Ordinance 007GARBAGE DISPOSAL ORDINANCE NO. 007
AN ORDINANCE OF THE CITY OF CUPERTINO DEFINING GARBAGE, RUBBISH
- AND -TASTE -_MATTER AND PROVIDING FOR THE REGULATION, KEEPING,
GATHERING, RECEIVING, DISPOSING AND DESTRUCTION THEREOF:
PROVIDING FOR THE COLLECTION AND DISPOSITION THEREOF BY THE
CITY OF CUPERTINO: FIXING THE FEES TO BE PAID FOR SAID
SERVICE: MAKING IT UNLAWFUL TO SPILL OR THROW GARBAGE, RUBBISH
OR WASTE MATTER OF ANY KIND UPON THE STREETS, ALLEYS, PUBLIC
PLACES OR, VACANT 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, vegetable 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
does not include dish water,
vasto water, or dead animas.
RUBBISH, as the word is made use ofin this Ordinance,
consists of wood, leaves, dead trees, or branches thereof,
chips, shavings, woodenware, dodgers, printed matter., paper,
paste -board, grass, rags, straw, boots, shoes hats.and all
other combustible matter not included 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, brick -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 and of the keeper of every hotel,
restaurant, eating house, boarding.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 expense to the City of Cupertino,
and at all times to keep within said building or on the lot
on which said building is situated, suitable and sufficient
watertight cans or receptacles with suitable bales or handles,
and each having a tight fitting 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 premises in one week's time. It
shall be unlawful to keep, place or deposit garbage, rubbish
or waste matter on any.private grounds or premises whatsoever,
except in.cans or receptacles as designated in this Ordinance.
Section 3
rson in trio City of
1:t shall be unlawful for any pe
Cupertino to throw or deposit garbage, rubbish or waste matter,
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 otherwis6 than in cans or.receptacles
as required by Sections 2 and 4 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 4
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.shali be so placed as,to readilythereaccessible
to the collecccrs for the removal ofrubbish
rom. No
ore of sa.id.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.
Section 6
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 licenses of -the City of Cupertino shall collect
and remove such garbage, rubbish or offensive matter.in carts
-2 -
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, wear 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
limits of said City, any vehicle loaded with rubbish or waste
mat.ter, 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 o#' 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 9
It shall be unlawful for any person to throw or deposit,
or to cause to be thrown or deposited, any rubbish or waste
matter, as said terms.are defined by this Ordinance (except
bricks,,brick-bats, cement, plaster, stones, and,gravel, and
these only under a building permit) in or.upon any vacant lot
or in any back yard, or on or.upon any street, alley, gutter,
highway, park or other public. place in the City of Cupertino;
or to deposit or place or keep any rubbish or waste matter
except in the manner prescribed in Section 4 of this Ordinance;
provided, it shail.be lawful for the owner or tenant of any
premises to burn leaves, prunings 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 convenient and safe manner except
on streets, alleys or highways of the character set forth in
Section 8.of this Ordinance.
N*n'
Section 10
It shall be the duty of the Garbage Collector of the
City of Cupertino, under the direction of the Health Officer,
to gather, collect and dispose of by dumping, burrin,
distribution, or sale all garbage, rubbish and waste matter
except as hereinafter provided. It shall be the duty of the
Garbage Collector to collect all garbage in said City at least
once each week and at such other times as the necessities of
the particular case require.
Section it
For the purpose of said collection the Mayor may divide
the City into as many districts as may be deemed necessary for
the convenient collection of -garbage, rubbish and waste matter,
and may fix a day or days on which the same shall be collected
in said districts.
Section 12
Any person from whom garbage, rubbish and waste matter
is coll�ct'ed under the provisions of this Ordinance, shall pay
the.Garbage Collector the Following fees for said services:
Times per Week
One Two Three Six
c r� -; ( . 0
For 1 - 30 gallon can $1 .2.) $2. 50 , -75
For 2 - 30 gallon cans 2.00 4.00 6.00 12.00
The above amounts for regular collections shall be payable
in advance; payment for special clean up jobs .shall be made at
the time the services are performed.
Section 13
It shall be unlawful for any person or persons, other
than the duly authorized collectors of the City of Cupertino, as
prescribed in this Ordinance, to 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 to remove the contents of such
receptacle.
Provided, that any person, f-irm 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.
-4-
Section 14
The garbage collector shall execute a surety bona in t1,5
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 corporation violating
any of provisions of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be pu n ished.by
a fine not to exceed THREE HUNDRED AND 00/10C ($300.00) DOLLARS
or by imprisonment for a period not to exceed three (3) months
or by both such fine and imprisonment.
Section 16
If any fee provided for in this Ordinance is not paid
within sixty (60) days from the due date thereof, a penalty
of ONE HUNDRED (100%) 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, who, 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 POSTING CLAUSE
Copy of this Ordinance shall be posted in at least
three (3) public places in the City of Cupertino 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 loth 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)
�sf , 1ph 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. Anthony
Acting Secretary and City Clerk
of the City of Cupertino,
California
ORDINANCE NO. 007 (a)
AN ORDINANCE OF THE C-17.f OF CIDI ERT"i..NO ANLF�NDTNG ORDINANCE NO. 007
FIXING REVISED FEES FO_,. SERVICE 1.A1 D L C C r.R:i:T;C7 THE URGENCY THEREOF
THE CITY COUNCIL OF T�'E C1:ri.'_ OF C i "' �r:'i'IT! I;t1;�,", O;KDAIN AS
FOLLOWS:
Section 1: Revised Co17.ec ` .cn Rates
Section 1:1: Section 12 of Ordinance 'No. 007 is hereby re-
pealed and in its place is enacted the folio-v,ing.
C arb::= e Rates
(a) for the purpose of collecting all garbage, swill,refuse
and waste matter produced in and about the household, each household
having separate containers, shall pay a fee of One and 40/1100
($1.40) Dol;ars per :month for one collection per week for two
containers* of the kind and type as hereafter•.provided and the
said fee shall be paid whether the householder has or has not any
garbage, swill., refuse and waste matter to be collected. The
householder shall parr such additional fees for the collection of
garbage, swil'_, refuse and waste matter in excess of two (2) 30.
gallon contair."�rs in accordance with a schedule hereinafter pre-
scribed and for each. day of collection over one, the fee to be
fifty percent (50 0) additional.
(b) For ap,� rtment houses using a common garbage, swill, re-
fuse, and waste ;natter container, or having, all containers in
location, the ra-�es payable in one fee shall be on a rate fixed
by the "Scavenger•" and approved by the City Council. The -term
"apartment" as usc1 herein shall be construed to include occupied
trailer camps and -,ccupied cabins, cotta.gas, and ;rents "'Ln auto
courts, motels, and labor camps.
(c) For the 1 g,.ular collection of gar°bage, swill, refuse,
and waste matter frotti an7, of-Il ce buil dins or t.jercantile estab-
lishment or business, using a cotni,on cunt _ er, or from any pre-
mises or place of bu_,iness Producing said refuse (excepting those
premises for which t�,,e rates are hereinbefore specified), the rates
per month for the collection shall be as fc,11ows: For two 30
gallon galvanized iro- containers-.. a fee of ONE AND4o,/10o �2)
$1. 4o)
DOLLAR per month; an11 excess of Such 30 U._.l.l.on containers of garbage,
swill, refuse, and waste matter, the fees shell be in accordance
with the following schedule:
"For 2 - 30 gallon cans
outside premises
For amounts greater than
as .may be agreed upon by
ject to the approval of
Times per Vieek
One.Two-...- __.. Three Six
$1. Leo $2.4o $3. 4o $6. 8o
2 - 30 gallon cans, the rate shall be such
the Scavenger and the oener-producer, sub -
the City Council.
Section 2: Urgen.cy Clause
Section 2:1: This ord1i,a.nce i, decla:~°ed to be an urgency
ordinance passepursuant to Sec;::-7c.n 36� `- of the ov�rnment Code.
The facts constituting the u�°� =�;c . are E.s folloi,,,s to wit; ghat the
City has negotiated a new schedule of garbage rates and proposes
CD
to enter into an agree.me.nt with a duly (Tualified service agency for
the disposal of garbage, the d.---te of said agreement to be as of the
date this ordinance is enacted; that this ordinance is a revenue
measure for the operation of the Cite
Section 3: Publishing Clause
Sec`: ion 3: 1: This ordinance shall 1-e published once within
15 days after TEE pass e with the names of the members voting for
or against in the Cupertino Courier, a newspaper published in the
County of Santa Clara.
INTRODUCED AND ENACTED at a regular meeting of the City Council
of the Ci-IFy of Cupertino on this 15th day of November, 1960 by the
following vote:
AYES: councilmen: Benetti, Jewett, Lazaneo, Saich, Peiosi
NOES: ,ouncilmen: None
ABSENT: Councilmen: None
PEST:
4
City�lerk
's % ^nthonTr J. Felosi
Mayor
- 2 -