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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