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.
(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.
(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)
The county shall provide disposal sites for the disposal of
refuse generated within Merced County.
(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:
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)
