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
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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
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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
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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
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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
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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
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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
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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&
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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.
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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 . ..
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