HomeMy Public PortalAboutOrdinance 60-12.ORDINANCE . NO 60 -12
AN ORDINANCE OF THE CITY,OF TEMPLE.CITY CON-
: .CERNI.NG GARBAGE AND RUBBISH. DISPOSAL
THE CITY COUNCIL.OF THE CITY OF :TEMPLE CITY DOES ORDAIN.AS.FOLLOWS:
Section ,1: LEGISLATIVE POLICY
The.City Council does hereby.find and .determine that the
storage, accumulation, collecti:on.and_.disposal of,trash, rubbish,
debris and other discarded goods and..material.including garbage,
combustible. trash. and rubbish is a .matter of great public concern
in that.improper control.of such :matters can lead to air pollu-
tion, fire hazards, and.rat; infestation and..other problems
affecting the :health, welfare .and safety:of the :resident s of
this and. surrounding cities. The City Council further declares
that the. regulations in,this Ordinance _provided are designed
to eliminate or alleviate such .problems.
Section 2. DEFINITIONS
(a) .GARBAGE. "Garbage, when used An this Ordinance,
shall mean .and include all animal -and vegetable .refuse .and waste
matter originating in .kitchens (residential and_commercial),
stores, markets, warehouses and delivery :vehicles, and.resulting
from the.handling, storing, processing, preparing, preserving,
selling or delivering.,of,meat, fish, fowl or other animal food
or from vegetables, fruits, melons and other vegetable food,
including vegetable. trimmings and vegetable and animal matter
not fit for human consumption, remaining in or coming.from any
market, store .or other place, private,or commercial, where. meat,
fish, fruit or vegetables are sold, processed, stored-or handled.
(b) COMBUSTIBLE TRASH. "Combustible. trash', when.used
in.this Ordinance, is defined. to be .all waste and refuse, capable
of burning readily, from and incidental to the use.of ;homes and
:places of.business, such.as rags, paper, paper products, newspapers,
magazines, wrappings, discarded clothing, empty 'packing cases,
boxes, packing materials, hay, straw, shavings, excelsior, sawdust,
lawn and tree .trimmings and cuttings, brush, weeds and leaves. No
piece of combustible trash :in excess o #.fifty (50) pounds or one
(1) cubic yard or four (4) feet. :in. length shall be :considered as
combustible trash _within the. definition_ hereof.
(c) RUBBISH. "Rubbish ", when -used. in this Ordinance
is defined to be all waste and refuse.from residences and places
of..business such .as metals, tin .cans, bottles, broken glass, and
any other materials not.capable.of ;burning readily. "Rubbish"
shall not.include.or be_ construed to include :any Of the following:
.garbage, dead .animals, dirt:or earth, debris from lawn renovations,
rocks, stones, "combustible trash ", or any,waste, materials, including
plaster, resulting. from building construction, alteration or repair.
No individual. piece of. rubbish. shall be.considered Rubbish, within
the definition hereof, which: is of a size either in excess of two
(2).feet by,one (1).foot:by four (4),feet :or a weight.in excess of
fifty (50) pounds, or both.
(d) MISCELLANEOUS DEBRIS. "Miscellaneous debris ",
when used in this Ordinance, shall be..deemed to include.any and
all trash, rubbish, debris or other abandoned or discarded
materials not otherwise provided for under the foregoing defin-
itions, or as expressly excepted therefrom, except .animal excreta.
(e) STORAGE. "Storage ", when used in this Ordinance,
shall include.the accumulating, maintaining, dumping, abandoning,
storing, collecting or other gathering, stacking;or piling, other
than in a mercantile building or in a dwelling:unit which, latter
places shall be.regulated by.the.Fire Prevention Code.
25
.ORDINANCE NO. 60 .-12
.page .2
Section 3. GARBAGE - CONTAINERS AND LOCATION
Separate cans, tanks, or receptacles shall be provided for
the storage of all garbage. Each such receptacle shall be.con-
structed of metal, be maintained in water -tight condition, be
provided with at least one handle on. the - .outside thereof, shall
have a capacity ,of. not : more than twenty (20) gallons and shall
have a metal cover, which cover shall not be removed except when
necessary to put garbage therein CT remove it .therefrom. No com-
bustible,trash and no rubbish shall be placed therein. Except
when placed for collection as otherwise .provided . herein, no con-
tainer of garbage .shall be placed in.. any alley, street, parkway
,'or other public place .nor upon any private lot or parcel of land
other than in the rear or side yards of improved lots.
Section 4. COMBUSTIBLE TRASH AND RUBBISH
Combustible trash and rubbish .shall be stored in the
same or separate cans, tanks, or other receptacles. Each such
receptacle .shall have :a capacity of not more than 35 gallons,
shall never be filled so as to exceed 60 pounds in weight. No
garbage shall be placed therein. Except when placed for collec-
tion as otherwise . provided .. herein, such container of combustible
trash CT rubbish or both, shall mot be placed_in any alley, street,
parkway or public place, nor on. any ;private slot or parcel .of. land
other than in the rear or side yards of improved lots.
Section.5. SAME: ADDITIONAL PROVISIONS
The following provisions shall apply in addition to the
requirements set forth in Section. 4:
(a) In the residential zones: Grass clippings, small
tree trimmings, brush and branches may be stored as miscellaneous
debris hereinafter in Section 6.
(b) In, the . commercial zones, Receptacles must be:
1. Metal -lined and leak- proof, and provided with
a metal -lined lid; of
2. Constructed_of non -combustible materials and
provided with a non- combustible -.lid; or
3. Approved by the Fire Department or its repre-
sentative.as providing adequate protection against fire hazafd.
Section 6. MISCELLANEOUS DEBRIS -- CONTAINERS AND
LOCATIONS.
Miscellaneous debris shall be stored or accumulate &only
in stacks or piles not in excess of 2. cu. yds. total, which stacks
or piles shall be:
(a) .Separated from any other stack or pile and from any
building, structure or other combustible material by a sufficient
distance so as not to create .a fire hazard, provided that in any
event such separation. shall at all times be: not less than five (5)
feet;
.(b) Shall not be- .located:in.any; street, alley, parkway,
or other public place.or in, or upon any vacant or unimproved lot;
and
(c) ,Shall be.located.:only in the rear or side.yards of
.improved lots in .a place shielded .from winds which may -scatter the
same.and also shielded from the- viewof. neighboring properties
and streets.
Section 7. OTHER.STORAGE.PROHIBITED -- PRIVATE PROPERTY
Other than as above set.forth..in Section.3, 4, 5 and 6,
it -shal l be unlawful for any person to dump, or -otherwise-dispose
26
ORDINANCE NO. 60 -12
Page .3
of or to store or accumulate.any'garbage, rubbish, combustible
trash.or' miscellaneous debris on any private property in the City
of Temple City, except that the storage of leaves, grass clippings
and the like may be permitted for the purpose of composting. The
following rules and regulations are hereby.prescribed .as proper
health and safety precautions for proper composting, and violation
of. any ,such rules or regulations shall be deemed to constitute .a
misdemeanor:
(a) Location: Composting shall be located in .rear or
side yards of, improved lots only, and shall not be -located in any
street, alley, parkway or other place, or in or upon any private
unimproved lot, unless such lot adjoins the improved property of
the owner thereof.
(b) Contents: Composting shall consist - only'of organic
waste,materials such as leaves,small twigs, grass clippings and
other= vegetable matter except garbage.
(c) ,Receptacles: Composting shall be contained and
maintained in either (1).a pit, hole,or other earth depression
excavated for such purpose; in which case the contents shall
always be maintained: below natural surrounding ground level; or
(2) shall be; maintained in metal or wood containers not :in. excess
.
of.Ihree (3) feet in height. Such .. receptacles or pits shall not
be maintained .within five (5) feet of any property - line or
structure. Composting may also be maintained in..opened ..stacks
or piles not in excess of three (3).feet:in.. height .but . only in
the .event . such .stacks or piles are .maintained not :less than. fifty
(50). feet - from .any property line or structure.
(d) Covering and ..Maintenance: Composting must at all
times be covered with at least .one -half (1/2) inch of . soil, or
other non - organic. or :chemical covering, first approved. by the
Health Officer designed to prevent the :harboring ,of rodents, the
breeding of flies, and, the emission of odors. All composting ;must
be kept moist at al 1, . times until decomposition is completed,
(e) Miscellaneous Rules: No hardwood branches, second
season growth, or other twigs, limbs or branches in excess of
one-fourth .(1 /4). inch in diameter or two (2) feet in length shall
be permitted in any 'composting.
Section 8. PUBLIC OR PRIVATE PLACES
Except as otherwise provided in this Ordinance, it shall
be unlawful for any person to dump, discard, abandon or otherwise
deposit any garbage, combustible trash, rubbish, or miscellaneous
debris in or upon any public or private property within the City
of Temple City, including any vacant _lot .or in, on or upon any
public street, alley, parkway, park .or,.other public place or in
or upon any flood water channel, any channel or structure tribu
tary to any flood water channel, any easement: or right -of -way for
flood .water channel purposes, or in or upon any,placein the City
where the ,natural flow of . storm water might carry the .same . to any
such flood water channel or structure.
Section 9. DURATION OF STORAGE
It.shall be :unlawful for any person to store or accumu-
late.any.garbage, rubbish, combustible trash.:or miscellaneous
debris, in any container or at any,location other than .as set
forth , in - Section 3, 4, 5 and 6, or for any length of-time-other
than as follows:
(a) Garbage. Garbage shall not be accumulated or
stored for a period of time in excess of:
1. Commercial zoned areas - forty -eight (48)
hours. (Sundays and holidays excepted)
2. All other areas Five (5) days.
27
ORDINANCE NO: 60 -12
Page.4
(b) .Combustible trash, Combustible trash shall not be
stored or accumulated for a period of time in excess of:
1. Commercial zoned areas Five (5) days;
provided, however, that combustible trash
stored in commercial zones in approved con-
tainers as prescribed in Section .5(b)may
be accumulated for not to exceed one (1) week.
2. All other areas -- one.(1).week; provided,
however, that newspapers, magazines and the
like, if bundled and tied, may be sorted in
an accessory; building for not to exceed one
(1) year.
(c) Rubbish. Rubbish shall not be .sortedor accumu-
lated for a period of time in excess of:
1. Commercial zoned areas == one (1) week
2. All other areas == two (2) weeks.
(d) Miscellaneous debris. Miscellaneous debris shall
not be stored or accumulated for a period _of . time in .excess of:
1. Commercial zoned areas == one (1) week.
2. All other areas == two (2) weeks.
Section .10. DUTY OF PROPERTY OWNERS.. re COLLECTION
Subject to the provisions of. Section. 11 hereof, it shall
be the duty,of. every ;person in the:City;of Temple City to provide
the method .. and means of the removal of any and all garbage, com-
bustible.trash, rubbish and miscellaneous debris from any premises
of which:he,is the owner, occupant or person in change or possession
within the time limits provided in Section 9, and failure to do so
shall .constitute . a misdemeanor.
Section 11. FRANCHISE - RESIDENTIAL
The City -may enter into an exclusive franchise agreement
regarding the collection .of. certain , trash, rubbish, debris and
other discarded goods and materials, .incIuding certain garbage,
combustible trash, rubbish and miscellaneous debris from resi-
dential properties. If the City shall enter into a Franchise, the
collection of the materials provided for therein may,be.made;in
accordance with the terms and conditions thereof, upon the basis
of agreements between the individual householders and the holder
of said franchise.
Section 12. COLLECTION AND REMOVAL
(a) It shall be unlawful for any person to haul, re-
move or carry any garbage through, upon or along any, street in
the.City- unless such garbage is contained in a strong, water-
tight, or metal compartment or receptacle having a tight- fitting
wooden or metal cover and so constructed as to prevent any water
or liquid from falling, leaking or spilling, or odor 'escaping
therefrom and unless such compartment or receptacles, and .the
wagon or truck carrying the same, used for carrying or hauling
has been thoroughly cleansed within. twenty -four (24) hours before
being used. It shall . be unlawful to fail or neglect to thoroughly
cleanse such. compartment or receptacles and the wagon,or truck
carrying the same immediately after carrying or hauling garbage.
(b) No person shall collect, gather, remove, transport
or carry any garbage from any premises in the City'of.Temple City,
over, on or through any public street, alley i or -parkway of the
City,of.Temple City without first having a City business license
or franchise .with .,the .City of Temple City to collect and remove
the .same.
28
ORDINANCE.NO. 60 -12
•.Page 5
(c) No person shall for hire collect, transport or con -
vey any combustible trash, rubbish,or miscellaneous debris from
any place or premises of another within the City of Temple City
until such person shall have first .procured from the City. Clerk
therefor a business license of this City or shall hold .a fran-
chise from the .City. No such license shall be issued until the
City Clerk shall cause to have inspected and approved .the .collec-
tion vehicles;. provided, however, that any person dissatisfied
with ..a denial by or delay of the. City; Clerk: may petition the
City Council for such permit, whereupon, the. City, Council shall
investigate the matter and . issue its ruling thereon;. provided,
further, that no such business license which in any way conflicts
with any franchise granted by the City shall be- issued.
(d) Any person may collect, transport, or convey;com-
bustible trash, rubbish and miscellaneous debris from any resi-
dential premises of. which .he is either the owner or occupant;
or from any residential premises owned occupied by a member of
his family, provided, that such person shall not collect, trans-
port or convey any such -. material for hire.
(e) The foregoing limitations set forth in section 12
(c) shall not apply to the hauling or disposal of grass clippings,
prunings, trees and other discarded materials from a- private
residence; provided, however, such materials shall have been
occasioned by and be incidental to a.separate and distinct busi-
ness operation, such as that of tree .trimmers, gardners, and
builders.
(f) No collector of garbage, combustible trash, rub -
bish, or miscellaneous debris shall drop or spill or permit to be
dropped or spilled any such matter on any private or public
property, in the.City/of Temple City during, the course of collec-
tion.
(g) Collection shall not be conducted by any person
other than between the hours prescribed:
1. Garbage. Monday - Saturday; 6 :00 A. M. -
6:00 ,P. M.
2. Combustible trash. Monday - ;Saturday;. 6 :00
A. M. - .6: 00 P. M.
3. Rubbish: Monday - -Saturday; 6:00A. M. -
6:00 P. M.
4. Miscellaneous debris. Monday Saturday;
6:00.A. M. - -6 :00 P. M.
5. Provided, that the foregoing hours shall not
apply to any 'collection pursuant to paragraph
(d) of this Section 12.
(H) Each truck, van, trailer or other vehicle used for
collection for hire shall bear the .name .of the owner or operator
thereof set out legibly in letters not .less than three (3) inches
in height and permanently imprinted on. the . exterior door or panel-
ing in .a place readily viewable,, in contrasting color.
(i) No collection vehicle shall remain stopped or
standing on any public street for any .period ,of time in excess of
fifteen (15) minutes at - anyone location, without first having
informed. the Highway Patrol .of. the State. of California ofinten-
tion • to do so.
(j) Every collection vehicle shall comply with all
laws, including the .traffic regulations of this City, of. the
State of. California, and of other applicable agencies.
(k) No person shall collect, gather, remove, transport
or carry any garbage, combustible trash, rubbish or miscellaneous
debris for hire from any premises in the .City of Temple City.
29
over, on or through any public street, alley or parkway of the
City of Temple City without first having furnished satisfactory
evidence to the City Clerk that such person carried at all times
public liability insurance with a company licensed to do busi-
ness in the State of California covering liability for injuries
or deaths and property damage, arising out of or in connection
with the operations of the Contractor, in an amount not less than
$500,000. for injuries, including accidental death to any one
person, and subject to the same limit for each person, in an
amount of not less than $1,000.000. on account of one accident, and
property damage in an amount of not less than $50,000. The City
Clerk shall not issue any business license to any person who is
subject to the foregoing requirements and who fails to comply
therewith, and shall revoke any business license issued to any
such person who so fails to comply.
Section 13. MISCELLANEOUS RULES
It shall be unlawful for any person to bury any garbage,
combustible trash, rubbish or miscellaneous debris, or to place
the same in any hole or excavation in the City, whether on pri-
vate or public property. The sweeping, washing, or placing of
leaves, clippings or similar debris into a public street or alley
is prohibited.
Section 14. SPECIAL PERMITS
The City Council declares, in ordaining the provisions of
this Ordinancepursuant to the legislative policy set forth in
Section I, that there may from time to time occur situations
where unusual topography, land improvements, or other conditions
exist on any residential or business lot which render some of
the provisions of this Ordinance unnecessary in order to provide
adequate protection against air pollution, fire hazard, rat
infestation, the breeding of. flies, the orderly collection of
rubbish, and other problems relating to the health, welfare and
safety of the residents of this City.
It is therefore provided that any owner, manager, occupant,
or person in possession of any premises in this City may file an
application with this City for exemption or exception from any of
the requirements of this Ordinance. Such application shall be
directed to the attention of the City Clerk who shall have the
authority to grant such exceptions after endorsing on such appli-
cations his findings as to the effect of such exceptions on the
intent expressed in the legislative policy of this Ordinance and
as the same may relate to the orderly collection of rubbish within
this City. Such exceptions shall be granted by way of a special
permit which shall be effective until revoked by action of the
aforementioned City Clerk, upon which revocation the provisions
of this Ordinance shall immediately be in force and effect with
regard to such premises; provided, however, that no exception or
exceptions shall be granted as to Sections 6 or 12. Any person
dissatisfied with a decision or delay on an application for
exception by the aforementioned City Clerk, may file written
appeal to the City Council; thereafter the City Council shall
consider such appeal and issue it s decision thereon which deci-
sion shall be final. The City Clerk may in his discretion refer
directly to the City Council any such request.
Section 15. CRIMINAL SANCTIONS
Any person, firm or corporation violating this Ordinance
or any provision thereof shall be guilty of a misdemeanor, and
upon conviction thereof shall be punishable by a fine of not more
than $500.00 or by imprisonment in the City Jail or County Jail
for a period of not to exceed six (6) months, or by both such
fine and imprisonment.
Section 16. LEGALITY
If any section, subsection, sentence, clause or phrase of
-6-
30
this Ordinance is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining por-
tions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more of the sections, sub - sections, sentences, clauses
or phrases thereof be declared invalid or unconstitutional.
Section 17. EFFECTIVE DATE
This Ordinance is hereby declared to be an urgency
measure necessary for the immediate preservation of the public
peace, health and safety, and shall take effect and be in full
force immediately upon its adoption, a declaration of and the
facts constituting its urgency being as follows:
The City Council does hereby find and determine that the
storage, accumulation, collection and disposal of trash, rubbish,
debris and other discarded goods and materials including garbage,
combustible trash and rubbish is a matter of great public
in that improper control of such matters can lead to air pollution,
fire hazards, rat infestation and other problems affecting the
health, welfare and safety of the residents of this and surround-
ing cities. The City Council further declares that the regulations
in this Ordinance provided are designed to eliminate or alleviate
such problems; no ordinance respecting these matters has been
heretofore adopted by the City of Temple City. The City Council
hereby determined that this present Ordinance is essential for
the immediate protection of the public safety, health and welfare.
Section 18.
The City Clerk of the City of Temple City shall certify
to the adoption of this Ordinance and shall cause the same to be
posted in three (3) public places within the city limits of the
City of Temple City as prescribed by the City Council.
ADOPTED this 8th day of August, 1960.
ATTEST:
City Clerk
ovaist
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
I, Marjorie A. Woodruff, do hereby certify that I have been duly
appointed Deputy City Clerk of the City of Temple City, California,
and that the foregoing Ordinance No. 60 -12 was adopted as an
Urgency Ordinance at a regular meeting of the City Council held on
August 8, 1960, by the following roll call vote:
AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn
NOES; Councilmen -None
ABSENT Councilmen -None
Dated: August 8, 1960
Deputy/ It Clerk of the C y of
P Y� Y Y
Templ City, California
31