For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means all litterers' wastes and all animal or vegetable
refuse or residue that results from the preparation or care for, or
treatment of foodstuffs intended to be used as food, or which results
from the preparation or handling of food for human consumption, or
any decayed or unsound meat, fish, fruit or vegetables.
means garbage, waste and refuse, as defined in this section,
and including anything discarded as no longer useful.
means all types of litter or litterers' solid wastes,
consisting of both combustible and noncombustible wastes such as paper,
cardboard, garbage, grass clippings, tree or shrub trimmings, wood,
bedding, crockery, rubber tires, construction waste, and similar waste
materials, except sewage and industrial wastes.
means litterers' wastes such as unusable, unwanted
or discarded material and debris resulting from normal community or
business activities, or materials which by their presence may injuriously
affect the health, safety and comfort of persons, or depreciate property
values in the vicinity thereof.
(Ord. 221 §1, 1982)
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
(Ord. 221 §8, 1982)
All garbage, waste or refuse created, produced or accumulated
in or about any premises situated anywhere in the City shall be disposed
of or removed from the premises at least once each week.
(Ord. 221 §3, 1982)
It is unlawful for any persons occupying or maintaining any
premises within the City, where any litter is created, produced or
accumulated upon such premises, to fail or neglect to procure a container
or containers for receiving and holding without leakage or escape
of odors, all litter which is produced, created or accumulated upon
such premises, and all such persons shall deposit all such litter
in such a container. Such containers shall be garbage bins or cans
of metal or plastic designed to hold litter, and shall have closefitting
lids. Dry paper and cardboard arranged or secured so that none can
be moved by the wind, are exempt from the requirements of this section.
(Ord. 221 §2, 1982; Ord. 225 §2, 1983)
There shall be no dumping of refuse on private or public property
other than provided by this chapter, except by special written permission
of the City Council.
(Ord. 221 §6(a), 1982)
A.
Nothing
in this chapter shall be deemed to prohibit the dumping of clean fill
on a parcel, provided such dumping is in accord with the provisions
of this section.
B.
As used
in this section, "clean fill" means soil, sand, rocks,
gravel, concrete and asphalt, all without organic matter.
C.
Before
any dumping occurs, the owner of the parcel, or the owner's
agent, shall obtain from the City a permit for such dumping, which
permit shall include an agreement to abide by the provisions of this
chapter and to call for inspection after the dumping is completed.
D.
No fill
shall be placed that would be at an elevation of more than one foot
higher than the adjacent street, in violation of any grading ordinance
in effect, or that blocks or impedes the flow in any watercourse or
drainage way.
(Ord. 221 §6.1, 1982; Ord. 230, 1983)
A.
Whenever
it is necessary to make an inspection to enforce any of the provisions
of or perform any duty imposed by this chapter, an authorized person
is hereby authorized to enter such property at any reasonable time
and to inspect the same and perform any duty imposed by this chapter;
provided, that if such property is occupied, the authorized person
shall first present proper credentials to the occupant and request
entry, explaining his or her reasons therefor. If such property is
unoccupied, the authorized person shall first make a reasonable effort
to locate the owner or other person having charge or control of the
property, and request entry, explaining the reasons therefor. If such
entry is refused or cannot be obtained because the owner or other
person having charge or control of the property cannot be found after
due diligence the authorized person shall have recourse to every remedy
provided by law to secure lawful entry and inspect the property.
B.
Notwithstanding
the foregoing, if the authorized person has reasonable cause to believe
that there is an accumulation of waste or garbage, or both, or other
unsanitary conditions prohibited by this chapter on the premises,
which could be seriously detrimental to the public health or safety
the authorized person shall have the right to immediately enter and
inspect such property, and may use any reasonable means required to
effect such entry and make such inspection whether such property is
occupied or unoccupied, and whether or not permission to inspect has
been obtained. If the property is occupied, the authorized person
shall first present proper credentials to the occupant and demand
entry, explaining the reasons therefor and the purpose of his or her
inspection.
C.
"Authorized
representative" means and includes the Fire Chief, the Fire
Chief's authorized representative or any police officer of the
City.
D.
No person
shall fail or refuse, after proper demand has been made upon such
person as provided in this section, to promptly permit the authorized
person to make any inspection provided for by this section.
(Ord. 221 §13, 1982)
The Fire Department is authorized and empowered to notify the
owner of any private property within the City, or the agent of such
owner or occupant, to properly dispose of litter located on such owner's
property which is dangerous to public health, safety or welfare. Such
notice shall be by certified mail, addressed to such owner at this
last known address.
(Ord. 221 §10(a), 1982)
Upon the failure, neglect or refusal of any owner or agent of the occupancy so notified to properly dispose of litter dangerous to the public health, safety or welfare within 5 days after receipt of the written notice provided for in Section 8.12.080 of this chapter, or within 7 days after the date of such notice in the event the same is returned to the City because of inability to make delivery thereof (provided the same was properly addressed to the last known address of such owner or agent, or occupant), the Fire Department is authorized and empowered to pay for the disposing of such litter, or to order its disposal by the City.
(Ord. 221 §10(b), 1982)
When the City has effected the removal of such dangerous litter,
or has paid for its removal, the actual cost thereof, plus accrued
interest at the rate of 18% per annum, from the date of the completion
of the work, if not paid by such owner or occupant prior thereto,
shall be charged to the owner or occupant of such property, and such
charge shall be due and payable by the owner at the time of presentation,
and the City shall proceed to collect the same.
(Ord. 221 §10(c), 1982; Ord. 2015-436 §1)
The City will pay a reward of $50.00 to any person who gives
information which leads to the arrest and conviction of any person
for a violation of Section 374b of the State Penal Code.
(Ord. 221 §11, 1982)
Any person who claims a reward pursuant to Section 8.12.110 shall file a claim in writing with the City Clerk in which he or she shall state the title of the court, the name of the parties, and the number of the case in which a person was convicted of a violation of Section 374b of the State Penal Code, and a statement of the information which he or she gave which led to the arrest and conviction of such person and shall designate the location in the City where the violation occurred or was committed. The clerk also may require an appropriate certificate from the Police Chief to the effect that the information given by the claimant led to the arrest and conviction of such person. No City employee shall be eligible for any reward hereunder for any information or services rendered by him or her within the scope of his or her duties.
(Ord. 221 §4(a), 1982)
No person shall throw or deposit, or cause to be thrown or deposited
any garbage, waste or refuse, or allow any accumulation of the same
to remain in or upon any public right-of-way, watercourse, or banks
of watercourse, or upon any premises whatsoever except at an approved
disposal area.
(Ord. 221 §4(a), 1982)
All refuse and vegetables hauled by any person over any road
in the City, shall be securely tied and covered during the hauling
thereof, so as to prevent leakage, spillage or blowing. No person
shall allow refuse of any kind whatsoever to leak, spill, blow or
drop from any vehicle on any road.
(Ord. 221 §4(b), 1982)
It is unlawful to burn garbage, or refuse containing garbage,
or to burn any other materials of a type that creates an offensive
odor.
(Ord. 221 §5(a), 1982)
Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of an infraction, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.
(Ord. 221 §15, 1982; Ord. 86-271 §35)
