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HomeMy WebLinkAbout13f , FIRST REX' NG: May 5, 1956 SECON NG: May 14, 1956 ORDINANCE NO. 13 AN ORDINANCE REGULATING COLLECTION AND DISPOSAL OF GARBAGE, SWILL, REFUSE AND WASTE MATTER; FIXING RATES TO BE CHARGED; AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LICENSE AND PERMITS AND FOR THE MAKING OF CONTRACTS AND COMPENSATION THEREFOR; AUTHORIZING THE ACQUISITION AND ESTABLISHMENT OF GARBAGE DUMP AND THE ADOPTION OF RULES AND REGULATIONS FOR THE MANAGEMENT, SUPERVISION AND OPERATION OF THE SAME; DESIGNATION OF ENFORCEMENT OFFICERS;, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS:. SECTION 1. The City Council does hereby establish Health and Sanitation Rules and Regulations as follows: Garbage Disposal SECTION 2. Definitions. The term "garbage" as used herein shall be construed to mean all classes of putrefactive and decomposable animal or vegetable matter, except as herein otherwise classified. The term "refuse" shall be construed to mean and include any and all matter and materials which are rejected, abandoned or discarded by the owner or producer thereof as offensive or useless, and which by their presence or accumulation may injuriously affect the health, comfort, or safety of the community in any manner whatsoever. The term "waste matter" shall be construed to mean and include any and all ..matter and materials which cannot be defined as refuse, but which are rejected; abandoned or discarded by the owner or producer thereof as useless or no longer desired by said owner or producer. The term "swill" shall be construed to mean and include all putrefactive or -easily decomposable animal or vegetable matter having a property value and attractive to flies and rodents. SECTION 3. Receptacles. All garbage, swill, refuse and waste matter, except as provided in Section 6 hereafter, shall by the person, firm or corporation, upon whose premises the same shall have been produced or accumulated, be placed in a water -tight galvanized metal container of not less than 10 or more than 30 gallons, net capacity, of a design approved by the City Health Officer, or such other person designated by the City Council, which container shall be kept clean, continuously closed by a tight fitting galvanized metal cover, except when garbage, swill, refuse and waste matter is being dumped within or removed therefrom, and shall be proof against the access of flies and rodents. The contents of such container shall be delivered not less than once a week to the Scavenger authorized by the Town of Los Altos Hills to collect the same in accordance with the provisions of this ordinance. Provided, however, that swill may be placed in separate containers of the type and size indicated herein, or such as may be approved by the Health Officer, or such other person designated by the City Council, to be delivered to swill collectors, pursuant to the rules and regulations for the collection of swill to be hereinafter provided. V W 44 SECTION 4- Scavenger. The term "Scavenger" shall be construed to mean an agent or employee of the Town of Los Altos Hills, or any person, firm, corporation or association, or the agents or employees thereof with whom the Town of Los Altos Hills shall have duly contracted as hereinafter provided, to collect, receive, carry and transport garbage, swill, refuse and waste matter in accordance with the provisions of this ordinance. SECTION 5. Collection of Garbage. Collections of garbage, swill, refuse and waste matter shall be made at least once a week. The contents of all containers shall be transferred by the Scavenger into a vehicle provided by the Scavenger and approved by the Health Officer, or other designated officials, as being a satisfactory vehicle for said purpose.. The Scavenger shall avoid spilling any of the contents of the container on stairs, yards, streets and alleyways. SECTION 6. Segregation. The producer or owner of garbage, swill, refuse and waste matter may elect to segregate non -putrefactive materials from other garbage, swill, refuse and waste matter, and the same may be placed in a box or barrel located near the galvanized container, but the material so segregated shall be kept in a dry condition and in such a manner as not to be offenseive, or attractive to flies and rodents and so as not to create a fire hazard. All cardboard and wooden boxes, except containers of refuse or waste matter under this section, shall be broken up so as to facilitate the collection of the same by the Scavenger. The said refuse shall be delivered to the said Scavenger in the same manner as the contents of the said galvanized container. SECTION 7. No Deposit on Public Streets, Burning. It shall be unlawful to deposit, place or burn garbage, swill, refuse and waste matter of any kind upon public streets or alleyways. It shall be unlawful for any person to deposit, place or burn garbage, swill, refuse and waste matter upon any public or private lot or park except as herein provided. Dry refuse and waste matter may be burned by owners or producers of the same only under a Permit from the Los Altos Fire Protection District and under the terms and conditions thereof but the said burning shall not create any offensive odor or smoke screen. Permits SECTION 8. Permit to Collect and Transport. It shall be unlawful for any person, firm, corporation or association to collect, transport or carry garbage, swill, refuse and waste matter through any streets or public places in the Town of Los Altos Hills without a permit from the Health Officer, or other designated official, unless such person, firm, corporation or association is an employee of the Town of Los Altos Hills or agent of said City and is acting within the scope of his employement, or has been awarded a contract by said City as "Scavenger", or has been granted a permit to collect "swill" in the Town of Los.. Altos Hills. City Dumps SECTION 9. Permit for dump use. No person, firm, corporation or association, other than - 2 - 4 employees or agents of the Town of Los Altos Hills acting within the scope of their employment, shall carry, transport, deliver or deposity any garbage, swill, refuse and waste matter in any garbage dumps which the Town of Los Altos Hills may hereafter maintain without the express permission of the City Health Officer, or other designated official. Those depositing such materials at the city dump persuant to permission, must deposit the same in accordance with instructions from the supervisor in charge of the dump or from the City Health Officer, or other designated official. Dumping of garbage, swill, refuse and waste matter in the dump, contrary to instructions given for the same, and dumping garbage, swill, refuse and waste matter on the roadways and ramps leading to or from said dump is prohibited. SECTION 10. Supervision. The City Council may on motion appoint a person qualified to act as dump supervisor and may receive financial aid from industries using the said dump for the payment of a salary for said supervisor and maintaining the City to the industries or persons providing such assistance. SECTION 11. Fee Schedule. The City Council may by resolution fix and adopt a schedule of fees to be charged for using the city dump, which schedule when adopted may be changed from time to time as circumstances may. warrant. SECTION 12. Establishment of Dump. The City Council is authorized to acquire and establish a City Dump, and to establish by resolutions, rules and regulations for its operation, and a schedule of charges for the use of same. SECTION 13. Rules, Hours. The City Health Officer, or such other person hereafter designated by the City Council, is hereby authorized to establish such rules, standards, and hours consistent with the provisions of this ordinance as in his discretion may be reasonable and necessary for the maintenance, management and operation of the City Dump. SECTION 14. Enforcement Officers. The City Health Officer, Chief of Police (or such other officials of the City or County who are acting therefor under authorization by the City Council) and the Chief or Acting Chief of the Los Altos. County Fire Protection District shall be the enforcement officers under this ordinance, and they shall have the right to enter upon any and all premises for the purposes of determining the sanitary conditions thereof and ascertaining whether the terms of this ordinance are being complied with, and any person denying, or obstructing such entry shall be subject to the penalty in this ordinance provided. Scavenger -Contract Rates SECTION 1$. Award of Contract. The City Council may by resolution award a contract for the collection and disposal of garbage, swill, refuse and waste matter to any person, firm or corporation which the Council believes best qualified and equipped to perform the work of a "Scavenger". The said contract shall require the "Scavenger" to collect, remove and dispose of garbage, swill, refuse and waste matter in the Town of Los Altos Hills, in accordance with the provisions of this ordinance and - 3 - in conformance with such regulations as may be prescribed by the Health Officer, or such other officer as may be hereafter described Chief of Police, and the Chief or Acting Chief of the Los Altos County Fire Protection District, and shall fix the compensation tobe paid the "Scavenger" therefor. It shall require the said "Scavenger" to furnish a surety bond of Five Thousand Dollars ($5,000.00), conditioned upon the faithful performance of his contract and shall require the said "Scavenger" to carry Workmen's Compensation Insurance and Property Damage and Public Liability Insurance. The said contract shall be subject to renewal by resolution every five years, or oftener, if in the discretion of the City Council, time, circumstances and conditions warrant such renewal. SECTION 16. Collection of Fees. The "Scavenger" shall have authority to collect such fees as may be determined by the City Council to be reasonable. SECTION 17. Interference Unlawful. It shall be unlawfulfbr any person in aiy manner to interfere with the collection or disposal of garbage, swill, refuse and wasse matter by any person, firm, corporation or association authorized by license or contract to collect or dispose of the same. SECTION 18. Disputes. Disputes over charges made or as to the character of the services performed shall be decided by the Health Officer and his decision shall be final. SECTION 19. Dump Charges - All fees harges. Allfees and charges for collection and disposal of garbage, swill, refuse and waste matter herein provided shall be paid monthly. Such fees and charges as may be fixed for depositing at the City Dump must be paid at the time that the deposit is sought to be made, and the facilities of said dump gray be refused for the failure to pay the same. The said fees and charges for this purpose are to be collected by the dump supervisor and turned over to the City Clerk. SECTION 20. License for Hauling Swill. It shall be unlawful for any person, firm, cOrporstion or association to engage in the business of collecting swill in the Town of Los Altos Hills, or to haul the same through any street or public place of the city, unless such person, firm, corporation or association is an agent or employee of the Town of Los Altos Hills, or is the regular "Scavenger" with whom the City has a contract, or has been duly licensed as in this section provided. The City Council may by resolution, fix the fees to be charged for the business of collecting swill and for trans- porting the same through the streets, alleys or public ways of the Town of Los Altos Hills. All of such fees shall be paid to the City Clerk, upon the issuance of the license. Application for said license shall be made to the Health Officer, or such other official as may be hereafter designated, who shall have authority to issue the same. Vehicles used for the transportation of swill and the manner in which the same is handle d, collected and transported shall be approved by the Health Officer, or such other designated official. The said license may be revoked by the City Council after a notice and hearing for failure to collect and transport swill in the manner and with the vehicles approved by the Health Officer, or such other designated official. -4- SECTION 21. No license shall be issued other than as provided to the scavenger named in a contract granted by the City while any such contract is in effect and as to a service provided for thereby. SECTION 22. Nothing in this ordinance shall prohibit an individual to transport, without spilling, his own trash or refuse or waste matter, except garbage or swill, in City streets without obtaining any permit. SECTION 23. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, said decision shall not affect the validity of the remaining portion of this ordinance. This Council hereby declares that it would have passed this ordinance, and each section, sentence, clause and phrase thereof irrespective of the fact that any one or some other section, sentence, clauses, or phrases be declared unconstitutional or invalid. SECTION 24. Penalty for Violation. Any person, firm, or corporation who shall vio]a to any provision of this ordinance shall be deemed to be guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a Pine of not to exceed Three Hundred Dollars ($300.00), or by imprisonment in the City Jail or County Jail of Santa Clara Countynotto exceed ninety (90) days, or by both such fine and imprisonment. SECTION 25. Time of Effect. This Ordinance shall be posted in three (3) public places in the City of the Town of Los Altos Hills and shall take effect 30 days after adoption. PASSED at a regular meeting of the City Council of the Town of Los Altos Hills on the 14th day of May , 1956, by the following vote: AYES. Councilmen Bledsoe, Dungan, Fowls, Rothwell NOES: None ABSENT: Mayor Treat ATTEST: C ty Clerk �,;:. CERTIFIED rue