127 ORDINANCE NO. 127
4W
AN ORDINANCE OF THE CITY OF GRAND
TERRACE ESTABLISHING A MUNICIPAL
SERVICE FOR THE COLLECTION AND
DISPOSAL OF REFUSE CREATED,
ACCUMULATED OR PRODUCED WITHIN THE
CITY OF GRAND TERRACE
THE CITY COUNCH. OF THE CITY OF GRAND TERRACE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Refuse and Garbage Collection by City or Its Agents. All
residential and commercial refuse collection service from all places and premises located
within the City of Grand Terrace shall be by the City or by any of its duly licensed,
permitted or franchised agents, and all occupants or persons in possession, charge or
control of such places and premises within the City of Grand Terrace who provide and pay
for the collection of refuse shall use the City's collection service or the service provided by
any of its duly licensed, permitted or franchised agents. It shall be unlawful for any person
other than the authorized agent or employees of the City to collect, remove or dispose of
refuse within the City of Grand Terrace; provided, however, that nothing contained herein
shall prevent any such person from removing their own refuse or from using garbage
4W disposal devices as permitted by the City of Grand Terrace when an extraordinary or
unusual accumulation of refuse exists.
Section 2. Power of City Council to Contract for Disposal. The City Council
may let contracts for the collection and disposal of refuse herein, and may as a condition
for granting such contract require a bond from the contractor in an amount determined
by the City Council for the faithful performance of such agreement. In the event the
Contractor shall fail to conform to the conditions of such agreement as provided for herein,
the City Council, at its option, after Public Hearing, of which the Contractor shall have
thirty (30) days notice in writing, may terminate such agreement and let the contract to
another person considered by the City Council to be more capable of carrying out the terms
of such agreement. In letting contracts for refuse disposal, the City Council shall not be
required to let the same to the lowest bidder, but shall let such contract to the person most
suited to comply with the terms, conditions and intent of this chapter.
All refuse accumulated within the City shall be collected, conveyed and
disposed of by the City or its agent. No other person shall collect, convey over any of the
streets or alleys of the City, or dispose of any refuse accumulated within the City.
Collectors of such refuse from outside the City shall not be prohibited from hauling such
refuse over City streets, provided such collectors comply with provisions of this chapter and
other applicable rules and regulations.
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Section 3. Refuse. Refuse shall mean and include all garbage or vegetable
household waste. All combustible or waste which ordinarily is created or accumulated in
the operation and maintenance of a household, business or industry, including leaves,
cuttings, trimmings from trees, shrubs, and grass. Refuse does not include heavy or bulky
articles such as trees, tree limbs, logs, automobile bodies, large motor vehicle parts,
building or construction materials, abandoned appliances, earth and waste from building
operations, or animal feces.
Section 4. Fees for Collection of Refuse. Fees for the collection of residential
and commercial refuse shall be those as established by resolution of the City Council by
franchise agreement.
Section 5. Definitions Residential. Residential shall mean any single-family
dwelling which shall include family units of four (4) attached units or less.
Section 6. Definitions Commercial. Commercial shall mean anything other
than residential as defined in Section No. 5 of this Ordinance.
4W Section 7. Nuisance. The keeping of refuse in containers other than the
containers prescribed herein or the keeping upon premises of refuse which is allowed to
become offensive and annoying, shall constitute a public nuisance and may be abated in the
manner provided by law for the abatement of nuisances.
Section 8. Refuse Containers Required. It shall be the duty of every owner,
lessee, manager and/or person in possession charge or control of a building on any premises
located within the City to provide or cause to be provided and at all times to keep or cause
to be kept sufficient and convenient portable refuse containers upon such premises.
Section 9. Tvne and Size of Containers. Each refuse container shall be of
sound construction and shall be water-tight and shall have no ragged or sharp edges or any
other defect liable to hamper or injure the person collecting the contents thereof.
Containers shall be made of metal, plastic or otherwise impervious materials, equipped with
suitable handles. Containers shall not weigh more than sixty (60) pounds when filled with
refuse and shall have a capacity of not more than thirty-six (36) gallons.
Section 10. Covering Containers. All containers shall have a tight fitting
cover. The covers shall not be removed from refuse containers except when necessary to
place refuse therein or to remove refuse therefrom.
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Section 11. Loose Materials. All loose materials not placed in a refuse
container must be securely tied in bundles or bags and shall not weigh more than thirty (30)
pounds each, and shall not measure more than eighteen (18) inches in diameter or four (4)
feet in length.
Section 12. Location of Container. Each refuse container shall be kept in
or placed in such a manner as not to be visible from the public street and so as to be easily
accessible to the refuse collector provided that during or for the time fixed for the collection
of refuse from said containers they shall be kept or placed as follows:
(a) Near Alley. Where there is an alley other than
a blind alley in the rear of such premises, the
refuse container shall be placed on the premises,
within three (3) feet of the rear property line.
(b) On Curb. Where there is no alley other than a
blind alley in the rear of the premises, each
refuse container shall be placed immediately
behind the curb on a public street, in front of the
premises. Where no curb exists, containers shall
be placed in a position as though a curb did
exist.
Section 13. Refuse Container in Public WU. No person shall place a refuse
container in any street, alley, sidewalk, court or other public way in the City at any time
other than the regular time for the collection of refuse. Every person who so placed a
container for the purpose of refuse collection shall place the container no earlier than two
(2) hours before sundown prior to the date of collection, and shall remove same no later
than 7:00 p.m. on the day of collection or two (2) hours after the container is empty, which
ever is later.
Section 14. Dumping of Refuse. No person shall deposit or cause or permit
to be deposited any refuse upon or in any public street, alley or other public place, or upon
any premises in this City except in refuse containers as provided for in this chapter.
Section 15. Unusual Accumulations Collection in Certain Places. For
collection of unusual accumulations of refuse, or collection of refuse from location not
otherwise provided for in this chapter, reasonable collection charges may be charged as
shall be agreed upon by the garbage contractor and the customer.
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Section 16. Interference with Refuse Container. It shall be unlawful for any
person, other than the owner of the refuse container or any officer, agent, or employee of
said owner or the City or its agents to interfere in any manner with any container or to
remove any container from the location where it shall have been placed by the owner
thereof.
Section 17. Improper Substances in Container. No person shall place or
permit to be placed in any refuse container and substance or material other than refuse as
defined in this chapter.
Section 18. Vehicle for Collection. All vehicles used in collecting and
transporting refuse shall be provided with metal bodies and shall be constructed as to be
water-tight and to prevent the loss of any contents being collected or transported therein
upon the streets, alleys and other public ways within the City.
Section 19. Collection - Non-single Family. Multi-family residential,
commercial and industrial units shall have their refuse collected in the same manner and
for such rates as the City Council may adopt for various levels of service. The frequency
of collection shall be negotiated individually but shall be collected at least once a week.
r Section 20. Exemption - Application. Parcels over 20,000 sq. ft. in size are
exempt from this chapter and where practical difficulties or results inconsistent with the
general purposes of this chapter would result from its strict literal enforcement, the City
Council may grant an exemption from certain or all of its provisions, upon such terms and
conditions as it deems necessary. A written application for exemption shall be filed with
the City Clerk setting forth provisions the applicant seeks to be exempt from and settling
forth with specificity the reasons why such an exemption should be granted.
Section 21. PENALTIES. IF ANY PERSON SHALL VIOLATE ANY OF
THE PROVISIONS OF THE CHAPTER, HE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHABLE
BY A FINE OF NOT MORE THAN FIVE HUNDRED ($500) DOLLARS OR BY
IMPRISONMENT FOR A PERIOD OF NOT MORE THAN SIX (6) MONTHS OR BY
BOTH SUCH FINE AND IMPRISONMENT. SUCH PERSON SHALL BE DEEMED
GUILTY OF A SEPARATE OFFENSE FOR EVERY DAY DURING SUCH PORTION
WHICH ANY VIOLATION OF THIS CHAPTER IS COMMITTED, CONTINUED OR
PERMITTED BY SUCH PERSON AND SHALL BE PUNISHABLE AS PROVIDED FOR
BY THIS CHAPTER.
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4W PAGE 5
Section 23. Effective date. This Ordinance shall be in full force and effect
at 12:01 a.m. on the 31st day after its adoption.
Section 22. Validity. If any section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be invalid, such holding or holdings shall not affect
the validity of the remaining portions of the chapter. The City Council hereby declares
that it would of passed this chapter and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases be declared invalid.
Section 24. Po in . The City Clerk shall cause this Ordinance to be posted
in three (3) public places designated for such purpose by the City Council.
First read at a regular meeting of the City Council of said City held on the
6th day of September, 1990, and finally adopted and ordered posted at a regular meeting
of said City Council on the 27th day of September, 1990.
MA$OR of the City of Grand Terrace
and of the City Council thereof.
ATTEST:
C CLERK
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ORDINANCE NO. 127
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I, JUANITA BROWN, City Clerk of the City of Grand Terrace, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 27th day of September, 1990,
by the following vote:
AYES: Councilmembers Pfennighausen, Carlstrom, Singley
Mayor Pro Tem Grant
NOES: Mayor Matteson
ABSENT.• None
ABSTAIN: None
l G�/Jfi
CI CLERK
Approved as to form:
CITY ATTO NE
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