HomeMy WebLinkAbout0941
ORDIN~NCE NO. 941
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIAj CALIFORNIA, REGULATING
THE COLLECTION OF' GARBAGE AND REFUSE IN
THE CITY ,OF ARCADIA AND REPEALING
,ORDINANCE NO. 524 OF SAID CIfY.
THE CITY COUNCIL" OF THE CITY OF ARCADIA, CALIFORNIA;' DOES
DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. LEGISLATIVE DETERMINATION. Air pollution in
the County of Los Angeles ~onstitutes a continuing menace ,to the
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health, welfare and convenience of the residents of Los Angeles
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County. The burning of combustible refuse, either in open fires
or in single chamber incinerators, c9ntributes in part to the
"smog" problem of Los Angeles County. In view of the insistence of
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the Los Angeles County Air Pollution Control District upon elimina-
tion of backyard burning of combustible 'refuse, and particularly in
view of the' possibility of; a county-wide ban 'on the use of single
chamber incinerators, it is incumbent upon the City of Arcadia to
make reasonable provision for the colleqtion and disposal of com-
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bustiblerefuse emanating within the City of Arcadia. The efficiency'
of operation, theprevent~on of fire hazards and the indiscriminate
littering of public streets and parkways, require that the City make
proviSion for the,c;:ollec;:gonpf refuse.normally resulting from the
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use of re'sidential est~blishinents and premises and 'tl1e disposal
thereof in a healthful and sani~ary ~nner. That at the present
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time such,provision can best be'made ,by' the City of Arcadia by its
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contracting for the collection and disposal of such refuse. The
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said City Council has heretofore determined and hereby reaffirms
its determination that the publich health, safety and convenience
require'the regulation of :ithe collection of garbage and the fees to
be charged therefor.
SEC~ION 2. DEFINITIONS.' For the purpose of this Ordi-
nance certain words and phrases are 'defined, and certain provisions
shall be construed as in this section hereafter set forth, unless
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it is apparent from the context that a different meaning is intended.
a. Garbage sha~l mean and include every refuse accumula-
tion of 'animal, fruit 'or vegetable matter that attends theprepara-
tion, consumption, decay, dealing in or storage of meats, fish,
fowls, fruits or vegetables.
b. Residential,;~mq~~~io~e refus~ ~hall mean and include
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all things capable of being burned, ~xc~pt.garbage as hereinbefore
defined, which nOI'!ll?-lly.resu~t. fI.'omt!he possession~. use ~r 'occupancy
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of residential establishrrient's or premi'ses.
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c.,
Residential noncombustible refuse shall include tin
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cans, bottles, ashes, andsiinilar articles normally resulting from
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the use or occupancy of re'sidential establishments ,but shall not
include building materials, rock, brick; stone, cement, plaster,
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soil, sod, automobile bodies and car Parts.
SECTION 3. GARBAGE COLLECTION PROHIBITION. It shall be
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unlawful for any person, firm or corporation to gather, or collect,
or cause or permit to be gathered or collected any garbage within
the City of,Arcadia; provided, however, that the provisions of this
Sectfon shall not apply to any person in the employ of the City of
Arcadia who shall be assi~ned by the City Council of the City of
Arcadia to the work of ga~hering or collecting garbage within said
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City, or, to any person, firm or corporation with whom the City of
Arcadia has entered into or may he,reafter enter into.a contract for
,the c'ollectidn or gathering and' removal of garbage, or to any employee
of such contractor during. the Umesuch contract shal1 be in force.
S~CTION 4. COLfECTION DATES. The City'of Arcadia; its
agents, employees, or the,person; firm or corporation with whom the
City of Arcadia has entered into or may hereafter enter into a con-
tract for the collection and removal of garbage shall, at the re-
quest of the manager, tenant, occupant or lessee of apy property
in the City of Arcadia, c~llect and rem?ve all garbage accumulated
at the following intervals, to wit:
a. Semiweekly,' at regular intervals, from any private
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dwelling house or residence, boarding houses and apartment houses.
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b. Daily (Sundays and holidays excepted), from any hotel,
restaurant or other place;of business; provided that the owner or
manager of any such hotel; restaurant or place, of business may re-
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quest garbage collection from such respective premises less frequently,
in which case garbage may~lbe '6dileb't~d le's~ 'frequently from such
premises.
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SE'CTI0N 5; GARBAGE: RECEPTACLES; Any garbage'vessel, can
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or receptacle which leaks,and is not water ~ght shall be replaced
by the per~on from whom garbage is collected, 'within ten (10) days
after notice f~om the collector 'of garbage stating the condition o~
such vessel, can or'recep~acle. Such notice from the garbage col-
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lector shall be made by attaching a 'tag to such vessel, can or
receptacle, and indicating thereon th~ defective condition thereof.
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SECTION 6. ^ PLACE FOR ,COLLECTION. Every person, firm or
corporation desiring to have garbage collected from a private
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dwelling house ,or residence shall place ,such garbage vessel, can or
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receptacle on the 'curb in front of the premises; and every person,
firm or corporation desirlngto have garbage ,collected from any,
hotel, boardinghouse, apartment house, or place of business shall
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place such garbage vessel, can or receptacle within five (5) feet
of, the alley in the rear 'of, such premises where there is an alley
other than a blind alley;' and if there be no alley, other than a
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blind alley in the rear ~f such premises, then such'vessel, can or
receptacle shall be placed at some"convenient location on the 'premi~
ses, to, be design'ated by ::the 'collector. ,All garbage to be collected
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as provided in this Section shall be placed at the locations desig-
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nated herein prior to the hours fixed for the collection of garbage.
SECTION 7. SAME. SIZE AND CONSTRUCTION. Garbage vessels,
cans or receptacles from1whichgarbage is collected at any private
dwelling house o~ reside~ce shal~ be, so constructed as to contain
not less than three (3) nor more than sixteen (16) gallons. Garbage
vessels, cans or receptacles from which garbage is collected at any'
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hotel, boarding hous~, ap~rtment house, or place of business shall
be so constructed as to c~rtain not less than three (3) nor more
than thirty (30) gallons.
All vessels, cans or receptacles mentioned in this Section
shall be constructed of me~al and shall be provided with a handle or
handles on the outside thereof and with a tight fitting metal cover.
Such cover shall not be removed except when necessary to deposit
garbage therein or to take. garbage therefrom.
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SECTION 8. PE~IIT FOR REFUSE COLLECTION. No person, firm
or corporation shall collect or remove any garb~ge or refuse from
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any premises in the City of Arcadia, nor convey same upon or along
any public street of said ,city without first having obtained a per-
mit so to do; provided, h~wever, that the provisions of this section
shall not apply to any person in the employ of the City of Arcadia
who shall be assigned to the work of garbage or refuse collection or
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disposal. No such permit shall be required of any landscape archi-
tect, tree surgeon or building contractor, licensed by the City of
Arcadia for his respective business, solely for the removal of debris
resulting from the operations of any such business for which he is
licensed; nor or any pers9n, firm or corporation licensed by the
City of Arcadia performing work as an independent contractor for the
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abatement of weeds, the clearing of land, or the regular and contin-
ued maintenance of premises in the City.
SECTION 9. COLLECTION RATES. The City Council of the
City of Arcadia shall from time to time fix and determine the maxi-
mum rates that may be charged by any person, firm or corporation for
the collecting or removing of garbage or refuse from any premises in
the City of Arcadia. 'The. rates thus fixed and determined shall re-
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main in effect for the period prescribed or until changed in like
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manner by the Cit~,Council.
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charge or collect any fee
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No'person, firm or corporation shall
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or rate in excess of the ,fee or rate thus
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fixed and determined.
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Every person, firm or co~poration from whom or from whose
,premises garbage and refuse is collected and removed, as provided in
'this ordinance, shall pay' to the collector of such garbage or refuse
for such collection and removal thereof, the fee charged by such col-
lectbr,but in no event at a rate greater than that fixed and deter-
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mined by' the City Council,. ,The collector of garbage and refuse may
refuse to collect garbage' or refuse or both from the premises of any
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person, f;jmn or corporati'on who 'fails to pay for such collection
services at rates no greater ,than those authoriz,ed by the City Coun-
cil.
SECTION 10. SEGREGATION OF REFUSE. To be collected by
the city or by any person, firm or corporation under contract with
the city, combustible residential refuse shall be segregated from
noncombustible residential refuse and each such. type shall be placed
in sturdy containers ,not ,exceeding a gross ,,,eight of sixty (60)
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pounds; provided, however, that shrub~ery and",tree trimmings may be
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securely tied'in,bundl~l!l;qot excElE!ding,four (4) fe!'lt in length,
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sixty (60) pounds tip, weight and,'acubic. yard~n .c~:)tltent:,
SECTION 11. R:E;FUSE ON ST,REETS OR PARKWAYS. It shall be
unlawful for any person, firm or corporation, to place 'or permit
combustible residential refuse or noncombustible refuse on any pub-
lic, street, parkway, sidewalk or alley; provided, however, that the
same may be 'placed on a parkway within twenty-four (24) hours of
the date and time specif~ed by the City Manager for the collection
of such'refuse by the c~ty of Arcadia or any person, firm or corpora-
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tion under ,contract with:: the City of Arcadia for such collection.
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SECTION 12. DAyS AND HOURS OF COLLECTION. The City
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Manager shall determine the days and hours of garbage and refuse col~
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lection by the City of Arcadia or by any 'person under contract there-'
for with the City of Arcadia. Such determination shall remain in
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effect for the period thereby ,prescribed or until the City Manager
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shall determine ,different dates or hours of collection. Whenever
'the City Manager determines such dates and hours of cOliection, or
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whenever he make,s any changes in either the dates 'or hours of col-
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lection as previously determined, he shall publish notice of such
,determinations or changes,at least once in a local newspaper of
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generai circulation.
Nothing in this section shall preclude the
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City f4anager from giving additional'notice of such determinations
, or changes by other suitable means.
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SECTION 13. SEVERABILITY. If anycsection, subsection,
sentence, clause, phrase, or portion of this Ordinance is for any
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reason held to be invali(for unconstitutional by the' dec;l.sion of
any court of competent'Jurisdiction; such decision shall not affect
the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance,
and each sec t:l: on, , sentenc~,clause, phrase, or portion,thereof;
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irrespective of the fact that anyone or more sections; subsections,'
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clauses, phrases or portions be declared invalid or unconsitutional.
SECTION 14. PENALTY. Any person violating or ,permitting
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or responsible for theviolating1of any of the'provis10ns of this
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Qrdinance shall b,e ,deemed g).lilty of a ,misdem~anor, ,and upon c<;lpvic-
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tlon thereof shall be punishable by a fine of not more than five
h)lndred dollars ($500.00)" or by imprisonment in the City Jail of
said City of Arcadia; or inthe'County Jail of ,the County of Los
Angeles; State of California, at the discretion of the,Committing
Magistrate for a period not exceeding six (6) months or by both
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such fine and imprisonment.
SECTION 15. REPEAL. Ordinance No. 524 of theC1ty of
Arcadia shall be and is hereby repealed.
SECTION 16. CERTIFICATION. The City',Clerk shall certify
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to the adoption of this Qrdinance and prior to the expiration of
fifteen (15) days from the passage thereof, shall cause the same
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t9 be published once in ~he Arcadia ,Bulletin,' a newsp~per of general
circulation ,published and.circulated'in th~ City of Arcadia, and
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thirty (30) days from and after the final passage thereof said
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Ordinance shall take effect and be in force.
I HEREBY CERTIFY that the 'foregoing Ordimn ce was adopted
an adj ourned , ,
at a/regular meeting of the City Council of the, City of Arcadia,
held on the 23rd
day,of January, 1956
, by the affirmative
vote of at least three C~uncilmen, to wit:
AYES:
Councilmen Camphouse. Dow, Hulse and 'Phillips
NOES: None
ABSENT: Counciln1a:n Dennis
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of Arcadia
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SIGNED AND APP~OVED'thi~
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23rd
day of January, 1956~
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