ORD 035ORDINANCE NO. 35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING CHAPTER 6.04 OF
THE LA QUINTA MUNICIPAL CODE RELATING TO REFUSE
DISPOSAL.
The city council of the City of La Quinta does ordain as follows:
SECTION 1. Chapter 6.04 of the La Quinta Municipal Code hereby is
amended to read as follows:
Sections:
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
6.04.120
6.04.130
6.04.140
6.04.150
6.04.160
6.04.170
Chapter 6.04
REFUSE DISPOSAL
Refuse disposal services by city.
Definitions.
Refuse collection service --Mandatory.
Containers --Provision required --Adequacy.
Freqyency of collection.
Container specifications.
Improper keeping of refuse as nuisance.
Removal prohibited when.
Noncompactible solid waste.
Unlawful use of trash receptacles.
Burning of refuse prohibited.
Special pickups.
Establishment of rates and pickup schedules.
Unauthorized collectors.
Unauthorized removal of rubbish.
Collector and trucks.
Unauthorized use of containers of another.
6.04.010 Refuse disposal services by city. The city shall
provide for and furnish services relating to collection, transfer,
and disposal of solid waste and refuse within and throughout the
city. Such services will be furnished either by city officers
and employees directly, or by contract agent or agents of the city.
6.04.020 Definitions. For purposes of this chapter:
"Collector" means the city's authorized agent (when a contract for
refuse collection is in force) or the city officer in charge of
refuse collection services (when no such contract exists).
"Garbage" includes all waste accumulations of animal,
fruit, vegetable, or other matter that attends or results from the
preparation, use, cooking, processing, dealing in or storage of food,
meat, fish, fowl, fruits or vegetables, including same or parts thereof.
"Refuse" is a comprehensive term meaning any and all waste
matter and material, and includes garbage and rubbish.
"Rubbish" includes all waste matter other than garbage, soil,
or rock material.
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6.04.030 Refuse collection service --Mandatory. (a) Every
person who owns, and every person who occupies, any developed
real property within the city, whether at a residential location
or otherwise, shall make or cause to be made with the city's
authorized agent (when a contract for refuse collection is in force)
or with the city (when no such contract exists) appropriate arrange-
ments for regular refuse collection services, and it is unlawful
for any such person to fail, refuse or neglect so to do. An
occupant of property shall be deemed to have complied with this
subsection if the owner of the property has caused to be made such
appropriate arrangements for collection of refuse upon all portions
of the property occupied by said occupant. An owner of property
shall be deemed to have complied with this subsection if an occupant
or occupants has or have caused to be made such appropriate arrange-
ments for collection of all refuse upon all portions of said
property.
(b) It is further unlawful, and a public nuisance, for any
person to occupy or inhabit any property within the city for which
appropriate arrangements have not been made and kept in full force
and effect for regular refuse collection services, in compliance
with subsection (a) of this section.
(c) Every person having a duty, pursuant to subsection (a)
of this section, to make or cause to be made arrangements for regular
refuse collection services shall be liable for payment of the
appropriate service fees and charges therefor to the same extent and
at the same times, irrespective of whether such person has or has
not made the appropriate arrangements for collection services in
compliance with subsection (a) of this section. Whenever the fees
or charges for such services have not been paid when due, all of
the persons mentioned in subsection (a) shall be jointly and
severally liable for payment thereof (together with any applicable
penalties and interests) irrespective of which person may have made
any existing arrangements for collection services, provided that an
occupant of only a portion of a parcel of real property or premises
shall be deemed liable only for the fees or charges, or portion
thereof, attributable to collection services for refuse produced
or to be produced or accumulated or to be accumulated by said
occupant, and also upon all portions of the property occupied by
said occupant.
(d) Notwithstanding the foregoing provisions of this section
relating to which persons are liable for payment for refuse
collection services, the city may cause the collection of the fees
or charges for such services, from the owner(s) of property served,
by means of collection on the tax roll in the manner prescribed by
applicable provisions of the Health and Safety Code and of the
Government Code.
(e) Persons owning premises which have been unoccupied by
any human habitation and upon which no refuse has been produced
or accumulated (other than landscape debris such as clippings,
branches, leaves and the like, which has been promptly removed by
personnel doing gardening work on the premises), for twelve consec-
utive months or more, shall be exempted thereafter from having to
comply with subsection (a) of this section for as long as the
premises remain so unoccupied without refuse being produced or
accumulating as stated. Disputes as to whether particular owners
are entitled to such exemption shall be determined and resolved by
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the city manager or his designee upon investigation of the facts
involved and hearing the contentions of any owner claiming the
right of exemption provided for in this subsection.
6.04.040 Containers --Provision required --Adequacy. It is the
duty of every person in possession, charge or control of any place
within this city, in or from which refuse accumulates or is
produced, to provide, and at all times to keep in a suitable place
readily accessible to the collector, containers capable of holding
without spilling all refuse which would ordinarily accumulate on
such premises between the times of two successive collections. At
the time of collection, no containers to be emptied shall be located
inside locked gates or doors or in a fenced or enclosed area used
to restrain animals.
6.04.050 Frequency of collection. Every person in charge of
a residence or residences, whether single-family or multiple -family,
shall make arrangements with the collector, to have removed, not
less than once a week, from the property upon which the residence
or residences are located, all refuse created or produced or brought
upon the premises. Every person in charge of a commercial or
industrial building shall not less than twice a week remove or cause
to be removed from the property upon which the building is located
all refuse created or produced or brought upon the premises;
provided, however, that upon written approval by the health officer,
refuse created, produced or brought upon the premises of an industrial
or commercial building may be removed not less than once a week. This
latter provision, however, will not apply to food handling estab-
lishments from which refuse shall be removed or caused to be removed
not less than twice a week.
6.04.060 Container specifications. Every person in charge of a
residence, commercial or industrial business shall deposit or cause
to be deposited all refuse in standard containers or commercial bins
as approved by the health officer and the collector. A standard
container shall be made of metal or plastic, watertight and covered
with a tight -fitting lid; tapered sides, two handles or bales, and
shall not exceed thirty-three gallons in size or fifty pounds gross
weight when filled. If approved by the collector, heavy duty plastic
bags with ties, specifically designed for refuse may be used in
place of standard containers. No person shall maintain or place for
collection any container not in conformance with the standard
container designated in this section. Residences and dwelling
units who furnish their own containers shall be responsible for
their maintenance, cleanliness and replacement. No container shall
be placed adjacent to a street or public right-of-way for collection
service more than twelve hours prior to the normal collection time
and shall be removed from the street right-of-way location within
twelve hours after collection.
6.04.070 Improper keeping of refuse as nuisance. The keeping
of garbage in containers other than those prescribed by this chapter,
or the keeping upon premises of garbage or rubbish which is offensive,
obnoxious, or unsanitary shall be unlawful, shall constitute a public
nuisance and may be abated in the manner now or hereafter provided
by law for the abatement of nuisances.
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6.04.080 Removal prohibited when. It is unlawful for any
person other than the person in charge of a residence, commercial
or industrial business or the person authorized by law to remove
any container from the location where the container was placed by
the person in charge for storage or collection, or to remove any
solid waste from the location the solid waste was placed by the
person in charge for storage or collection, without prior written
approval of the person in charge.
6.04.090 Noncompactible solid waste. No person shall place
noncompactible solid waste adjacent to a street or public right -of
way for collection or removal purposes without prior approval and
arrangements with the collector.
6.04.100 Unlawful use of trash receptacles. It is unlawful for
any person operating or connected with any business to place or
deposit garbage or rubbish in any container placed upon the public
street by public authority, and meant primarily for the disposal
of rubbish by pedestrians using the sidewalk. Such persons and
business houses shall contract separately for removal of refuse
in containers maintained by the person or business house.
6.04.110 Burning of refuse prohibited. No person shall burn
any refuse within the city, except in an approved incinerator or
other device for which a permit has been issued by the chief building
inspector, and which complies with all applicable permit and other
regulations of the air pollution control authorities, and provided
any such act of burning in all respects complies with all other laws,
and rules and regulations administered by the air pollution control
authorities.
6.04.120 Special pickups. Subscribers to waste disposal service
may order special pickups of such things as landscape trimmings,
discarded furniture, and other items too large to fit in standard
containers, subject to rates which have been established from time
to time by the city council.
6.04.130 Establishment of rates and pickup schedules. The
council shall, from time to time, establish rates and pickup schedules
for collection and disposal of refuse accumulated or produced within
the city.
6.04.140 Unauthorized collectors. At such times as there is in
force a contract entered into by the city with any contractor for
the collection and disposal of refuse of the city or its inhabitants,
it is unlawful for any person other than the contractor or his agents
and employees, to collect any refuse for hire within the city. This
section shall not, however, be deemed to apply to contractors or
builders removing debris, rubbish and trash from construction sites,
any persons holding a valid city business license to engage in the
nursery or gardening business or to any person removing shrubbery,
grass, tree cuttings, tree trimmings or other agricultural debris
from any property owned or occupied by such person, or any person
removing industrial wastes or any person removing large or oversized
items of rubbish from their premises.
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6.04.150 Unauthorized removal of rubbish. It is unlawful
for any person, other than a person holding a contract for the
collection of rubbish, to take, remove or appropriate for his
own use any rubbish which has been placed in any street, or alley
for collection or removal, whether said rubbish is so placed in
regular containers or not.
6.04.160 Collector and trucks. (a) The collector shall provide
sufficient collection equipment to maintain a regular schedule of
collection.
(b) Trucks used for the collection or transportation of solid
waste shall be leakproof and equipped with a close -fitting cover
which shall be affixed in a manner that will prevent spilling,
dropping or blowing of any solid waste upon the public right-of-way
during collection or transportation.
(c) All trucks used for collection or transportation of solid
waste shall be maintained in a clean and sanitary condition, neatly
and uniformly painted, and shall carry a shovel, broom and fire
extinguisher.
(d) The person that owns any trucks used for collection or
transportation of solid waste shall have his name, telephone
number and truck number urinted on each side of all trucks in
letters not less than three inches high.
(e) All garbage -conveying trucks, tanks, containers and other
receptacles shall be cleaned and disinfected both on the inside and
outside thereof at least once daily, and at all times shall be kept
free from any refuse on the outside thereof.
(f) The collector shall maintain in good repair all containers
furnished to business establishments.
6.04.170 Unauthorized use of containers of another. It is
unlawful for any person to place refuse in, or to otherwise use
the refuse container of another person, without the permission
express or implied, of such other person.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3. POSTING. The city clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 public
places designated by resolution of the City Council; shall certify to
the adoption and posting of this ordinance; and shall cause this ordinance
and its certification, together with proof of posting, to be entered in
the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on July 19 1983, by the following
votes:
Ayes: Council Members Cox, Wolff and Mayor Pro Tem Henderson.
Noes: None.
Absent: Council Member Allen, Mayor Baier.
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ATTEST:
ITY K
APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
APPROVED AS TO CONTENT:
TY GER
I hereby certify that the foregoing ordinance was adopted by
the City Council of the City of La Quinta, California, at a meeting
held aaly-19, 1983, and thdt.--the Ordinance was posted in.4t-_keast three
public places specified for such postings by the City Council.
Frank M. sher, City Clerk