HomeMy WebLinkAboutOrdinances - No. 296ORDINANCE NO. 296
I AN GRDIBAFCE PRO~~ICING THAT TI-IE CITY OF LC
I MI)EE'EWDE:NT C OlTTIdl SFALL IVIVE TEE EXC
GARI?AGE IN SAID CI
PELS $OH ThE COLLE
CGLLIXTING SAID PEES TGGETIIER YvITH 3EGULkT
D4ATVTER AND TIRiES 0
The City Counc
I follows :
Section 1. Th
means kitchen refuse and offal, s
animal, vegetable snc? other matt
I consumption or dealing in meats,
and all other vrzste matt
to, leaves, cans, glass,
cuttings from trees, lawns and gardens, ordlnarily collecting
on any occupied premises, e>rcepting dead animals and excepting
automobile and truck bodies, frames and tops, and waste materials
from building construction an6. repair or factory wastes and
refuse from incluetrial plants, all of wlhich excepted materials
must be properly removed by the owner or occupant 02 the premises
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where accumulated or by his agent.
"City h~p Ground" as used in this ordinance shall
mean and refer to that certain parcel of land situate in the
bouth one-half ol" Section 36, Township 4 ilorth, Range 6 Bast,
b. D. B, C? h. acquired by the City of Lodi by deed dated April 29,
1927 and recorded bay 9, 1927 in ITolume 189 of Oflicial Records
at page 121 thereof, Ssn Joaquin bounty Records.
Section 2. All Zsrbage collected at any grivate
dwellin-; house 01- residence shall, be collected by the City of
Lodi, actin2 throuzh indeFcndent contrzctor or contractors or
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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, except that from restaurants, grocery
stores and other places with offensive prbage or such [:arbage as
may become offensive, it shall be collected at such intervals as
necessary for proper sanitation.
Section 3. It shall be the duty of each householder
or tenant or lessee of any dwelling place, apartment or flat,
or the landlord thereof, who by reason or" contract or lease is
oSliged to care for such yarbafTe, to provide and at all times to
keep within said dwellin.. place, apartment or flat, or on the
lot oi?. wh.ich the fiwelling place is situated, -and easily accessible
for garbaze collections, a suitable and sufficient watertight
can, cans or receptacles with handles and tiZ3-t fitting covers
conformin;T with. the provisions of Orfiin.ance No. 120 of the
City of Lodi and surficient in size to hold at least one weeks
accumulation of garbage.
Section 4. The monkhly rates to be charged for garbage
collection service at any private dwelling house or residence
shall be fifty cents for one :,:arbage collection weekly of thirty
gallons or less, and for larger quantities or more frequent
collections, such amount as may be mutually a;:reed upon by the
customer and the City Garbage Collector, or determined by the
City Council as hereinafter provided. All owners of flats,
apartments, business ho?.~.ses and places not a private dwelling
or the tenpnts or 1.essees thereof shall pay sach an amount monthly
as may be determined by them a-nd khe City ';arba,Te Collector, or,
if they cannot a.?ree, b:r the City Council. In the event that a
satisfactory fee cannot, in any 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,
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and its decisfon shall be final. none of the rates referred to
herein and aoreed upon with the customer (and not ordered by the
Council) sh.all be effective until the garbage collector shall
have file3 with the City Clerk a statement of the amount to be
char?;ed, if i.n excess of fifty cents per month.
Section 5. Every owner of garbage sha.11 have the
right to remove the same but it sha.11 be unlawfi.11 ror any person
to remove ,Tarb,a?;,e from gore tha.n one place and. no person, other
than th.e regular ;;arha:e collector of‘ the City of Lodi Shall move
any :;a.rba;;e over any oi” the streets of the city witboiit, obtaining
a permit so to cio. Such permits shall be issued by the City
Clerk on application and. on the papent of the sum of Five Dollars
($5.00) coverin.:: one calendar year begirming January 1st. Permits
issued after January lst of any year will be issued for a pro-
rata charze coverin,? the unexpired part of .the year.
Section 6. For every load of garbage removed to the
City Dump r‘roucd, the Ci.ty Garbage Gollector shall charge and
collect the sun of twenty-five cents for each load of one cubic
yard or less and at the rate of fifteen cents for each additional
cubic yard or fraction thereor” in excess of one cubic yard on
the same lozd. ‘For such service, said collector shall collect and
retain the fees in this para;ra.ph provided. for his work in cariog
for the City l)wi?ping Ground.
Section 7. It shall be unlawrul for any person to burn
or bury, within the city lirfiits of the City of Lodi, any garbage
except weeds, leaves, grasz or ash.es, or to place or deposit upon
any street, alley, plzce or vacant lot, sny of the materj.als
included in the definj-tion OF the word. ;;;a.r.bage horeln, or to
remove to said city Dumpin:?; ?~ro?>.nd any material which the City
Council rmy her6ai‘ter by resol.ution, or ordinance exclude therefrom.
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Section 8, The City Clerk of the City of Lodi is hereby
a-esignated 2s the collector of all @arbage collection fees or
charges (except Dump Ground charzes provic?ed in Section 6 hereof).
Xach i!ionth, after the eff'ective date or' this ordinance, he shall
bill every ~erson, firm or corForation producing; garbage removed
bg the City by add.in,; the amount of such ?;arbage collection
fee or charge to such. persons water or electric .bill, OP, if said
person, ,firbm or corporation has not iiicumed bills for water or
electricitg,hy billing them for ZarbaFe collection alone. If sa.id
L, (.:arbage coilection fee or charge be not paid within the time
.provided by ordinance for the payment of water an6 electric bills,
the water service md the el-ectric service and garbaze service
to such delinqv.ent custo~er shall be discontinued. The same
penalties and the same rules relating to the psyrnent of water and
electric bills, 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
ma.de part b.ereof.
Section 5. For the p-irposes of this ordinance, each
apartnicnt or flat shall be consid-ered as a separate d.viell4n;:
and. no two or more producers of ?;arbage sha.l.1 use. the Same
parbage contziner.
Sectf.0~ 10. The City of Lodi has the exclusive ri.:ht
and. dutv to collect carbage in s3.id city and the City Council
shall, st such times 2nd for such period as in its jucigment is
to the best interests of the Cltg, coritrpct with any person,
firm or cork-oration for the collection of garbase, thereby
contracting with it or them, as independent contrEctors, for
such collection, fixing the surns of money or percentaps to
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be paiSi to the Sarbace collector for such collection and the
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term of such contract or contracts. Such codtr:ct shall specify
that the remuneration to be paid to such independent contractor
or contractors shall be equal to the total amount of the charges
and fees collected by the City Clerk under Section 8 of this
Ordinance less a percentage to be retained by the City as
corxpensation for its services as collector of char,.:es and fees,
which. percentage ma;T be changed from the to time by agreement
with garbage collector and by resolution of the City Council and
the contract shal.1 have therein a clause allocing such change.
The City m.ay also withhold. from the amount collected, insurance
premiwns as hereinafter provided., unless the gar'oage collector
shall, at all times, keep on file with the City Clerk satis-
factory proof that 211 insurance features hereof' have been
complied with by the garbage collector.
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Section 11. The garbage collector, eontracted with,
in accordance with the preceding section of this ordinance,
shall be considered as and shall be an independ,ent contractor
and shall be responsible to the City for the result of his work
to be done, but sh.all'act ucder his own d.irections as to .time
and manr.er of performin2 his work; and he sh.811 keep himself and
all and any of his employees insured against all liability under
California ivorhen's and %-niployee s insurance, cofiipensation and
safety laws end a6;ainst pu.blic liability and. property darna?;e,
(including all such liability for use or operation of motor
vehicles used. in the performance of work hereunder), and the
actual cost of which inswarice, the City may pay from the
arnounts collected by it from prod.ucers of prbage as provided
in Section 10 hereof. Sucn public liability insurance shall be
for annual maximum limits of $~~0,~00.00 total and $10,000.00
for one accident or injury to one person and for at least
$5,OOO.OO for property damage.
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Section 12. The City Council by resolutions adopted
from time to time, may fix the smount of' compensation to be
allowed tke City Clerk for his, services in collecting and
accountin; Tor Sarbaze collections fees and ckarges end, in
the same manner, p~ovide the citg clerk with extra clerical
assistance iT required.
Section 13. If any word, phrase, clause or paragraph
of this ordinance shall be declared unconstitutional or void
for any reason, the same ;hall 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 re i2;ardl.e s s of any other word, hbra se , clause or
parsgraph hereof.
Section l&. For the purpose of enabling permittees
to reniove garbage to the City hmp Ground, as provided in
Sections 5 and 6 hereof, Khe City Garbage Collector shall keep
the said dump grounds open from nine o'clock in the morning
until five o'clock in the afternoon (except during the noon
hour) of each day except Sundays a.nd holidays.
Section 15. Any person, firm or corporation who,
or wh.ich shall violate any of the provisions ~f this ord-inance
shall. be Ruilty of a rnisdewleanor and for each such violations
shall be punished by a fine of not to exceed Three fiundred
Dollars or by imprlsonment in the citg or county jail for not
to exceed ninety days, or by both such fine and imprisonment.
Section 16. 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 ?ays from and after its passaEe and adoption and
such publication.
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Rpproved this 15th day of December, 1943
MA?& OF THE CfTY OF LODI
ATTEST :
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 No. 296 was regularly introduced in the said City
Council in regular meeting on the 1st day of
December, 1943 and thereafter, on the 15th day of December, 1943, regularly passed, adopted and ordered to print by the following vote:
AYES : Councilmen, Spooner, Riggs, Coffield,
NOES : Councilmen, None
ABSENT : Councilmen, None
Weihe and Rinn (Mayor)
I further certify that sthe Mayor approved and signed the said ordinance on the date of its adoption.
1943