Loading...
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 .' . . health, welfare and convenience of the residents of Los Angeles , 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 , , 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- " 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 '" ~ . . ,I . i""' " use of re'sidential est~blishinents and premises and 'tl1e disposal thereof in a healthful and sani~ary ~nner. That at the present , , time such,provision can best be'made ,by' the City of Arcadia by its i' contracting for the collection and disposal of such refuse. The " 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 941 ""^~~ , -1- , , , 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 , " - 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 , ' t of residential establishrrient's or premi'ses. ,\ c., Residential noncombustible refuse shall include tin .' cans, bottles, ashes, andsiinilar articles normally resulting from , the use or occupancy of re'sidential establishments ,but shall not include building materials, rock, brick; stone, cement, plaster, ,I soil, sod, automobile bodies and car Parts. SECTION 3. GARBAGE COLLECTION PROHIBITION. It shall be r " 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 , 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 -2- 941 r; I' ) dwelling house or residence, boarding houses and apartment houses. .. 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- " , ~ quest garbage collection from such respective premises less frequently, in which case garbage may~lbe '6dileb't~d le's~ 'frequently from such premises. {. :~,' \. , , :" "l' .' -. ' : .to,' , " ! .' . ..." ,,'. SE'CTI0N 5; GARBAGE: RECEPTACLES; Any garbage'vessel, can i' , 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- " " lector shall be made by attaching a 'tag to such vessel, can or receptacle, and indicating thereon th~ defective condition thereof. SAM r; . SECTION 6. ^ PLACE FOR ,COLLECTION. Every person, firm or corporation desiring to have garbage collected from a private . . 1i' '. '. . " dwelling house ,or residence shall place ,such garbage vessel, can or , . , 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 , " 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 'i . . 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 I as provided in this Section shall be placed at the locations desig- 'i: 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' :~ . :. : ,..3- 941 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. " SECTION 8. PE~IIT FOR REFUSE COLLECTION. No person, firm or corporation shall collect or remove any garb~ge or refuse from . jl . 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 ."1' 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 , 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- . ~. . main in effect for the period prescribed or until changed in like . 'j' manner by the Cit~,Council. ~ . :r charge or collect any fee " } . No'person, firm or corporation shall - or rate in excess of the ,fee or rate thus " , t' fixed and determined. -4- 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- " , 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 . . 'I. . ," 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) . ". " ",:"' . i ;":' -. '." ~, ~ pounds; provided, however, that shrub~ery and",tree trimmings may be 1, ~ ~ I. . securely tied'in,bundl~l!l;qot excElE!ding,four (4) fe!'lt in length, . . . . : . '. ' ':' ~ . ..'. ,,~..:,." -, . ", ~ . '. 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- " tion under ,contract with:: the City of Arcadia for such collection. . II . SECTION 12. DAyS AND HOURS OF COLLECTION. The City , Manager shall determine the days and hours of garbage and refuse col~ , , lection by the City of Arcadia or by any 'person under contract there-' for with the City of Arcadia. Such determination shall remain in , " effect for the period thereby ,prescribed or until the City Manager -5- 941 shall determine ,different dates or hours of collection. Whenever 'the City Manager determines such dates and hours of cOliection, or , ' , whenever he make,s any changes in either the dates 'or hours of col- , ' lection as previously determined, he shall publish notice of such ,determinations or changes,at least once in a local newspaper of " . generai circulation. Nothing in this section shall preclude the '11 . City f4anager from giving additional'notice of such determinations , or changes by other suitable means. " SECTION 13. SEVERABILITY. If anycsection, subsection, sentence, clause, phrase, or portion of this Ordinance is for any , r 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; - . ~,' . irrespective of the fact that anyone or more sections; subsections,' " clauses, phrases or portions be declared invalid or unconsitutional. SECTION 14. PENALTY. Any person violating or ,permitting . ....... (' I ' or responsible for theviolating1of any of the'provis10ns of this 1 . .',' ',' Qrdinance shall b,e ,deemed g).lilty of a ,misdem~anor, ,and upon c<;lpvic- . . . . '.' '" . ~ \:l ~ ~ " . , .; . ; \ . . '.. \' ,." . .' ~ :' . . I . . 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 L" 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 " to the adoption of this Qrdinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same .:.6- . " _. ';':/,"~" 941 .', ~ t9 be published once in ~he Arcadia ,Bulletin,' a newsp~per of general circulation ,published and.circulated'in th~ City of Arcadia, and ii . ' thirty (30) days from and after the final passage thereof said , . 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 : . ~, " " :,' . .' , ~e ;ity . II ,!"'. . '. t ~",' :'-- of Arcadia " ' SIGNED AND APP~OVED'thi~ -, .' .. or' . ~. 23rd day of January, 1956~ ~ .:,J 'r- .>- - ~ ~&h~ '~ , ~~. A~ " yor 0 e y or rca a ," ..' ~,~ '" D. .. '~",:,' . ''''~ . --" ~, -"'f,t... ",' , ;- ,~ ATTESr: , '. ;~ ~ ~ - .' -' ~ . :', y '{{~" ,-...... ,-' " :1. -7- 941 I~' .