HomeMy WebLinkAboutORD NO 1961 ORDINANCE NO. 1961 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL
CODE BY REPEALING CHAPTER 8.48 AND SUBSTITUTING
IN LIEU THEREOF A NEW CHAPTER 8.48, PROVIDING
FOR THE COLLECTION, REMOVAL AND DISPOSAL OF
REFUSE AND ESTABLISHING A DIRECT CHARGE THEREFOR.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That the Bakersfield Municipal Code is hereby amended
by repealing Chapter 8.48 of Title 8, and substituting in lieu
thereof a new Chapter 8.48, to read as follows:
Chapter 8.48
REFUSE COLLECTION AND CONTROL AND CHARGE THEREFOR
Sections:
8.48.010 Declaration of Policy.
8.48.020 Definitions.
8.48.030 Charge Imposed on Ail Uses of Property in The City
Except Single Family Dwellings.
8.48.040 Charge as Debt Against Occupant of Property-- Penalty Where Legal Action Necessary to Collect.
8.48.050 Defense to Prosecution For Failure to Dispose of
Refuse.
8.48.060 Billing Landlord.
8.48.070 Billing, Collection and Payment of Charges, Refunds.
8.48.080 Additional Powers and Duties.
8.48.090 Accumulation.
8.48.100 Required Refuse Containers.
~8.48.110 Refuse Collection Points.
8.48.120 Preparation of Refuse.
8.48.130 Collection and Disposal.
8.48.140 Enforcement--Interfering With Authorized Collection--
Rules and Regulations.
8.48.150 Penalty For Violation.
8.48.160 Severability.
8.48.010 Declaration of Policy. The accumulation, collection,
removal and disposal of refuse must be controlled by the City of
Bakersfield for the protection of the public health, safety and
welfare. The Council of the City of Bakersfield finds that to
give practical effect to this policy, a comprehensive system for
the periodic collection, removal and disposal of refuse from all
premises within the City is essential and that to accomplish this
purpose in the best interests and welfare of all the citizens of
the City and for the general benefit of the co~m~unity at large,
it is necessary to provide that services should be paid for
directly by occupants of all uses of property in the City (including
multiple dwellings, mobilehomes, commercial establishments, churches,
other tax exempt institutions and public entities) except single
family dwellings, according to the extent of such service to such
uses; and that therefore, all such occupants are hereby made liable
for the refuse charges authorized under this Chapter. Every such
occupant shall pay the charges herein provided whether or not they
use the collection service.
8.48.020 Definitions. Whenever in this Chapter the following
words and phrases set forth in this section are used, they shall,
for the purpose of this Chapter, have the meanings ascribed to
them in this section.
(a) PERSON, when used in this chapter, includes and shall be
construed to mean any individual, firm, company, copartner-
ship, association, public entity or corporation occupying
the status or obligation of a person under and within
the terms hereof.
(b) COLLECTOR, shall mean an agent or employee of the City of
Bakersfield or any person, firm, corporation, or associa-
tion or the agents of employees thereof licensed by
contract or franchise to collect, transport, and dispose
of refuse in the City of Bakersfield.
(c) DIRECTOR OF PUBLIC WORKS shall mean the Director of
Public Works of the City of Bakersfield or hEauthorized
agent.
(d) REFUSE, shall mean garbage, swill, or rubbish, but shall
not include earth, dead animals, waste oil, industrial
wastes, nor building materials. BUILDING MATERIALS shall
mean bricks, stone, mortar, or other debris incident to
the construction or demolition of buildings.
(e) GARBAGE shall mean the animal and vegetable waste result-
ing from the handling, preparation, and use of foods
including discarded food containers and wrappers.
(f) SWILL shall mean all classes of putrefactive and easily
decomposable animal or vegetable matter that is subject
to immediate decay and which has some property value.
(g) RUBBISH shall include waste paper, cardboard, rags,
household ashes, lawn clippings, tree and shrubbery
trimmings, leaves, wearing apparel, household goods,
wooden containers, and all worthless, useless, unused,
rejected and cast-off matter produced by and as the
result of human habitation and the transaction of
business within the City.
(h) INDUSTRIAL WASTE means the waste by-products from the
manufacturing process.
(i) REFUSE CONTAINER means standard containers, standard
bin-boxes, detachable bin-boxes, and stationary refuse
compactor and drop-off boxes.
(j) STANDARD CONTAINER shall mean a metallic or plastic can
of sufficient strength to prevent it being broken under
ordinary conditions. It shall have a maximum capacity
of 32 gallons and not exceed 80 pounds when filled.
It shall be equipped with a fly-tight cover, cover
handles, and side bails.
(k) STANDARD BIN-BOX shall mean a stationarY container of
sufficient strength to prevent it being broken under
ordinary conditions, possessing a fly-tight, counter-
balanced lid, the top of which does not exceed thirty-six
(36) inches in'height from the surface of the ground.
(1) DETACHABLE BIN-BOX shall mean a portable container
supported on casters and approved by the Director of
Public Works for mechanical handling by the collection
trucks.
(m) STATIONARY REFUSE COMPACTOR and DROP-OFF BOX is a large
metallic refuse container capable of being detached and
hauled by mechanical means, which is connected to a
stationary, mechanical, refuse compactor for compacting
refuse in such container.
(n) SINGLE FAMILY DWELLING shall mean a detached building
containing only one kitchen, which building is designed
and used exclusively for occupancy by one family, exclud-
ing mobilehomes.
(o) MULTIPLE DWELLING shall mean a building designed for
residential occupancy, and containing two or more dwelling
units.
(p) DWELLING UNIT shall mean a building or portion thereof
containing but one kitchen, designed and/or used to
house not more than one family.
.(q) OCCUPANT shall include and mean every owner, tenant,
occupant, or person having the care or control of premises
subject to direct charge for services within the City.
(r) MOBILEHOME is a vehicle designed and equipped for human
habitation and for being drawn by a motor vehicle.
8.48.030 Charge Imposed on All Uses of Property in The City of
Bakersfield Except Single Family Dwellings. The following charges
are established for the collection, removal and disposal of refuse
from all uses of property accumulating and generating refuse in
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the City of Bakersfield, except for single family dwellings:
(a) Schedule - Minimum Charge - $2.48 Per Month.
Bi-Weekly Service
Units or Uses Using Thirty-two Gallon
Containers Requiring Hand Handling
i Total
No. of Cans Charge Per Month Cans Per Week
1 or 2 $ 2.48 2 or. 4
3 3.85 6
4 4.95 8
5 6.05 10
6 7.15 12
7 8.25 14
8 9.35 16
9 10.45 18
10 11.55 20
Units or Uses Using 1½ Cubic 'Yard Detachable Bins
Pick-up Per Week Charge Per Month
1 $ 5.50 per bin
2 9.90 per bin
3 14.30 per bin
4 18.70 per bin
5 23.10 per bin
6 27.50 per bin
Three or more bins on daily service rate is reduced to
$24.00 per bin per month.
Units or Uses Using 3 Cubic Yard Detachable Bins
Pick-up Per Week Charge Per Month
1 $ 8.80 per bin
2 14.30 per bin
3 19.80 per bin
4 25.30 per bin
5 30.80 per bin
6 36.30 per bin
Three or more bins on daily service rate is reduced to
$33.00 per bin per month.
Units or Uses Using 4 Cubic Yard Detachable bins
Pick-up Per Week Charge Per Month
1 $12.10 per bin
2 17.60 per bin
3 23.10 per bin
4 28.60 per bin
5 34.10 per bin
6 39.60 per bin
Three or more bins on daily service rate is reduced to
$35.00 per bin per month.
Units or uses using the Stationary Compactor and Drop-off
Box--S50.00 per collection.
(b) Whenever any unit or use has accumulated refuse which
cannot be collected by any regular collection service being used by
said person, he may request and receive a special collection. The
charges for special collections shall be set by the Director of
Public Works with the approval of the City Manager to reimburse
the City for the total costs of providing such service. The Director
of Public Works shall determine the appropriate means of providing
such special service.
(c) Industries in the City shall be responsible for the
proper collection and removal of industrial waste from their
premises. The Director of Public Works shall determine what is
and What is not industrial waste. Charges set forth in this section
shall not apply to industrial waste.
8.48.040 Charge as Debt Against Occupant of Property--Penalty.
A charge imposed by this Chapter shall be a civil debt owing to the
City from the occupant of the property. Any service user who fails
or refuses to pay the charges imposed by this Chapter shall be
~subject to a penalty of Twenty-Five Dollars ($25.00) or ten per cent
(10%) of the charge due, whic~hever is larger, in addition to any
interest due as a result of such failure or refusal. Said penalty
shall be applicable only in the event that it becomes necessary for
the City to co~m~ence legal action to collect the charge.
8.48.050 Defense to Prosecution For Failure to Dispose of Refuse.
Compliance with the requirements of this Chapter necessary to pro-
cure the collection and removal of refuse shall be a defense to any
prosecution for failure to remove or dispose thereof.
8.48.060 Billing Landlord. In the case of premises containing
more than one dwelling unit or business establishment, such charges
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may be billed to the landlord who shall collect such charges imposed
against the occupants of the dwelling units or business establish-
ments located on such premises, and shall transmit the amount so
collected to the City. In the event the landlord fails to collect
such charges from~any such occupant and remit the same to the City,
the landlord shall be liable to the City for payment of such charges.
8.48.070 Billing~ Collection and Payment of Charges~ Refunds.
(a) The collection of the charges imposed under this chapter
shall be under the direction, supervision and control of the
Director of iFinance.
(b) The~Director of Finance may require billings to be paid
quarterly in advance; provided, that the first quarterly charges
shall be prorated for the unexpired number of months or major part
thereof in such quarter.
(c) The Director of Finance may make refunds of advance pay-
ments on the same prorata basis if requested in writing in affidavit
form by the depositor within three months from the date of any
termination of an account, otherwise no refund shall be made.
Adjustments for any increase or decrease of service shall otherwise
be made only on a quarterly basis.
(d) All bills for the charges imposed under this Chapter are
due and payable upon presentation. Bills not paid within thirty
(30) days after the date of presentation shall be deemed delinquent.
(e) Whenever the Director of Finance determines that a person
billed has deliberately failed or refused to pay all or any part
of the charges imposed under this Chapter billed to said person,
or has failed to pay charges for two or more successive billing
periods, or whenever the Director of Finance deems it to be in the
best interests of the City, he shall serve notice on the person
billed of his delinquency.
(f) The notice shall be served on the person billed by
handing it to him personally, or by deposit in the United States
mail, postage prepaid thereon, to his last known address. If the
person billed is delinquent and fails to pay the Director of
Finance within fifteen (15) days from the date of service of the
notice upon him, which shall be the date of mailing if service is
not accomplished by personal delivery, a penalty of twenty-five
per cent (25%) of the amount of the delinquent charges imposed
under this Chapter, but not less than $5.00, shall thereupon be
imposed. The penalty shall be required to be paid in addition to
the delinquent charges.
8.48.080 Additional Powers and Duties. The Director of Finance
shall have the power and duty, and is hereby directed to enforce
the provisions of this Chapter relating .to the billing and collec-
tion of charges for refuse services, and may make such rules and
regulations as are consistent with the provisions of this Chapter
as may be necessary or desirable to aid in such administration and
enforcement.
8.48.090 Accumulation. It shall be unlawful for any person
owning, managing, or having control of any eating establishment,
hotel, motel, apartment, business establishment, rental unit,
mobilehome, vacant lot, public entities, churches and other tax
exempt institutions, and every person occupying a dwelling within
the City of Bakersfield, to permit the accumulation of refuse to
become or remain offensive, unsightly, or unsafe to public health
or hazardous from fire, or to deposit, keep, or accumulate, or
permit or cause any refuse to be deposited, kept, or accumulated
upon any lot or parcel of land, or any public or private place,
street, lane, alley, or driveway, except as herein provided.
8.48.100 Required Refuse Containers. Every person shall at all
places or premises in the City maintain sufficient clean containers,
free from jagged edges and in good repair to hold all refuse created,
.produced , or accumulated on the place or premises between regular
0
bi-weekly collections, unless a more frequent schedule has been
approved by the Director of Public Works.
1. A sufficient number of containers shall mean, but not be
limited to the following minimum:
(a) A single family residence--one (1) standard container.
(b) Multiple family dwelling--one (1) detachable bin-box
for four (4) cubic yard capacity for every twenty-five (25) units
or ratio thereof; but where impracticable, one (1) standard container
per dwelling unit.
(c) Motels, hotels, restaurants, and other commercial
establishments--detachable bin-boxes as required by the Director
of Public Works. Standard bin-boxes as defined in Section 8.48.020(k)
shall not be used as a refuse container after 90 days from the
operative date of this Chapter.
(d) Public entities, churches, other tax-exempt institutions,
and mobilehomes--refuse containers as required by the Director of
Public Works.
(e) If any use of property accumulates or generates twelve
(12) or more cubic yards of refuse per day, the Director of Public
Works may require the occupant to provide and install a Stationary
Compactor and Drop-off Box of sufficient capacity to hold
accumulated refuse, as determined by the Director of Public Works.
2. When not being filled or emptied all containers must be
kept tightly closed, and it shall be unlawful for any person, not
authorized to do so, to open such containers to collect or to scatter
the refuse stored therein.
8.48.110 iRefuse Collection Points. For collection purposes
every person shall place his refuse containers in accordance with
the following rules and regulations:
(a) In those portions of the City where there is an alley
abutting the premises, all properly prepared refuse shall be placed
adjacent to the alley as near as possible to the property line;
except when impracticable, such containers shall be placed as
directed by the Director of Public Works.
(b) In those portions of the City where there are no alleys,
· properly prepared refuse, except grass clippings, leaves, or trim-
mings, shall be placed adjoining the private driveway as near the
rear of the house as practicable but in no case more than one
hundred (100) feet distant from the property line adjacent to the
street from which such driveway extends. Properly prepared grass
clippings, leaves, or trimmings shall be placed not more than ten
(10) feet from the curb line.
(c) Refuse containers shall be placed on near ground level,
or if necessary a rack, not to exceed two (2) feet above the
ground, shall be constructed so that the containers will not tip
over.
(d) In no event shall collector be required to service under-
ground or submerged refuse containers or be required to collect
refuse through any gate not properly hinged or equipped with a
self-locking device, nor shall such collector be required to
collect refuse through or under any trellis, pergola, arbor,
clothesline, carport or within any enclosed structure. It shall
be the responsibility of the person receiving refuse collection
service to provide free and proper access to refuse containers.
8.48.120 Preparation of Refuse. For the protection of Collector
and efficient handling, all refuse shall be placed in some refuse
containers unless otherwise provided for in this section; it shall
be kept free of all liquids and further prepared in the following
manner:
(a) Garbage is to be securely wrapped with paper and placed
in either a standard ~ontainer or detachable bin-box.
10.
(b) Swill, when the Director of Publi~ Works determines a
premises is producing it in sufficient quantities so as to be
salvageable, shall be separately accumulated in standard containers,
otherwise it shall be prepared as garbage.
(c) Wooden boxes, crates, pallets, or cardboard boxes are to
be broken down and stacked neatly at the depositor's refuse collec-
tion point.
(d) Animal or human excrement is to be wrapped securely in
paper or placed in a covered box.
(e) Grass clippings are to be placed in standard or sturdy
cardboard containers, provided such cardboard containers shall not
exceed fifty (50) pounds in weight when served by the Collector.
Cardboard containers will be taken unless otherwise indicated that
they are to remain.
(f) Shrubbery and brush trimmings with branches not over one
and one half (1~) inches in diameter shall either be securely tied
in bundles on both ends not exceeding four (4) feet in length or
eighteen (18) inches in diameter, or be placed in cardboard containers
that, including their conten~s, do not exceed three (3) cubic feet
each. In no case shall they be placed in any refuse container.
(g) Leaves but no other debris from about October 15 to and
including the following January 15 may be deposited in the gutter
adjacent to the depositor's front property line. At all other
times leaves shall be prepared in the same manner as grass clippings.
(h) Household ashes must be thoroughly cold by the day of
collecti'on and placed in a disposable cardboard box not to exceed
fifty (50) pounds.
Any refuse not prepared in accordance with this section
need not be handled by Collector and if allowed to lie about and
accumulate for any length of time shall be deemed in violation of
Section 8.48.020 of this chapter.
11.
8.48.130 Collection and Disposal. (a) It shall be unlawful
for any person to collect, remove or dispose or to enter into an
agreement to collect, remove or dispose or to allow the collection,
removal or disposal of, gargage or swill, unless such person
making such collection, removal or disposal, be the Collector as
defined above.
(b) It shall be unlawful for any person to collect, remove
or dispose or to enter into an agreement to collect, remove or
dispose or to allow the collection, removal or disposal of any
salvageable or recycleable material, unless such person making such
collection, 'removal or disposal, be the Collector as defined above
or has applied for and been granted a permit for such purpose by
the City Manager.
(c) It shall be unlawful for any person to collect, remove
or dispose or to enter into an agreement to collect, remove or
dispose or to allow the collection, removal or disposal of rubbish
unless such person making such collection, removal or disposal,
be the Collector as defined above or is the person from whose
premises said rubbish is collected and removed; provided, however,
that every person engaging in the business of gardening is authorized
to collect, remove and dispose of garden trimmings as an incident
to such business.
(d) Any person in the City of Bakersfield authorized as a
Collector shall collect at least twice per week or more frequently
as required by the Director of Public Works all refuse accumulated
at any premises in the City accumulating and generating such refuse.
(e) Transportation of all garbage or swill by authorized
Collectors, shall be in leak- and fly-proof containers or in leak-
proof vehicle bodies or compartments fitted with sliding or hinged
covers, which shall be kept closed at all times except that one
cover at a time may be open during loading. All such containers,
vehicle bodies and compartments, must be kept clean at all times.
12.
(f) Transportation of all rubbish shall be in vehicles so
constructed and equipped that said rubbish cannot be blown, sifted
through, nor allowed to fall upon any street, lane, alley, or
driveway.
(g) Disposal.
1. It shall be unlawful at any time for any person
including Collector, to burn or bury any garbage within the City
of Bakersfield except at the designated Sanitary Landfill property
or other approved areas and then only in accordance with the rules
and regulations governing the use of these~disposal areas.
2. It shall be unlawful at any time for any person,
including Collector, to dump refuse at any place within the City
except at the designated Sanitary Landfill projects, unless such
other places have been approved by the City of Bakersfield.
3. It shall be unlawful at any time for any person,
including Collector, to bury any rubbish within the City of
Bakersfield, except at designated Sanitary Landfill project or
other approved areas.
(h) Ali. refuse shall otherwise become the property of the
City upon the authorized collection thereof as herein provided.
8.48.140 Enforcement--Powers and Duties of Director of Public
Works. (a) The Director of Public Works or his duly authorized
representative shall supervise the collection and removal of all
refuse by the City and shall enforce the provisions of this Chapter.
He shall have the right to inspect any and all premises for the
purpose of determining whether the provisions of this Chapter are
being observed. Any person denying or obstructing such inspection
shall be subject to the penalties herein provided.
(b) The Director of Public Works shall establish routes and
days for collection and may change the same from time to time.
When such routes and days are established or changed, he shall give
13.
such notice thereof as he may deem advisable.
(c) In all cases where he shall find that practical difficulty
in complying with the requirements of this Chapter as to the placing
of refuse for collection by the City, he shall designate where
such refuse shall be placed or kept for collection by the City
and the conditions under which it shall be collected.
(d) The Director of Public Works with the approval of the
City Manager shall make such rules and regulations'not inconsistent
with the provisions of this Chapter as may be necessary, reasonable
and proper to effect the expeditious, economical and efficient
collection and removal of refuse by the City. Such rules and
regulations may also relate to the required frequency of refuse
collections at various locations, the type and number of refuse
containers required, and the vehicles used in making such collec-
tions. The determination of the Director of Public Works with the
approval of the City Manager shall be conclusive.
8.48.150 Penalty for Violation. Any person violating any of
the provisions of this Chapter or wilfully and knowingly refusing
to comply with the rules, regulations, and determinations of the
Director of Public Works shall be guilty of a misdemeanor and upon
conviction thereof, shall be punishable by a fine not to exceed
Five Hundred Dollars ($500.00) or by imprisonment in the County
Jail for a period not to exceed six months or by both fine and
imprisonment.
8.48.160 Severability. If any section, subsection, clause, or
phrase of this Chapter is for any reason held to be unconstitutional
such decision shall not affect the validity of the remaining sections
of this Chapter. The Council hereby declares that it would have
passed this Chapter and each section, subsection, sentence, clause,
and phrase t~hereof irrespective of the fact that any one or more
other sections, subsections, sentences, clauses, or phrases be
declared unconstitutional.
14.
SECTION 2.
This ordinance shall become effective thirty days from
and after the date of its passage and shall become and be operative
on and after the 1st day of January , 1972.
o0o
15.
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 30th day of August, 1971, by the follow-
ing vote:
AYES: COUNCILMEN ~R, h.'r]?Y, /Va~.D~%-¢S, REES, RUCKER, THOMAS, WHITTEMORE
NOES: COUNCILMEN: ~
ABS'rAININO COUNCILMEN: ~ ~.~..,., -
~RI~ S. IRVIN
CITY CLE~,and Ex-Officio Clerk of the
Council of/the City of Bakersfield
CITY CLEM'S ASSISTA~
APPROVED,fhis'30t~~Y*August, 1971
~YO[ o~& Ci y Of Bakersf±eld
APPROVED:
· CITY ATTORNF~Y
Affi av ! of ost ng r nau es
STATE OF CALIFORNIA, ~ ss.
County of Kern ]
MA.RIAN S. IR¥IN, being duly sworn, deposes and sayS:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ......................... ..~.g~l~..t.....3...l. ...................................... ,19.7...1._ she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............. .A~.g..u..s...t.....3...0.. ............................. 19...7...1., which ordinance
was numbered ....... .1...9...6..1.. ...................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BAKERSFIELD MUNI-
CIPAL CODE BY REPEALING CHAPTER 8.48 AND
SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER
8.48, PROVIDING FOR THE COLLECTION, REMOVAL
AND DISPOSAL OF REFUSE AND ESTABLISHING A
DIRECT CHARGE THEREFOR.
MARIAN S~ IRVIN
Cit~~k
City Clerk's Assistant
Subscribed and sworn to before me this
...........
Notary Public in and for thc County of Kern, State of California
JI ~~ NOTARY PUBLIC - CAL,~]~N,~ ?
COUNt,