HomeMy WebLinkAboutCC ORD 1949-762 Garbage disposal (Repealed by 992)762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.