The following terms as used in this Chapter unless otherwise
indicated, have the respective meanings set forth:
means objects of furniture, household or industrial appliances,
shipping crates and containers or other large, bulky, or heavy objects
not normally discarded on a regular basis from City residences or
commercial or industrial establishments.
shall mean the City of Indian Wells.
means any building, park, or other site located within the
corporate limits of the City, owned, leased, or used regularly and
significantly by City personnel of the City.
means the operation of gathering together and transporting
refuse to the point of disposal.
means any organization, private or civil, of any number of
persons or objects that provides goods or services to the City or
its inhabitants, such as hotels, motels, offices and professional
buildings, and retail establishments of all kinds, including supermarkets,
filling stations, department and variety stores.
means the person or persons entering into a contract with
the City for the collection and disposal of refuse.
means the County of Riverside.
means the complete operation of treating and disposing of
the accumulations of refuse and of the product or residue arising
from such treatment.
means food wastes or trimmings from restaurants, markets,
or residences. It shall also include restaurants' swill, offal
from any slaughter pen or butcher shop, and dead animal carcasses.
means all forms of biodegradable plant material, including
but not limited to tree trunks and logs that have been clipped, tree
trimmings, and grass clippings.
means those materials which may not, by law, be disposed
of at a Class II disposal site. A list and description of hazardous
waste material shall be maintained on file at the City Hall for inspection
by the general public.
means the County Health Officer if the City is under contract
with the County to provide health services, or the City Health Officer
if the City is not under contract and has its own full time City employee
as a Health Officer.
means any organization, private or civic, of any number of
persons or objects that manufactures, assembles, combines, grows,
harvests, converts, stores, or refines any product, substance, liquid
element, material or energy source of any type.
means the process of collecting and turning used projects,
including but not limited to, newspapers, plastic, cans, corrugated
cardboard, bottles, and green waste into new products by reprocessing
or remanufacturing them.
is the inclusive term for all garbage, rubbish, trash, and
solid or liquid wastes, excepting sewage and hazardous waste, which
originates from normal household, business, commercial, and industrial
activity.
means any structure or space provided for or used for the
inhabitation or occupancy of people and/or their belongings on a permanent,
temporary, or transient basis and shall also include recreational
areas.
means non-putrescible solid wastes consisting of both combustible
and noncombustible wastes which originally accumulate in the operation
of household, business, commercial, and industrial activities. "Rubbish"
shall not include waste material from major demolition or construction,
but does include normal waste material from home and building repair
and remodeling. "Rubbish" shall not be deemed to include
earth, sod, rock, concrete, trees or parts thereof, or major wastes
resulting from manufacturing processes.
means to remove without authorization any recyclable materials,
including, but not limited to, newsprint, corrugated cardboard, plastic,
bottles, or metal, which are placed within the vicinity of any curb,
collection point, or refuse bin for collection purposes.
means the usual customary types of household and commercial
garbage, trash and refuse such as wastes from the preparation and
cooking of foods, waste food, waste paper, cloth, containers such
as bottles, tin cans, cartons and crates; material such as wood, plastic,
rubber, metal, glass, grass, tree and plant trimmings and other refuse
items customarily deposited by City residences, commercial and industrial
establishments, homeowners, occupants, contractors, builders and visitors,
in collection containers or areas for pickup and disposal by themselves
or others.
The following materials are excluded: (1) wastes consisting
primarily of earth and earth materials; (2) liquid wastes; (3) special
wastes such as chemicals, oils, or materials of any poisonous, hazardous
or explosive nature.
means tree stumps, roofing materials, plaster, concrete,
or other substances that may accumulate as a result of repairs or
construction to land or buildings or as a result of initial clearing
of lots or as a result of building operations.
(Ord. 284 § 2, 1991; Ord. 297 §§ 1-2, 1992)
(a)
Residential
Owner. Every person in charge of residence or residences, whether
single-family or multiple family, shall make arrangements with the
City's Contractor to have removed, not less than once a week,
from the property upon which the residence or residences are located,
all refuse created or produced or brought upon the premises.
(b)
Commercial
Owner. Every person in charge of a commercial or industrial building
shall not less than twice a week cause to be removed from the property
upon which the building is located by the City's Contractor
all refuse created or produced or brought upon the premises; provided,
however, that upon written approval of the Health Officer, refuse
created, produced or brought upon the premises of an industrial or
commercial building may be removed not less than once a week. This
latter provision, however, will not apply to food handling establishments
from which refuse shall be caused to be removed not less than twice
a week. Those food handling establishments having a self contained
compactor may, with the written approval of the supervising sanitarian,
Department of Health, have their refuse removed once a week. This
approval will be on a case by case basis.
(Ord. 284 § 2, 1991)
It shall be the responsibility of the holder of the building,
demolition, or grading permit for the construction, demolition, or
grading project involved to see that no sand, gravel, lumber, or other
building, construction, demolition, or grading equipment or materials,
including trash, are stored or stockpiled on City streets or parkways
or on private property unless a permit therefore has been obtained
from the City.
It shall be the responsibility of the holder of the building,
demolition, or grading permit for the construction, demolition, or
grading project involved to provide trash bins on the activity project
site sufficient in capacity to contain all of the trash accumulated
on the job.
(Ord. 545 § 1, 2003)
(a)
Every
person in charge of a single-family residence shall deposit or cause
to be deposited all refuse in standard containers which shall be made
of metal or plastic, watertight and covered with a tight fitting lid,
tapered sides, two handles or bales, and shall not exceed 35 gallons
in size or 50 pounds gross weight when filled. Plastic bags specifically
designed for refuse may be used in place of standard containers. Garbage
shall be separately bagged or wrapped before placing in container.
(b)
No
person shall maintain or place for collection any container not in
conformance with the standard container designated in this Section
and no person authorized to collect refuse shall remove contents of
containers not in conformance with the standard container. Residences
and dwelling units who furnish their own gallon containers shall be
responsible for their maintenance, cleanliness and replacement.
(Ord. 284 § 2, 1991)
Containers of the Contractor to be used by multiple-family residences,
or industrial or commercial establishments shall be provided by the
Contractor. Containers shall have the name and the phone number of
the owner clearly visible on two sides in letters not less than three
inches in height. Containers shall be of a design and side to contain
all the contents therein in such manner as to promote good housekeeping
conditions. The owner of such containers shall maintain them in a
safe and sanitary condition.
(Ord. 284 § 2, 1991)
Every person in charge of a residence shall store containers
in such a manner as not to be viewable by the public from a public
right-of-way in order to maintain the aesthetic and property values
of surrounding property.
(Ord. 284 § 2, 1991)
It is unlawful for any person other than the person in charge
of a residence, commercial, or industrial business, or the City's
Contractor to remove any container from the location where the container
was placed by the person in charge for storage or collection or to
remove any solid waste from the location the solid waste was placed
by the person in charge for storage of collection. It is unlawful
to place refuse in any standard container or commercial bin without
prior written approval of the person in charge of the container. this
Section shall not be construed to authorize any person to haul his
own refuse.
(Ord. 284 § 2, 1991)
No person shall place non-compactable solid waste for collection
or removal purposes without prior approval and arrangements with the
City's Contractor.
(Ord. 284 § 2, 1991)
No person shall remove, transport or convey any solid municipal
waste, garbage, rubbish, refuse, or recyclable materials originating
on or from any residence or commercial or industrial establishment,
including construction/demolition activity, in the City, upon or along
any public street, alley or place within the City, unless he holds
a contract with the City for the collection and disposal thereof and
has a valid or existing permit from the County to haul solid municipal
waste, except that the provisions of this Section shall not apply
to (1) City employees removing refuse from City facilities; (2) any
persons, including construction and landscaping contractors, with
valid City business licenses, removing refuse with their own equipment
and employees; or (3) any person removing bulky items or shrubbery,
grass, tree cuttings, tree trimmings or other agricultural debris
from any property owned or occupied by such person.
(Ord. 284 § 2, 1991)
(a)
Sufficient
Equipment. The Contractor shall provide sufficient collection equipment
to maintain a regular schedule of collection.
(b)
Requirements
for Containment of Refuse. Trucks used for the collection or transportation
of solid waste shall be leak proof and equipped with a close fitting
cover which shall be affixed in a manner that will prevent spilling,
dropping or slowing of any solid waste upon the public right-of-way
during collection or transportation.
(c)
Maintenance
Requirements. All trucks used for collections or transportation of
solid waste shall be maintained in a clean and sanitary condition,
neatly and uniformly painted, and shall carry a shovel, broom and
fire extinguisher.
(d)
Identification
Requirements. The person who owns any trucks used for collection or
transportation of solid waste shall have his name, address, telephone
number and truck number printed on each side of all trucks in letters
not less than four inches (4") high.
(e)
Sanitation
Requirements. All garbage conveying trucks, tanks, containers, and
other receptacles shall be cleaned and disinfected and at all times
shall be kept free from any refuse on the outside thereof.
(f)
Repair
Requirements. The Contractor shall maintain in good repair all containers
furnished to multiple family residences, and commercial and industrial
establishment.
(Ord. 284 § 2, 1991)
The Contractor shall prepare and file with the customers and
the Director of Public Works, not less than 30 days prior to the beginning
or change of any service, schedules setting forth the days on which
industrial, commercial, multifamily and/or residential collection
shall be made.
(Ord. 284 § 2, 1991)
(a)
Residential.
In residential areas, pickup shall be once per week. Pickups shall
not be made between the hours of eight p.m. and seven a.m., unless
otherwise approved by the Director of Public Works. No collection
will be allowed on Sundays or between the hours of eight p.m. and
seven a.m. on weekdays or weekends unless requested and specifically
approved by the Director of Public Works. In the event of a holiday,
pickups shall be completed one day later than the regularly scheduled
collection day. The following are considered holidays: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas
Day.
(Ord. 284 § 2, 1991)
(a)
Collection
Points for Non-Residential. Unless otherwise directed by the Director
of Public Works, all collections of refuse, other than from single-family
residences, shall be made from the curb along the street in front
of each place of business or human habitation, except that where paved
alleys exist in the rear of such properties, collections shall be
made from such paved alleys; provided that this requirement shall
not apply to a blind alley or alley the width of which will not accommodate
the vehicle used for collection.
On the day prescribed for collection and removal of refuse,
containers shall be placed adjacent to the street curb in front of
the premises or in the refuse alley in the rear of or at the side
of the unit not before seven p.m. on the day prior to the day prescribed
for the collection of refuse. No person shall place any container
in any street or alley of the City at any time or place other than
as above provided, or allow any container placed by him in any such
street or alley to remain there or be visible from said street after
twelve p.m. on the day the container has been emptied by the agents,
servants or employees of the City or any Contractor with whom it has
made a contract for such purpose.
(b)
Placement
and Handling of Containers. The Contractor, his agents, and his employees,
shall not throw refuse containers from the truck to the pavement,
or in any other way damage or roughly handle the same. All containers
shall be placed in an upright position.
(c)
Collection
Points for Single Family Residential. No container for single-family
dwellings shall be placed adjacent to a street or public right-of-way
for collection service. The collection point for single-family dwellings
shall be the rear yard of the residence or another collection point
as approved by the Director of Public Works.
(d)
Right
of Entry for Pickup. With regard to single-family residences, the
Contractor shall be allowed, unless specifically forbidden to do so
by the owners or occupants, to enter private courts or places or other
private property to make collections under this Chapter.
(Ord. 284 § 2, 1991)
(a)
Telephone
Numbers and Office Hours. The Contractor shall maintain a local telephone,
listed in the telephone directory in his own name or in the firm name
by which he is most commonly known. During the hours between eight
a.m. and five p.m., Monday through Friday, said office must be staffed
to receive complaints regarding collection. An emergency number shall
be made available to City Hall for the hours between five p.m. and
eight a.m. and for days upon which collections are not made.
(1)
Response Time Requirement. All residential service complaints shall
be attended to within 24 hours and all commercial complaints within
12 hours of receipt by the Contractor.
(2)
Recording Requirements. The Contractor shall supply the City with
copies of all complaints on a form acceptable to the City and indicate
the disposition of each. Such records shall be available for City
inspection during normal business hours: eight a.m. to five p.m.,
Monday through Friday. The form shall indicate the day and hour the
complaint was received and the day and hour it was resolved. The Contractor
shall maintain, at all times, a written log exclusively from the City
in which the Contractor shall record all communications including
complaints from customers in the City. A copy of the log shall be
forwarded to the administrator on a scheduled basis together with
any written copies of complaints received and recorded in that log.
(3)
Maintenance of Emergency Vehicles Required. The Contractor shall
maintain, at all times, an emergency service vehicle to attend to
complaints or emergency calls.
(b)
Tag
for Unremoved Garbage or Trash. If for some reason garbage or trash
is not collected, the Contractor will leave a tag at least two inches
(2") by six inches (6") on the receptacle or bundle explaining
why. The condition referred to on said tag must be corrected within
one week. The Contractor shall be required to maintain daily logs
of all tags issued, stating the location and the reason for refusing
collection.
(Ord. 284 § 2, 1991)
The Contractor shall, in person or by his agent, visit the office
of the Director of Public Works at such times as the Director shall
designate for the purpose of discussing any matters or subjects relating
to, any complaints which may concern the performance of his contract.
The Contractor shall report back to the Director of Public Works within
the next working day regarding any action or procedure taken with
reference to complaints or other matters discussed.
(Ord. 284 § 2, 1991)
(a)
In
the event of a natural disaster, earthquake, storm, fire or other
extraordinary occurrence that may tend to generate abnormal amounts
of refuse, the City may require additional collection upon agreement
between the City Manager and the Contractor.
(b)
In
the event that service is interrupted due to labor disputes or other
events impacting the health, safety and welfare of the citizens of
the City, and scheduled collection and disposal services are discontinued
for more than 72 hours, the City shall have the right to take over
and operate any and all equipment of the Contractor for up to one
hundred twenty days (120) in order to continue service pursuant to
the terms of the contract if it is determined by the City Manager
to be necessary to the health, safety and welfare of the citizens
of the City. If necessary, in the judgment of the City Manager, City
employees may operate said equipment.
(Ord. 284 § 2, 1991)
The Contractor shall at all times keep fully insured, at his
own expense, all persons employed by him, in connection with the contract
as required by Workers' Compensation Insurance and Safety Act
of the State, and shall hold the City free and harmless from all liabilities
that may arise by reason of the injuries to any employee of the Contractor
who is injured while performing any work or labor necessary to carry
out the provisions of the contract. The Contractor, during the life
of the contract, shall keep on file with the City Clerk evidence that
the Contractor is fully and properly insured as required by such act.
(Ord. 284 § 2, 1991)
The Contractor shall deposit with the City a cash deposit or
a performance bond guaranteeing the performance of any contract which
he may have with the City. The cash deposit or bond shall be in the
amount approved by the City Council.
(Ord. 284 § 2, 1991)
The Contractor shall indemnify the City against, and hold the
City harmless from, any claims asserted against the Contractor on
account of the negligence of the Contractor or its employees, by employees
of the Contractor or by third parties, arising out of personal injuries
or property damage suffered by any such person on account of the operations
of the Contractor thereunder. The Contractor shall provide and maintain
in effect, bodily injury liability insurance with limits as set forth
in the contract entered into. The Contractor shall have the City named
as insured under each of the aforementioned policies, and such policies
shall be endorsed to require 30 days' written notice to the
City prior to any cancellation thereof. The Contractor shall furnish
to the City endorsements evidencing that the insurance required thereunder
is in effect.
(Ord. 284 § 2, 1991)
(a)
The
City Council declares that the most flexible and effective way to
provide revenue for the collection and disposal of refuse in the City
is to impose a charge on all residential units and all commercial
and industrial uses in the City.
(b)
The
City Council imposes a charge on all residential units, and all commercial
and industrial uses in the City. The amount of the charge to be imposed
pursuant to this Section shall be set by separate resolutions of the
City Council. The residential charge shall be collected on the tax
roll in the same manner, by the same persons, and at the same time
as, together with and not separate from, the City's general
taxes. The commercial and industrial charge shall be billed and collected
by the franchisee.
(Ord. 284 § 2, 1991; Ord. 344 § 1, 1994)
(a)
Exclusive
Collection Rights of City. The City reserves the authority to contract
the exclusive collection rights of recyclable materials. The materials,
including, but not limited to, newsprint, corrugated cardboard, plastic,
glass or metal, which are placed for collection purposes shall become
the property of the City; and no person other than the employees or
contract agents of the City acting in the scope of their agency or
employment shall remove from any place or premises in the City or
transport over the public street thereof any such recyclable material.
No person shall scavenge.
(b)
Agreement
Between Resident and Nonprofit Organization. Any agreement between
a nonprofit organization and a resident under which the nonprofit
organization is to receive recyclable materials shall not include
the right to collect or transport any recyclable materials by the
nonprofit organization. Any such organization must substantiate its
nonprofit status upon the request of the Director of Public Works.
(c)
Exception.
this Section shall not apply to a person personally removing non-green
waste recyclable materials which have been generated on premises owned
or controlled by such person.
(d)
Disposal
of Green Waste. It shall be the responsibility of every property owner,
either personally or by or through a landscape Contractor, gardener,
or other, to dispose of all green waste generated from such owner's
property by delivering said green waste to a composting facility for
recycling. Disposal of green waste by placement as trash for pick-up,
by delivery to a burning facility, or by delivery to any landfill,
is prohibited.
(Ord. 284 § 2, 1991; Ord. 297 §§ 3-5, 1992)
The City Council may enter into contracts pursuant to California
Public Resources Code Section 49300 for the collection and disposal
of refuse from residences, commercial establishments, and industrial
establishments within the City, and may establish rules for the regulation
thereof as it may from time to time deem best and necessary. The terms
and standards set forth in this Chapter shall be the minimum terms
of any contract approved by the City Council.
(Ord. 284 § 2, 1991)
Any contract for the collection and disposal of refuse entered
into by the City Council shall not be transferable unless prior approval
is received from the City Council.
(Ord. 284 § 2, 1991)
The work to be furnished under the contract by the Contractor
shall include the furnishing of all labor, materials and equipment
necessary for the collection of refuse pursuant to said contract.
(Ord. 284 § 2, 1991)
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this Chapter. Any person
violating any provision of this Chapter or failing to comply with
any of the requirements is deemed guilty of a misdemeanor.
(Ord. 284 § 2, 1991)
