[Ord. No. 412, § 2; Ord. No. 631, § 1; Ord. No. 1059, § 1.]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The person or the agents or employees thereof, with whom
the city shall have entered into an agreement providing that such
person is authorized to collect, handle and dispose of all or any
part of the solid waste, rubbish and garden refuse in the city.
Putrescible kitchen and table food waste and animal, fish,
food, fowl, fruit or vegetable matter, or any portion thereof, resulting
from the storage, preparation, cooking, or handling of food stuffs,
or any other material contaminated by or rendered useless because
of contact with any putrescible matter, except that garbage shall
not include cannery or food processing residues that are separated
for reuse or recycling.
Lawn trimmings or clippings, garden trimmings and refuse,
small tree or shrub prunings and other waste materials resulting from
gardening, but excluding therefrom earth, concrete, bricks and similar
materials.
Domestic, commercial or industrial by-products which may
have an economic value if recycled, which may be source separated,
set aside, handled, packaged or offered for collection by the resident/business.
Recyclables include, but are not limited to, glass, newspaper, plastics,
metal, by-metal, aluminum and other materials.
Nonputrescible, useless, unused, unwanted or discarded material
or debris, either combustible or noncombustible, which by their presence
may injuriously affect the health, safety and comfort of persons and
property in the vicinity thereof.
All putrescible and nonputrescible solid, semi-solid and
liquid waste accumulated or delivered for collection and disposal
within the city and includes, but is not limited to, garbage, rubbish,
construction debris, demolition debris, bulky waste, and garden refuse.
Solid waste does not include hazardous waste or household hazardous
waste, designated waste, infectious waste, recyclable materials when
source separated for recycling or reuse, sewage, or abandoned automobiles.
[Ord. No. 412, § 3; Ord. No. 631, § 1; Ord. No. 845, § 1A; Ord.
No. 1059, § 2.]
It shall be unlawful for any persons occupying any premises
with the city, or for person owning, controlling or maintaining any
premises with the city where solid waste is created, produced, or
accumulated, to fail or neglect to provide a sufficient number of
each approved type containers for receiving and holding without leakage
or escape of odors all solid waste produced, created, or accumulated
upon such premises, except as hereinafter provided; and all such persons
shall deposit all such solid waste in the correct containers, and
all such containers shall be at all time kept in good useable and
sanitary condition. Containers shall be kept continuously closed except
when solid waste is being placed therein or removed therefrom, and
shall at all time be closed against the access of flies, rodents,
and animals to the contents thereof. It shall be unlawful for any
person to place garbage or any other unapproved material in a recycling
container.
[Ord. No. 412, § 4; Ord. No. 590, § 2; Ord. No. 1059, § 3.]
No person shall incinerate solid waste on either public or private
premises, nor shall any person dump or throw out solid waste on vacant
land or bury solid waste within the City.
[Ord. No. 412, § 5; Ord. No. 423, § 1; Ord. No. 631, § 1; Ord.
No. 654, § 3; Ord. No.
1059, § 4.]
All dwellings, apartment houses and places of business in which solid waste is created, produced or accumulates within the city shall be required to use the solid waste collection service of the city's contractor and to pay the charges therefor, except as provided in section 26-9.2 of this article. It shall be unlawful for any person, firm or corporation, except as otherwise provided in this article, to collect or gather solid waste within the city.
Notwithstanding any provision of this chapter any producer of
industrial waste presently using a contract waste hauler other than
the city franchisee may continue to use a contract waste hauler other
than the city franchisee.
[Ord. No. 846, § 2; Ord. No. 1059, § 5.]
In the event an alternate contractor hauls and removes solid waste from any industrial plant as provided for in section 26-9 above, each such alternate contractor shall pay a franchise fee for the privilege of such hauling in the amount of fifteen percent of the gross charges by such contractor to the industrial plant. Said amount shall be paid to the director of finance of the City of Oakdale monthly, and at the same time such contractor shall furnish to the director of finance such information and files and records to enable the City of Oakdale to determine that the proper fee is being paid to the City of Oakdale.
[Ord. No. 1059, § 6.]
(a)
Any person may remove or may cause to be removed from premises occupied by that person or under their control, such solid waste as is created or produced on such premises in excess of the regular solid waste collection made by city's contract hauler if the following conditions have been complied with: subsections (b) (1) and (2) below:
(b)
Any person may remove or may cause to be removed from premises occupied
by that person or under their control, all solid waste created or
produced on such premises and becomes a non-customer of the city's
contractor if all of the following conditions have been met:
(1)
Such removal shall be made only by the owner or occupant personally,
or by employees of such owner or occupant.
(2)
All vehicles used in carrying out such removal shall be owned
by or under the exclusive control of the owner or occupant, and such
vehicle and activities shall meet all the requirements of this chapter
and all other laws and ordinances of the State of California and the
city relating to solid waste disposal.
(3)
Persons removing solid waste in excess of normal annual residential
volume (defined herein as three thousand pounds per year) shall comply
with the following additional requirements:
a.
No waste shall be permitted to leak, blow, litter or fall from
any vehicle engaged in such removal.
b.
All removal shall be done safely and quietly with due regard
to the property of others.
c.
No person shall remove solid waste from any location within
two hundred feet of a public or private elementary, junior high, or
high school, where such school is shown on an official map of the
city, as designated by the public works and transportation director,
as said map shall be periodically updated, during the forty-five minutes
before the commencement of the regular school day and forty-five minutes
following the conclusion of the regular school day, where such locations
are accessible to and used by children as routes to or from school.
d.
Persons engaged in solid waste removal pursuant to these requirements
shall be responsible for any damage in excess of normal wear and tear
to the city's driving surfaces, whether or not paved, resulting from
the illegal weight of, or any leakage or spillage of oils, fluids
or solids by vehicles used in such solid waste removal.
e.
Vehicles used shall comply with CHP and D.O.T. regulations,
and shall be thoroughly washed and disinfected inside the collection
body following each use.
f.
No driver shall operate a vehicle as in paragraph e above, without
a valid and appropriate driver's license.
g.
All vehicles as in paragraph e above shall be clearly identified
with the name and local telephone number of its operator affixed thereto.
h.
Solid waste shall be disposed of at a permitted transfer facility
or a solid waste disposal facility, including landfills and transformation
facilities, permitted by the California Integrated Waste Management
Board (CIWMB).
i.
If the city establishes a yard waste collection program, yard
waste shall be separated from solid waste and recyclables and taken
to a permitted composting facility or such other locations as directed
by the public works and transportation director.
j.
All recyclable materials shall be separated from other solid
waste and shall be recycled at a permitted recycling facility.
k.
Insurance requirements as specified from time to time by the
city's risk manager shall be complied with.
(4)
A cash security deposit shall be deposited with the city in
an amount set from time to time by council resolution to ensure prompt
removal of solid waste in the event it is not removed from the premises
on a regular weekly basis by a noncustomer owner or person in control
of the premises. The security deposit shall be made for each separate
residential property or business location owned or controlled by a
noncustomer, based on the frequency and volume of past collection.
Events requiring city to use a noncustomer's deposit for solid waste
removal shall be treated as a public nuisance subject to immediate
abatement and charged to such noncustomer. Conduct requiring city
to expend noncustomer deposit monies shall constitute a misdemeanor.
(5)
Persons engaged in solid waste removal shall procure and retain
a receipt from a permitted solid waste facility for each week they
remain a noncustomer and collection and display all such receipts
for the preceding one-quarter calendar year upon reasonable request
by appropriate city authority. Failure to show proof of solid waste
disposal for each week that a person is a noncustomer shall constitute
a public health and safety risk sufficient to permit city to administratively
require such person to become a customer.
(c)
Any
producer of industrial solid waste, or their employees, may transport
the same upon or through any street or public place of the city for
disposal at a permitted disposal facility or site.
(d)
It
shall be unlawful for any person acting as an employee of a producer
of industrial solid waste to collect or transport such industrial
solid waste from more than one industrial producer thereof.
(e)
Any
person engaged in the business of gardening or tree summing, or building
demolition, or construction work, including both yards and buildings
interiors, is authorized to remove and dispose of yard waste, rubbish
or salvageable waste produced as an incident to such business, including
the use of any contract waste hauler.
[Ord. No. 412, § 6; Ord. No. 631, § 1.]
No collection shall be commenced in the residential area of
the city before the hour of 6:00 a.m. or after the hour of 6:00 p.m.
[Ord. No. 412, § 7; Ord. No. 631, § 1; Ord. No. 1059, § 7.]
All solid waste shall be disposed of through the duly authorized
contractor for the city, unless otherwise permitted per this article.
No person shall cause, permit or allow the accumulation of solid waste
in such a manner or in such quantities as will interfere with the
public health, comfort and safety of the city, or will become a fire
hazard or a hazard to sanitation or a public nuisance.
[Ord. No. 412, § 12; Ord. No. 423, § 2; Ord. No. 631, § 2; Ord.
No. 1059, § 8.]
(a)
Charges for solid waste service shall be as determined by the contractor
for each customer class and shall not be subject to city review and
mediation.
(b)
The city shall not engage in rate-making with respect to charges for solid waste collection service, except to set maximum rates as set forth in subsection (c) below.
(c)
Inasmuch as city contractor is granted an exclusive service agreement
and will have no competition with respect to customers who do not
wish to be noncustomer, the city council reserves the right to set
maximum rates that may be charged for any solid waste collection services
offered by city contractors having agreements with the city specifying
that the contractor has an exclusive service agreement with respect
to such service or services. No contractor may charge differing rates
within the same class of solid waste customers.
[Ord. No. 412, § 8; Ord. No. 845, § 1B; Ord. No. 1059, § 9.]
The city's contractor shall deposit the contents of all solid
waste and recyclable receptacles directly into the disposal vehicle
when collecting from automated cans and bins, which vehicle shall
be of a packer type, and approved by the health officer, and shall
deliver the contents of such vehicle to a solid waste facility permitted
by the California Integrated Waste Management Board which may include
a transfer station, material recovery facility, landfill, or transformation
facility. Such delivery shall be made on the same day as the solid
waste was collected and placed in such vehicle. Disposal vehicle shall
at all reasonable times be subject to inspection by the health officer
and shall be kept in as clean and sanitary condition as possible.
Willful or negligent failure of the contractor to observe the requirements
of this section shall be sufficient to justify the revocation by the
city council of the agreement held by the contractor. The provisions
of this section shall be interpreted to allow the contractor to utilize
single-man automated collection vehicles and contractor-supplied wheeled
containers for solid waste.
[Ord. No. 412, § 13; Ord. No. 560, § 1; Ord. No. 631, § 1; Ord.
No. 1059, § 10.]
Any agreement entered into by the council pursuant to the provisions
of this chapter for the collection of solid waste, except industrial
garbage, shall specify that all charges for solid waste service shall
be collected solely by the contractor or by the city pursuant to contract
with the city. The city may contract with the contractor to perform
customer billing and collection services. Nevertheless, such a contract
shall not obligate the city to, and the city shall not, use its police
power to collect bills remaining overdue or unpaid.
[Ord. No. 412, § 14; Ord. No. 1059, § 11.]
It shall be the duty of the contractor to collect without charge
to the city all solid waste from receptacles placed or caused to be
placed by the city in or on the streets, sidewalks, parks or other
public grounds or property of the city, including all buildings and
facilities that require garbage, refuse, waste, rubbish removal.
[Ord. No. 412, § 15; Ord. No. 845, § 1C; Ord. No. 951, § 1; Ord.
No. 1059, § 12.]
The City may or may not advertise for bids for awarding franchise
agreements for the exclusive right to collect and dispose of solid
waste within the city, or the city may, without advertisement, extend
any franchise agreement upon such terms and conditions as the city
determines.
[1]
Editor's Note: Former section 26-17, Contractor's franchise
– Renewal, previously codified herein and containing portions
of Ordinance Nos. 412, 631 and 845, was repealed in its entirety by
Ordinance No. 1059.
[Ord. No. 412, § 9; Ord. No. 1059, § 14.]
The city council shall have the authority to hear and act upon
complaints against the city's contractor, and to revoke the agreement
with the city's contractor for failure to comply with the conditions
of the agreement, or this article, or for failure to comply with any
reasonable rules and regulations made by the city council or health
officer under the terms of this article.
[Ord. 412, § 7.]
(a)
In the event an agreement is entered into with a contractor, and
in the further event that such agreement is revoked for the violation
of this article or the terms of the agreement, or for contractor's
willful or negligent failure to observe and perform his obligations
as specified in this article, the council may, by resolution, appoint
another contractor for the city upon such terms and conditions as
the council may deem proper.
(b)
In the event the agreement is revoked for the reasons specified in subsection (a) of this section, the city may at its option take possession of the contractor's equipment and operate the garbage and allied collection services with the city's own forces until it can replace the contractor. If the city does operate with the contractor's equipment, it shall reimburse itself its actual cost of such operation out of the contractor's percentage of money collected, and refund any excess to the contractor. If the actual cost exceeds the contractor's percentage, the contractor shall pay the city the difference between his contract share and the actual cost.
[1]
Editor's Note: Former section 26-20, appointing of contractor
in absence of satisfactory bid for franchise, previously codified
herein and containing portions of Ordinance No. 412, was repealed
in its entirety by Ordinance No. 1059.
[Ord. No. 412, § 10.]
No person shall hinder, threaten, impede or obstruct the contractor,
his agents and employees, in the performance of the contractor's duties
under the terms of this article.
[Ord. No. 412, § 11.]
All members of the police department and the health officer
of the city are hereby specifically required to enforce the provisions
of this article, and shall have the right to enter any or all premises
for the purpose of ascertaining the sanitary condition thereof, and
whether the terms of this article are being complied with; and any
person denying, refusing or obstructing such entry shall be guilty
of a misdemeanor.
