HomeMy WebLinkAboutORD NO 2042 EMERGENCY ORDINANCE NO. 2042 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 8.48 TO
TITLE 8 OF THE MUNICIPAL CODE OF THE CITY OF
BAKERSFIELD, PROVIDING FOR THE COLLECTION,
REMOVAL AND DISPOSAL OF REFUSE.
WHEREAS, on 3une 26, 1972, by Ordinance No. 2023, the
City Council repealed Chapter 8.48 of the Municipal Code, which
provided regulations for the collection, removal and disposal
of refuse in the City of Bakersfield; and
WHEREAS, repealing Ordinance No. 2023 is effective on
September 15, 1972, at which time no regulations on the subject
of refuse will be in effect; and
WHEREAS, in order that the collection, removal and
disposal of refuse may be controlled by the City of Bakersfield
for the protection of the public health, safety and welfare, it is
necessary to 'provide such regulations and to make such regulations
effective and operative on September 15, 1972.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That Chapter 8.48 is hereby added to Title 8 of the
Municipal Code of the City of Bakersfield to read as follows:
Chapter 8.48
REFUSE COLLECTION AND CONTROL
Sections:
8.48.010 Definitions.
8.48.020 Accumulation.
8.48.030 Required Refuse Containers.
8.48.040 Refuse Collection Points.
8.48.050 Preparation of RefUse.
8.48.060 Special Collections and Charge Therefor.
8.48.070 Collection and Disposal.
8.48.080 Enforcement--Powers and Duties of Director of
Public Works
8.48.090 Penalty for Violation.
8.48.100 Severability.
8.48.010 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,
copartnership, association, public entity or corporation
occupying the status or obligation of a person under and
wit'hin the terms hereof.
(b) COLLECTOR, shall mean an agent or employee of the City of
Bakersfield or any person, firm, corporation, or association
or the agents or 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 his authorized
agent.
(d) REFUSE, shall mean garbage, swill, or rubbish, but shall
not include earth, dead animals, waste oil, industrial
waste, nor building materials.
(e) BUIiLDING MATERIALS, shall mean bricks, stone, mortar,
concrete, or other debris incident to the construction
or demolition of buildings or structures.
(f) INDUSTRIAL WASTE, means the waste by-products from the
manufacturing process.
(g) GARBAGE, shall mean the animal and v~g~t~ble waSte
resulting from the handling, preparation, and use of
foods including discarded food containers and wrappers.
(h) SWILL, shall mean all classes of putrefactive and
easily decomposed animal or vegetable matter that is
subject to immediate decay and which has some property
value.
(i) 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.
(j) REFUSE CONTAINER, means standard containers, detachable
bin-boxes, and stationary refuse compactor and drop-off
boxes.
(k) STANDARD CONTAINER, shall mean a metallic or plastic
tapered can, or disposable polyethylene or plastic
bag of sufficient strength to prevent them being broken
under ordinary~conditions. Cans shall have a minimum
capacity of 10 gallons and a maximum capacity of 32
gallons; cans not to exceed 80 pounds and bags not to
exceed 40 pounds when filled. Cans shall be equipped
with a cover, cover handle and side handles or bails.
Bags shall be secured at the top.
(1) DET.ACHABLE 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
lar.ge metallic refuse container capable of being
detached and hauled by mechanical means, which is
connected to a stationary, mechanical, refuse com-
pactor for compacting refuse in such container.
8.48.020 .Accumulation. It shall be unlawful for any person
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.
8.48.030 iRequired Refuse Containers. Every person shall at
all places or premises in the City maintain sufficient clean con-
tainers, free from jagged edges and in good repair and strength
to hold all refuse created, produced, or accumulated on the place
or premises between regular twice a week 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) Single-family dwellings - one (1) standard container.
(b) Multiple-family dwellings, motels, hotels, restaurants,
and all other places and premises, including commercial establish-
mentS--detachable bin-boxes of capacity required by the Director
of Public Works, but where not used, a minimum of one (1) standard
container per unit.
(c) The Director of Public Works may require detachable
bin-boxes for mobile home parks and subdivisions, condominium sub-
divisions, bungalow courts or other similar dwelling complexes,
4.
but in the absence of such requirements, a minimum of one (1)
standard container per unit.
(d) If any place, premise or 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 shall 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.
8.48.040 Refuse 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. However, the Director of Public Works is authorized to make
reasonable exceptions.
(b) In those portions of the City where there are no
alleys, properly prepared refuse, except grass clippings, leaves,
or trimmings shall be placed adjoining the private driveway, where
feasible, as near the front of the house as practicable, but in no
case, more than one hundred (100) feet distant from the curb line
adjacent to the street from which such driveway extends. Properly
prepared grass clippings, leaves or tri~ings, and any refuse con-
tained in polyethylene or plastic bags 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 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 resPonsi-
bility of the person receiving refuse collection service to provide
free and proper access to refuse containers.
8.48.050 Preparation of Refuse. For the convenience of the
public, the protection of Collector and efficient handling, all
refuse shall 'be placed in refuse containers unless otherwise pro-
vided 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 eit'her a standard container or detachable bin-box.
(b) Swill, when the Director of Public Works
determines a 'premise 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) Animal or human excrement and all types of disposable
diapers must be wrapped securely in paper or placed in a covered box.
(d) Grass clippings may be placed in a standard container,
cardboard box or in any receptacle capable of easy handling and of
sufficient strength to prevent breakage provided such cardboard
box or other receptacle shall not e~ceed fifty (50) pounds in w~ight
when served by the Collector. Cardboard boxes and receptacles will
be taken at time of collection.
(e) Shrubbery and brush trimmings with branches not
over one and one-half (1 1/2) 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 contents, do not exceed
three (3) cubic feet each. In no case shall they be placed in
any refuse container.
(f) 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.
(g) Household ashes must be thoroughly cold by the day
of collection and placed in a disposable cardboard box not to
exceed fifty (50) pounds.
(h) Containers, cardboard boxes or other receptacles
containing grass clippings, weeds or leaves, may also contain dirt
which is incidental to such rubbish, provided that the maximum
permitted weight is not exceeded.
(i) Single items of rubbish such as cardboard boxes,
and other rejected items produced by and as the result of human
habitation, capable of easy removal and not exceeding fifty (50)
pounds, which are inconvenient to place in containers or other
receptacles, may be placed adjacent to the alley or not more than
ten (10) feet from the curb line where there are no alleys at
single-family dwellings in the City, and shall be taken by the
Collector.
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
Ye
Section 8.48.020 of this Chapter.
8.48.060 .Special Collections and Charge Therefor. Whenever any
place, premise or use of property has accumulated refuse which
requires hand handling and is not prepared in accordance with Section
8.48.050 of this Chapter, or when accumulated refuse requiring hand
handling has not been regularly collected due to obstruction or other
factors impeding pick-up during scheduled collections, over which the
occupant has control, collection of such refuse shall be considered
a special collection.
(a) Charge. Charges for such special collection shall
be $15.00 per hour with a minimum charge of $2.50 for the first 10
minutes or fraction thereof. Time charged after the first 10 minutes
shall be on t'he basis of 5-minute intervals calculated to the nearest
5 minutes. Such charges may be adjusted from time to time by the
Director of Public Works, with the approval of the City Manager, to
reflect the actual cost of providing such service.
8.48.070 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
garbage 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 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. Collector, after his collection from individual
metallic and 'plastic cans, shall replace such cans in their original
positions and replace all covers.
(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.
(fl) 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.
(gl) 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 projects or other approved areas.
(h) All refuse shall otherwise become the property
of the City upon the authorized collection thereof as herein
provided.
(i) 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.
(j) Upon request, the City may, but need not, collect
and remove industrial waste, building materials and any other
matter not provided for herein, from premises using a receptacle
approved by tlhe Director of Public Works. When the City performs
such service the charges shall be at the rate of $50.00 per collection.
8.48.080 Enforcements-Powers and Duties of Director of Public
Works.
(a) The Director of Public Works 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 with the
verbal or written consent of the property owner or renter or their
bona fide agent to inspect any and all premises for the purpose of
10.
determining Whether the provisions of this Chapter are being observed.
Without the aforementioned consent, a search warrant must be obtained
if he believes it is in the best interest of the City to pursue a
determination.
Any person denying or obstructing such inspection,
provided a search warrant has been obtained, shall be subject to
the penalties herein provided.
(b) The Director of Public Works shall establish routes
and days for collection and may change same from time to time. When
such routes and days are established or changed, he shall give 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 incon-
sistent 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 collections. The determination of the Director of Public
Works with the approval of the City Manager shall be conclusive.
8.48.090 Penalty for Violation. Any person violating any of
the provisions of this Chapter or willfully and knowingly refusing
to comply with the rules, regulations and determinations of the
11.
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 ($500.00) or by imprisonment in the
County Jail for a period not to exceed six months or by both fine
and imprisonment.
8.48.100 Severability. If any section, subsection, clause,
or phrase of this Chapter is for any reason held to be unconstitutional
such decision shall not affect the validity of the remaining sections
of this Chapter. The Council hereby declares that it would have
passed this Cihapter and each section, subsection, sentence, clause,
and phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
unconstitutional.
SECTION 2.
This ordinance is an emergency ordinance for the immediate
preservation of the public health, peace, property, safety and
general welfare and providing for the daily operation of a department
and shall take effect on September 15, 1972.
o0o
12.
I HEREBY CERTIFY that the foregoing Emergency Ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the llth day of September, 1972,
by the following vote:
AYES: COUNCILMEN Bl"'r~r~E;t~, HEISEY, MEDDER$, REE$, I~UCKER,, THO~, WHITTI~MO~
NOES: COUNCILMEN: ,~/~ ......
ABSTAINING COUNCILMEN; ,,~'~ f;O,[_...x~ ,,, , ,, , ,
MARIAN S, IRVIN
CITY CLERK and Ex-Officio Clerk of the
Council? of the City of Bakersfield
.f f~ -- ___C~tv2Clerk's~AsSistant-
APP~V~is 11~ d~.~.f September, 97 ~~C~y~~f Bakersfield
APPROVED:
CITY ATTORNEY
Affi av ! of r nan es
STATE OF CALIFORNIA,~ ss.
County of Kern J
MARIAN 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 ...................... .S...e.l~..t..~..m_b...e..r.....~. ................................. 19.~..2... 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 .............. .S_~p.~..e..m...b...e..r._..1..l_ ..................... 19...7...2.., which ordinance
was numbered......2...0.~..2. ......................... New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 8.48 TO
TITLE 8 OF THE MUNICIPAL CODE OF THE CITY OF
BAKERSFIELD~ PROVIDING FOR THE COLLECTION,
REMOYAL AND DISPOSAL OF REFUSE,
MARIAN S. IRVIN
CITY CLERK arid 'Ex-0~ic£0 Cl'e'rK'-0~' "th'e
Council ~£ the City of Bakersfield
- City Clerk's ASsistant -
Subscribed and sworn to before me this
41 ~'~.~:] NOTARY PUBLIC-
'il ~ PRINCIPAL OFFICE IN
~JJ ~ KERN COUNTY
ti-' MY COMMISSION EXPIRES JUNE 9,