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HomeMy Public PortalAboutOrd. 0686oRDINANCE N0. 686 AN ORDINANCE OF THE CITY OF LYNWOOD REGUTATING THE STORAGE, COLLECTION, AND DISPOSAL OF GARBAGE AND RUBBISH, AND PROVIDING FOR THE COLLECTION OF CHARGES FOR SUCH SERVICE, The City Council of the City of Lynwood does ordain as follows: SECTION 1, PURPOSE: The purpose of this ordinance is to provide rules and regulations for the collection and disposal of garbage and rubbish within the corporate limits of the City of Lynwood, said service to be performed either through a city contract or by city forces, The ordinance prescribes a schedule of fees for such service and the method of collection of said fees. SECTION 2, GARBAGE AND RUBBISH DEFINED: For the purpose of this ordinance, certain terms are defined as follows: (a) Garbage shall mean all animal and vegetable refuse of kitchens, households, or restaurants, or household waste which has been prepared for or been used for food, or shall have resulted from the preparation of food, or table refuse or offal, and every accumulation of all animal, vegetable, and other matter attend- ing the preparation,consumption, decay, dealing in or storage of meats, fish, fowl, fruits, or vegetables, and shall include all garbage which shall have resulted from sorting or the commercial preparation or processing of food products. (b) Combustible rubbish shall mean paper, ra~s, discard- ed household bedding, excelsior or other packing materials, cartons, boxes or containers of wood or fiber, sawdust or shavin;s from lumber yards, mills, factories or shops, lumber scraps, wood or wooden articles, grass, trees, plants, vines and the prunings thereof. Combustible rubbish shall not include dirt or sweepings. {c) Noncombustible rubbish shall mean ashes, bottles cans, broken glass, crockery, earthenware, tin cans, tinware, wire, -1- wire netting and other articles of discarded metal or stone of less than twenty (20) pounds in weight each, automobile tires and tubes, batteries, metal kegs, barrels or casks. Noncombustible rubbish shall also include rocks, stones, bricks, plaster, mortar or other building materials whether com- bustible or noncombustible, except that the quantity of these materials be limited to eighty (80) pounds per week per service. SECTION 3. CONTAINERS: Every person occupying or in possession of any premises in the city shall provide a portable container for rubbish and garbage, The same container may be used for both garba~e and rubbish, providing said container complies with the requirements of this section and of Section 4 hereof. All containers shall be of such size, shape or weight, when filled, that they may be readily lifted for emptying into trucks, and free of all rough or jagged surfaces which might be likely to cause injury to persons handling them. Containers shall be of adequate construction to bear the weight of the contents and shall be so constructed as to not permit the contents thereof to sift or pass through any open3ng therein other than at the top thereof. All containers shall not exceed six (6) cubic feet or forty-five (45) gallons in size, and the weight of each container together with contents shall not exceed eighty (80) pounds. Containers used for garbage or garbage and rubbish combined shall be water tight and constructed of inetal or non-porous plastic and shall be equipped with tight fitting lids. Rubbish not readily susceptible to placement in a contain- er may be placed 3n the same manner and in the same places as designated for containers, except that no single item placed for collection shall exceed five (5) feet in length or two (2) feet in width, nor shall exceed eighty (80) pounds in weight. Tree trimmings, brush, shrubs or other materials susceptible to bundling shall be securely tied in bundles not heavier than eighty (80) -2- pounds nor longer than five (5) feet nor more than twenty-four (24) inches in diameter. The City Council, by resolution, may adopt standards governing the type and construction of all containers, and rules and regulations governing their use. SeCTION 4. COLLECTION RULES: Materials placed for collection will be collected from the alley, except dead-end alleys, if such alley is paved, and in all other cases, alon~ the street. Containers and bundles shall not be placed out for collection prior to 6 p,m, of the evening preceding the day upon wh3ch collector is scheduled to commence in the district in which the particular premises are located, and all containers shall be promptly removed by owners from streets or alleys immed3ately after collection. Materials placed for collection in alleys shall be placed as close to the property line as possible, and in street collection as close to the curb line as possible, or if there are no curbs, then placed between the established roadway and the property line. If garbage is mixed with other rubbish, it shall be thoroughly drained and wrapped in newspaper or similar absorbent material prior to placement in container, No person shall set out, or cause to be set out, garbage or rubbish for colle nor shall any person on the premises over suitable containers, a longer period than SECTION 5. ~tion that does not originate £rom the premises, allow the accumulation of garbage or rubbish which he exercises control, unless stored in and in no event shall garbage be stored for one (1) week. TAMPERING OR MIDDLING WITH CONTgZNERS: No person, other than the owner thereof, his agents or employees, or an officer of the city or any person holding a contract with the city for the collection or disposal of garbage and rubbish, his agents or employees authorized for such purpose, or any private -3- ~arba~e or rubbisn collector duly licensed b~ tne cit~ and holdin~ a contraet w~th an otimer or occupant for the collection of garbage or ruboish, shall tarnper or meddle v~ith any container or the contents thereo~, or remove the contents of ang such container or remove any such container frorn the location where the same shall have been placed by the o,•rner thereof or his a~ent. SEC'~IOi1 6, FEES: The followin~; char~;es are nereby establis'ried as Lhe Pees to be paid £or service rendered in the collect=ion and disposal oi ~arba~e and rubbish. (a) For each sin~le family dwelling, One Do11ar ($1.00) per month for tvao (2) garbage collections per vaeek and~or one (1) collection per week of combustible and noncombustible rubbish. (b) For ttiJO-farnil~ dwellings or tvao houses on the same lot under the same ownership, One Dollar and Fifty Cents (w1.50') per month for Lvao (2) garbage collections per vaeek and~or one (1) collection per week of combustible and noncombustible rubbish. (c) For all apartment houses, flats, courts, motels, or multiple farnily dwellings, for tUro (2) garbage collections per wee:c and~or one (1) collection per week of combustible and non- combustible rubbish, the monthly charoes shall pe as followe: For the first dwellin~ unit, One Dollar ~~1.00). For the second, third, and fourth dwellin~ units, Fifty Cents (50¢) per unit. For tPie fifth unit ancl eacn addif~ional unit, ThirLy Cents (30y~) per unit. (d) For each corrunercial establishmenf~, One Dollar ($1.00) per mor.th for two (2) ~arbage collections per vaeek ar.d~or one collection of combustiule and noncunibustible rubbish: bdhere additional service over and above the regular collections are required, additional Fees shall be established in eac~ case by the City Mana~r,er wit'n the approval of the City Council but iri i,o case vaill 'che tocal amount of such fees be less than Tvro Dollars (~;2.00~ per month. If the ovaners or occuparits are not satisfied witYi the fees established Uy the city or if the city _~~_ Contractor does not desire to provide such additional services, said owners or occupants may contract privately with any other col- lector duly licensed by the City of Lynwood. The above fees shall be charged and billed as a monthly service charge, payable bi-monthly. No credit will be allowed for a portion of a month of service. The City Treasurer will be responsible £or all monies collected and sha11 deposit the same in the general fund o£ the City. An accurate record showing service and collections at each location shall be kept. Provisions of this Section shall not be deemed or construed to require the payment of fees specified therein by any owner or occupant who, (1) accumulates no garbage or rubbish, or, (2) has an enforceable agreement with a private collector whereby the said garbage or rubbish is being collected at least as often as the public collection of garbage and rubbish, and in accordance with the health requirements of th~ nuisance ordinance of the city, being Ordinance No. 678, and with this ordinance; that in order for an owner or occupant to bring himself or herself within the cate~ory of subdivision (1) or (2), he or whe will be required to file with the City Manager an affidavit executed by him or her containing such language as would exempt him or her from the pro- viaions of this Section. Provided, however, that said affidavit shall be only prima facie evidence thereof, and the City Manager shall have the right to make independent investigation of the facts stated in said affidavit, and if he finds that the applicant did not come within the provisions of this paragraph, he shall forthwith notify the applicant of his findings, The provisions of this paragraph do not apply to the owners or occupants of single family dwellings. SECTION 7. METHOD OF COLLECTION: The method of collect- ing the fees as described herein, shall be as follows: The City owns and operates the water.distribution system, Billin~ for water service is bi-monthly. It is hereby determined that the bills -5- < that the bills for water service shall also be the medium for billing and collection of garbage and rubbish fees. The time covered by the billing shall be for the same period. £or both water service and garbage and rubbish collection service. When, on the regular water billing rendered. for a particular location, there appears a charge for garbage and rubbish collection shown on the bill as "disposal," the total sum due shall be paid as a unit and all the provisions of prevailing ordinances and regulations relative to the collection of £ees for water service shall apply to the total amount shown on the statement £or both water service and garbage and rubbish service. Where garbage and rubbish is collected at locations not served by city water, a separate bi-monthly statement shall be mailed. to the person responsible for such payment, payable in advance, and the collection of such charges shall be covered by the provisions of the general laws. SECTION 8. BURNING AND BURYING HEFUSE: It is unlawful to burn garbage or rubbish either in an open fire or incinerator other than a double combustion type incinerator approved. by the Air Pollution Control District. The burying of garbage is expressly prohibited. SECTION 9. PENALTIES: Any person viclating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished. by a fine of not more than $300 or by imprisonment in the county ,jail of not more than three (3) months, or by both such fine and imprisonment. SECTION 10. This ordinance is urgently required.for the immediate preservation o£ the public peace, health, and. safety in the City of Lynwood, and shall be in effect January 1, 1959. The following is a specific statement showing the emergency of the ordinance: That a supplemental garbage and trash collection and disposal contract has been entered. into, effective January l, 1959 , and the new ordinance is necessary for the purpose of agreement between the ordinance and said. supplemental contract. SECTION 11. REPEALS: That Ordinances Nos. 433, 666, and all other ordinance or portions of ordinances 3n conflict with the provisions -6- of this ord.inance are hereby repealed, SECTION 12. CERTIFICATION: The City Clerk is hereby directed to certify to the passage o£ this ordinance and to cause the same to be published twice in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated. in the City of Lynwood.. First read at a regular meeting of the City Couneil of said city held on the 2nd day of December, 1958, and finally adopted and. ord.ered published at a regular meeting of said Council held. on the 16th day of December, 1958, by the following vote: Ayes: Councilmen English, Finch, Pender, Rowe, Summ~s. Noes: Councilmen None. Absent:Councilmen None. ~ ~ r~ . .• , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) ~ I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of ordinance No. 686 adopted by the City Council of the City of Lynwood. and that same was passed on the date and by the vote therein stated. Dated this 18th da~y of December ~ 19 58 ,