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HomeMy WebLinkAboutCC ORD 1949-762 Garbage disposal (Repealed by 992)762 ORDINANCE NO. 762 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, REGULATING THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH WITH- IN SAID CITY, AND PROVIDING FOR A PENALTY FOR THE VIO- LATION THEREOF, AND RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City Council of the City of National City, California, DOES OR- DAIN, as follows: SECTION 1. DEFINITIONS. When- ever in this ordinance the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section. GARBAGE is defined as all refuse and waste fruit, vegetable and animal matter. RUBBISH is defined as all refuse and waste matter, whether cornbus- tible or noncombustible, not included within the definition of garbage as herein defined, and excluding the fol- lowing: plaster, rock, sand, ashes, tree trimmings, old automobile frames and fenders, or waste material per- taining to building operations, con- struction or repair. PERSON is defined to mean and include person, firm or corporation. SECTION 2. It shall be unlawful for any person to keep or permit to accumulate any garbage or rubbish on any premises under the control or in the possession of such person. SECTION 3. Ali garbage shall be placed for collection in a receptacle made of medal or other non -absorbent material, with a close -fitting cover, and shall not be mingled with rub- bish. Said receptacle shall have a capacity of not less than two and one-half gallons, and at no time shall there be placed therein a quantity of garbage which shall make the total weight, including that of the recep- tacle, in excess of one hundred pounds. All rubbish may be placed in a receptacle for collection, and if not so placed shall be tied in bundles and shall not be mingled with gar- bage. SECTION 4. It shall be unlawful for any person to haul, or convey, or cause to be hauled or conveyed, on or over any of the streets, lanes or alleys within the City of National City, any garbage or rubbish without first having obtained from the City Council of the City of National City, a permit so to do, provided however, that in an emergency to be by him determined, the Mayor or the Health Officer of the City of National City is hereby authorized to issue a tem- porary permit for such hauling and disposal. SECTION 5. It shall be unlawful for any person to mingle broken glass or any poisonous substance with garbage. SECTION 6. Ilt shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage or rubbish on or into any street, lane, alley, public place, or vacant property within the said City of National City. SECTION 7. It shall be unlawful for any person to bury or burn, or cause to be buried or burned, any garbage or rubbish on properity owned by said person, or in any public street, alley, public place, or vacant property, or in or on any premises within said City of National City. SECTION 8. All receptacles or containers for the deposit of garbage 0-j"' rg 1:34 or rubbish shall be placed on the premises at or near the alley property lines and in such a position that they will be readily accessible to the gar- bage and rubbish collectors. Where there is no alley other than a blind alley in the rear of the premises, and there is a side entrance to such premises, each container, parcel or bundle shall be placed on the prem- ises at an accessible point near the street curb. Where there is no alley other than a blind alley, nor such side entrance, each such container shall be placed on the curb in front of the premises during the hours fixed for the collection of garbage or rubbish, but shall be removed within a reasonable time, and in no event longer than six hours after the cur- rent garbage collection has been made. SECTION 9. It shall be unlawful for any person other than the owner or occupant of the premises, or an officer or an employee of the City of National City, or the person hold- ing a contrast with the City of Na- tional City for the collection, remov- al and disposal of garbage and rub- bish, or the employees of such contractor, to take or empty any such garbage or rubbish container, or any garbage or rubbish, or to re- move any such container from the lo- cation where the same was placed by or on behalf of the owner or occu- pant, or to remove the contents from any such container. SECTION 10. The City Council of the City of National City shall, by resolution from time to time, pre- scribe certain hours for the collec- tion of garbage and rubbish, and all garbage and rubbish shall be made available for collection at such hours. SECTION 11. The City Council of the City of National City may, through its employees, collect and dispose of garbage and/or rubbish and be compensated for so doing by the persons served, in the amounts and in the manner and at the time to be fixed, from time to time, by resolution of the City Council. That said resolutions fixing the amounts and manner of compensation, shall be published once in a newspaper of general circulation in the City of Na- tional City. SECTION 12. The City Council of the City of National City, may enter into a contract on such terms as it deems proper with any person for the collection of garbage and/or rub- bish. Before letting a contract for so doing, the City Council shall call for bids and shall require all bidders to set out in their bids, among other things, the following: a. That no charge shall be made to the City of National City for the collection and disposal of garbage and/or rubbish from any property owned and operated by the City of National City. b. The amount to be paid to the City of National City for the fran- chise for the collection and disposal of garbage and/or rubbish. c. The monthly charge to be made to householders and different busi- nesses for the collection and disposal of garbage and/or rubbish. SECTION 13. Before entering upon his duties as collector of garbage and/or rubbish, the successful bidder shall post a faithful performance bond to the City of National City in the sum of $1,500.00. SECTION 14. By reason of the fact that there are within the cor- porate limits of the City of National City large tracts of land which are sparsely inhabited, and there is no need at the present time for the col- lection and disposal of garbage and rubbish on said tracts, the City Coun- cil of the City of. National City may, from time to time, by resolution, de- clare and define an area to which, and a period of time during which this ordinance shall not apply. SECTION 15. Any person violating any of the provisions of this ordin- ance shall be guilty of a misde- meanor, and upon conviction thereof shall be punished by imprisonment in the city jail for not exceeding one month, or by a fine of not exceeding $50.00, or by both such fine and im- prisonment. SECTION 16. All ordinances or parts of ordinances of the City of National City in conflict with the provisions of this ordinance are here- by repealed. SECTION 17. This ordinance shall take effect and be in force on the first day of July, 1949. SECTION 18. The City Clerk of the City of National City, California, shall be and she is directed to cause this ordinance to be published once in the National City News, a news- paper published and of general cir- culation in said City of National City. SECTION 19. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of National City hereby de- clares that it would have passed this ordinance and each section, subsec- tion, clause and phrase thereof irres- pective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared invalid or unconstitutional; and would have passed and adopted the same even though any pants, sections, subsec- tions, sentences, clauses or phrases that may be held invalid had been omitted therefrom. PASSED AND ADOPTED by the City Council of the City of National City, California, this 17thday of May, 1949, by the following vote, to -wit: AYES: Councilmen Adams, Curry, Matthews, Thatcher, Fritz. NAYS: Councilmen None. ABSENT: None. GILBERT E4 FRITZ, Mayor of the City of National City, California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Or- dinance this 17th day of May, 1949. GILBERT E. FRITZ, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 762 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Council of said and approved by the Mayor o s d City, on the day of May, it �.— O i Clerk of the City of National City, California. (SEAL) News: it; 5-27; Jno. 1967. AND I HEREBY CERTIFY that the same has been duly published ac- cording tow. City Clerk, City of National City, California.