-6.32
BEC. 6.6.51 CHARGES. (a) Chars" to customers for garbage
service shall be set by the City Council by resolution for a license, or upon
acceptance of a bid received for a license. Said charges may be revised by
the Council from time to time :,fter the holding of a public hearing dwreosi.
(b) The basic minimum rate in the schedule of charges adopted by the
City Council shall provide for the collection of one (1) standard 000tainer of
garbage per week !ser occupied premises by the co*srtor.
(c) Charges for Industrial garbage service shall be as negotiated
between the collector and the customer and shall not be subject to City
review and mediation.
(d) The Council may impose, in addition to the basic charge for garbage service,
a separate solid waste recyeiing program charge. If such a charge is imposed, it shall
be added to the chargq for garbage service oaUeeted by the licensee and transmitted
to the City. The method of accounting for the amount of suet. recycling program
charges collected by the licensee and the time and manner of transmitting them to
the City shall be as determined by the Director of Finance.
(Ord. 32-C.S., amen hod by Ord. 1096-C.S., and Ord. 2073-C.S., effective 10-1-81)
SEC. 6-5.55. CUSTOMER MAY CONTRACT FOR EXCESS
COLLECTION. Any owner or occupant of any prem^-,** may contract
with the liconsa.e. or his agents or assigness, for special haul services for
the removal of garbage or rubbish in excess of servicrtea provided by the
Iiconw,e under regular collection fees established by the City Council.
(Added by Ord. 1046-C.S., effective 4-21.71, operative 1-1-72)
SEC. 6-6.51. LIABILITY FOR PAYMENT OF GARBAGE
CHARGES. Every person occupying. owr.:iog. controlling or maintaining
any premises or place within the City wham garbage service is requireed by
this Chapter is liable for the payment of the garbagv charm therefor.
Owners of multiple d+wiling buildings or apartments an responsible
for the paymeat of charges for garbage .ervioes rendered to parmiw owned
by them. although payments will be acoepted from tens alta.
(Addled by Ord. 1096-C.S., effective 4-21-71. operative 1.1-72)
BEC. 6-5.U. COLLECTION OF GARBAGE CHARGES. Any li-
cenes granted by the Council pursuant to the provisions of this chapter for
the collection of garbage. except induetrW garbage, shall specify whether
the charges for garbage service *:hall be billed and collectod by the City
and/or by this licensee. If a license specifies davit any or all of the charges
for garbage service shall be billed and colkcted by the City. it shall a1-*
specify the fens to be paid to the City by the 'licensee for such billing and
collection service.
(Ord. 1096 -CB., amended by Ord. 1196-C:S., effective 745-72, operative
1-1-73)
L
X
Modesto Municipal Code Sec. 6-5.36
be ,ode is accordance will: S"oo 11.1.14 of U A Code reoulating the
003 a( water service charges, and SeWoo 6-3.11 of this Code
f Is ol- I a s the patyttaent d nwst WON dnrgos.
(b) Delinquent payment of charges for garbage movies shall be
&-"isr In the sawn saamaer M delinquency for payment of Now ttarvioe
nue
Modesto Municipal Code Sec. 6-5.37
charges and/or sewer service charges, as specified in Sections 11-1.14 and
5-6.11 of this Code. Discounts for advance payment of garbage charges
shall be made in the some manner as d»counts for advance payments of
water service charges and/or sewer service charges in accordance with Sec-
tions 11.1.14 and 5-6.11 of this Code.
(c) All charges for garbage collection shall be billed to the
following pernrns:
(1) In the case of any person whose promises are connected
with the municipal water system, then to the person who requested such
connection to the municipal water system or his successor in interest, or to
any person requesting that such bill be charged to him.
(2) In the case of any person whose promises are not connected
to the municipal water system, then to the person who requested the
connection to the teenage system or his successor in interest, or if no such
request was made, th n to the owner of record of such premises on the date
on which such premises are required hereby to tommenoe garbage
collection services, or to the successor* in interest to such person, or to any
person requesting that such bill be charged to him.
id) Each charge for garbage collection service levied pursuant to
this section on any premises within the City of Modesto is hereby made a
lien t-pon such promises, and any steps authorised by law may be taken by
the City to enforce payment of such lien.
(e) In each case where a bill for garbage collection service shall
become delinquent. the Director of Finance shall cause the primime to be
disconnected from the municipal water and/or sewage system. Whenever
premises have been disconnected from either or both the municipal water
system and the municipal morege system for the nonpayment of garbage
collection charges. such premises shall not be reconnected to either the
municipal water system or the municipal sewage system until all
delinquent fees. charges and rates have been paid, together with such
reasonable charges for reconnection as may be established from time to
time by resolution adopted by the City Council.
(Ord. 105-C.S., amended by Ord. 1196-C.S., and Ord. 2030-C.S.. t,
effective 5.7-81)
SEC. 6-6.37. RECORDS REQUIRED. Each person granted a
license pursuant to tha provisions of this chapter %hail maintain detailed
records of all receipts and expenditures received or incurred in the operation
of such business, including all fees collected for services rendered. The
City, its officers anis employees shall be entitled to inspect, audit and copy
such books and records upon notice at all reasonable times.
(Aeided by Ord. 1096-C.S., effective 4-21.71, operative 1-1-72)
SEC, 5-6.36. ANNUAL FINANCIAL REPOWT BY GAR"03
COLLECTOR& Each person grunted a bosom to collect garbage or
industrial garbage pursuant to the provisions of this ailtopber AM file mcb .
year with rbe Director of Finance a detailed fiossa" atataosnt. habrding
a balance abeet and profit and loss stat osent Sol sombeso ►t d" be fibd
on or befom the dna sat forth In said liotiose for tM Aug or edendw yew
specified in said Hoses. Any peeesn granted such a lisstme abs faits to Me
said stateasent on or beton avid data abed pay a peask r of i%v deSns
(:5.00) a day for each calendar dagy or part tbaree trail! Wil elide asaR Is
n
t