HomeMy WebLinkAboutORD NO 127 as follows:
SECTION 1.
THE S~IE AND P~VIDING A 'PEN~TY FOR "' · .... ""
EW SERIES AND ORDINANCE 'N0. 96 NEW SERIES
AND ~L OTHER ORDINANCES AND PARTS 0F · .:': ....
BE IT 0RDAINED BY THE COUNG L .0F THE CITY OF BA~MSFI~D,
The .City of Bakersfield, its duly authorixed agents,
servants~ employees or permitAGes shall 'have the exclusive right to"
gather and coll. ect garbage and rubbish.within said City and it shall
be unlawful for. any person, firm or corporation to gather or collect
the.same, except as hereinafter provided.
DEFINITIONS.
SECTION 2.
(a) For the purpose of this ordinance the wor~ "GARBAGE"
shall be held to include and mean Kitchen and table refuse and offal,
swill, and also every accumulation' of animal, vegetable and. other
matter t~at attends the preparation, consumption, decay or dealing "
in or storage of meats, fish, fowls, birds, fruits or Vegetables (savL
ing.and excepting that dead animals and offal of .slaughter houses
are not included within the meaning of said word "garbage".as herein"'
defined.)
(b) The term "NIGHT SOIL" shall be held to include and mean
the contents of privy'vaults, ceSs pools, dry wells and sinks. ....
'(c) "' ~or'the purpose of this ordinance', th'~' wor~""R~BBTS-E" .... ~ ......~:~.
shall mean and include all combustible and non-combustible waste and
refuse matter,' excepting garbage, ordinarily accumulating in and about ·
rest'dences, flats, buildings, apartment houseS, lodging'houses, hotels,
restaruants', eating houses, stores, shops, offices.and other public
buildings, and among other things it shall include tr.e..e"' trimm.'ings.~-~v,~-~.~..,?'..
grass Cuttings and' dead plants and weeds, but shall .not
mortar or other debris incident to the . . . .~.~.~-~ .............
buildi rigs. ...... ".c°nstructi.O n-... ~.~ "~ . ..~o.. 1
1. ~e te~ "NON-CONBUSTIBLE R~BISH" shall.in~.!~de
be held to mean broken crockery, broken bottles, broken brick, tin
vessels, trixmings .~rom lawns ~d flower gardens., ashe~ tree trimings,
natural soil', street sweepings, ~rth and stone and non-combustible
waste matter.
The term "CO~BUSTIBLE RUBBISH" shall include and mean
paper, pasteboard, carpets, rags, clothing~ books, boots, shoes, ·st.raw,
packing, barrels, boxes, oily rags, oily waste~ ~urniture, sawdust, -'.'·.~..
shavings and other 'similar articles that will· cinerate through ""~
contact with flames of ordinary temperature.
(d) The ~erm "ASHES" shall be held to ·include and mean the resi~
'due of matertal~ burned.
(e). The term "COLLECTOR" shall memn for.' the purposes of this.
ordinance, any.person or persons, firm or firms, Corporation or
Corporatians., who make a business of going.from hous'~ to house, '~ L~'
from place to placedcollecting garbage and rubbish in the City of
Bakersfield. ..
(~). The term "PERMITTEE" for the purpose of .this ordinance
shall be. held to mean and include any person, firm or corporation who
has been granted a permit for the removal of garbage or..~ ~Ubbish as
provided in this ordinance.
SECTION' 3.'
It shall be unlawful for any person, firm or corporati0~:"
to deposit, keep, accumulate or permit, cause or suffer any rubbish
..... or.°gar~age to be deposited, ~e~'t"or' accumul~e~'dpo~' any"~o~"'6~ "~rcel"
Of land, or on any public or private place, street, lane, alley or
drive,UnlesS ~he. Same shall be kept, deposited or allowed to accumulate
'. as hereinafter provided.
SECTION 4.
It shall
be unlawful for any person, firm or c0rDora~,
'to keep, deposit, or allow to accumulate"any .combustibl~rUbbish~jup~.h'.~y'7.!:/
any lot, or parcel of land, or on..any.publ~c or privatesplace, street,
lane alley or drive, unless the'same shall be'kept'in a ~tal:receptacle
provided with a handle or handles and said receptacle'Shall not have.
a larger capacity than fifty (80) ~allons, said receptacle to be
provided with a.close fitting metal lid'or cover which s~all be 'kept
closed at all t'imes except when necessarily opened to 'permit ruS~ish'
to be takentherefrom or deposited ~herein. P~ovided, however,".:~
receptacles. containing ashes shall have a capacity.~f ~ot less'~han'.
..
three .(S) gallons and not more than fifteen (18) gallons and
but ashes shall be placed therein. P~ovided further, it shall
be unlawful for any person, firm or corp0r~tion,'to keep or permit to
be kept or accumulated any oily rags or oily waste, except when 'in ac-
tual use, in any building or enclosure, unless the same be kept in a
metal receptacle fitted with a self closing lid or cover, s~id
~Ic ~"~ "~ ~ a .... ~ epta
..... ~_- CL~ZLZg ~""' 9Y COVSD'~ said rec cle Eeing
of durable material having riveted joints, standing on metal legs
which raise the bottom of the receptacle or container 'at least five
(8) inches' above the floor.
SECTION 8.
It Shall be unlawful for any person, .firm or-corporation
to keepS, accumulate or permit to be kept or'accumulated any n'on-
combustible rubbish as defined herein unless the. same' be kept in.a
suitable boxe or boxes, barrels or other proper receptacles to .be.
kept on each of said premises sufficient to hold the .non-combustible
rubbish which would ordinarily accumulate on such.premises.
SECTION 6.
It shall be unlawful for 'any person,· firm or corporation
to keep, deposit, or allow to accumulate any garbage upon any lot or
parcel of land, or 'on any public or private-place, street, lane, alley,
or drive unless the same shall be in a metal ~ecetacle provided with
a handle or handles and said receptacle shall not have a larger capacity
than ten ~:(lO) gallons, said receptacle to be provided with a close ..
except when necessarily opened to permit garbage to. be taken therefrom"......
or deposited therein. "~'~:"":L~"~'~'~""i'
-~.'--...."' ..:~
SECTION V.. 'Y.~-:... ..
Each receptacle containing either garbage or rubbish.". ....
shall be plainly marked on the outside to designate-~. the contents ......
thereof, and it shall be unlawful for any person to'. place or cause.. Or: .: ...
permit to be placed in the receptacle' used for combustible rubbish "'~
any'ashes whatsoever, or to place in the receptacle used for non-
combustible rubbish any ashes, or to place in any receptacles acontain-
rubbish as defined herein any garbage and it shall be the duty·of"such
person or persons to keep said rubbish,.garbage and ashes. separate "
and apart, and not to permit a comingling of either in any one receptacle,
....2.
SECTION 8.
It shall be unlawful for any owner, manager or person in
pOsseSsion, charge or 'control of any boarding.houSe.,. restaurant, care, .
hotel, apartn, ent house, eating house., and the owner, ~gent, manager of
every dwelling house or flat building 'within the Ci.t~y of B~kersfield, '.!..
whether occupied by one or more families to provide or cause to be kept
tanks or receptacles, for the keeping or permitting tO be kept of
garbage or rubbish except as herei~after prescribed. .'
SECTION 9.
Each vessel, tank or .receptacle shall be. kept or placed
in the manner following:
Where there is an alley other th'an a blind alle.y in the rear of the'
premises, suci~ vessel, tank or receptacle shall b'e pl'aced on the pre-
mises within five feet of the rear property line.
....... ~'~er.e there is no.:alley other than a blind alley .in the rear..o~f the
premises md there is a side entrance to the rear of said premises,
each such vessel, tank or receptacle shall be placed on the premises'
at an accessible poin~ not less than fifty (50) f.~et and not more than
seventy-five (78) feet ·from the property 'line. .'
curb i.n f~ont of the premises during'.. the hours-'fixed by-the"Co'llZ~.~6~'~"=~'~'~
"' "' · '. ....
tank or receptacle .shall be accessible to the garbage
.. : ... =. ~....;.. ~;.~'~., '~=.~.'....-.;~
collector when called for. ..... · .' ........
..:....~.~:.. · . .
: .~.~.... '~:'.~.'.
SECTION 10. -' ' ~"~" "
Persons desiring to collect or haul garbage or rubbish,.
ashes or m~ure as provided in this o~dinance shall first obtain a ."~"-"'-"',"'~
wrt-~ten peanit f~om the City Health Officer to so do an~o
p~son, firm or corpor'ation shall remove, collect or haul said.~ar~age
rubbish', ashes .o anure without first procuring such ~itten 'permit .' '. ".".
· . · .....:.. :.-. ....
as aforesaid. Such permit shall be e~ibited on demand of ~y poli;:~=~:'..;~'
of.fice~ or of any person for whom such person having.. such permit shall
be doing or shall offer to do such work. ..
Any person, fi~ or corporation. holding a permit as pro-..
~ided herein, upon a Violation of any pr the provisions of this ordi- '.'
nance and a conviction thereof, the said City Health Officer may
revoke such permit so issued.
SECTION ~.
It shall be unlawful for any person Other than the owner,
or someone authorized by him or any officer of said City or its autho~-
iz'ed representative, to interfere in. ~y m~nsr With any such vessel,'
tank or receptacle from the location where the s~e was placed by the
owner thereof, or to remove the contents of any such vessel, t'~k
receptacle, provided however, that during any such time as a 'contract
shall be in force-between the City of Bakersfield and ~y garbage.
such collector
or ~ubbish collector/shall remove all garbage and rubbish from all
· . places where ~e. removal of the s~e is not otherwise provided for ..
.................. . ........... ~ .- ...-, ~.. :~ -.:. ;.;..-~f-~
bY the owne~ or occupant. .'
SECTION 12.
It shall ~ the duty of' the occupant o~ every dwelling'
house ~_d the owner, agent or manager of every flat building, apart-
ment house and .the owner, agent or manager of any flat building,'
. . . .=..
apartment hOusS, hotel, restaurant ~ -care, eating house,.
· be ~mo~.ed, the 'contents of ~y vessel, ta~ or' receptacle so nea~ly
full ·that any additional deposit o~ rubbish or garbage therein
cause the same to overflow.
SECTION 15.
(a) No garbage shall be ~emoved or carried on or alo~g a~y
street or alley of the said City.of Bakersfield except the.same be
carried in carts in wa~er tight cans, or in·carts or wagons having
water· tight boxes with proper covers, so that the garbage shall not be
offensive and every such wagon or cart '~:shall be kept clean and said
· garbage shall be so loaded that 'none of" it shall fall, drip or sp~ll
to or on the ground, sidewalks or pavement..
(b) No rubbish shall be removed and carried on and along the
s~reets and alleys of the said City of Bakersfi'eld except .that'·the
same be carried, conveyed or hauled in conveyances so constructed as
to be abeolutely du~t proof and so arranged that it is impossible fop
any of 'the contents of such conveyances to sift through or fall out
upon said streets and alleys.
T~e contents of such conveyance must be further protected
so..as to prevent the same from being blown upon the streets, alleys.
ahd adjacent lands.
SECTION 14.
Nothing in this Ordinance shall he construed to·prevent·
.. the owner 'or occupant of any house or place from fee~ng the garbage
· produced in such house or place, tO chickens in proper mounts for
immediate consumption, provided such gabbage shall be wholly disposed
of each day ,rod shall be handled at all times in a manner satisfactory
SECTION 15. Every person, firm or corporation' collecting garbage or
rubbish ~must remove all garbage or rubbish before the receptacles ·""'
containing the same become so full that any further deposit in such
receptacle would-cause ·the
after collecting the same haul the same, either to the oity.Dump:'~
"'. ' . - · " -"."':'.".'-, '."".: '- .. :.' .'.-~, '. ~.."'.".~-~.:......::;.tz::...'.".~,::;':.'
, . -..-.....-.....: . ..,..%......
.... ~.~ ~-...
........ : .~::...
-~.: ...' ·.
oomple~e oompena~lon fo~ ~he 'oo~leo~!on. of suoh ~a~ba~e O~ ~ubbish
~a p~ovided in said contrast. ..
'SECTION 1V.
!
Said City of Bakersfield shall Charge the following fees
for collecting such garbage or rubbish.
(a) For such services, the owner, occupant, tenant or lessee of
each hotel, restaurant, care, boarding'house, business house, store,.
shop, apartment house, 'flat building, tenement and meat, vegetable or
fish stands 'Or'markets, or other places not a private residence or
· dWelling, sh~.ll pay. to the authorized agent or collector the sum of
twenty-five cents per tank, vessel or receptacle for removing rubbish'.'
and shall pay' to the authorized agent or collector the sum of fifty
'cents.~.per tank, vessel or receptable for colIecting and. removing
garbage.
(b) For such services,.the owner, occupant~ tenant, or'.lesSe~..'.
"'~f"~'~l'Yi~g ~.6use~ p~ivate ~side~ce, or v~c'~nt .'~6~"'sH~iY ~y .t6."tH~.~
authorized .agent or collector for removal of garbage and rubbish the
-minimum fee of fifty cents per tank, vessel or receptacle,'~rovided"'
if .said receptacle or receptacles containing garbage be taken more'
than one~ a week the maximum fee shall be one dollar per month.
All garbage accumulated at any store., shop,
hotel, care, apartment house, tenement, boarding house, or..o~ther
place not a private residence or d~velling shall be removed .b~ the'
City of Bakersfield, !l~ .... .~,~.~ its agents, employees, petittees or
representatives at regular intervals of once a day, or oftener~ when
directed by the City· Health Officer of'the City of Bakersfi.eld'/.'
All garbage accmulated on any 'private lot or parcel of
lend, private residence or dwelling sh~l be removed by the City of
· Bakersfield, its agents, employees, pemitees, representatives at
regular intervals of twice a week or oftener when directed by the
City Health Officer of the City of Bakersfield.
All rubbish accmulated at any store, shop, restaurant,
hotel, care, apartment, house, temement, boarding house, shall be
removed by the City of Bakersfield, its agents employeeS, petittees
or representatives-at regular intervals'of e~ce 'a week, or oftener when
directed by the City Health Officer of the City of Bakersfield.
All ·rubbish acc~ulated on any private lot or parcel of
· land, private residence, or dwelling shall be removed by the City
BakersfiOld, its agent·s, employeeS, permittees or 'representatives at
re~lar intervals once a week, or oftener when ~rected by
the City Health 0f~icer of the City of Bakersfiel~
SECTION 19..
~enever it shall appear to said Council that said
.~ collector has failed to comply with .the requirements of this 0rdi'nance,
or that he is carrying on, conducting and maintaining said business
in an unlawful or improper manner such permit, so granted, shall
be revoked after due notice $e the holder thereof.
'NO·garbage or rubbish·of any kind whatsoever, shall be
· · dumped at~ the City Dump Yard except between the houss of seven o'cloCk. A.M. and six (8) o'clock 'P.M.
SECTYON
.. .... It Shall be the duty ...o.f' .any. collector engaged in..or con-
-8- ducting the business 'of collecting· r~"'~ish
'Ordinance, when directed by the Health..0fficer of the City ..0.f/.S.
which said ~bbish or garbage collector may be directed.by .'s-aid"Health'.
Officer '~nd wh'ere ~bbish and garbage is accmulated and.'the~e~f..~~"'.'
end remove said ~bbish or garbage in accordance with the proVisiOns
· of. this ordinance.
SECTION 2 ~.
No stable manure from my premises ~i~hin the City of
Bkkersf~'~ld.. shall be permitted by .the person having charge or control
thereof, to acc~ulate or to be deposited on any street, alley,
public lane, or place within said City, except as herein provided,
All manure acc~ulated at any stable, corral, shed or .building, shall
be removed at re~lar intervals of not less than once a week, or 0ftener
if the Health Officer shall direct, to such place .as may be provided
by the City .Council of said City, and under 'suc~ condi~ions as the
Health Officer prescribes. All m~ure shall be conveyed and
h~dled in such m~ner as to prevent any from being dropped, spilled'
or .scattered upon any street, alley, lane or'other public place. within
said City.
A~y person either as lessee, tenant, occupant, or owner
having control of any premises where stable'manure sh'all accumulate
shall provids a suitable covered box of such dimensions and of such
capacity as to hold, accomodate and care for all manure tha~ may
be produced or accumulated on the pre~nises, and such box shall
be constructed so as'to exclude therefrom all flies or other germ-
bearing insectS.
SECTION
'The City of Bakersfield by its duly' authorized agents are
hereby authorized to contract with any person, firm or corporation
to 'collect. and haul manure. Any person firm 'or Corporation who
'contracts with said city to collect and haul suct{ manure from any..pre~
mises in said City shall change said owner, lessee., s~b!essee, .a~ent
o.r representative of said premises the maximum fee'6f o~e"'d0~~~r" "' '
· . .... ...~.~.~j:L~.. :. :-~.......... ~. ~.! .~- ! - ...'
· · .... ' ' ., . . ' .'~.-~'~-.:.'j.. '~,~ ..~ L . · '· :' ' .."~' ' "~'L':!.'~I '~.L'~-'I... ~.~,. ~'~" '~ ....~
SECTION 2~.
said sum shall be the full and complete compensation. for the .ce~l~[~.tion ·
. . . ..... .~?~.,.~ :...~:.-..-
person~ firm or corporation to collect ~nd haul said m~ure In acoord~
. ,;.. ~
ante with the provisions of this ordinate.
,~..'..... ~...... ....
Any person desiring to remove night soil shall first
obtain a written permit from the city health officer to so do'and no
night soil shall be removed by any person, firm or corporation without
first procuring such written permit, from 'the Health officer of the
City of Bakersfield. ~uch permit shall be exhibited on demand of
any police officer, or of any person for whom such person having ..:
such permit shall. be doing, or shall offer to do such work.
Such person holding such permit and intending to convey
night soil to the City Dump' Yard shall notify the person in charge
of the O~ity Dump Yard at least twelve hours before such delivery, of
such intention and .all such work shall be done .on saturday night, and
the City Ikunp Yards may be opened on such night for the purpose of
receiving such night soil.
SECTION
Each such person holding such permit' shall furnish suit, able
wagons or carts, and barrels for the removal of night soil, and such
persons shall have water tight., air tight vessels, in which the night
soil shall be tightly sealed when hauled through the streets of said.
City. Such vessels and all other apparatus used for the purposes·
herein' mentioned. shall be kept.clean and disin£eCted to the satisfaction
of the ·City Health Officer. ...."
SECTION 26.
All night soil shall be thoroughly ·de-ordiZed before
being stirred up or removed. Every vault from which. night soil is
removed shall be thoroughly cleaned and de-orderized by the. collectors.
SECTION ~.
The City Health Officers. Shall issue such psrmits. upon
application. Such permit shall contain 'the name of the person from
whose premises or building thoe night' soil is to be removed and thel
"name of the street' and number' of the house or building and shall be
shown to the .keep.er, attendant or person having Charge of the' City
Dump Yard in this ordinance mentioned by'the collector upon taking
the night soil there.
CONSTITUTIONALITY.
SECTION 28.
If any section, subsection, sentence, clause, or phrase'
of this Ordi'nance is for any reason held'to be unconst&tutional
or invalid, such decision shall not affect the remaining portion of
this ordinance. The City Council hereby declares that it would
have ¥assed this ordinance and each section and subsection' thereof
irrespectiw~ of the fact that any one or more of the sections, sub-
sections,'sentences, clauses or phrases.be declared to be unconstitu-
tional or invalid.
BREACH OF ORDINANCE.'
SECTION 29.
Every breach of this ordinance or any of its terms, con-
ditions provisions, requirements, restrictions, or limitations as the
same are herein established, created, declared, to be and shall be a
separate breach thereof.
SECTION 30.
PENALTY FOR VIOLAT IONS.
Any person, firm or corporation failing to perform an~ 'duty.
prescribed-herein,'-or violatingany of-the provisi.ons~--cf.-thi~s~ ....
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punishable by a ~ine in the s~~n not exceeding three
hundred ($~00.00) dollars or by imprisonment in the County Jail for
a period not exceeding ~ine~y
imprisonment.
(90) days or"by both such fine and
SECTION
Each such person, firm or corporation ~h-ll be de~ei~!
guilty of a separate offense for every day during any portion
any violation of any p~ovisions Of this. Ordin~nC'e' ' ' ' ' .'."' '~'
. ... . . . '.. ~' .' .~s co~itt~.~..~:
or pemitted by such person, firm' or corporation-shall 'be 'punishable~':~'~'.~"'~L
therefor as provided'by this Ordin~ce. .. ....'~
".. · ". '
REPEALING SECTION,
That Ordinance numbered S85.relating to the collection,
removal and .disposal of garbage, and Ordinance No, ·98 NeW Series
rela~ing to the accumulatioh md disposal of stable manure; and Ordi~
nance No, 98 New Series relating to the independent collection of
rubbish and.all ordinances and parts of ordinances of the City Q~
Bakersfield, in conflict herewith are hereby expressly e~eale~TM
-I.HEREBY CERTIFY that the foregoing Brdinance was regular-
ly introduced, passed and adopted by the CoUncil of the Ci'ty of
Bakersfield, on the Z~b day of ~ , 1922, by the 'following
vote:·
Ayes:. Carlisle Griffith. Hare. Hougham. Nelson. Robinson. Smith.
· ~ .........~' ........................,~ .................................................
APPR ED this 2~2,~ 'day of
. . . . . ~'Mayor 6f the~ City ~eld, ~'..
City ol lerk of the
Council of the City of Bakersfield,