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HomeMy Public PortalAboutOrdinance 61-31ORDINANCE NO. 61 -31 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNICIPAL CODE BY ADDING ORDINANCE NO. 60 -12 TO THE TEMPLE CITY MUNICIPAL CODE AS CHAPTER 5 OF ARTICLE VIII AND ADDING REGULATIONS RESPECTING RE- MOVAL OF CONTAINERS AFTER COLLECTION. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. On August 8, 1960 the City Council of the City of, Temp e City adopted Ordinance No. 60 -12; that said Ordi- nance No. 60 -12 is now a law of the City of Temple City. SECTION 2. This Ordinance provides for the incorpora- tion of Ordinance No. 60 -12 into the Temple City Municipal Code, as hereinafter provided in Section 3 of this Ordinance and in said incorporation Section 3 of said Ordinance No. 60 -12 is amended to provide for regulations respecting removal of con- tainers after collection. SECTION 3. The Temple City Municipal Code is hereby amended as follows: By adding Chapter 5 to Article VIII as follows: "CHAPTER 5 - GARBAGE AND RUBBISH DISPOSAL "8500. Legislative Policy. The City Council does here- by find and determine that the storage, accumulation, collection 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 pollution, fire hazards and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The City Council further declares that the regulations in this Or- dinance provided are designed to eliminate or alleviate such problems. "8501. Definitions. "(a) Garbage. 'Garbage,' when used in this Ordi- nance, shall mean and include all animal and vegetable refuse and waste matter originating in kitchens (residential and com -• mercial), 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 vege- table food, including vegetable trimmings and vegetable and ani- mal 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, paperpproduct newspapers, magazines, wrappings, discarded clothing, empty packing cases, boxes, packing materials, hay, straw, shavings, -1- 71 excelsior, sawdust, lawn and tree trimmings and cuttings, brush, weeds and leaves. No piece of combustible trash in excess of 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, debris from lawn renovations;'rocks, stones, bcombustible trash' or any waste materials, including plaster, result- ing 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 definitions, or as express- ly 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. "8502. Garbage - Containers and Location. Separate cans, tanks or receptables shall be provided for the storage of all garbage. Each such receptacle shall be constructed 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 remov- ed except when necessary to put garbage therein or remove it therefrom. No container for garbage shall have placed therein combustible trash orrubbish. Except when paced for collection as otherwise provided herein, no container 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. After collection of garbage or refuse no container for garbage or refuse shall remain in any alley, street, parkway or other public place nor upon any private lot or parcel of land other than on the rear or side yards of improved lots, longer than 9 :00 o'clock noon of the day im- mediately following collection of the garbage or refuse. "8503. Combustible Trash and Rubbish -- Containers and Location. 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 collection as otherwise pro- vided herein, such container of combustible trash or rubbish or both shall not be placed in any alley, street, parkway or public place, nor on any private lot or parcel of land other than in the rear or side yards of improved lots. -2- 72 "8504. Same. Additional Provisions. The following provisions— sFiall —appI5 in adTITion rd—the requirements set forth in 8503: "(a) In the residential zones: Grass clippings, small tree trimmings, brush and branches may be stored as mis- cellaneous debris hereinafter in section 8305. "(b) In the commercial zones, Receptacles must be: "1. Metal lined and leak proof, and provided with a metal lined lid; or "2. Constructed of non-- combustible materials and provided with a non-combustible lid; or "3. Aproved by the Fire Department or its repre- sentative as providing adequate protection against fire hazard. "8505. Miscellaneous Debris -- Containers and Locations Miscellaneous debris shall be stored or accumulated only in stacks or piles not in excess of 2 cubic yards total, which stocks 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 un- improved 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 view of neighboring properties and streets. "8506. Other Storage Prohibited -- Private Property. Other property than as above TeT fortf In Sections-3602,--8503, 8504 and 8505, it shall be unlawful for any person to dump or otherwise dispose of or to store or accumulate any garbage, rub- bish, 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 acid 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 or- ganic waste materials such as leaves, small twigs, grass clip- pings and other vegetable matter except garbage. "(c) Receptacles: Composting shall be contained and maintained in either (1) a pit, hole or other earth depres -• -3 - 73 sion 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 three (3) feet in height. Such receptacles or pits shall not be maintained within five (5) feet of any proper- ty line or structure. Composting may also be maintained in open 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 all times until decomposition is completed "(e) Miscellaneous Rules: No hardwood branches, second season growth, or other twigs, limbs or branches in ex- cess of one - fourth (1/4) inch in diameter or two (2) feet in length shall be permitted in any composting. "8507. Public or Private Places. Except as otherwise provided in phis Ordinance, it—Mail 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 tributary to any flood water channel, any easement or right of way for flood water channel purposes, or in or upon any place in the City where the natural flow of storm water might carry the same to any such flood water channel or structure. "8508. Duration of Storage. It shall be unlawful for any persoi5. 5 store or accumulate any garbage, rubbish, combus- tible trash or miscellaneous debris, in any container or at any location other than as set forth inssections 8502, 8503, 8504 and 8505, 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 "(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 8504 (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 stored in an accessory building for not to exceed one (1) year. -4.. 74 "(c) Rubbish. Rubbish shall not be stored or accu- mulated 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 ex- cess of: "1. Commercial zoned areas one (1) week "2. All other areas -- Two (2) weeks "8509. Duty of Property Owners Re Collection . _Sub- ject to the—Troy-arms or gection 8510 hereof, if-sfiall 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, combus- tible trash, rubbish and miscellaneous debris from any premises of which he is the owner, occupant or person in charge or pos- session within the time limits provided in Section 8508, and failure to do so shall constitute a misdemeanor. "8510. Franchise - Residential. The City may enter in- to an excIusive T`randhise agreement regarding the collection of certain trash, rubbish, debris and other discarded goods and ma- terials, including certain garbage, combustible trash, rubbish and miscellaneous debris from residential properties. If the City shall enter into a Franchise, the collection of the materi- als provided for therein may be made in accordance with the terms and conditions thereof, upon the basis of agreements be- tween the individual householders and the holder of said fran -- `chise . "8511. Collection and Removal. "(a) It shall be unlawful for any person to haul, remove or carry any garbage through, upon or along any street, in the - City', unless such garbage is contained in a.._s:trong, water- tight, or metaa compartment or receptacle having a tight- fitting wooden or metal cover and so constructed as to prevent any water or liquid f rom'falling, leaking or spilling, or odor escapii 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 be- fore being used. It shall be unlawful to fail or negledt 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 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. "(c) No person shall for hire collect, transport or convey, any combustible trash, rubbish or miscellaneous debri8, 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 franchise from the City. No such license shall be issued until -5 75 until the City Clerk shall cause to have inspected and approved the collection vehicles; provided, however, that any person dis- satisfied with a denial by or delay of the City Clerk may peti- tion the City Council for such permit, whereupon, the City Coun- cil 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 combustible trash, rubbish and miscellaneous debris from any residential premises of which he is either the owner or occu- pant; or from any residential premises owned or occupied by a member of his family, provided, that such person shall not col- lect, transport or convey any such material for hire. "(e) The foregoing limitations set forth in section 8511 (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 business operation, such as that of tree trimmers, gardners and builders. "(f) No collector of garbage, combustible trash, rubbish, or miscellaneous debris shall drop or spell or permit to be dropped or spilled any such matter on any private or pub- lic property in the City of Temple City during the course of collection. "(g) Collection shall not be donducted by any per- son 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 :00 a. m. 6:00 p. m. 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 para- graph (d) of this Section 8511. "(h) Each truck, van, trailer or othe�r'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 paneling in a place readily viewable, in contrasting color. "4. "(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 any one location, without first hav- ing informed the Highway Patrol of the State of California of intention to do so. "(j) Every collection vehicle shall comply with all laws, including the traffic regulations of this City, of the State of C lifornia, and of other applicable agencies. 76 "(h) No person shall collect, gather, remove, trans- port or carry any garbage, combustible trash, rubbish or miscel- laneous debris for hire from any premises in the City of Temple City over, on or through any public street, alley or parkway of the City of Temple City without first having furnished satisfac- tory evidence to the City Clerk that such person carried at all times public liability insurance with a company licensed to do business in the State of California covering liability for in- juries or deaths and property damage., arising out of or in con- nection 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 acci- dent, and property damage in an amount of not less than $50,000. The City Clerk shall not issue any business license to any per- son 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. "8512. Miscellaneous Rules. It shall be unlawful for any person—to bury any gar`�age, combustible trash, rubbish or mis cellaneous debris, or to place the same in any hole or excava- tion in the City, whether on private or public property. The sweeping, washing, or placing of leaves, clippings or similar debris into a public street or alley is prohibited. '8513. Special Permits. The City Council declares, in ordaining the provisions of this Ordinance pursuant to the legis- lative policy set forth in Section 8500, that there may from time to time occur situations where unusual topography, land im- provements or other conditions exist on any residential or busi- ness 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, occu- pant 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 applications his findings as to the effect of such excep- tions 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 revocations 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 8505 and 8511. 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 its decision thereon which decision shall be final. The City Clerk may in his discre- tion refer directly to the City Council any such request. "8514. Criminal Sanctions. Any person, firm or corpora- tion 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. ._7_ 77 "8515. Legality. If any section, subsection, sentence, clause or phrase of -this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validi- ty of the remaining portions 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, subsections, sentences, clauses or phrases thereof be declared invalid or unconstitutional. "8516. Effective Date. This Ordinance is hereby de- clared to be an urgency measure necessary for the immediate pre- servation 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 includ- ing garbage, combustible trash and rubbish is a matter of great public concern, in that improper control of such matters can lead to air pollution, fire hazards, rat infestation and to other problems affecting the health, welfare and safety of the resi- dents 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; 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. "8517. 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. PASSED AND ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held the 9th day of January, 1961, by the following called vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, & F i tz j ohn NOES: Councilmen- None ABSENT: Councilmen- None ATTEST: (:.. Clerk of the City of Temple Calif y ty, nia. -8- ty r' Temp e City, California. 78