A. 
No person shall throw, drop, leave, dump, bury, place or otherwise dispose of any refuse, or allow any other person to dispose of refuse, upon his or her premises, except in authorized solid waste disposal sites or as otherwise provided in this chapter and Chapter 9.12. All refuse generated on such person's premises shall be removed at least once a week and delivered to an authorized site; provided, however, construction debris, may be kept on premises during the period of active construction, reconstruction or repair of a building or structure thereon under a valid building permit; and garden rubbish may be composted in a manner approved by the health officer.
B. 
No person shall throw or deposit or cause to be deposited or thrown, any refuse, or abandon any material whatsoever, in or upon public property, public right-of-way, watercourse, or banks of any watercourse, or upon the premises of any other person except at an authorized solid waste disposal site.
C. 
Any person disposing of refuse on the premises of another person under subsection B of this section and the occupant or property owner of the premises under subsection A of this section are jointly and severally liable for the proper removal and disposal of said refuse and/or all clean up costs for removal of same.
D. 
For purposes of subsection B of this section, the presence of at least two pieces of addressed mail or other identifying information in the dumped or abandoned refuse or any other material shall be deemed to create a rebuttable presumption that the person so identified is responsible for the dumped material in violation of this section, and is subject to the penalties and remedies provided for in this chapter.
E. 
Any person disposing of refuse on public property, public right-of-way, watercourse, or banks of any watercourse under subsection B of this section is solely liable for proper removal or disposal of said refuse and/or all cleanup costs for removal of same.
(Ord. 722, 1974; Ord. 1377, 1991; Ord. 1589 § 2, 1997; Ord. 1999 § 1, 2021)
A. 
The owner of an occupied dwelling house or other place of human habitation, including business establishments, which results in the production or accumulation of refuse, shall have refuse removed from the premises at least once each week and disposed of at an authorized solid waste disposal site, except as otherwise provided in this chapter. The owner of premises upon which a hotel, restaurant, boardinghouse or other garbage-producing business is operated shall have all such garbage removed from the premises at least once each week and disposed of at an authorized solid waste disposal site.
B. 
The director or health officer may require a greater or lesser number of collections per week if deemed necessary for the health, safety and welfare of the citizens.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A person may remove and dispose of refuse created, produced or accumulated on premises owned or occupied by such person; however, no person shall be deemed by the provisions of this section to be relieved of the mandatory requirements of Section 9.08.020.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
No person shall fail or neglect to provide a sufficient number of containers for receiving and holding, without leakage or escape of odors, all refuse produced, created or accumulated upon any premises, and all such refuse shall be stored in such containers until properly disposed of. Containers shall be at all times kept in good, useful and sanitary condition in accordance with the standards established by the health officer. Containers for garbage shall be kept continuously closed, except when garbage is being placed therein or removed therefrom, and shall at all times be closed against the access of flies, rodents, and other animals. Garbage and rubbish may be deposited in approved standard containers, automated carts, bins, or compaction containers; however, only rubbish may be deposited in approved drop boxes for collection. Standard containers shall not exceed 33 gallons in volume and shall not exceed 60 pounds in weight when filled for removal. Automated carts shall apply only to those which are supplied by a franchise holder. Bins shall be of a size approved by the department as being adequate for the particular use or occupancy of the premises using the bins. Except for drop boxes, all containers shall be kept closed or covered at all times, be sanitary, be in good condition, be identified as to ownership, be emptied on a regular schedule as required by the department, and the materials placed therein shall not exceed the weight authorized by the department.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
Containers for Refuse.
1. 
All premises shall have sufficient containers to hold all refuse created, produced or accumulated on the premises between required removal and disposal.
2. 
Commercial customers may arrange for the use of bins or compaction containers instead of standard containers or automated carts for garbage and may arrange for drop boxes for rubbish. These arrangements shall be made with an authorized refuse collector on the basis of charges established by the terms of the franchise or by arrangements with an authorized permit holder.
3. 
Nothing in this section shall be construed to prohibit the use of bins or drop boxes by two or more customers upon the approval of the department.
B. 
Containers for Garden Rubbish. Where automated carts are not used, garden rubbish may be collected in standard containers, bins or in disposable containers. Disposable containers must be secured to prevent spillage or littering and must be of sufficient strength so as not to come apart when lifted, whether dry or wet. Disposable containers shall not exceed three feet in length, two feet in diameter, or 40 pounds in weight. Garden refuse which is not containerized, shall be secured in bundles which will remain intact without separation while being removed by one man. Bundles may not exceed four feet in length, two feet in diameter, or 40 pounds in weight. The maximum diameter of any limb shall not exceed four inches. All disposable containers shall be disposed of with the contents.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
Containers for collection shall be set out no earlier than the evening prior to the scheduled collection day nor later than five-thirty a.m. of the collection day. Empty containers shall be removed to a location screened from the public street no later than seven p.m. on the collection day. Subject to the prohibitions of Section 9.08.050, all refuse shall be placed for collection in proper containers, located off roadway, on or adjacent to the owner's premises, in the following manner:
A. 
Where alleys exist, standard containers shall be located upon the customer's premises, immediately adjacent to and accessible from the alley without the necessity of entering the premises.
B. 
Where alleys do not exist, standard containers and automated carts shall be placed upon the customer's premises, at a location immediately adjacent to a state or county maintained roadway, accessible to the collector without the necessity of entering a fenced yard, unless pack out service is specifically requested. Automated carts shall be located in the front of the customer's premises, either along the curbside or shoulder area, immediately adjacent to a state or county maintained road as appropriate.
C. 
Bins shall be placed in an area where the franchisee can easily drive to, and empty, without creating safety hazards to the driver or customer, as agreed upon between the customer and the franchisee. In case of a dispute, the location shall be determined by the department.
D. 
Drop boxes shall be placed in an area where the permittee can easily drive to, and remove, without creating safety hazards to the driver or the customer, as agreed upon by the customer and the permittee. In the case of a dispute, the location shall be determined by the department.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
No person shall deposit in any container used for refuse any dead animal, or any explosive, highly flammable, radioactive, toxic or materials where highly infectious or contagious disease has been present, or other hazardous material or substance without having first made special arrangements for the disposal thereof with the director or health officer.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
No collections shall be made in residential districts, as shown on the zoning map of the county, or at schools, churches, hospitals, offices or commercial establishments in or adjacent to said residential districts, except between the hours of six a.m. and six p.m.
B. 
No collections shall be made from premises in commercial areas other than described in subsection A of this section except between the hours of six p.m. and twelve noon of the following day. The department shall determine the commercial areas subject to this provision.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
No person other than the owner, an employee of the county or an employee of the refuse collector shall tamper with or interfere in any manner with any refuse container or the contents thereof.
B. 
No person shall hinder, obstruct, or interfere with the removal or transportation of refuse by a refuse collector.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
The director or health officer may inspect or cause to be inspected at regular intervals, refuse containers and shall be the sole judge of the condition of such containers as to their fitness for use.
B. 
A refuse collector shall notify the customer and director whenever such collector has refused to pick up a container because such container is dilapidated, disintegrated, overloaded, contains unauthorized material or the container has been tipped over and the contents scattered. A refuse collector shall notify the director of any possible violation of Sections 9.08.010 and 9.08.020.
C. 
Whenever a refuse collector gives or intends to give a report to the director, he shall place a tag on the container or otherwise give the owner notice of the substance of his report to the director. Whenever the director or the health officer or their agents or employees observe a violation of this chapter, he shall place a tag on the refuse container or otherwise give the owner notice of the illegal condition. The tag or other notice shall have a copy of the penalties set forth in this chapter printed upon it, and shall inform the owner of the action necessary to correct the illegal condition. The owner shall, within three days, correct the illegal condition.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
Notwithstanding the provisions of Section 9.08.010, garbage may be used for animal feed, soil improvement, recycling, or other beneficial purpose; provided such use complies with this chapter and all other laws. No materials shall be classified as refuse if such materials are stored on the premises in a manner which does not create a health or safety hazard and such materials are for use or for ultimate disposal for recycling or other beneficial purposes.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
Refuse hauled by any person over any road in the county shall be securely tied or covered during the hauling thereof. No person shall allow refuse to leak, spill, blow off or drop from any vehicle on any road.
B. 
All collections by refuse collectors shall be made with vehicles of a design approved by the director.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
All refuse, upon being legally deposited in an authorized site, shall forthwith become the property of the owner of such site.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
A. 
It is unlawful to burn garbage or refuse containing garbage or to burn any other materials of a type that create an offensive odor at any time, except in an incinerator approved by the San Joaquin Valley Unified Air Pollution Control District.
B. 
The burning of refuse, other than garbage and other offensive odor producing materials, may be done only upon compliance with the appropriate requirements of the state Division of Forestry, any local fire district, and any air pollution control district.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
Automobile and truck bodies, abandoned motor vehicles and other large and bulky metal objects such as farm machinery and equipment, shall be deposited in specially designated disposal areas only, or shall be disposed of through commercial scrap metal dealers.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
No insecticide, fungicide, rodenticide, pesticide, herbicide, chemical, radioactive material, industrial waste, hazardous substance, sewage effluent, or pollutant nor any open or empty uncleaned container thereof, shall be deposited or dumped in disposal sites contrary to the National Environmental Act of 1970, or any other applicable federal or state law, statute, or regulation relative to public health and safety, fish and wildlife protection, air pollution, water quality control or environmental control.
(Ord. 722, 1974; Ord. 1589 § 2, 1997)
The department of public health, the department of public works, and the code compliance division of the community and economic development department are authorized to enforce this chapter, and may perform all acts necessary or proper to accomplish the purposes of this chapter and are authorized to adopt and enforce such guidelines as necessary to enforce the provisions of this chapter.
(Ord. 1377, 1991; Ord. 1589 § 2, 1997; Ord. 1999 § 2, 2021)
Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and is subject to the penalties set forth in this chapter and Chapter 1.28 of this Code.
(Ord. 1377, 1991; Ord. 1589 § 2, 1997; Ord. 1796 § 1, 2006; Ord. 1999 § 3, 2021)
A. 
In addition to any other remedies provided by this Code or state law, a violation of this chapter is subject to the immediate imposition of an administrative penalty because such violation poses an immediate danger to health and safety. Such penalty shall be imposed in accordance with the procedures in Chapter 9.70 of this Code.
B. 
The administrative penalty imposed for violations of this chapter shall be set in the amounts listed for violations of Penal Code Section 374.3, and shall be assessed as follows:
1. 
One thousand dollars for the first violation;
2. 
One thousand, five hundred dollars ($1,500.00) for the second violation of the same section within one year of the first violation;
3. 
Three thousand dollars for each additional violation of the same section within one year of the first citation.
C. 
All administrative penalties received by the county pursuant to this chapter shall be used exclusively for the administration and enforcement of this chapter.
(Ord. 1999 § 4, 2021)