Ordinance 007GARBAGE DISPOSAL ORDINANCE N0. 007
AN ORDINANCE OF THE CITY OF CUP3RTIN0 DEFINING GARBAGE, RUBBISH
AND WASTE MATTER AND PROVIDING :E'OR THE REGULATION, KEEPING,
GATHERING, RECEIVING, DISPOSING AND DESTRUCTION THEREOF:
PROVIDING FOR-THE COLLECTION AN:D DISPOSITION THEREOF BY THE
CITY OF CUPERTINO: FIXING THE FEES TO BE PAID FOR SAID
SERVICE: MAKING IT UNLAWFUL TO ;PILL OR THROW GARBAGE, RUBBISH
OR WASTE MATTER OF ANY KIND UP0[~ THE STREETS, ALLEYS, PUBLIC
PLACES OR FA CANT LOTS OF THE CITY OF CUPERTINO: MAKING A
VIOLATION OF THE PROVISIONS OF 'THIS ORDINANCE A MISDEMEANOR,
AND PROVIDING A PENALTY THEREFOR: AND DECLARING THIS AN
EMERGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1
GARBAGE as the said word is made use of in this Ordinance,
consists of every accumulation of animal, vegetagle and other
matter that attends the preparation, consumption, decay or
dealing in, or storage of, meats, fish, fowls, birds, fruits
or vegetables. The term "garbage" does not include dish water,
waste water, or dead animals.
RUBBISH, as the word is made use of in this Ordinance,
consists of wood, leaves, dead trees, or branches thereof,
chips, shavings, woodenware, dodgers, printed matter, paper,
paste-board, grass, rags, strav;~, boots, shoes hats and all
other combustible matter not ir..cluded in this Ordinance under
the term "garbage".
WASTE MATTER, as the word is made use of in this
Ordinance, consists of natural soil, earth, sand, clay, gravel,
loam, manure, stone, bricks, bx~ick-bats, plaster, Portland
cement, crockery, queensware, glass, glassware, ashes, cinders,
shells, metals and all other noncombustible material.
Section 2
It shall be the duty of every tenant, lessee or occupant
of any private dwelling house ~~nd of the keeper of every hotel,
restaurant, eating house, boarcLing house or other building
where meals are furnished and of the owners of every furnished
flat or apartment house, and of° every other person having
garbage, to provide without ex;~ense to the City of Cupertino,
and at all times to keep within said building or on the lot
on which said building is situ~Lted, suitable and sufficient
watertight cans or receptacles with suitable bales or handles,
and each having a tight fittin€; cover, for receiving and holding
without leakage, or escape of odors, and without being filled
to within four inches of the top, all the garbage which would
ordinarily accumulate on said ~~remises in one week's time. It
shall be unlawful to keep, pla~:e or deposit garbage, rubbish
or waste matter on any private grounds or premises whatsoever,
except in cans or receptacles ~~.s designated in this Ordinance.
Section 3
It shall be unlawful for ~~.ny person in the City of
Cupertino to throw or deposit ;;arbage, rubbish or waste matter,
or to cause the same to be thr~cwn or deposited, upon any street,
alley, gutter, park, or other public place, or to throw or
deposit the same in or upon any vacant lot, or back yard, or
to store or keep the same otherwise than in cans or receptacles
as required by Sections 2 and ~~ of this Ordinance; and it shall
be unlawful to have, store, deposit or keep garbage where rats
will have access thereto, or feed thereon. Each day's violation
of this section shall be treated and considered, and the same
shall be separate and distinct offense.
Section ~-
It shall be the duty of every tenant, lessee and
occupant of every private dwelling house and of the keeper of
every hotel, restaurant, eating house, boarding house, apart-
ment house or other building where rubbish will accumulate,
to provide boxes, barrels or other receptacles to be kept on
said premises sufficient to hold the rubbish which would
ordinarily accumulate on such premises in one week's time, and
all rubbish accumulating on such premises shall be placed in
such boxes, barrels or other receptacles. Said boxes, barrels,
or receptacles shall be so placed as to be readily accessible
to the collectors for the removal of rubbish therefrom. No
one of said boxes, barrels or receptacles shall have a capacity
exceeding one hundred gallons. The Health Officer with the
approval of the Mayor, shall be the exclusive judge of the
sufficiency of such boxes, barrels or receptacles.
Section 5
It shall be unlawful to deposit any garbage or rubbish
within the City Limits or within four hundred yards thereof,
except at the place designated by the Health Officer, and
approved by the Mayor for the purposes of destruction. Waste
Matter, as defined by this Ordinance, if not removed beyond
the City Limits, may be made use of upon receiving written
permission from the Health Officer with the approval of the
Mayor for filling in on low lots within the City Limits.
SPeti nn h
It shall be unlawful for any person, firm or corporation,
other than the collector as may be designated by the City of
Cupertino, under contract therefor, or his agents or employees,
to collect, dispose of, transport, carry or convey through
the streets, alleys, or public thoroughfares, of the City of
Cupertino, any garbage, or other matter offensive to the sight,
or to collect or dispose of the same, except rubbish, waste
paper and waste matter, as the word is used in this Ordinance.
Such licensees of the City of Cupertino shall collect
and remove such garbage, rubbish or offensive matter in carts
or wagons which shall be numbered with the number of each
painted on the outside thereof so as to be plainly seen and
which shall be so loaded that none of such garbage, rubbish
or offensive matter shall fall, drip or spill to the ground.
Each garbage collector shall, when at work, weat a numbered
badge in plain sight upon which shall be the words, "City of
Cupertino Garbage Collector".
Section 7
It shall be unlawful for any person, firm or corporation
to drive, or to cause to be driven upon or along any street,
alley, highway, place, court or other public place within the
kimits of said City, any vehicle loaded with rubbish or waste
matter, as said terms are defined by this Ordinance, unless
such wagon, cart or other vehicle be so loaded that such
rubbish or waste matter will not spill out upon the streets,
alleys, highways and other public places of the City.
Section 8
It shall be unlawful for any person to burn, or cause
to be burned, in or on any bitumen or asphalt street, alley
or highway, or in or on any street alley or highway which has
been macadamized or oiled within the City of Cupertino, any
rubbish. Any person may lawfully burn rubbish except on
streets, alleys or highways of the character herein mentioned,
subject to the provisions of this Ordinance, in an incinerator
of a type approved by the Health Officer, between the hours
established by State law or City of Cupertino ordinance. If
the garbage collector is required to clean the ashes from
any such incinerator he shall be entitled to charge and receive
the sum of fifty cents for each. such cleaning. All such
incinerators shall be wholly cleaned out at least once a month.
Section g.
It shall be unlawful for any person to throw or deposit,
or to cause to be thrown or dex~osited, any rubbish or waste
matter, as said terms are defir..ed by this Ordinance (except
bricks, brick-bats, cement, plaster, stones and gravel, and
these only under a building permit) in cr upon any vacant lot
or in any back yard, or on or Upon any street, alley, gutter,
highway, park or other public x~lace in the City of Cupertino;
or to deposit or place or keep any rubbish or waste matter
er>.cept in the manner prescribed in Section ~ of this Ordinance;
provided, it shall be lawful for the owner or tenant of any
premises to burn leaves, prunir..gs or other waste matter
obtained from the premises from trees, plants or other similar
growth in the City of Cupertino outside the fire limits thereof
without an incinerator in any eonvenienet and safe manner except
on streets, alleys or highways of the character set forth in
Section 8 of this Ordinance.
Section 10.
It shall be the duty of tY:e Garbage Collector of the
City of Cupertino, under the direction of the Health Officer,
to gather, collect and dispose of by dumping, burrying,
distribution, or sale all garbage, rubbish and waste matter
except as hereinafter provided. It shall be the duty of the
Garbage Collector to collect a~.l garbage in said City at least
once each week and at such othE~r times as the necessities of
the particular case require.
Section 11
For the purpose of said collection the Mayor may divide
the City into as many district:> as may be deemed necessary for
the convenient collection of g~~rbage, rubbish and waste matter,
and may fix a day or days on wYiich the same shall be collected
in said districts.
Section 12
Any person from whom garb~~ge, rubbish and waste matter
is collected under the provisions of this Ordinance shall pay
the Garbage Collector the following fees for said services:
Times per Week
One Two Three Six
For 1 - 30 gallon can ~~1.25 2.50 3.75 $7.50
For 2 - 30 gallon cans 2.00 x.00 6.00 12.00
The above amounts for ~regtxlat collections shall be payable
in advance; payment for specia:L clean up fobs shall be made at
the time the services a re performed.
Section 13
It shall be unlawful for ~~.ny person or persons, other
than the duly authorized colle~;tors of the City of Cupertino, as
prescribed in this Ordinance, ~~o collect garbage or rubbish, or
to interfere in any manner with any receptacle containing
garbage or rubbish or the contents thereof, or to remove any
such receptacle from the place where the same are placed by the
owner or leasees thereof, or t~~ remove the contents of such ~~
receptacle.
Provided, that any person, firm or corporation owning
any rubbish or waste matter, as the same is defined in this
Ordinance, may transport the same on the streets and alleys
of the City of Cupertino, only in accordance with the provisions
of this Ordinance.
Section 14
The garbage collector shall execute a surety bond in the
sum of $5,000.00 payable to the City of Cupertino, conditioned
upon his faithful compliance with all of the provisions of
this Ordinance and his contract with the City of Cupertino,
and said bond shall be maintained in full force and effect at
all times.
Section 15
Every person, firm, association, or corp~
any of the provisions of this Ordinance shall
misdemeanor and upon conviction thereof shall
a fine not to exceed THREE HUNDRED and o0~100
or by imprisonment for a period not to exceed
or by both such fine and imprisonment.
Section 16
gyration violating
be guilty of a
be punished by
($ 300.00 ) DOLLARS
three (3 months
If any fee rovided for in this Ordinance is not paid
within sixty (60~ da s from the due date thereof, a penalty
of ONE HUNDRED (100f~ PERCENT shall be added to said fee which
shall be collected in the same manner as herein provided. Any
person by whom the garbage fee is payable, after notice
given by the Collector by bill rendered to such person or
left in a conspicuous place on the premises, refuses or
neglects to pay such garbage fee, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished as
provided by Section 15 hereof.
Section 17
This Ordinance shall take effect immediately upon its
adoption as an urgency ordinance for the reason that it is
immediately necessary for the City to let a contract for the
disposal of garbage therefrom and in order to promote the
public health.
Section 18
Cop of this Ordinance shall be posted in at least
three (3~ public places in the City of Cuuertino within fifteen
(15) days after its passage as provided in Section 36933 of
the Government Code of the State of California.
Introduced at a regular meeting of the City Council of the
City of Cupertino on the 14th day of November, 1955. Passed
and adopted at a regular meeting of the City Council of the
City of Cupertino on the 28th day of November, 1955 by the
following vote:
AYES: Councilmen: Lindenmeyer, Meyerholz, Nathanson, Saich
and Wilson
NOES: Councilmen: (None)
ABSENT: Councilmen (None)
/s/ Ralph E. Lindenmeyer
Mayor
In witness whereof, I have hereunto set my hand and affixed the
Seal of said City, this 28th day of November, 1955•
s Edith H. Anthon er
Ac ng ecre ary an Y
of the City of Cupertino,
California