Ordinance No. 056 - Garbage and Rubbish DisposalORDINANCE NO. 56.
AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA,.
CONCERNING GARBAGE AND RUBBISH DISPOSAL AND
AMENDING THE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. A new Chapter is hereby enacted and
added to the Rosemead Municipal Code, as Chapter 4 of
Article V thereof, to read as follows:
"CHAPTER 4 - GARBAGE AND RUBBISH DISPOSAL
"5401., Le islative Polic . The City Council does
hereby finTnd etermine tat t e stroage, accumulation,
collection and disposal mf garbage, trash, rubbish, debris
and other discarded matter, goods and material is a matter of
great public concern, in that improper control of such matters
can lead to air pollution, fire hazards, 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 declares that the.regulations
in this Chapter provided are designed to eliminate or alleviate
such problems.
"5402. Definitions.
(a) Garbage. "Garbage", when used in this Chapter,
shall mean and include all animal and vegetable refuse and
waste matter originating in kitchens (residential and com-
mercial), stores, markets, warehouses and delivery vehicles,
and resulting from the handling, storing, processing, pre-
paring, preserving, selling or delivering fo meat, fish,
fowl or other animal food or from vegetables, fruits, melons
and other vegetable food, including vegetable trimmings and
vegetable or animal matter not fit for human consumption,
remaining in or coming from any market, store or other
place, private er commercial, where meat, fish, fruit or
vegetables are sold, processed, stored or handled.
(b) Combustible and Non-Combustible Rubbish. "Com-
bustible and non-combustible rubbish" shall mean a waste and
refuse capable of burning readily, including trimmings, lawn
trimmings, plants or flowergarden waste, wood, paper, straw,
packing materials, leather, rubber, clothing, bedding, books,
magazines, newspapers, rags and all other similar articles
which will burn by contact with flames of ordinary temperature;
and ashes, tin cans and bottles, glass, crockery, china, pottery,
metal wire, and other similar materials which are rejected by
the owner or producer thereof as worthless or useless, excluding
therefrom,
(1) Trunks stumps or limbs of trees exceeding
four (4) inches in diameter or three (3) feet
in length;
(2) Discarded household furniture, furnishings or
appliances, which are unusually large or weighty;
(3) Automobile parts and bodies; and
(4) Waste material resulting from building con-
struction, alteration or repair, rock, brick,
stone, cement, plaster, soil or sod.
(c) Miscellaneous Debris. "Miscellaneous debris",
as used in this Chapter, s a e deemed to include any and
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all trash, rubbish, debris or other abandoned or discarded
materials not otherwise provided for under the foregoing
definitions, or as expressly excepted therefrom, except
dead small animals, animal excreta and garbage.
(d) Combined Rubbish. "Combined rubbish", as used
in this Chapter, shall mean garbage, combustible and non-
combustible rubbish and/or miscellaneous debris, as herein-
before defined, deposited together in a single container
by the householder for collection and disposal.
(e) Householder. "Householder", as used in this
Chapter, sha1T mean a person owning, renting, or otherwise
holding and occupying a house or place of abode, including
a trailer, ^?artment or motel unit with kitchen, singly
or with his family.
(f) Storage. "Storage", when used in this Chapter
shall include the accumulating, maintaining, dumping, aban-
doning, storing, collecting or other gathering, stacking
or piling, other than in a mercantile building or in a
dwelling unit, which latter places shall be regulated by
the Fire Prevention Code.
"5403. Containers and Location.
It shall be the duty of householders to provide and
maintain containers as herein specified for the accumulation
and disposal of garbage, combustible and non-combustible
rubbish, miscellaneous debris or combined rubbish.
Garbage containers shall be of tight seamed leak-
proof metal construction, with a tight lid, and not to
exceed twenty-gallon capacity in size.
Containers for combustible and non-combustible
rubbish, miscellaneous debris and combined rubbish shall
have a capacity of not to exceed thirty-five gallons, and
when filled shall not exceed sixty pounds in weight. All
containers for combined rubbish shall be of leak-proof metal
construction with a tight lid.
Except when placed for collection as otherwise
• provided herein, no container of garbage, combustible and
non-combustible rubbish, miscellaneous debris or combined
rubbish shall be placed in any area, street, parkway or
other public place or upon any private lot or parcel of
land other than in the rear or side yard of improved lots.
115404. Same Addi.tional Provisions.
The following provisions shall apply in addition to
the requirements set forth in Section 5403:
(a) In the residential zones: Grass clippings,
small tree trimmings, brush and branches may be stored as
miscellaneous debris as hereinabove provided.
(b) In the commercial zones, receptacles must be:
(1) metal-lined and leak-proof,-and provided
with a metal-lined lid; or
(2) Constructed of non-combustible materials
and provided with a non-combustible lid; or
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(3) Approved by the Fire Department or its
representative as providing adequate protection
against fire hazard.
115405. Miscellaneous Debris. Containers and
,Locations.
Miscellaneous debris, unless accumulated or stored
in containers as hereinabove provided, shall be stored or
accumulated only in stacks or piles not in excess of 2 cubic
yards total, which stacks or piles shall be:
(a) Separated from any other stack or pile and
from any building, structure or other combustible material
by a sufficient distance so as not to create a fire hazard,
provided that in any event such separation shall at all
times be not less than five (5) feet;
(b) Shall not be located in any street, alley,
parkway, or other public place or in, or upon any vacant
or unimproved lot, and
(c) Shall be located only in the rear or side yards
of improved lots in a place shielded from winds which may
scatter the same and also shielded from the view of neigh-
boring properties and streets.
• "5406. Other Storage Prohibited - Private Property.
Other than as hereinabove set forth it shall be
unlawful for any person to dump or otherwise dispose of or
to store or accumulate any garbage, combustible or non-
combustible rubbish, mi-scellaneous debris or combined rubbish
on any private property in the City of Rosemead, except that
the storage of leaves, grass clippings and the like may be
permitted for the purpose of composting. The following
rules and regulations are hereby prescribed as health and
safety precautions for composting, and violation of any such
rules or regulations shall be deemed to constitute a mis-
demeanor.
(a) Location; Composting shall be
• or side yards of improved lots only, and she
located in any street, alley, parkway or otl
or upon any private unimproved lot, unless s
the improved property of the owner thereof.
(b) Contents: Composting shall cor
organic waste materials such as leaves, smal
clippings and other vegetable matter except'
(c) Receptacles: Composting shall
and maintained in either (1) a pit, hole or
depression excavated for such purpose; in w
contents shall always be maintained below n
ing ground level; or (2) shall be maintain
wood containers not in excess of three (3)
Such receptacles or pits shall not be maint
five (5) feet of any property line or strut
may also be maintained in open stacks or pi
excess of three (3) feet in height but only
such stacks or piles are maintained not les,
(50) feet from any property line or structu
(d) Covering and Maintenance: Corrall times be covered with at least one-half
soil, or other non-organic or chemical cove
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approved by the Health officer, designed to prevent the
harboring of rodents, the breeding of flies and the emission
of odors. All composting must be kept moist at all times
until decomposition is completed.
(e) Miscellaneous Rules: No hardwood branches,
second season growth, or other twigs, limbs or branches in
excess of one-fourth inch in diameter or two (2) feet
in length shall be permitted in any composting.
"5407. Public or Private Places.
Except as otherwise provided in this Chapter, it
shall be unlawful for any person to dump, discard, abandon or
otherwise deposit any garbage, combustible or non-combustible
rubbish, miscellaneous debris or combined rubbish in or upon
any public or private property within the City of Rosemead,
including any vacant lot or in, on or upon any public street,
alley, parkway, park or other public place or in or upon
any flood water channel, any channel or structure tributary
to any flood water channel, any easement or right-of-way for
flood water channel purposes, or in or upon any place in the
City where the natural flow of storm water might carry the
same to any such flood water channel or structure.
"5408. Duration of Storage.
It shall be unlawful for any person to store or
accumulate any garbage, combustible or non-combustible
rubbish, miscellaneous debris or combined rubbish in any
container or at any location other than as hereinabove set
forth, or for any length of time other than as follows:
(a) Garbage, Garbage shall not be accumulated or
stored for a period of time in excess of:
1. Commercial zoned areas - forty-eight (48)
hours. (Sundays and holidays excepted)
2. All other areas - Five (5) days.
(b) Combustible or non-combustible rubbish and mis-
cellaneous debris shall not be stored or accumulated for a
period of time in excess of one week, in any area within the
City.
(c) Combined rubbish shall not be accumulated or
stored for a period of time in excess of:
1. Commercial zoned areas - forty-eight (48)
hours. (Sundays and holidays excepted)
2. All other areas - Five (5) days.
"5409. Duty of Property owners re Collection.
Subject to the provisions of Section 5410 hereof, it
shall be the duty of every person in the City of Rosemead to
provide the method and means of the removal of any and all
garbage, combustible and non-combustible rubbish, miscell-
aneous debris and combined rubbish from any premises of which
he is the owner, occupant or person in charge or possession
within the time limits provided in section 5408, and failure
to do so shall constitute a misdemeanor.
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"5410. Franchise - Residential.
The City shall from time to time enter into exclusive
franchise agreements regarding the collection of certain trash,
rubbish, debris and other discarded goods and materials,
including garbage, combustible and non-combustible rubbish,
miscellaneous debris and combined rubbish from residential
properties. So long as said franchise agreement or agreements
remain in force, collection of the materials provided for
therein may be made in accordance with the terms and con-
ditions thereof, upon the basis of agreements between the
individual householders and the holder of said franchise.
115411. Collection and Removal.
(a) It shall be unlawful for any person to haul,
remove or carry any garbage or combined rubbish through,
upon or along any street in the City unless such garbage or
combined rubbish is contained in a strong, water-tight, or
metal compartment or receptacle having a tight-fitting,
rigid, non-absorbent cover and so constructed as to prevent
any water or liquid from falling, leaking or spilling, or
odor escaping therefrom and unless such compartment or re-
ceptacles, and the wagon or truck carrying the same, used
for carrying or hauling has been thoroughly cleansed within
twenty-four (24) hours before being used. It shall be un-
lawful to fail or.neglect to thoroughly cleanse such com-
partment or receptacles and the wagon or truck carrying the
same immediately after carrying or hauling garbage or
combined rubbish.
(b) No person shall for hire collect, gather, remove,
transport or carry any garbage, combustible or non-combustible
rubbish, miscellaneous debris or combined rubbish from any
premises in the City of Rosemead, over, on or through any
public street, alley or parkway of the City of Rosemead
without first having a City business license and franchise
with the City of Rosemead to collect and remove the same.
No such license shall be issued until the City Administrator
shall cause to have inspected and approved the collection
vehicles; provided, however, that any person dissatisfied
with a denial by or delay of the City Administrator may
petition the City Council for such business license, where-
upon the City Council shall investigate the matter and
issue its ruling thereon; provided further that no business
license which in any way conflicts with any franchise
granted by the City shall be issued.
(c) Any person may collect, transport or convey
garbage, combustible or non-combustible rubbish, miscell-
aneous debris or combined rubbish from any residential
premises of which he is either the owner or occupant; or
from any residential premises owned or occupied by a member
of his family, provided that such person shall not collect,
transport or convey any such material for hire.
(d) The foregoing limitations set forth in this
Section 5411 shall not apply to the hauling or disposal of
grass clippings, prunings, trees and other discarded materials
from a private residence; provided such materials shall have
been occasioned by and the hauling or disposal thereof is
incidental to a separate and distinct business operation,
such as that of tree trimmers, gardeners and builders.
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(e) No collector of garbage, combustible or non-
combustible rubbish, miscellaneous debris or combined rubbish
shall drop or spill or permit to be dropped or spilled any
such matter on any private or public property in the City of
Rosemead during the course of collection.
(f) Collection shall not be conducted by any person
other than between 6:00 o'clock A.M. and 4:00 o'clock P.M.
nor shall collection be conducted on Sundays or legal holidays,
provided that the foregoing limitations shall not apply to
any collection pursuant to paragraph (c) of this Section
5411.
(g) Each truck, van, trailer or other vehicle used
for collection for hire shall bear the name of the owner or
operator thereof set out legibly in letters not less than
three (3) inches in height and permanently imprinted on the
exterior door or paneling in a place readily viewable, in
contrasting color.
(h) No collection vehicle shall remain stopped or
standing on any public street for any period of time in excess
of fifteen (15) minutes at any one location, without first
having informed the Chief of Police or other officer desig-
nated by the City Council of the intention to do so.
(i) Every collection vehicle shall comply with all
laws, including the traffic regulations of this City, of the
State of California, and of other applicable agencies.
(j) No person shall collect, gather, remove, trans-
port or carry any garbage, combustible or non-combustible
rubbish, miscellaneous debris or combined rubbish for hire
from any premises in the City of Rosemead over, on or through
any public street, alley or parkway of the City of Rosemead
without first having furnished satisfactory evidence to the
City Administrator that such person carries at all times
public liability insurance with a company licensed to do
business in the State of California covering liability for
injuries or deaths and property damage, arising out of or
in connection with the operations of such person, in an
amount not less than $250,000.00 for injuries, including
accidental death to any one person, and subject to the
same limit for each person, in an amount of not less than
. $500,000.00 on account of one accident, and property damage
in an amount of not less than $50,000.00. The City Clerk
shall not issue any business license to any person who is
subject to the foregoing requirements and who fails to
comply therewith, and shall revoke any business license
issued to any such person who so fails to comply.
115412. Miscellaneous.
It shall be unlawful for any person to bury any
garbage, combustible or non-combustible rubbish, miscellaneous
debris or combined rubbish or to place the same in any hole
or excavation in the City, whether on private or public
property. The sweeping, washing, or placing of leaves,
clippings or similar debris into a public street or alley is
prohibited.
115413. Special Permits.
The City Council declares that there may from time to
time occur situations where unusual topography, land improve-
ments, or other conditions exist on any residential or
business lot which render some of the provisions of this
Chapter unnecessary in order to provide adequate protection
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against air pollution, fire hazard, rat infestation, the
breeding of flies, the orderly collection of rubbish, and
other problems relating to the health, welfare and safety
of the residents of this City.
It is therefore provided that any owner, manager,
occupant, or person in possession of any premises in this
City may file an application with the City Clerk for
exemption or exception from any of the requirements of this
Chapter. Such application shall be directed to the attention
of the City Administrator, who shall have the authority to
grant such exceptions after endorsing on such application
his findings as to the effect of such exceptions on the
intent expressed in the legislative policy of this Chapter
and as the same may relate to the orderly collection of
rubbish within this City. Such exceptions may be granted
by way of a special permit which shall be effective until
revoked by action of the aforementioned City Administrator,
upon which revocation the provisions of this Chapter shall
immediately be in force and effect with regard to such
premises; provided however that no exemption or exception
shall be granted as to Sections 5407 or 5411. Any person
dissatisfied with a decision or delay on an application for
exception by the aforementioned City Administrator may file
written appeal to the City Council; thereafter the City
Council shall consider such appeal and issue its decision
thereon which decision shall be final. The City Adminis-
trator may in his discretion refer directly to the City
Council any such request."
Section 2. Effective Date.
This Ordinance is hereby declared to be an urgency
measure necessary for the immediate preservation of the public
peace, health and safety, and shall take effect and be in
full force immediately upon its adoption, a declaration of
and the facts constituting its urgency being as follows:
The City Council does hereby find and determine
that the storage, accumulation, collection and disposal of
trash, rubbish, debris and other discarded goods and
materials including garbage, combustible and non-combustible
rubbish, miscellaneous debris and combined rubbish is a
matter of great public concern, in that improper control of
such matters can lead to air pollution, fire hazards, rat
infestation, insect breeding and other problems affecting
the health, welfare and safety of the residents of this and
surrounding cities. The City Council further declares that
the regulations in this Ordinance provided are designed
to eliminate or alleviate such problems; no ordinance re-
specting these matters has been heretofore adopted by the
City of Rosemead. The City Council hereby determines that
this present ordinance is essential for the immediate pro-
tection of the public safety, health and welfare.
Section 3.
The City Clerk of the City of Rosemead shall certify
to the adoption of this ordinance and shall cause the same to
be published within fifteen days after its passage in a
newspaper of general circulation published and circulated
in the City. V/-)
ADOPTED this day of January, 1961.
ATTEST: MAYO
CLERK
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