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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 e 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 6. ? 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,