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HomeMy WebLinkAboutORD NO 396 ORDINANCE NO. ~ NEW SERIES AN ORDINANCE REGULATING THE COLLECTION AND DIS- POSAL OF REFUSE, GARBAGE AND RUBBISH IN THE CITY OF BAKEHSi~IELD, FIXING RATES TO BE CHARGEO FOR SUCH COLLECTION, AUTHOHIZING AND PROVIDING FOR THE ENTERING INTO OF A ~ONTHACT WITH SOME PERSON, FIRM, CORPOHATION OR ASSOCIATION FOR THE COLLEC- TION AND DISPOSAL OF REFUSE, GARBAGE AND RUBBISH IN THE CITY OF BAKEx~SFIELD, AND FIXING TEHMS AND CONDITIONS UNDER WHICH SV~CH CONTRACT SHALL BE LET,_A3 PROVIDING PENALTIES FOR THE VIOLATION OF y~H~S ORDINANCE AND REPEALING ALL ORDINANCES IN _ ~ CONFLICT HEKEWITH. BE IT ORDAINED BY THE COUNCIL OF THE CI'IT OF BAKERSi.=IELD, as. follows: SECTION 1. DEFINITIONS (a) Contract Agents: - The general term "Contract Agent" shall include and mean, for the purpose of this ordinance, an agent or employee of the City of Bakersfield, or any person, firm, corporation or association, or the agents or employees thereof with whom the City of Bakersfield shall have duly contracted under the terms hereinafter set out in this ordinance, and under the provisions of the Charter of the City of Bakersfield, with amend- ments thereto, to collect, transport through the streets, alleys or public ways of said City, and dispose of refuse, garbage and rubbish produced within the limits of said City. (b) Ashes: -Shall include and mean the residue of all materials burned. (c) Combustible Rubbish: - The term "Combustible Rubbish" shall include and mean paper, pasteboard, carpets, rags, clothing, boeks, straw, packing, barrels, boxes, oily rags, oily waste, furniture, sawdust, shavings end other similar articles that will cinerate through contact with flames of ordinary temperature. (d) Dump Grounds: - The term "Dump Grounds" and/or "City Dum" and/or "Dump" shall include and mean any property the City P of Bakersfield shall designate at any time to be used for the dis- posal of any or all refuse, garbage, rubbish or other waste material that may accumulate within the said City. (e) Garbage: - The term "Garbage" shall include and mean kitchen and table refuse and offal. Also, every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowls, birds, fruits or vegetables, saving and excepting dead animals · and offal of slaughter houses. (f) Incinerators: - The term "Incinerator:' shall include and mean fire proof receptacles to be used for disposing of c~n- bustible rubbish on private premises. (E) Night Soil: - The term "night soil" shall include and mean the contents of privy vaults, cess pools, drywells, and sinks. (h) Non-Combustible Rubbish: - The term "Non-Combustible Rubbish" shall include and mean broken crockery, broken bottles, broken brick, tin vessels, ashes, natural soil, Street sweepings, earth, stone and non-combustible waste matters. (i) Rubbish: -The term "Rubbish" shall include and mean all combustible ar~l non-combustible waste and refuse matter, ex- cepting garbage ordinarily accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops, offices and other public buildings. Among other things it shall include tree trimmings, grassycuttings, dead plants and weeds, but shall not include brick, mortar, or other debris incident to the con- stmmction or demolition of buildings. (j) Refuse: -The general term "Refuse" shall include and mean all matter and materials which are rejected by the owners or producers thereof 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. (k) 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". (1) Semi-Combustible Rubbish: - The term "Semi-Combustible Rubbish" shall include and mean boots, shoes, cut shrubbery, tree and shrubbery trimmings, dead flowers, grass cuttings, feathers, yard scrapi'ngs and similar articles of waste or rejected matter of any kind that will incinerate though not readily through contact with flames of ordinary temperature. SECTION 2. REGULATIONS FOR ACCUMULATION. It shall be unlawful for any person, firm or corporation to deposit, keep, accumulate or permit, cause or suffer any rubbish or garbage to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to accumulate as hereinafter provided. (a) Combustible Rubbish. It shall be unlawful for any person, firm or corporation to keep, deposit or allow to accumulate any "Co~bustible Rubbish" upon any lot or parcel of land or on any public or private place, street, lane, alley or drive, unless the same shall be kept in a metal receptacle provided with handles and said receptacle shall not have a larger capacity than 50 gallons, said receotacle to be provided with a cloSe-fitting metal lid or cover which shall be kept closed at all times except when necessarily opened to permit combustible rubbish to be taken threfrom or deposited therein. (b) Garbage. It shall be unlawful for any person, firm or corporation to keep, accumulate or permit to be kept or accumulated 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 receptacle provided with handles; said receotacle shall have a capacity of not less than five (5) gallons and not to exceed thirty (30) gallons, said receptacle to be provided with a close-' fitting metal lid or cover which shall be kept-closed .at al~s · ." '."~.'. · .' Z 2' .,'" .' box o~ boxesm on ~oh o~ s~td p~lse~m ~u~1olen~ ~o hold ~h~ non-oombus~tbl~ ~o~ non-oo~bus~lbl~ pubblsh ~ ~sh~s~ op ~o pl~o~ in ~T ~- o~p~ol~ o~lntn~ ~ubbtsh ~ ~b~mud 1~ ~Rll b~ ~h~ du~ o~ ~uoh p~ ~y one ~ecept~ole. ~e the~e is ~ ~lley, othe~ th~ ~ blind ~lley, in t~e ~e~ of ~e premises, s~c~ vessel, t~nk o~ ~ecep~cle sh~ll be placed on t~e p~e~ises ~it~n five (B) fee~ of the ~e~ p~ope~ty line. BEOTION ~ TR~BPORTA~ON. ]o ~b~e sh~11 be ~e~oved ~d ~ried on o~ ~on~ ~ny street ~ ~11ey of the s~id Oity of B~ke~sfield except the s~ be t~nspo~ted in ~te~ tl~ht containers with p~opez covezs, so that the ~rb~e sh~11 not be offensive ~nd every s~ch cont~ine~ sh~11 be ~ept clean ~nd s~id g~b~e sh~ll be so loaded that none of it sh~ll f~11, ~ip p ~ement. (b) ~bbish Transportation. ~o ~bbish sh~ll be ~e~oved ~nd c~ied on ~nd ~lon~ ~e .. .. ~.~' .... . = ~-,. '~ - .. ."~;~'.~-- ~ .=-z:.~... streets and alleys of the said City of Bakers field except that the same be carried, conveyed or hauled in conveyances so constructed as to be absolutely dust proof, and so arranged that it is im- possible for any of the contents of such conveyances to sif~ through or fall out upon said streets and alleys. The contents of such conveyances must be further protected so as to prevent the same from being blown upon the streets, alleys and adjacent lands. (c) Garbage Collection. All garbage accumulated at any store, shop, restaurant, hotel, cafe, apartment house, tenement, boarding h~use, or other place not a private residence or dwelling shall be removed by the City of Bakersfield, its agent, employees, permittees or representatives at regular intervals of once a day, unless other- wise directed by the City Health Officer of .the said City of Bakersfield. All garbage accumulated on any private lot or parcel of land, private residence or d~,elling shall be removed by the City of Bakersfield, its agents, employees, permittees or re- presentatives at regular intervals of twice a week, unless other- wise directed by the City Health Officer of the City of Bakersfield. (d) Rubbish Collection. All rubbish accumulated at any s tore, shop, restaur~.~t, hotel, care, apartment house, tenement, boarding house, private lot or parcel of land, private residence or dwelling shall be removed by the City of Bakersfield, its agents, employees, permittees, or representatives at regular intorvals once a week, or oftener when directed by the City Health Officer and/or the City Fire Mar- - shal of the City of Bakersfield. (e) City Health Officer Directs Removal~ It shall be the duty of any collector engaged in or cu~ducting the business of collecting garbage and/or rubbish by -5- -..f .-. -': ~ .. ·.. . '.. -... permittee, or representative, under this ordinance, when directed by the City Health Officer of the said City of Bakersfield, to immediately call at any prenn~ses in the City of Bakers field to which said rubbish or garbage collector may be directed by said Health Officer, and where garbage and/or r~xbbish is accumulated and there collect and remove said garbage and/or rubbish in accord- ance with the provisions of this ordinance. SECTION 4. RATES FOR COLLECTION. (a) Single Households. For the service of collecting all refuse, garbage or rubbish ordinarily produced in and about the household, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, each separate household having refuse containers shall not be required to pay more than the following rates: QUANTITY PER COLLECTION RATES PER MONTH FOR THE FOLLOW- ING NUMBER OF COLLECTIONS WEEKLY. 30 gallons or less 31 to 40 gallons 41 to 50 gallons 51 to 60 gallons .50 $1.00$1.55"$2.40 .60 1.20 1.65 3.00 .70 1.40 1.95 3.60 · 80 1.60 2.25 4.20 Where the regular accumulation of gsrbage exceeds sixty (60) gallons per collection the excess garbage shall be removed at the rate of ten (10) cents for each ten (10) gallons or fraction thereof, for one collection each week; for more frequent collections the rate shall increase at the same ra~io as set forth in the above ached ule. The above schedule of rates for' collection and removal of garbage shall include the collection, removal and disposal of rubbish where the accumulation of said rubbish does not exceed one (1) barrel of fifty (80) gallons capacity per collection. (b)' Business Places or Establishments. For the ~ervice of collecting all garbage and rubbish ordinarily produced in and about business places or establish- ments, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, each sep- arate business place or establishment having refuse containers shall not be required to pay more than the following rates: ~JANTITY PER COLLECTION RATES PER MONTH FOR TPRE FOLLOW- ING NUMBER OF COLLECTIONS WEEKLY Less than 10 gallons 1 2 3 6 '~ $ .50 1.00 1.35 2.40 2.'~5 The above schedule of rates for collection and removal of garbage shall include the collection, removal md disposal of rubbish where the accumulation of said rubbish does not exceed thirty (30) cubic feet per collection. Where the regular accumulation of rubbish per collection exceeds thirty (30) cubic feet the excess rubbish shall be re- moved and the charge for said excess shall not exceed the follow- ing rates: QUANTITY PER COLLECTION RATES PER NONTH FOR THE FOLLOW- .IN_G NUMBER OF COLLECTIONS WEEKLY 1 2 3 6 ? For each 1~. cubi~feet over .30 .80 .V8 1.00 1.75 2.00 or fraction thereof - Provided, however, where the regular garbage accumulation exceeds ten (i0) gallons or more per day at any place of business or establishment, (said garbage to have a fluid content not to exceed 28%), it shall be removed free of charge by the Collector, and shall be deemed of sufficient value to compensate the Collect- or in full for the removal of rubbish, not exceeding 30 cubic feet per collection. For said garbage the Collector must fur- nish the necessary containers, and said containers shall meet -V- all requirements of the Health Department as to sterilization and sanitation. Said Collector shall remove garbage and rubbish from places now used for the purpose of storing such garbage and rubbish, or from such place as may be designated by the City Health Officer, and shall not remove garbage and rubbish f~om hotels and restaurants between the hours of 10:30 P. N. and 6 A. N. Provided, further, that apartments and tenements not pro- ducing ten (lO) gallons of garbage per day shall in that case for the service of collecting all refuse, garbage and/or ~ubblsh ordinarily produced in and about apartments and tenements, the rates for the whole apartment house or tenement payable in one fee, pay the following fees: 1. For five (5) or less apartments the rate shall not exceed one dollar fifty cents ($1.50) per month for two collec- tions per week. 2. For more than five (5) apartments the rate for each apartment shall not exceed thirty (30) cents per month for ~wo collections per week, forty-five (45) cents per month for three (3) collections per week, and seventy-five (V5) cents per month for six (6) collections per week. '(c) Office Buildings, Places of Business. For the regular collection, removal and disposal of rubbish from any office building using a common container or from any premises or place of business producing said refuse (excepting those premises for which rates are hereinabcve specified) the rate per month for said collection shall not exceed the following: qUANTITY PER COLLECTION COLLECTIONS PER WEEK tl 2 3 6 V 5 or less cu. ft. $1.00 1.50 2.00 3.00 6 to 15 cu.ft'. 1.50 2.50 3.25 5.00 16 to 30 cu.ft. 2.00 3.50 4.50 V.O0 e - (d) Decayinn VeEetable Natters. For the collection of decaying vegetable matter in lots of less than two (2) tons the ra..~e shall be not more than twenty °(~-0), cents per one hundred (lO0) pounds, with a minimum char'ge of one ($1.OO) dollar; and in lots of more than two (2) tons the rate shall be not more than ten (lO) cents per hundred (100) ~ounds. ( e ) Irreguls~ Collections. For the occasional or irregular collection of refuse for which rates are not hereinbefore fixed the refuse collector shall be entitled to charge at the rate of one dollar and fifty cents ($1.50) per cubic yard with a minimum cha~ge of seventy-five cents. It shall be the duty of the refuse collector to make such collections upon being prop- erly notified. SECTION 5. DISPOSAL. (a) City Dump Grounds. The City of Bakersfield shall provide a parcel of land known as the City Dump Grounds, situated without the City Limits of said City. All garbage, rubbish, stable manure, ashes or other refuse collect- ed within the City of Bakersfield shall be delivered to said City Dump Grounds and disposed of in accordan. ce with the regulations of said Dump Grounds and in accordance with the instructions of the Manager or Custodian in charge of said Dump Grounds. (_b) Hours of Disposal.. No garbage or rubbish of any kind whatsoever shall be dnmped at the City Dump. Grounds except between the hours of V o' clock A.M. and six (8) o'clock P. M. (c) Custodian of City Dump Grounds. It shall be the duty of any Refuse Collector engaged in or con- ducting the business of collecting garbage and/or rubbish by contract with the City of Bakers field, or ac.ting as its agent, permittee or representative, under this ordinance, to maintain at the City Dump Grounds a competent employee who shall be known as the Custodian of said Dump Grounds. Said Custodian shall remain at said Dump Grounds at all times during the hours provided by this ordinance for the dis- posal of all garbage and/or rubbish. Said Custodian shall have complete charge of said Dump Grounds in accordance with Rules and Regulations as provided in this ordinance, or such other rules and regulations as may be -9- adopted by the City Council, and he shall direct the dumping and dis- posal of all garbage and/or rubbish delivered there by the Collectors. (d) Rules and Reaulations of City Dump. The Custodian of th~ City Dump Grounds shall be guided, at all times, by the following Rules and Regulations for same. 1. Hours open for service: - From 7:00 A. M. to 6:00 P. M. daily except Sundays. 2. Sanitation shall be the chief objective and under no conditions will an unsanitary condition be tolerated. 3.' Dumping shall be orderly and systematic in order that dump area shall be most efficiently used. 4. All salvage material shall be disposed of as rapidly as possible in order to keep down accumulations to a minimum. 5. Private individuals bringing their own refuse to dump grounds will be required to dump as directed and will receive courteous treatment from attendants. 6. Roads and driveways must be maintained for safe accessibility to all parts of the dump. 7. Accumulation of non-combustible rubbish (autos, etc.) shall be disposed of at first opportunity the market affords. 8. Entrance end approach area shall be maintained in a clean and safe condition. SECTION 6. TRUCKS. Every t~uck used in the collection and removal of garbage, and/or rubbish, shall be kept well painted, clean inside and out, and in a prominent place on each truck display the following sign: GARBAGE SERVICE BAKERSFIELD, CALIF. N0. SECTION 7. WEIGHING. The City reserves the right to require the Contractor to send to public scales all of its loaded trucks carrying refuse, garbage and rubbish originating within the boundaries of the -10- ' ':'~ ~' · . ...,~,_ .. · ~, .: .V'.._ '-'-'.. :""' ':~.':~j':Z~;.'~:' ~ ''~'' City for a period not exceeding ten (10) days in any one year, for the purpose of weighing the ssme, at city expense. SECTION s. BUEYZ. " HESSE It shall be unlawfUl to deposit or bury any refuse within the City Limits; provided, however, that rubbish and waste matter may be made use of when leveled and properly covered, on written permission of the City Health Officer for the filling of low lots within the City Limits. SECTION 9. BURNING RE~USE. Refuse may be burned as regulated under Ordinance No. 339 New Series of the City of Bakers field. Provided, however, that it will be unlawful to create dense smoke and offensive odor therefrom. SECTION 10. EMERGENCY REMOVAL. Nothing in this ordinance shall be deemed to prohibit the removal and hauling by an unlicensed person of materials con- sidered by the Health Officer or Fire Chief to constitute a health menace or a fire menace of such nature as necessary to be ordered by either of said officers to be promptly removed. SECTION 11'. PRODUCER HAULING. Nothing in this or~linance c~ta.ined shall be construed to prohibit any producer of refuse, garbage, or rubbish to personally haul, in producer's vehicle~ through the streets of the City of Bakersfield, and disposing ~f same without the limits of the City of Bakers field, providing that such hauling and dis- posal shall at all times be subject to the approval of the City Health Officer, and provided, further, that said hauling and dis- posal of garbage and/or rubbish shall not be done without a written permit of the Health Officer. SECTION 12. HEALTH OFFICER REGULATIONS. The health officer shall have power to establish rules and regulations not inconsistent with this ordinance, governing the collection and disposal of refuse, garbage or rubbish, pr.~..~de& -n- .- ' ..~;....~...:..'.... that such rules and regulations 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 Bakers- field. SECTION 13. ENFORCE~ENT. The Health Department is hereby specifically reouired to enforce the provisions of this ordinance, and shall have the right to enter any anl all premises for the purpose of determining the sanitary condition thereof, and any person denying or obstruct- ing such entry shall be subject to the penalty herein provided. It shall be unlawful for any person in any manner to interfere with the collection o~ disposal of refUse, garbage or rubbish by any person, firm or corporation auhhorized by lic- ense or contract to collect and dispose of the sane. SECTION 14. CONTRACT. For the collection and disposal of Refuse, Garbage and Rubbish, a Contract for a period not to exceed t'en (10) years may be entered into by the City of Bakersfield, in accordance with and subject to the terms and conditions of this ordinance and the City Charter. Such contract shall.provide that the Contractor shall collect and dispose of the Refuse, Garbage and Rubbish in the City of Bakersfield, in the manner in this ordinance provided, and shall not chsrge any amounts in excess of the rates specified, in this ordinance. Said contractor shall be required to furnish a surety bond to the City of Bakersfield, in the sum of Five Thousand Dollars ($8,000.00), conditioned upon the faithfUl per- formance of the contract and the provisions of this ordinance'. Such contractor shall have the sole and exclusive right, except as in this ordinance otherwise provided, to collect all refuse, gar- bage and rubbish in the City of Bakersfield, and transport the same through the streets and public ways of said City. Said Contract shall further provide that said con- tractor shall be required to dispose of all such re~.~ bage and rubbish at the said City Dump as provided in inance, and provided, further, that such disposal Dump shall have the approval of the County Health Officer and the State Board of Health. Such contract shall also require that said Contractor procure for the period covered by the proposed cen~ract, full compensation insurance with an "Industrial Oartier" as defined by and in accordance with the provisions of the Act of ·the Legisla- ture of the State of California, known as "Workmen's Compensation Act", approved May 28, I~IS, and as subsequently mended. Such contract shali also require that said Contractor carry public liability insurance to the extent of fifty .thousand ($80,000.00) dollars for the death or injury to one person~ and one hundred thousand ($100,000.00) dollars for the death or injury of more than one person, and property damage insurance to the extent of five thousand dollars ($~,000.00) dollars, upon each of the trucks or other vehicles used by him in carrying out the work called for in the contract; such insurance to cover both the City and the refuse collector. The City Council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems nec- essary to protect the interests of the City of Bakersfield. Before said contract shall be entered into, sealed bids shall be called for by the City Council and the contract 'awarded · to the highest responsible bidder. Each proposal or bid shall be accompanied by a certified check payable to the City of Bakersfield, in the sum of Five Hundred ($~00.00) dollars, ·which sm shall be forfeited to the City of Bakersfield if the bidder to whom is awarded the contract shall fail or refuse to enter into the con- tract within ten (10) days after the date of mailing to the success- ful bidder the "Notice of Award of Contract". The Council reserves the right to reject any and all bids. .... SECTION 15. CONSTITUTIONALITY. If any section, sub-section, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining Sections of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, sub-section, sen- tence, clause and phrase thereo'f, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. SECTION 18. PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance or wilfully non-complying with any of the terms, requirements or provisions contained herein, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed Three Hundred ($~00.00) Dollars, or by imprisonment in the .County Jail for a period not exceeding ninety days, or by both such fine and imprisonment. SECTION 17. REPEALING 0HDINANCES. All ordinances or parts of ordinances in conflict here- with are hereby expressly repealed. ..... 0 )0 ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regu- lar meeting thereof on the ~'D~ay of ~ , 19 ~ , by the following vote: Uity Clerk Clerk of the Council of the City of Bakersfield. , 19 . .. ...........:;... .... ,....:.....