Ord 121ORDINANCE NO. 121
AN ORDINANCE OF THE CITY OF POh~Y, CALIFORNIA
ESTABLISHING A NEW CHAPTER OF
THE POWAY MUNICIPAL CODE
REGULATING GARBAGE AND REFUSE COr.r,~ION
AND REPLACING CHAPTER 8.68 OF THE PO~AY MUNICIPAL CODE
THE CITY COU192IL CF THE CITY OF P(3~AY DOES ORDAIN AS FO~:
Section 1. Pursuant to Section 66757 of the California Goverr~ent Code, each
city my determine whether to provide solid waste management by means of exclu-
sive franchise, contract, license or permit either with or without ccmpetitive
bidding. For the collection or disposal of garbage, waste or refuse matter, the
City Council of the City of Poway establishes a Chapter of the Poway Municipal
Code herein contained as Exhibit "A" as the minim~n standards for a garbage and
refuse collection agreement.
Section 2. The policy and procedures regulating the collection of garbage and
refuse in the City of Poway contained herein replace Chapter 8.68 of the Poway
Municipal Code.
Section 3. If any portion of this ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of competent jurisdic-
tion, the remaining portions of this ordinance sb~ll continue in full force and
effect.
Section 4. This ordinance shall take effect and be in force on January 1,
1985; and the City Clerk of the City of Poway is hereby authorized to use sum-
tory publication procedures pursuant to Government Code Section 36933 utilizing
the Poway News-C~ieftain, a newspaper of general circulation published in the
City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 2nd day of October, 1984, and thereafter PASSED AND
ADOPTED at a regular m~cting of said City Council held the 16th day of October,
1984, by the following roll call vote:
Marjorie K. Wahlsten, City Clerk
HZ4ERY, KRUSE, ORAVEC, TARZY
NONE
SHEPARDSON
Bruce J. Tari ~Y~'o~r~?
GARBAGE AND R~%JSE COLLBCTION
CHAPTER I
Section 1. Legislative Policy.
The City Council does hereby find and determine that the storage, accumulation,
collection and disposal of garbage, trash, rubbish, debris and other discarded
matter, goods and material is a matter of great public concern, in t_hat improper
control of such matters creates a public nuisance, can lead to air pollution,
fire hazards, illegal dumping, insect breeding and rat infestation and other
problems affecting the health, welfare and safety of the residents of this and
surrounding cities. The City Council further finds that the periodic collection
of garbage, rubbish and other refuse frcm all residences and places of business
in the City benefits all occupants of residences and businesses within the City
and therefore the collection of garbage and refuse in the City shall be a man-
datory service and all occupants as hereinafter defined are made liable for the
payment of such fees as may be frcm time to time approved by the City Council.
The City Council further declares that the regulations in this chapter provided
are designated to eliminate or alleviate such problems.
Section 2. Definitions.
For the purpose of this chapter, the following words and phrases are defined and
shall be construed as hereinafter set out, unless it shall be apparent frcm the
context that they have a different me~___ning:
Animal Waste - me~___ns manure, fertilizer, or any form of solid excrement
produced by any and all form of dc~estic or cc~nerical livestock.
B. City - me~__ns the City of Poway.
C. City Manager - m~_ns the City Manager of the City of Poway.
City ~gent - means any enployee or agent of the City designated by the
City Manager or City Council as being responsible for directing,
collecting and providing for the disposal of garbage, rubbish and other
refuse.
E. Permittee - me~___ns any refuse collector authorized by the Mayor and City
Council of the City of Poway.
F. Council - m~ns the Mayor and City Council of the City of Poway.
G. Garbage - includes, but is not restricted to, every accumulation of
animal, vegetable or other material:
1. resulting frcm the preparation and cons~,~ution of edible
foodstuffs; or
resulting from decay, dealing in or storage of me~___ts, fish, fowl,
fruits, or vegetables including the cans, containers, or wrappers
wasted along with such mterials; or
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such industrial, d~mestic and organic solid wastes or residue of
animals sold for meat; or
fruit, vegetable and animal matter from kitchens, dining rooms,
markets, food establishments or any other place using, dealing in
or handling meats, fish, fowl, fruits, vegetables or grains; or
offal, animal excreta or the carcasses of animals, fish or fowl;
or
6. nonrecycle~ble glass, paper or metal products.
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Nonccmbustible Rubbish - ~eans ashes, bottles, broken crockery, glass,
tin cans, metal and metallic substances which will not incinerate
through contact with flames of ordinary t~perature.
Occupants - m~ns and includes every owner of, and every tenant or per-
son who is in possession of, is the inhabitant of, or has the care and
control of, an inhabited residence or a place of business.
Person - as used in this chapter means any individual, firm, cor-
poration, association, or group or combination acting as a unit.
Place Of Business -me~_ns any hotel, motel, trailer court, restaurant,
cafeteria, market, hospital, or any educational, professional,
cial or industrial establishment where there is an accumulation of
refuse.
Refuse - means when used singly in this chapter, and includes any or
all types of rubbish, garbage or waste material defined in this sec-
tion.
Refuse Collector - means any person or persons, firm, copartnership,
joint venture, association or corporation engaged in the collection,
transportation and/or disposal of garbage and/or rubbish in the City.
Residential Unit - means each place used for residential purposes for a
single family; if more than one family is in one house, then such house
shall constitute as many units as there are families.
No place used primarily for business purposes shall be considered as a
residential unit.
Rubbish - includes, but is not restricted to, all nonbiodegradable
waste, or debris such as paper, cardboard, grass, tree or shrub trim-
mings, rugs, straw, clothing, wood, or ~ products, crockery, glass,
rubber, metal, plastic, construction waste and debris and other similar
materials.
Rubbish Disposal - includes the collecting, transporting and disposal
of garbage and/or rubbish in the City.
Rubbish Disposal Operator - is synonymous with refuse collector or
contractor, or collector.
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Salvage - includes rubbish, frcm which articles of value or material of
value, may be extracted, segregated, removed or developed.
Streets - means the public strccts, ways, alleys and places, except
state freeways, as the same now or may hereafter exist within the
City.
Transfer Station - means the City designated site where collected
refuse may be transferred to vehicles which will haul the refuse to a
disposal site.
Truck - me~___ns any truck, trailer, semitrailer, conveyance or vehicle
used or intended to be used for the purpose of collecting refuse or to
haul or transport refuse.
Section 3.
Permits For Garbaqe And Rubbish Collection And Establishment Of
Charges.
The City Council does determine tbmt the disposal and/or collection of garbage,
rubbish or other refuse is a service to be performed in the City in accordance
with the provisions of this chapter. The City may frc~ time to time issue per-
mits to those parties meeting the criteria of this ordinance and such other
standards as may be established by resolution of the City Council regarding the
collection of garbage, ccmbustible and nonccmbustible rubbish frc~n cc~nercial,
business, industrial and residential properties. So long as any such permit
remains in force, collection of material provided for herein may be rode only in
accordance with the terms and conditions hereof. Such fees and charges for such
collection, r~noval and disposal services shall be those which the City Council
may frcm time to time hereafter approve by resolution. No person shall collect,
remove or dispose of any garbage, rubbish or other refuse within the City, nor
transport the same over any public streets or rights-of-way, unless a permit to
do so has first ~cn obtained from the City Council and such person c~lies
with the provisions of this chapter and any other regulations which have
adopted.
Section 4. Power Of City Council To Issue Permits For Disposal And
Collection.
The City Council shall have the power and the duty to issue permits for the
collection and disposal of garbage and rubbish as provided for in this chapter
and my, as a condition for issuing such permits, require a bond frcm the per-
mittee in an amount determined by the Council to insure the faithful performance
of such collection and disposal service in accordance with this chapter and the
terms and conditions imposed by the Council. In the event that any permittee
shall fail or refuse to confom to the conditions of the permit or this chapter,
the City Council, at its option and after a hearing called upon (10) ten days
written notice to the permittee, may revoke such permit. In issuing permits for
garbage and rubbish collection and disposal, the City Council shall not be
required to issue the same based upon the offer of lower or lowest rates, but
shall be free to issue such permits to the person's deemed best suited to ccmply
with the terms of this chapter and such other terms and conditions imposed by
the City Council.
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Section 5. Unlawful Collection.
It is unlawful and a misdemeanor for any person to collect or transport refuse
within the City unless such person is a permittee as herein defined or is
ex~-pted as outlined in (1), (2), (3), and (4) of this section; and it is un-
lawful for any person to permit, allow or enter into any agr~-~ent whatsoever,
for the collection or transportation of refuse with any person who is not a per-
mittee as herein defined except as permitted in (1), (2), (3), and (4) of this
section.
The collection and removal of grass clippings and shrubbery by indivi-
dual residents and by individ~als doing business as professional
landscapers, when the collection is directly related to their work,
shall be ex~-~t frc~ the garbage and refuse permit syst~.
Permittee shall not be required to collect hazardous or .~3~ngerous
materials as part of regular collection activity. Liquid and dry
caustics, acids, bio-hazardous, fl~,{{~'~hle, explosive materials, insec-
ticides, and similar substances shall not be deposited in collection
containers, but shall be handled under separate agr~-~ent between per-
mittee and custoner, and in accordance with the provisions of the
California Health and Safety Code.
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Infectious medical waste (as defined in California H~lth and Safety
Code 25117.5) shall not be collected by the permittee. Institutions
producing such wastes shall store and dispose and handle such material
only in the manner as approved by the County Health Officer or
designated deputy and in accor~nce with the California Health and
Safety Code.
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Recycleable material, those materials such as but not limited to glass,
newspaper, aluminum and cardboard that are separated either for reuse
or for the manufacture of new products.
Section 6. Collection In ~nergencies.
In e~ergencies such as the breakdown of equil~nent, or other unforeseen or unpre-
ventable circumstances, or where in the judgment of the City Manager the par-
ticular situation justifies such a~tion, the City Manager may issue limited or
t~,~orary permits to private persons or corporations to perform any of the ser-
vices covered by this chapter, subject to such reasonable fees, charges and con-
ditions as the circ%~nstances may wsrrant and as the parties involved may agree
upon; provided that such fees and charges received frcm or paid to any private
persons or corporations under this section for any period exceeding fifteen (15)
days duration shall be approved by the City Council.
Section 7. Hours Of Collection.
The permittee shall not collect garbage or rubbish within a residential area
between the hours of 6:00 P.M. and 6:30 A.M. the next day. With prior per-
mission of the City Manager, this time may be changed.
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Section 8. Refuse Collection - Spillage.
permittee shall exercise all reasonable care and diligence in collecting solid
waste so as to prevent spilling, scattering or dropping refuse, and sb~%ll ~
diately, at the time of occurrence, clean up any spillage.
Section 9. Containers.
It shall be the duty of householders and occupants as hereinabove defined to
provide and maintain containers as herein specified for the accumulation and
disposal of garbage, combustible and noncc~bustible rubbish, miscellaneous
debris, rubbish and other refuse. All containers or receptacles used for the
reception, re~oval and disposal of garbage, food plant w~stes, market greens,
market refuse and life refuse, should be water tight, constructed of a material
of suitable strength and durability, shall be tight seamed and provided with
handles and a tight fitting lid or cover which lid sb~ll be and r~ain affixed
to the container at such time as the garbage, food plant waste, market greens,
market refuse and other refuse are placed within the container. Noncc~bustible
refuse and other like refuse other than garbage may be deposited in well
constructed containers having a capacity not in excess of 40 gallons and which,
when filled, do not excc~ in weight of 50 pounds. No person shall so fill any
container with garbage, rubbish or other refuse above the top of the container
to such an extent as to permit the contents of any container to be blown or
otherwise strewn about. Paper bags and cardboard containers shall not be used
as containers for the disposal of garbage, rubbish and other refuse. If refuse,
either frcm residences or frcm places of business, is of such nature that it
cannot be placed in a container or receptacle, it shall be carefully placed
beside the refuse receptacles, in securely tied bundles of not in excess of one
cubic yard and weighing not more than 50 pounds. Tree limbs, trunks, hedge cut-
tings, brush and lumber shall not exc~ four feet in length. In c(xa~rcial and
business zones, containers shall be:
1. Metal lined and leak proof, and provided with a metal lined lid; or
2. Constructed or noncombustible materials and provided with a nonccm-
bustible lid; or
3. Approved by the fire department or its representative as providing ade-
quate protection against fire hazard.
Section 10. Placement Of Containers For Collection.
It shall be the duty of householders to set out or place containers for the
collection of garbage, cc~bustible and noncombustible rubbish, miscellaneous
debris and combined rubbish and/or other refuse as follows:
Any container or receptacle for the purpose of reception and r~moval of
refuse shall be placed at the curb in front of the pr~mises occupied by the
person depositing the same, there to be collected by the permittee; provided
that the permittee may designate some other location for the placement of
containers and receptacles when such placement will expedite collection.
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Section 11. Time And Date Of Placement Of Containers.
No person shall place, or cause to be placed, any refuse or container
or receptacle for refuse, in any public highway or in any place or in
any manner other than hereinabove provided or at any time other than
the days established by the city for the collection of such refuse on
the particular route involved, not earlier than sunset of the day pre-
ceding the day designated for collection, and all containers and recep-
tacles shall be removed from the place of collection prior to midnight
of the day the containers and receptacles have been ~%kotied.
P~ch owner, occupant, tenant, or lessee of a house or building used for
residential, business or con~ercial purposes, shall mintain super-
vision and surveillance over the refuse containers and receptacles on
the premises, and shall maintain the same in a sanitary condition. If
the containers or receptacles should not be ~mptied and the contents
removed on the date and time scheduled by the permittee, they should
in~ediately notify the City or the permittee and it shall be the duty
of the permittcc to forthwith arrange for the collection and disposal
of the refuse.
Junk, salvage, and other refuse which excccds the limitations herein-
above set out may, in the discretion of the permittee, be scheduled for
special collection upon the application of the occupant of the premi-
ses. Special collection charges may be assessed by the permittee for
this service.
No person, other than the owner thereof, owner's agents or ~f~oloyees or
an officer or ~loyee of this City or any person holding a permit with
this City for the collection or disposal of refuse, permittee's agents
or ~nployees authorized for such purposes, shall tamper or me~__dle with
any refuse or rubbish container or the contents thereof, or remove the
contents of any container or remove any container, frcm the location
where the same shall have ~n placed by the owner thereof or owner's
agent.
Section 12. Refuse Removal.
Ail refuse created, produced or accumulated in or about a dwelling house or
place of htm~n b~_hitation in the City shall be mandatorily removed frcm the
premises at least once each ~k. All garbage created, produced or accumulated
at hotels, restaurants, boardinghouses or other business houses where refuse
containing garbage is accumulated, situated in the City and all other refuse
shall be mandatorily r~noved frcm the premises at least once a week. The San
Diego County Health Department may require a greater number of collections per
week. It is declared to be unlawful and a misdemeanor, for the occupant of any
of the above-described premises to fail or neglect to provide for the removal of
refuse. An excretion to the mandatory service may be applied for under the con-
dition that the individual or property owner shows proof of use of a City-
approved garbage and refuse collection alternative. Said expiations may be
approved by the City Manager or City Manager's designee. Each day's violation
of this section shall be treated and considered as a separate and distinct
offense.
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Section 13. Refuse Disposal.
Permittee shall dispose of collected wastes, at permittee's expense, at an
authorized landfill or transfer station in a manner satisfactory to the City of
Poway and in accordance with all state and local laws and regulations.
Section 14. Special Provisions Regarding Method Of Disposal.
The r~moval of wearing apparel, bedding or other refuse frcm homes,
hospitals or other places where highly infectious or contagious
diseases have prevailed, shall be performed under the supervision and
direction of the health officer and such refuse shall neither be placed
in containers nor receptacles nor left for regular collection and
disposal.
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Highly inflammable or explosive or radioactive refuse shall not be
placed in containers or receptacles for regular collection and dispo-
sal, but shall be r~uoved under the supervision of the City Fire
Department at the expense of the owner or possessor of the material.
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C~rbage or other refuse containing water or other liquids shall be
drained before being placed in a container or receptacle. Matter which
is subject to deccr~osition shall be wrapped in paper or other material
before being placed in a container or receptacle.
No battery acid, poisonous, caustic or toxic material or other
substance capable of 8~maging clothing or causing injury to the person
shall be mixed or placed with any rubbish, garbage or other refuse
which is to be collected, r~moved or disposed of by the City or its
agent. Such items shall be removed at the occupant's expense only
after arrangements have been made with the City or its agent for such
Animal wastes, as herein defined, shall not be placed in containers, or
receptacles for regular collection and disposal, but shall be r~auoved
at the occupant' s expense.
Section 15. Burning~ Burial Or Dumping.
It is unlawful and a misdemeanor for any person to burn, bury or dum~ refuse
within the City at any time, unless a special permit for such burning, burial or
dumping has ~n issued pursuant to authority conferred by the City Council.
Section 16. Transfer Of Refuse.
Nothing in this chapter shall be construed to prevent the transfer of refuse
within City limits frcm collection to disposal vehicles; provided that such
transfer stations should not be conducted in violation of any state law or
county or city ordinance. Where the City operates a transfer station, users of
the station shall follow the rules set down for the station by the City Manager.
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Section 17. Duration Of Storage.
It is unlawful for any person to store or accumulate any garbage, c(mlbustible or
nonccm93ustible rubbish, miscellaneous debris or combined rubbish, in any con-
tainer or at any location other than as hereinabove set forth, or for any length
of time other than as follows:
1. Garbage. Garbage shall not be accumulated or stored for a period of
time in e~cess of:
a. Cu,~%~-rcial zone areas: Forty-eight hours (Sundays and holidays
excepted);
b. All other areas: One %~k.
Ccmbustible or noncombustible rubbish and miscellaneous debris shall
not be stored or acc~ulated for a period of time in excess of one
3. Ccatbined rubbish shall not be accumulated or stored for a period of
time in excess of:
a. Cu%m~rcial zone areas: Six (6) days (Sundays and holidays
excepted);
b. All other areas: one %~ck.
4. The above periods of time which end in any week in which a holiday
occurs are extended one additional day.
Section 18. Other Storage Prohibited -- Private Property.
Other than as herein set forth it is unlawful for any person to dum~, bury or
otherwise dispose of or store or accumulate any garbage, ccalbustible or nonccm-
bustible rubbish, miscellaneous debris or ccrabined rubbish or refuse on any pri-
vate or public property within the City, provided, however, that leaves, grass
clippings, and the like my be permitted for the purpose of ccmposting under
such circLm~ances and conditions as are established by the City Manager.
Section 19. Use Of Vehicles.
_amy persons who desire to operate privately owned garbage, rubbish, or refuse
vehicles under provisions of this ordinance shall provide that their vehicles
are water tight and are provided with a tight cover. ~ne City Manager shall
require the permit holder to remove frcm service or repair those vehicles that
allowed or permitted offensive odors to escape and/or refuse to be blown,
dropped or spilled therefrom.
Section 20. No Parking Of Loaded Trucks At Night.
No person shall leave trucks loaded with refuse parked for over a twenty-four
hour period on the City streets.
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Section 21. F~/uilmnent Required.
F~ch vehicle of the permittee shall at all times have in the cab, the registra-
tion of the truck, certificate of insurance card and an identification card with
the name of whcm to telephone in case of an accident. Each vehicle shall also
be equipped with a five pound fire extinguisher certified by the California
State Fire Marshal.
Section 22. Truck Inspection.
All of the permittee's equilmnent shall be inspected at the discretion of the
City Manager or any other appropriate agency at the point of operation.
Section 23. Specifications And Restrictions On Collection Vehicles.
Ail vehicles used for garbage, rubbish and/or refuse collection within the City
shall be required:
To be c~letely enclosed with a rigid, nonabsorbent cover while
transporting garbage, refuse or rubbish in or through the City.
Cu~letely enclosed with a rigid, nonabsorbent cover means that refuse,
rubbish or garbage shall not be visible frcm the street nor shall any
of the substance be permitted to leak, spill or become deposited along
the public struts.
All trucks or vehicles used in the course of garbage or refuse collec-
tion shall be painted the same colors as approved by the City Manager
and identified by truck ntm~rals and c~any logo. The equitm~nt used
shall be kept clan and in good repair at all times.
Section 24. Permittee's ~mployees.
The permittee must ~.p~arantee a top quality of service by industry standards;
c~npetent, qualified, sober, identifiable and uniformed personnel who serve the
public in a courteous, helpful and impartial manner.
The City may, at its option, require fingerprinting of the permittee's
employees whose service will cause th~n to enter onto or work in close
proximity to privateproperty.
The permittee shall be required to hire ~loyees without regard to
race, religion, color, national origin, sex, political affiliation, or
any other nonmerit factor.
Any ~ployee driving permittee's vehicles shall at all times have in
their possession a valid and appropriate vehicle operator's license
issued by the State of California.
The permittee and its u~loyees shall be required to wear clean iden-
tifiable uniforms when engaged in refuse collection service on public
streets.
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.~ction 25. Permits Issued.
The City Council my issue permits to a person for collection of garbage, rub-
bish and other refuse as provided herein, in which event the City Council my
require the posting of bonds to ensure cu-~liance with the conditions of the
ordinance codified herein and the permit issued pursuant hereto. Any such per-
mittee may be required to move all garbage, rubbish and other refuse frcm all
residential, cc~nercial or business premises, as provided herein. The Council
may provide in such permit, such terms and conditions, regulating the activities
of the permittee as the Council may deem necessary or proper and may frcm time
to time amend this chapter which amen~nents shall be binding upon any permittee.
Section 26. Permit For R~moval Of Refuse - Prerequisites.
Procedure and Required Information.
Permittee under this chapter must file with the City administration the
following information:
1. Name and description of the permittee;
2. Permanent home and business address and full address of the per-
mittee;
3. Trade and firm name;
If a joint venture or a partnership or limited partnership, the
names of all partners, or corporation and the names of the offi-
cers, and their percentage of participation and their permanent
addresses;
5. Tb~t the permittee has arranged for the disposal area where the
same may be legally accepted and disposed;
6. The location of the disposal area;
7. Facts showing t-hat the permittee is qualified to render efficient
refuse collection service;
That the permittee owns or has under control in good mechanical
condition, sufficient equilmnent to conduct the business of refuse
collection adequately and that the permittee owns or has access to
suitable facilities for maintaining the equilmnent in a clan and
sanitary condition;
9. That the vehicles and equit~nent conform to all applicable provi-
sions of this chapter;
10. Such other facts or information as the City Council may require.
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B. Fees and Requirements for Permit.
The City Council shall issue two types of permits based on the size and
nature of the garbage and refuse collection process.
1. Permit "A"
An "A" type permit will be established for full time residential
and cu,,~rcial collection.
2. Permit "B"
A "B" type permit will be established to regulate those haulers
who work on a t~orary basis. T~,~orary basis is defined as d~,~
boxes, roll-off bins, and temporary containers used for less than
120 days in any one-year period.
The fees for these permits shall be set by resolution of the City
Council with review on an annual basis.
C. Bonding of Permittee.
Before granting a pezmit under the provisions of this chapter, the
Council shall require the permittcc as a condition to the permit to
post with the City Clerk, a cash bond or surety bond in an amount
determined by the Council and furnished by a corporate surety
authorized to do business in the State of California, payable to the
City of Poway. The bond shall be conditioned upon the full and faith-
ful performance by the collector of obligations under the applicable
provisions of this chapter and shall be k~pt in full force and effect
by the collector throughout the life of the permit and all renewals
thereof.
D. Indemnification by Permittee.
As a condition of the City issuing a permit, permittee agrees to appear
and defend all actions against the City arising out of the exercise of
said permit, and shall indemnify and save the City, its officers,
~-~loyees and agents harmless of and frcm all claims, demands, actions,
or causes of actions of every kind and description resulting directly
or indirectly, arising out of, or in any way connected with the exer-
cise of the permit, including, but not by way of limitation, any act or
cmission of any officer, employcc, or agent of permittee.
E. Liability Insurance.
The collector shall obtain and keep in force during the term of the
permit, public liability and bodily injury insurance in an amount not
less than 500 thousand dollars for injuries or death to any one person
and not less than one million dollars for the injuries or death to
more than one person arising out of any oae accident or occurrence; and
workers' cuw~ensation insurance covering all e~ployees of the permit
holder. Copies of such policies, or certificates evidencing such poli-
cies, shall be filed with the City Manager. The City shall be named as
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an additional insured on all such policies. All policies shall contain
a provision requiring a ninety-day (90) day notice to be given to the
City prior to cancellation, modification or reduction of limits. The
amounts of public liability insurance for bodily injury and property
damage shall be subject to review and adjustment by the Council.
E. C~liance With Motor Vehicle Code.
The permittee's trucks must cutely with the regulations as set forth in
the California Motor Vehicle Code, all other applicable California
codes, and this chapter.
F. C~liance With Local And California Laws And Regulations.
The permittes must agree to perform the terms of the permit in such a
manner so as to cc~ply with all valid and applicable local and state
laws and regulations pertaining to the collection, storage, and
transportation of solid waste. The permittee shall also ccmply with
all other ordinances and regulations of the City and applicable laws
and regulations of the County of San Diego and State of California, and
shall obtain and keep in force all required permits and business licen-
ses.
Section 27. Permit.
A. Authorization.
The City Council shall, pursuant to Section 66757 of the California
Goverrmlent Code and Section 4250 of the California M~lth and Safety
Code issue permits for garbage and refuse disposal.
B. A~cepb~ nce.
The City Manager shall investigate the information required by Section
.090 of this chapter and verify that the permittee is capable of
cc~plying with the provisions of this chapter and the rules and regula-
tions of the City. The City Manager shall notify the City Council of
the findings prior to approval or denial of the permit by the Council.
C. Assignment Or Transfer Of Permit.
No assignment or transfer of a permit pursuant to this chapter or any
right occurring under such permit shall be made in whole or in part by
the permittee without the express consent of the City. In the event of
any assignment or transfer is authorized by City Council, the assigncc
shall assume the liability and all other obligations of the permittee.
D. Revocation.
A permit may be revoked at the option of the council in the event
there is a change of ownership of any kind or nature of the operating
c~-~any, unless approval therefor has ~c~n obtained in writing frcm the
Council.
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If it is determined by the City Manager following an inspection of the
permittee's place of business, after reasonable notice to the permit-
tee, that the operator or manager has not c~L~lied with the provisions
of this chapter and all other applicable statutes, ordinances, rules
and regulations, the City Manager shall notify the permittee in writing
of noncu,~liance and shall order cu¥~liance with thirty (30) days.
If nonc~-~-%31iance is not corrected, the Council, after a hearing, shall
be ~m~x~wered to cancel the permit with the operator which grants per-
mission to operate or take such other action as the Council shall
determine.
Section 28. Rights Of Existing Collectors.
Prospective permittee's are advised that portions of the City of Poway are pre-
sently being provided waste collection services by collectors licensed by the
County of ~ ~iego, and that those presently providing service may have vested
rights to continue that service for a substantial period under the provisions of
Section 4272 of the State Health & Safety Code.
Section 29. Charges For Service.
Collection Charge:
A charge for the collection of refuse shall be imposed by the permittee
on the owner or person in control of each residential and c~m~rcial
property or other entity subscribing to refuse collection service. The
amount of such charges shall be fixed and changed from time-to-time by
the permittee after approval by the City Council.
B. Rate Adjustments.
~11 revisions in the rate schedule must be suhnitted to the City
Council for review and action and must be approved by the City Council.
The application for rate adjustment shall be made by the permittee
prior to Decal,her 1st of any year that it seeks such increase and the
City shall act thereon within thirty (30) days. The new rate will com-
mence the ensuing January 1st. Any new rate adjustment will have a
maximum increase based of 100 percent of the Cons%m~r Price Index and
any unusual or extraordinary cost resulting in an increase to the per-
mittee in the cost of providing service.
Section 30. Fees.
The accumulation of garbage, rubbish and other refuse constitutes a
menace to the health, ~lfare and safety of inhabitants of the City,
and the orderly and regular collection of garbage, rubbish and other
refuse is necessary to prevent the spread of disease, the creation of
health menace and fire hazards.
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Be
Ce
The City Council finds and determines that the periodic collection of
garbage, rubbish and other refuse as provided herein, fr~n all residen-
ces and places of business in the City benefits all occupants of pro-
perry within the City; therefore, all occupants are made liable for the
payment to the City of such fees as may frcm time-to-time be approved
by the City Council.
.Every occupant of the City shall be billed periodically. Should any
person fail, refuse or neglect to pay any such bill within thirty (30)
days after the date that the same is rendered, then in that event a
penalty equal to ten percent (10%) of the amount of the bill may be
added to the bill and the s~n, together with any costs incurred by the
City or by the permittee, may be recovered by either the City or the
permittee, as provided by law.
Should the occupant of any property, residential, cc~nercial or
industrial fail or refuse to pay in accor~_~nce with the provisions
hereinabove, the fee assessed for the collection of garbage, rubbish
and other refuse, then in tb~t event, the permittee shall advise the
City Manager of such refusal. The failure to pay may, except for the
provisions hereof, result in the noncollection of garbage, rubbish
and other refuse, which condition the City Council determines and
declares to be a threat to the public health, safety and welfare, and
which condition is declared to be, if permitted to exist, a public
nuisance. In the event that there is nonpayment, then, in that event,
the City Manager shall direct the permittee to make collection and the
expenses and charges of collection, including penalties, may be
assessed against the property as provided by law or otherwise collected
by the City. The permittee shall continue to collect garbage, rubbish
and other refuse when directed to do so by the City Manager even though
there be nonpayment.
All costs incurred by the City and paid by the City to the collector or
permittee shall be recoverable by the City and charged against the pro-
perty frc{n which the garbage, rubbish or other refuse was collected.
The City Manager shall notify all parties concerned of the costs of any
such collection by directing a letter to the occupant of the property
at the address shown on the latest tax roll. Any such notice shall be
given ten (10) days prior to a public hearing and City Council shall
review and approve an assessment against the property for the costs
incurred in abating the public nuisance. If the total assessment
determined and confirmed by the City Council is not paid within ten
(10) days after the determination by the Council, then in that event,
there shall be recorded in the Office of the County Recorder a state-
ment of the total balance due together with the legal description of
the property affected. Frcm and after the date of such recording, the
balance due shall be a special assessa~nt against the parcel plus a
twenty ($20) dollar City administrative fee. The assessment shall be
collected at the same time and in the same manner as county taxes are
collected, and shall be subject to the same penalties and to the same
procedure and sale in case of delinquency as provided for ordinary
county taxes. All laws applicable to the levy, collection, and enfor-
c~nent of county taxes shall be applicable to such special assessment.
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Section 31.
Protest.
Any occupant of any residential, or
which has been billed for refuse service for his place of
or and which persons desire to contest the extent or degree
or reasoaableness of the charge billed, shall make payment of such charges under
protest and, at the same time, file a written of such protest with the
City Manager. Within thirty (30) days after da ~ of filing, the City Manager
shall notify the of the indings and add and
adjustment in the maturer. The decision of the C ty Manager may be appe~_led by
any person upon suhni tal of a fifty ($50) dol .ar appeal fee, in which event,
such appeal shall be d ectly to the City Counc 1 whose in r .e~u-
lar ~eting, shall be xnal. The appeal fee sha_x be refunded to the
occupant in those cases where the City Council f nds in favor of the protest.
Section 32. General Ru
The City or its agent shall have the to make other r~-~<~able
rules and regula' ions and disposal and
relating to the ~auling of garbage, rubbish and other refuse over City
eets by priva~.e persons, or relating to the operation of a.transfer
tion, as shal be found necessary, subject in each to the
r .ght of appel Lc~n any order of the City Manager or City agent to the
C ty Council whose de and judgment shall be in all respects
fnal.
Bulk Items. "A" permittees shall be required to collect and
dispose of large bulk it~ns on a 24-hour notice with a maximum
charge and any to be set by City Council
Cc~
munity clean=up
City.
',A" permittees shall undertake an annual ccm-
in , with criteria established by the
Ce
No persons shall cast, place, sweep or deposit anywhere within the
City, any garbage, rubbish or other refuse in such manner that it my
be carried or ~ited by the elements on any street, sidewalk, alley,
sewer, storm drain, parkway, or other public place, or into any
occupied pr~aises within the City.
Section 33. In
The "A" permittee shall provide an office with a full-time manager with toll-
free telephone service from the entire City of Pow-ay. Telephones will be
attended by per~Sm_4el from 8:00 A.M. to 5:00 P.M. on regular work-
days, 8:00 A.M. to 12:00 noon on and an service provided
after-hours, weekends and holidays.
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Section 34. Inspection Of Revenue Records.
Permittee shall keep and preserve during the term of this contract, full,
c~lete and accurate records of:
Customer ~counts in a manner that cl~_rly identifies the number of
custcmers within the City of Poway and subject to the permit fee.
These records are subject to review by the City Manager, at any reaso-
nable time.
e
Specific cost items, such as disposal fees, fuel, and similar items
that may provide the basis for future rate increases due to unusual
circnmmstances. These records are subject to review by the City Manager
at any time City staff has bcc~n asked to review special rate increase
requests.
Section 35. Appropriation Of Funds.
The City Council sbmll, frcm time-to-time, by resolution or minute order,
appropriate such funds as are necessary to carry out the provisions of this
chapter.
Section 36. Revocation Of Permit.
Any person issued a permit or authorized to collect or transport garbage, rub-
bish and other refuse within the City shall cc~ply with all of the provisions of
this chapter, and the terms and conditions of any permit bet~n the City and
any such person. Any failure to observe the conditions or default under the
permit sb~ll result in the sum,,,~ry revocation of the permit by the City Manager.
An appeal may be made to the City Council frcm any such action of the City
Manager by any affected person in which event the decision of the City Council
shall be final.
Section 37. Severability.
If any section, subsection, sentence, clause, or phrase of this cbmpter is for
any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions. The City Council of the City of
Poway hereby declares that it would have passed this chapter and each section,
subsection, clause, and phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional, and would have passed and adopted the same even though any
parts, sections, subsections, sentences, clauses, or phrases that may be held
invalid had~n ~nitted therefrcm.
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