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HomeMy WebLinkAboutOrdinances - No. 383383 ORDIXANCE NO. AN ORDINANCE REPEALING OFDINANCE NO. 296 AIYD THE EXCLUSIVE RIGHT TO COLLECT AND DISPOSE OF GMBAGE IN SAID CITY, DEFINING 'GBRBAGE," POSAL THEREOF AND THE MANNER OF COLLECTING SAID FEES. PROVIDING ,THAT THE, CITY OF LODI , SHALL HAW3 PROVIDING FEES FOR THE COLLECTION ATJD DIS- The City Council of the City of Lodi does ordain as follows: Sectfon 1. Ordinance ED. 296, approved December 15, 1943, is hereby repealed, Section 2. The word ngarbage" as used in this ordinance means kitchen refuse and offal, swill, every accumulation of animal, vege- table 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, lams and gardens, ordinarily collecting on any occupied premises, except- ing automobile and truck bodies, frames and tops, and waste materials from building construction and repair, or factory wastes and refuse from 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. Section 3. "City Sani3ary Fillw as used' in this ordinance shall mean the northeast one-quarter of Section 19, Township Three Rorth, Range Eight East, excepting the west sixty acres, being that area of approximately one hundred acres owned by the City of Lodi and comonly known as the "Harney Lane Sanitary Fill." ,I -1- Section 4. All garbage collecteZ at any private dwelling or residence shall be collected by the City of' hdl, acting through independent contractor or contractors or otherwise, at regular inter- vals of at least once each week, and from every business place and other places not private residences, at least once each week, except- ing that from restaurants, grocery stores and other places with of- fensive garbage or such garbage as may become offensive, it shall be collected' at such intervals as necessary f'or proper sanitation. Section 5. It shalJ, be the duty of each householder or tenant or lessee of any dwelling place, apartment or flat, or the landlord thereof, who by reason of contract or lease is obliged to cme for such garbage, ,to provide and at all times to keep within said dwelling place, apartment or flat, or on the lot on which the dwelling place is situated, and easily accessible for garbage collections, a suitable and sufficient watertight can, cans or receptacles with handles and tight fitting covers conforming with the provisions of Ordinance Eo. 120 of the City of Lodi and sufficient in size to hold at least one week's accwmlation of garbage. Section 6. The monthly rates to be charged for garbage col- lection service at any private dwelling house or residence shall be fifty cents for one garbage collection weekly of thirty gallons or less, and for larger quantities or more frequent collections, such mount as may be mutually agreed upon by the customer and the- City Garbage Collector, or determined by the City Council as hereinafter provided. not a private dwelling or the tenants or lessees thereof shall pay such an amount monthly as may be determined by them and the City All owners of flats, apartments, business houses and places -2- Garbage Collector, or, if they cannot agree, by the City Council. In the event that a satisfactory fee cannot, in my case, otherwise be arranged, the matter shall be submitted in writing by the City Clerk to the City Council, which shall fix the collection fee, by resolution, and its decision shall be final. None of the rates re- ferred to herein and agreed upon with the custoroer(and not ordered by the Council) shall be effective until the Garbage Collector shall have filed with the City Clerk a statement of the mount to be charged, if in excess of fifty cents per month. Section 7. Every owner of garbage shall have the right to remove the same, but it shall be unlawful for any person to remove garbage from more than one place and no person, other than the regular Garbage Collector of the City of Lodi, shall move any garbage over &hy of the streets of the City without obtaining a pernit so to do. Such permits shall be issued by the City Clerk on application and on the payment of the sum of Five Dollars ($5.00) covering one calendar year beginning January 1st. Permits issued after January 1st of any year will be issued for 8 prorata charge covering the unexpired part of the year. Section 8. It shall be unlawful for any person to burn or bury, vd th€n the city Limits of the City of Lodi, any garbage except weeds, leaves, grass or ashes, or to place or deposit upon any street, alley, place or vacant lot, any of the materials included in the definition 02' the word garbage herein, or to renove to said City Sanitary Fill any material which the City Council may hereafter by resolution or ordinance exclude therefrom. -3 = Section 9. The Finance Director of the City of Lodi is hereby designated as the collector of all garbage fees or charges, month, after the effective date of this ordinance, he shalljbill every person, firm or corporation producing garbage removed by the City by adding the amount of such garbage collection fee or charge to such person's water or electric bill, or, if said person, firm or corporation has not incurred bills for water or electricity, by billing them for garbage collection alone, fee or charge be not paid within the time provided by ordinance for the papent of water and electrie bills, the water service and the electric service and gmbage service to such delinquent customer shall be discontinued. the payment of water and electric bills and the discontinuance and renewal of service shall apply to the collection of garbage fees and charges, and those parts of ordinances of this City relating thereto are hereby made a part hereof. Each If said garbage collection The same penalties and the same rules relating to Section 10. For the purposes of this ordinance, each apartment or flat shall be considered as a separate dwelling and no two or more producers of garbage shall use the same garbage container. Section 11. The City of Eodi has the exclusive right and duty a $0 collect garbage in said City and the City Council shall, at such times and for such period as in its judgment is to the best interests of the City, contract with any person,firm or corporation for the collection of garbage, thereby contracting with it or them, as inde- pendent contractors, for such collection, fixing the sums of money or percentages to be paid to the Garbage Collector for such collection and the term of such contract or contracts. Such contract shall J' -4- specify that the remuneration to be paid to such independent con- tractor or contractors shall be equal to the total amount of the charges and fees collected by the Finance Director under Section 9 of this ordinance,less a percentage to be retained by the City as compensation for its services as collector of charges and fees, which percentage hay be changed from time to time by agreement with Garbage Collector and by resolution of the City Council and the con- tract shall have therein 8 clause allowing such change.,,’The City may also withhold from the amount collected, insurance permiurns as here- inafter provided, unless the Garbage Collector\ shall, at all times, keep on file with the City Clerk satisfactory proof that all insurance features hereof have been cornplfed with by the Garbage Collector. . Section 12. The Garbage Collector contracted with, in accor- dance with the preceding section of this ordinance, shall be considered as and shall be an independent contractor and shall be responsible to the City for the result of his work to be done,’but shall act under his own directions as to time and manner of performing his work; and he shall keep himself and all of his employees insured against all liability under California Workmen’s and knployeest insurance, compensation and safety laws and against public liability and property damage (includfng all such liability for use or operation of motor vehicles used in the performance of work hereunder), and the actual cost of which insurance the City may pay from the amounts collected by it from producers of garbage as provided in Section 11 hereof, Such public liabiltty insurame shall be for amma1 maximum limits of $20,000.00 total and $10,000.00 for one accident or injury to one person and for at least #~,OOO.OO for property damage. \ Section 13. Tf any word, phrase, clause or paragraph of this ordinance shall be declared unconstitutional or void for any reason, the same shall not affect any other part or parts hereof, it being the intention of the City Council to pass and adopt each word, phrase, clause or paragraph of this ordinance regardless of any other word, phrase, clause or paragraph hereof. Section 14. Any person, firm or corporation who or which shall violate any of the provisions of this ordinance shall be guilty of a misdeneanor and for each such violations shall be punished by a firre of not to exceed Five Fundred Dollars or by i?nprisonment in the City or County jail for not to exceed six months, or by both such fine and imprisonment. * Section 15. This ordinance shall be published once in the Lodi Times, a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and effect thirty days from and after its passage and adoption and such publication. Approved this 2nd day of Ismch , 1949. ely, Cita+ \ I, J. F, BLAKELY, City Clerk of the City of Lodi and ex-officio Clerk of the City Council of said City, do hereby certify that the foregoing Ordinance Fo. 383 was regularly introduced in the said City Council in regular meeting on the 16th day of February ¶ 1949 and thereafter, on the 2nd day of mrch , 1949: regularly passed, adopted and ordered to print by the following vote: AYES: Councilmen: BULL, w, LpTI;E AND RIM NOES: Councilmen: NONE ABSENT: Councilmen: TOLLIVER I further certify that the wayor approved and signed the said ordinance on the date of its adoption.