HomeMy WebLinkAboutORD NO 2414EMERGENCY ORDINANCE NO. 2414
NEW SERIES
AN EMERGENCY 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.
WHEREAS, since the passage of the Jarvis Amendment which
becomes effective July 1, 1978, has severely limited revenues to
the City; and
WHEREAS, such revenues are necessary for the daily opera-
tion of the City in the 1978-79 fiscal year and years following;
and
WHEREAS, Section 24 of the City Charter provides for the
enactment of emergency ordinances for the daily operation of
municipal departments and the appropriation of money through a
service charge for refuse collection.
THEREFORE, 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.
8.48.
8.48.
8.48.
8.48.
010
020
030
040
O50
8.48.060
8.48.070
8.48.080
8.48.090
8.48.100
8.48.110
8.48.120
8.48.130
Declaration of Policy.
Definitions.
Nature and Schedule of Refuse Disposal Charges.
Schedule "A" - Schedule of Monthly Charges for
Detachable Bins.
Schedule "B" - Schedule of Monthly Charges for
Standard Containers.
Charge as Debt Against Occupant of Property - Penalty.
Increases or Decreases In Charges
Billing Property Owner.
Billing, Collection and Payment of Charges - Refunds.
Additional Powers and Duties.
Accumulation.
Required Refuse Containers.
Refuse Collection Points.
8.48.140
8.48.150
8.48.160
8.48.170
8.48.180
Preparation of Refuse.
Collection and Disposal.
Enforcement - Powers and Duties of Director of Public
Works.
Penalty for Violation.
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 places
and premises within the City is essential and that to accom-
plish this purpose in the best interest and welfare of all the in-
habitants of the City and for the general benefit of the community
at large, it is necessary to provide that such services should be
paid for directly by occupants of all uses of property in the City,
and that therefore, all such occupants are hereby made liable for
the refuse charges imposed under this chapter. Every such occupant
shall pay the charges herein provided whether or not they use the
refuse collection service in all cases where such requirement is
lawful.
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, co-
partnership, 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 con-
tract 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, liquids,
industrial waste and building materials; refuse does not
include heavy or bulky articles or objects such as trees,
tree limbs, logs, automobile bodies, large motor vehicle
parts, abandoned appliances or household or business
fixtures, or any other substance, material or object
that cannot be properly and safety collected and
transported in the collection vehicle.
(e) BUILDING MATERIALS, shall mean bricks, stone, mortar,
concrete, or other debris incident to the construction
or demolition of buildings or structures.
(f) GARBAGE shall mean the animal and vegetable waste result-
ing from the handling, preparation, and use of foods
including discarded food containers and wrappers.
(g) SWILL shall mean all classes of putrefactive and easily
decomposable animal or vegetable matter that is subject
to immediate decay and which has some propertly value.
(h) RUBBISH, shall include waste paper, cardboard, rags,
household ashes, lawn clippings, tree and shrubbery
trimmings, leaves, wearing apparel, household goods
and such 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, that can be properly and safely collected and
transported in the collection vehicle.
(i) INDUSTRIAL WASTE, shall mean solid wastes or waste material
resulting or left over from industrial processes and
manufacturing operations including, but not limited to:
fibers; fabrics; plastics; styrofoam; rubber, resins;
metals; slag; wood products, such as sawdust and shavings;
packing materials; putrescible material from food
processing plants and slaughter houses; condemned
foods; cinders and ashes from power plants and incinera-
tors; and miscellaneous manufacturing wastes. Such
industrial waste is distinguished from ordinary commer-
cial refuse or so-called trade wastes which emanate from
stores, hotels, restaurants and markets.
(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 can
or disposable polyethylene or plastic bag of sufficient
strength to prevent them being broken under ordinary
conditions. They shall have a maximum capacity of 32
gallons and such cans shall not exceed 80 pounds and
such bags shall not exceed 40 pounds when filled. Cans
shall be equipped with a fly-tight cover, cover handles,
and side bails. Bags shall be secured at the top.
(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 any detached building
or residential condominium unit, designed and used ex-
clusively for occupancy by one family, excluding bunga-
lows in a bungalow court and mobilehomes.
(o) MULTIPLE FAMILY DWELLING shall mean a building designed
for residential occupancy and shall include duplexes,
triplexes, apartments of four or more units, bungalows
in a bungalow court, apartment houses, flats and mobile-
homes.
(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 pre-
mises 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.
(s) BUNGALOW COURT shall mean a group or two or more detached
dwelling units located upon a single lot or building
site.
8.48.030 Nature and Schedule of Refuse Disposal Charges. The
following charges are established for the collection, removal and
disposal of refuse from all places, premises and uses of property
accumulating and generating refuse in the City of Bakersfield:
A. SINGLE FAMILY DWELLINGS
(a) Charge: $3.00 per month.
(b) Permitted Refuse Containers: One or more standard
containers.
(c)Service: Twice per week pick-ups.
B. MULTIPLE FAMILY DWELLINGS
(a) Charge: $2.50 per month per unit, with use of
standard containers; or the charge set forth in
Schedule A, with optional use of detachable bins.
(b) Permitted Refuse Containers: One or more standard
containers per unit; or property owners have option
to use detachable bins under Schedule A.
(c) Service: Twice per week pick-ups of standard con-
tainers; or service under Schedule A if option
exercised for use of detachable bins.
C. ALL PLACES, PREMISES OR USES OF PROPERTY OTHER THAN SINGLE
FAMILY DWELLINGS AND MULTIPLE FAMILY DWELLINGS.
(a) Charge: $3.00 per month, minimum, or $2.50 per month
per unit, with use of standard containers; or the
charge set forth in Schedule A, with optional use
of detachable bins; or the charge set forth in
Schedule B, with optional use of more than two
standard containers and/or more than twice a
week pick-up.
(b) Permitted Refuse Containers: No more than two standard
containers, unless user exercises option to use addi-
tional containers under Schedule B; users also have
option to use detachable bins under Schedule A.
(c) Service: Twice per week pick-ups of not more than two
standard containers where neither Schedule A or B is
used; or service under Schedule B, if option is
exercised for additional pick-ups; or service under
Schedule A, if option is exercised for use of detach-
able bins.
Do Any place, premise or use of property using the Stationary
Compactor and Drop-off Box - $55.00 per collection.
Eo Whenever any place, premise or use of property has accumu-
lated refuse which requires special handling or is not prepared in
accordance with Section 8.48.140 of this Chapter or which is not
regularly collected and charged for under the provisions of this
section or which has not been regularly collected due to obstruc-
tion or other factors impeding pick-up during scheduled collections,
collection of such refuse shall be considered a special collection.
(a) Charge: Charges for such special collection shall
be $25.00 per hour with a minimum charge of $4.25
for the first 10 minutes or fraction thereof.
Time charged after the first 10 minutes shall be on
the 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 total cost of providing such service.
Whenever any residential property has refuse con-
tainers which are not placed in accordance with
Section 8.48.130 of this chapter, there shall be
an additional charge of $3.00 per month per location.
collection and removal of industrial waste from their premises.
Director of Public Works shall determine what is and what is not
industrial waste. Charges set forth in this section shall not
Industries in the City shall be responsible for the proper
The
apply to industrial waste.
8.48.040
Bins.
Schedule "A", Schedule of Monthly Charges for Detachable
SCHEDULE "A"
SCHEDULE OF MONTHLY CHARGES
FOR DETACHABLE BINS
1. Units or Uses Using 1-1/2 or 2 Cubic Yard Detachable Bins.
Pick-ups Per Week
Charge Per Montlh
$15.00 per bin
$22.50 per bin
$30.00 per bin
$37.50 per bin
$45.00 per bin
Three or more bins on daily service rate is
reduced to $40.00 per bin per month.
2. Units or Uses Using 3 Cubic Yard Detachable Bins.
Pick-ups Per Week
Charge Per Month
2
3
4
5
6
$22.50 per bin
$33.75 per bin
$45.00 per bin
$56.25 per bin
$67.50 per bin
Three or more bins on daily service rate is
reduced to $60.00 per bin per month.
3. Units or Uses Using 4 Cubic Yard Detachable Bins.
Pick-ups Per Week
Charge Per Month
2
3
4
5
6
$30.00 per bin
$45.00 per bin
$60.00 per bin
$75.00 per bin
$90.00 per bin
Three or more bins on daily service rate
is reduced to $80.00 per bin per month.
7 o
4. Units or Uses Using 5 Cubic Yard Detachable Bins.
Pick-ups Per Week
Charge Per Montlh
$37.50 per bin
$56.25 per bin
$75.00 per bin
$93.75 per bin
$112.50 per bin
Three or more bins on daily service rate is
reduced to $100.00 per bin per month.
5. Units or Uses Using 6 Cubic Yard Detachable Bins.
Pick-ups Per Week
Charge Per Month
2
3
4
5
6
$45.00 per bin
$67.50 per bin
$90.00 per bin
$112.50 per bin
$135.00 per bin
Three or more bins on daily service rate is
reduced to $120.00 per bin per month.
8.48.050
Containers.
Schedule "B", Schedule of Monthly Charges
SCHEDULE "B"
SCHEDULE OF MONTHLY REFUSE CHARGES
FOR STANDARD CONTAINERS
for Standard
NO. OF STD.
CONTAINERS
NO. OF PICK-UPS PER WEEK
2 3 4 5 6
1 or 2 $ 3.00 $ 4.50 $ 6.00 $ 7.50 $ 9.00
3 4.50 6.75 9.00 11.25 13.50
4 6.00 9.00 12.00 15.00 18.00
5 7.50 11.25 15.00 18.75 22.50
6 9.00 13.50 18.00 22.50 27.00
7 10.50 15.75 21.00 26.25 31.50
8 12.00 18.00 24.00 30.00 36.00
9 13.50 20.25 27.00 33.75 40.50
10 15.00 22.50 30.00 37.50 45.00
8.48.060 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 sub-
ject to a penalty of Fifty Dollars ($50.00) or ten per cent (10%)
of the charge due, whichever 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 commence legal action to collect the charge.
8.48.070 Increases or Decreases In Charges.
(a) The charges specified in this Chapter for single-family
dwellings shall be revised annually during the City Council budget
hearings and shall be increased or decreased in accordance with the
changes in the Gross National Product Implicit Price Deflator for
State and Local Government Purchases of Goods and Services issued
by the Bureau of Economic Analysis, Department of Commerce.
(b) The charges specified in this Chapter for all places,
premises or uses of property other than single family dwellings
shall be increased or decreased annually during budget session in
accordance with any changes in actual cost to the City of providing
collection, removal and disposal of refuse at such places, to the
the City shall recover the actual cost of the service
end that
provided.
(c)
Upon determination of changes in the Index, as stated in
Subsection (a) or the changes in actual cost as stated in Subsection
(b), this Chapter shall be amended accordingly to show the required
changes in the said charges.
8.48.080 Billing Property Owner. In the case of multiple
family dwellings or other places, premises or uses of property
other than single family dwellings, containing more than one unit,
such charges may be billed to the property owner who may collect
such charges imposed against the occupants of such units located on
such premises, and shall transmit the amount so collected to the
City. In the event the property owner fails to collect such charges
from any such occupant and remit the same to the City, the property
owner shall be liable to the City for payment of such charges.
8.48.090 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 Finance
Operations Manager, hereinafter referred to as Manager.
(b) The Manager may require billings to be paid quarterly in
advance; provided, that the first quarterly charges shall be pro-
rated for the unexpired number of months or major part thereof in
such quarter; or the Council by resolution may avail itself of the
provisions of Section 50 of the Charter of the City of Bakersfield
and Section 51330 et. seq. of the Government Code, and thereby
cause such charges to be collected by the County Tax Collector.
(c) The Manager may make refunds of advance payments 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 Manager determines that a person billed has
deliberately failed or refused to pay all of 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 Manager 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 Manager 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.
8.48.100 Additional Powers and Duties. The Manager shall have
the power and duty, and is hereby directed to enforce the provisions
of this chapter relating to the billing and collection 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.
10.
8.48.110 Accumulation. It shall be unlawful for any occupant to
permit the accumulation of refuse to become or remain offensive,
unsightly, or unsafe to public health or hazardous froin 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.
8.48.120 Required Refuse Containers. Every occupan~ and person
shall at all places or premises in the City maintain sufficient
clean containers, 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 Pubic
Works.
1. A sufficient number of containers shall mean, ibut not be
limited to the following minimum:
(a) Single-family dwellings - one (1) standard container.
(b) Multiple-family dwellings - 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) Other places, premises and uses of property - 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.
(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
ity to hold accumulated refuse,
Public Works.
and Drop-Off Box of sufficient capac-
as determined by the Director of
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.
8.48.130 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
adjacent
except when impracticable, such containers shall be
directed by the Director of Public Works.
the premises, all properly prepared refuse shall be placed
to the alley as near as possible to the property line;
placed as
11.
(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 fifty feet distant from the curbline adjacent to the street
from which such driveway extends. Properly prepared grass clippings,
leaves or trimmings, and any refuse contained in polyethylene or
bags shall be placed not more than ten feet from the curb-
plastic
line;
level, or
ground,
over.
(c) Refuse containers shall be placed on or near ground
if necessary a rack, not to exceed two (2) feet above the
shall be constructed so that the containers will not tip
(d) In no event shall collector be required to collect
refuse through any gate, nor shall such collector be required to
collect refuse through any trellis, pergola, arbor, clothesline,
carport or within any enclosed structure. It shall be the respon-
sibility of the person receiving refuse collection service to
provide free and proper access to refuse containers.
8.48.140 Preparation of Refuse. For the protection of
and efficient handling, all refuse shall be placed in some
containers unless otherwise provided for in this
be kept free of all liquids and further prepared
manner.
Collector
refuse
placed
section; it shall
in the following
(a) Garbage is to be securely wrapped with paper and
in either a standard container or detachable bin-box.
(b) Swill, when the Director of Public Works determines a
is producing it in sufficient quantities so as to be aai-
shall be separately accumulated in standard containers,
premises
vageable,
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 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.
12.
(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 con-
tainers 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 con-
taining 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 habita-
tion, capable of easy removal and not exceeding fifty pounds, which
are inconvenient to place in containers or other receptacles, may
be placed adjacent to the alley or adjacent to 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 sec-
tion 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 8.48.110 of this chapter.
8.48.150 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 dis-
pose or to allow the collection, removal or disposal of, garbage
or swill, unless such person making such collection, removal or dis-
posal, be the Collector as defined above.
13.
(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.
(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.
(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,
driveway.
lane, alley, or
(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.
14.
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) All refuse shall otherwise become the property of the
City upon the authorized collection thereof as herein provided.
8.48.160 Enforcement - 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 to inspect
any and all premises for the purpose of determining whether the pro-
visions 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 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 diffi-
culty 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
15.
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.
8.48.170 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
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.
8.48.180 Severability. If any section, subsection, clause, or
phrase of this chapter is for any reason held to be unconstitutional
such decisions shall not affect the validity of the remaining sec-
tions of this chapter. The Council hereby declares that it would
have passed this chapter 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 emergency ordinance shall become effective immediately
and shall be operative on and after the 1st day of January, 1979.
Chapter 8.48, in effect on May 30, 1978, as amended, shall be
operative until the 1st day of January, 1979.
.......... o0o ..........
16.
I HEREBY CERTIFY that the
and adopted by the Council of the City of
meeting thereof held on the 14th day of
the following vote:
foregoing Ordinance was passed
Bakersfield at a regular
June , 1978, by
AYES: COUN( ~LMEN BARTON,
NOES: COUNCTLMEN:
APPROVED th'2s y of June
- ~ ~f/t~v~ty of Bakersfield
1978
APPROVED as to form:
CITY ATTORNEY of We City of Bakersfield
Aff' a of j ost ng
STATE OF CALIFORNIA, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ...........................................~.~.~.~.....~...5.. ..........................................................,19...~..8... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an m'dinance passed by the Council of said City
at a meeting thereof duly held on .......... .q..q...n....e..h...~:.~ .................................................., 19..~.~...., which ordinance
was numbered~ ....... ~.~?! ...................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BAKERSFIELD AMENDING TttE
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.
Subscribed and sworn to before me this