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Ordinance 420ORDINANCC NO. 420E i AN 0RDINANCE OF THL CITY OF CUPERTINO REGULATING Th, ACCUMULATION, COLLECTION AND REMOVAL OF GARBAGE, RUBBISH AND WASTE MATTER 'IN AND FROM THE CITY OF CUPERTINO, AND ESTABLISHING RULES AND REGULATIONS PERTAINING THERETO THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: Resealing Clause Section 1.1: Ordinances No. 007 and 007 (a) are repealed as of the effective date of this Ordinance. SECTION 2: Ratification of Existing Contract Section 2.1: The CONTRACT FOR THE COLLECTION AND TRANSPORTATION OF REFUSE PRODUCED, KEPT AND/OR ACCUMULATED IN CITY OF CUPERTINO made and entered into the 15th day of November, 1965, by and between The City of Cupertino and Emil Casella and Steve Musante doing business as Cupertino Garbage Company and signed by the aforementioned persons as Cupertino Garbage Company, Los Altos Garbage Company is herewith ratified and shall be continued with full force and effect during the term of said contract. Section 2.2: Except as hereinafter provided, nothing contained herein shall be construed as negating any covenants, promises, undertakings and obliga- tions made and assumed by the parties, each to the other, and granted therein of said contract. Section 2.3: Reference within said contract to the incorporation there- in of the provisions of Ordinance 007, as amended by Ordinance 007 (a), shall be deemed as referring to this Ordinance, including but not limited to definitions and collection rates. Section 2.4: Any amendments, modifications, additions to or deletions from said contract or the entering into of any new contract with the same or dif- ferent parties at the expiration or termination of said contract shall be made pursuant to the provisions of this Ordinance. SECTION 3: Definitions Section 3.1: Person: Person includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. Section 3.2: Refuse: Refuse means all putrescible and non-putrescible solid or liquid wastes, except sewage, whether combustible or non-combustible and includes garbage and waste. Section 3.3: Garbage: Garbage means the putrescible animal, fish, food, fowl, fruit or vegetable matter, or any thereof., resulting from the prepara- tion, storage, handling or consumption of such substances. Section 3.4: Waste: Waste means the useless, unused, unwanted, or dis- carded material and debris resulting from normal community or business activities, or materials which by their presence may injuriously affect the health, safety, and comfort of persons and depreciate property values in the vicinity thereof. -1- i Section 3.5: Collection Station: Collection station shall mean the location at which containers of garbage, waste or retuse are placed for collection by the disposal service operator. Section 3.6: Standard Container: Standard container shall mean a metal- lic can with close fitting cover with handle and side bails, and which has a maxi- mum -of thirty-two (32) gallons or less in gross capacity. Section 3.7: Disposal Area: Disposal area shall mean the premises or site where the disposal of refuse, garbage and waste not produced on such premises or site is permitted or occurs. Section 3.8: Disposal Service Operator: Disposal service operator means any person hauling refuse, garbage or waste within the City of Cupertino pursuant to a franchise contract, or license with the City licensing and authorizing said person to collect and transport refuse, garbage or waste produced, kept and/or accumulated in the City. Disposal service operator shall not include or mean an individual hauling refuse, garbage or waste from his own home for purposes of dis- posing of same at an established disposal area; provided, however, such refuse, garbage or waste is not produced, created, or accumulated in the course of any business operations. Section 3.9: Place or Premises: Place or premises means every dwelling house; dwelling unit; apartment house or multiple -dwelling, building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing or assembling shop or plant; warehouse; and every other place or premises where any person resides, or any business is carried on or conducted within the City of Cupertino. Section 3.10: City: City shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the effective term of this Ordinance. Section 3.11: City Manager: City Manager shall mean the duly appointed City Manager of the City of Cupertino. SECTION 4: Refuse, Garbage and Waste Containers Section 4.1: It shall be unlawful for any person occupying any premises within the City, or any person owning, controlling or maintaining any premises within the City where refuse, garbage and/or waste is created, produced, or accumu- lated upon such premises, to fail or neglect to procure a sufficient number of standard containers for receiving and holding, without leakage or escape of odors, all refuse, garbage and waste which is produced, created, or accumulated upon such premises, except as hereinafter provided, which would ordinarily accumulate on said premises in one week's time. . Section 4.2: Standard containers shall not exceed seventy pounds (70) pounds in weight when filled for removal, except when a special container or con- tainers are furnished by the disposal service operator pursuant to regulations pre- scribed by the City Manager. Section 4.3: The use of drums, boxes, barrels, bags, or other inappropri- ate containers for the receiving and holding of waste which is produced, created, -2- I I I I CS rr, or accumulated upon any premises within the City shall be subject to regulations prescribed by the City Manager, including appropriate additional charges to be paid the disposal service operator for the collecting and transporting of said 'inappropriate containers or waste contained therein; provided, however, that said inappropriate containers shall not be used for the receiving and holding of refuse or garbage. SECTION 5: Prohibition on Deposit of Refuse, Garbage or Waste Section 5.1: It shall be unlawful for any person in the City to throw or deposit refuse, garbage or waste, or to cause the same to be thrown 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 then in containers as required by Section 4 of this Ordinance. Section 5.2: Each day's violation of this section shall be a separate and distinct offense. SECTION 6: Prohibition on Burning. of Refuse, Garbage or Waste Section 6.1: It shall be unlawful for any person to burn, or cause to be burned, any refuse or garbage within the City or to burn, or cause to be burned, any waste upon public streets, ways, or alleys. Dry waste may be burned by owners or producers thereof on privately owned property only when the hours and conditions of such burning have been approved in advance by the Fire Marshal. Section 6.2: Each days violation of this section shall be treated and considered, and the same shall be a separate and distinct offense. SECTION 7: Explosive or Hazardous Material No person shall deposit in any refuse, garbage or waste container any explosive, highly inflammable or otherwise hazardous material or substance, without having first made special arrangements therefore with the disposal service operator. SECTION 8: Issuance of Franchises, Contracts or Licenses Section 8.1: The City Council may provide for the collection and dis- posal of refuse, garbage or waste within the City by the issuance or execution of an exclusive franchise, contract, or license, or exclusive franchises, contracts or licenses, to disposal service operators. The terms and conditions under which the disposal service operators are -required to collect and dispose of refuse, gar- bage and waste shall be specified in the applicable franchise, contract, or license, and the rates for such collection and disposal operations shall be established by a resolution of the City Council; provided, however, the rates for such collection and disposal operations specified in the contract refereed to in Section 2.1 of this Ordinance are hereby and shall be in effect during the term of said contract unless otherwise amended pursuant to the conditions of said contract. Section 8.2: It shall be unlawful for any person other than the dis- posal service operator to remove, transport, or dispose of any refuse, garbage or waste within the City, except that an individual may haul refuse, garbage, or waste from his own home for purposes of disposing of same at an established dis- posal area. =912 Section 8.3: All refuse, garbage, or waste, upon being removed by the '�• disposal service operator from the premises where produced and accumulated, shall o become and be the property of the disposal service operator. Section 8.4: It shall be unlawful for any person to interfere in any manner with the lawful operations of a disposal service operator duly authorized and licensed by the City, or to interfere in any manner with any receptacle con- taining refuse, garbage or waste, or the contents therein, or to remove any re- ceptacle from the place where the same are placed by the owner or lessees thereof, or to remove the contents of such receptacle. SECTION 9: Vehicles, Conveyances, Containers All vehicles, conveyances or containers used for hauling refuse; gar- bage or waste within or through the City shall be of such construction as to comply fully with all laws, rules and regulations of the State of California pertaining thereto, and shall be of a type and construction to prevent leakage, spillage or overflow. SECTION 10: Collection Stations Section 10.1: Refuse, garbage, or waste placed or accumulated in authorized or approved containers for collection shall be collected by the disposal service operator when said containers are placed outside of the premises; provided, however, said collection may be made at such other location as may be approved by the City Manager. Section 10.2: Standard containers for refuse, garbage or waste, or containers for waste as approved by the City Manager shall be placed at the authorized collection station not more than twenty-four (24) hours preceding the scheduled collection time, by the occupant or person in control of such premises, for collection by the disposal service operator. Such containers shall be removed from said collection station within twenty-four (24) hours after collection. Containers provided by the disposal service operator shall not be moved or removed by any person other than the disposal service operator. SECTION 11: Service Rates Section 11.1: The City Council of the City of Cupertino finds that the periodic collection and disposal of refuse, garbage and waste from all places and premises in the City benefits all occupants and persons owning, maintaining, or in control of places and premises in the City, and therefore all such occu- pants, owners, or persons in control, are made liable for the refuse, garbage and waste collection rates established pursuant to this Ordinance for the collec- tion -and disposal of refuse, garbage and waste. Section 11.2: Service rates shall be established, billed and collected pursuant to Section 8.1 of this Ordinance. SECTION 12: Administration, Adoption of Rules and Regulations The City Manager shall adopt such rules and regulations as may be necessary for the proper administration and enforcement of this Ordinance, and any franchise, contract or license issued or executed thereunder, including -4- f regulations relati-.g t(. ie required frequency of c,_Lle� on from various types of places and premises, and the types of special containers required for certain classes of places and premises. The City Manager shall resolve all disputes concerning the administration or enforcement of this Ordinance and any franchise, contract, or license issued or executed thereunder. Any affected person who is dissatisfied with the deter- mination of the City Manager may, within ten (10) days after such decision appeal the same to the City Council. Such appeal must be in writing, filed with the City Clerk, and must set forth the reasons for such appeal. No violation of this Ordinance shall be permitted, or be continued, during the time any such appeal is pending. SECTION 13: Penalty for Violations The violation of any provision of this Ordinance shall be deemed a mis- demeanor, and shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment for a term not exceeding six (6) months, or by -both such fine and imprisonment. Each day during which such vio- lation continues shall be a separate and distinct offense, and each such separate offense shall be deemed a misdemeanor punishable as aforesaid. SECTION 14: Severabili If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION 1.5: Effective Date This Ordinance shall become effective 30 days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino on the l 6 th day of December , 1968. PASSED and ENACTED at a regular meeting of the City Council of the City of Cupertino on the 6th day nfJanuar, 1969 by the following vote: AYES: Councilmen - Beaven, Dempster, Fitzgerald, Stokes, Noel NOES: Councilmen - None ABSENT: Councilmen - None ATTEST: he-A�14e _ City Clerk -5- .MORI Mayor, City of Cupertino