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Ordinance 428 ..,t .~ .,. _..c ".. "-~1!:" 1~:"''';~#..; ~~.<~: "' '~'~:'~.tr"'t"l;t ie' >.~ ~ f. ._~~ "< .!!,..,.~..t~ N,. ,.'^\' ~:t: :~_....;;: 't';;"., '1'1' ::",'" ,.,,~ "'~~. '. ,It'" .,,". -~. ." . -:'",.',' 'y.' .' " ., ~",.~rt"',;si._w;" ;.. " ;<if,,\~\f\ ,,~. ~,(,.#~,...),.\..,;~,~,.~.,~~.".:,. .,'..'.,,:'.. ..~' ......!O..... ". ~.., ',.1,:; .' '.. .. ""~ ;iP'.~-,'.{"~.. '. ..~'. .' :,";.""'-:' ,):;, f . .,..' ." .," " : ~ . ~-::..,lt . - ,,,,,r "'...:.'~: . __ ; 1r":_...~. ."" '. ,'''V'.' ".. ~:~ ~,):' \ . "r. "',~ " - '.' .:t~-, ~', SIr .~~. : "",.._ ,~.!.\,,',.. ~',4Z....." .. .....:'fl'~,;~., " ".t : ,". '~......." '. '~"":..:o;F,.' . ": ,,' '......... ,:"" . ','..':0.:'/ ~. ~\",. '., "; ...... :..\1':'. 'i:I.... -,', ..'>A.I'''....f/. .' ,,' . . ....J ~~~l?;~...~:~r./.:.~~t> ~~.'.s,;;;;~>/., ~ '. ..':.'i~. '..;. .j:......,~.... .~..;..i\:.:.:,.: '."; iP.t! 'V' ORDINANCE NO~ AN ORDINANCE DEFINING OFFAL, REFUSE, GARBAGE AND DEBRIS, AND PROVIDING FOR THE CLASSIFICATION OF THE SAME; RESERV- ING THE RIGHT UNTO THE CITY OF GILROY FOR THE REGULATION, COLLECTION, TRANSPORTATION, AND DISPOSAL THEREOF, AND FIX- ING THE MAXIMUM PRICES TO BE CHARGED; PROHIBITING THE COL- LECTION, TRANSPORTATION, OR DISPOSAL OF OFFAL, REFUSE GAR- BAGE AND DEBRIS IN ANY OTHER MANNER THAN AS HEREIN PROVIDED; AND PROVIDING FOR THE INSPECTION OF PREMISES; PROVIDING A PENALTY FOR THE VIOLATION OF THE TERMS AND CONDITIONS HEREOF; AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREV1ITH. BE IT ORDAINED BY THE COMTJlON COUNCIL OF THE CITY OF GILROY: SECTION 1: The City of Gilroy, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagrations, reserves unto it- self the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all offal, refuse, garbage and debris produced or found within the corporate limits of the said city; and it is hereby declared to be unlawful for any person, firm or corporation, except as in this ordinance provided, to collect, transport or dispose of any offal, refuse, garbage or debris within said city, except as herein provided. SECTION 2~ DEFINITION OF TERMS: (A) For the purpose of .,. this ordinance the following words shall be defined as hereinafter set forth, to-wit: ".1 , .~ .i'; . i;,-g '., "f II i::~i;ii~"~'~'''''';'':'''''''';~~I'liilIIliO-Gli,;;,..~,!,.,:r..I'.",~;:;;:,;;,)1 lH"I;;;:-;<,,,,-_'-i....1>*'r4..=1;;$'iiW\l',,,,-,;n:i""'''''I'l;q'if,~'\.:," _..."'j":;;;:':~'...iii-:;F;7;-:~-'-f'-T",' :.:: :r--- '-'" -- ~ '-.-J () '~ ", /;'S- PERSON is hereby defined to mean huraan beings, corporations, partnerships, and associations of persons. REFUSE is hereby defined to mean and include debris, garbage and rubbish as hereinafter def.ined; discarded or abondoned used clothing, bedding, mattresses, carpets, linoleum or oil cloth, sweepings or cleanings from buildings, yards, lawns, or gardens; used and discarded empty bottles, tin cans or containers; broken crockery and glassware; old discarded or abandoned metals, wires, packing or wrapping materials; ashes or broken bricks, or any other discarded, abandoned or useless matter which, by its pre- sence or accumulation may injuriously affect the health, comfort safety or convenience of any portion of the community by increasing the danger of disease, injury or damage to person or property, or hazard by fire; and shall include all other organic or inorganic matter rejected, abandoned or discarded by the owners or producers thereof as useless or offensive. GARBAGE is hereby defined to mean all kitchen and table leavings or waste, offal, swill, and all discarded accumulations of animal, vegetable or other matter resulting from the prepara- tion or consumption of food or food-stuffs, or the storage of, or business of dealing in, any of the same; also abandoned dead animals. RUBBISH is hereby defined to mean all classes of combustible refuse. SECTION 2: DUTY TO PROVIDE MErAL RECEPTACLES FOR GARBAGE: (B) It shall be the duty of every ovmer, tenant, lessee or occupant of any private dwelling house, or the proprietor, manager, owner or lessee of any hotel, restaurant, cafe, boarding house, rooming house or other public place of business in the city of Gilroy, to provide a galvanized iron or other metal garbage receptacle, with cover of -2- ""''''<'ll''~Whi"*,,,l!c'~:_' 1,1 ' 1_; '~'~~liI'~~.l'Ill. '(.!t"_'liM_ '_I"l' ii'l.I".I""_l"W'l;;~~.iilJI;f' ,.j; 'II~ -~';i"" i.-~; '! -t,i A;,j"~;!~!liH,.IiO~lWi'iflk""'~"l>l#'~"'1H'M""rij!il~~*,';;r"j;:*HI;<li!""'" ;: i~"in<:i~ijir;;i;,;:: ~ ~~ ~". -.... --' ~,1t;:-... 1 ''I, t " ,..""." "'~ t' ........ the same, for receiving and holding all the garbage produced, cre- ated or accumulated upon such premises between the times for the collection of garbage as hereinafter provided, and shall deposit such garbage therein. All such receptacles shall be at all,times kept in a sanitary condition, and shall be located in such place as to be readily accessible for removing and emptying the samel but shall not be placed within the limits of any street in said city, or anywhere so as to constitute a nuisance. SECTION 3: DlJJ.1Y TO PLACE RUBBISH IN SEPARATE RECEPTACLES: ! -- It shall be the duty of every tenant, ovmer, lessee or occupant of ~~y private dwelling, or proprietor, manager, ovmer or lessee of any hotell restaurant, cafe, boarding house, rooming house or other public place of business in the city of GilroYI to provide a separate box or receptacle for the purpose of keeping all rub- bish and dirt accumulated therein, and it shall be the duty of each such person to place all rubbish or dirt as in this ordinance defined, in such separate receptacle so provided for said purpose. SECTION 4: TIMES FOR COLLECTING GARBAGE AND RUBBISH: All garbage accumulated at any private dwelling house or residence in the city of Gilroy, shall be removed by the garbage collector at least once each weekl or oftener if necessary. All garbage accumulated at hotels, restaurantsl boarding houses or business houses, shall be removed by the garbage collector at least six times each week; all rubbish accumulated at private dwellings, residences, hotels, boarding houses, restaurants, or business houses in said citYI shall be removed by the garbage collector at least once each month or oftener if necessary. i SECTION 5: TYPE OF VEHICLE TO BE USED FOR GARBAGE COLLECTION: It shall be unlawful for any person to use any vehicle for the -3- 1,","'1",1,;;'1 ","'~..,'"",*r';" '~"I!"iI"';"~"~''1''''''',.,,'''l.-''!" ;H!I~ ~ ""i'M1o\;;Ofi"<#i~liI,4., ~ ~ IhO ~~ t\ \ i/ ,;;".".l~;:i."";';,,,'iFIo;jlf'. ; -.~ "",of'" :; JIll" ,~i i ... ,:t 7' "'-" ...-., collection or conveyance of garbage or refuse unless the same is staunch and tight and so constructed as whOlly to prevent the leakage of or loss of any liquids or solids carried therein, and all such vehicles used for the transportation of garbage shall be provided with a suitable cover approved by the building in- spector of said city. SEcr:nON 6: UNLAWFUL TO ALLOW RUBBISH TO ACCU1vlULATE ON PREMISES: It shall be unlawful for any person, ovmer or occu~ pant of any building, lot or premises in the city of Gilroy, to suffer, allow or permit to collect or remain upon such lot or premises or in such building any waste paper, straw, broken glass or crockery, rubbish, garbage, debris or other waste matter of any description, including dry grass or weeds within two feet of any fence or building, but the same must be collected and removed within the time and in the manner herein provided. SECTION 7: UNLAYvFTJL POR ANY PERSON' TO ENGAGE IN BUSINESS OF COLLECTING OR TRANSPORTING GARBAGE OR REFUSE MATTER \~THOUT A PEID~IT: It shall be unlawful for any person to engage in or carryon the business of collecting, removing or transporting garbage or refuse matter as herein defined, in the city of Gilroy, without first entering into a written contract with the said city of Gilroy for such purpose and obtaining a permit from the Common Council of said city to engage in or carryon said business; and in addition thereto, filing a bond in favor of the city of Gilroy in the penal sum of One Thousand Dollars conditioned for the faith- ful compliance and performance of and with the terms of such con- tract and with the provisions of this ordinance, on the part of such person engaging in or carrying on said garbage and refuse collecting business. -4- <' !".>" ,',..,ii'r........""'';O;..''''':...,...''',~''H''..;;"'~_k ..,~,.~".,.,,-_'I,,"*....!ilIi-:iHtj~...";j'M~.,. ,;'0.., "",,;,<~,,,,,,_,~,,,,,,;~",,....,,~,~,,,,...,,,,-'~i!'->' '+i1I!,"~,;;w. .,'......."':w~,Ii*';~I"l'"4<-1@.i<l<l;.11l4~1~"i/';". ij:.; -~;C-'W--;- '--- . ].,', ,!',~~;;~:<i~"+;;::;r~F"-::;I" ,.,,,,.., ,""'.. ~"f'1l. .", \ ~" i..~\ ~'i ........ ~ '--' .. SECTION~: All garbage, refuse and rubbish collected by the Garbage collector shall be transported by him to the Gilroy City Garbage Dump for disposal, with the exception of automobiles, automobile trucks, vehicles, tractors, machinery, implements, iron and metals (but not excepting small tin cans, with the content capacity of less than a gallon), which shall be transported for disposal to such other dumping grounds as the City of Gilroy shall from time to time direct. SECTION 9: COUNCIL TO HEAR COMPLAINTS: The Common Council of the city of Gilroy shall have authority to hear and determine any and all complaints by any person against the garbage collector holding contract with and permit from said city, for the collection of garbage and refuse within the corporate limits of said city, and to cancel said contract and revoke said permit, for the in- solent or threatening conduct or failure of such collector to collect refuse and garbage in accordance with the provisions of this ordinance of any amendment thereto, or in accordance with the provisions of any contract in force between said City and such collector, or for any violation of any sanitary regulations or rules made by said Council, or health officer of said city, pur- suant to the provisions of this ordinance; and in addition thereto said Common Council shall have the right to declare the bonds of said collector forfeited to the city of Gilroy and the city attorney of such city is hereby authorized to take such legal proceedings as may be necessary to effect a collection of the pe- nal amount named in said bond for and on behalf of the said city. SECTION 10: CONTRACT NOT ASSIGNABLE: The contract and license permit herein provided for shall not be assignable by said garbage collector to any person or persons whomsoever except by the written consent of said Common Council. Upon a discontinu- -5- ;', ':*'i~,{ii"lii;;,:.!r,..i';<t'iJi" i!,I, -1'1 ~:i'l, h' -',- il~~r"-':-'-"~'-_'__"~-".'!ii_"'_""'::":i-,;.q"'F-lIi'QO '1';;r~'F' :-,~- ,+,,,, <'-, "",;1,-".,- ..,.n-;~;',,",,~,",~i"''',,;iliJ:;j,," ;_-_I;ji. 'll"jf!O~~;ll9o>~,~.i~ii ; . .' } ~ ~ , ~ 1 :";;;; J >Wir..-Ji:,:1T..,,!:jr: .,#,>'''''.... ...""'" . ..~ l' . .-'~,-" ""'..... "'-'" ~"'~'iP~ ~l ,~ ance of business by the person to whom said contract is awarded and permit issued, said permit shall be im.mediately taken up by the city clerk, who shall cancel the same of record in his office. SECTION 11: GARBAGE COLLECTOR TO CALL REGULARLY FOR GARBAGE: The garbage collector shall call regularly as provided in this ordinance, at the dwellings, restaurants, hotels, boarding houses, business houses, and other places where garbage is produced or created in said city, and collect the same therefrom; such gar- bage shall be removed in a manner as not to be needlessly o~en- sive to the senses, or filthy in relation to any person, place, building, premises or highway: SECTION 12: PLACE FOR KEEPING GARBAGE RECEPTACLES: In all cases of dispute, or complaints arising as to or concerning the place where the receptacle containing garbage shall be placed ~ ' awaiting removal thereof by the garbage collector, the health officer shall forthvdth designate the place for the same and his decision shall be final. SECTION 13: PRICES TO BE CHARGED FOR COLLECTING GARBAGE AND RUBBISH: It shall be unlawful for any garbage collector to charge any person, as herein defined, any sum of money in excess of the prices hereinafter set forth for the hauling and collection of any garbage or rubbish in said city, to-wit: FOR GAREAGE COLLECTION ONLY Three cubic feet or less: One collection weekly, $.75 per month Two collections weekly, $1.00 per month Collections daily, $1.50 per month For each cubic foot of garbage in excess of three cubic feet: Ten cents per cubic foot additional for one collection weekly Ten cents per cubic foot additional for two collections weekly Five cents per cubic foot additional, for cellections daily FOR RUBBISH COLLECTION ONLY One barrel or less: One collection weekly, $.65 per month -6- ~~~'-W.il>;r"",~~_'-WAjl'!ji~.;ijliil~flil!Jloiflhii<III.,~I~nl ; ~jijt ,~i, .,-';;ijiif,Fj;::'!:i:f:-- c.~~ .'-\'. ........." #.~,-' ., -1 . '70 Two collections weekly, $1.15 per month Three collections weekly, $1.50 per month Collections daily, $2.50 per month One to two barrels: One collection weekly, $1.00 per month Two collections weekly, $1.50 per month Three collections weekly, $2.00 per month Collections daily, $3.00 per month Two to three barrels: One collection weekly, $1.25 per month Two collections weekly, $2.00 per month Three collections weekly, $2.50 per month Collections daily, $4.00 per month Three to five barrels: One collection weekly, $1.50 per month Two collections weekly, ~;2~25 per month Three collections weekly, $3.00 per month Collections daily, $5.00 per month One half load: One collection weekly, $5.00 per month Two collections weekly, $6.50 per month Three collections weekly, $8.00 per month Collections daily, $12.00 per month Daily collections for the purpose of this ordinance means collection daily except Sundays and holidays. One full load (Not to exceed 2t cubic yards) at any time, $3.50 Where garbage is kept upstairs at apartment houses and room- ing houses, an extra charge of fifty (50~) cents per month shall be made. Where rubbish is so placed as to make it difficult of access and requiring additional time for its removal and collection, an extra charge shall be made at the rate of $1.00 per hour. SECTION 14: MISDEMEANOR TO OBSTRUCT GARBAGE COLLECTOR IN It shall be unlawful for any THE PERFORWlAN CE OF FITS DUTIES: person, as defined in this ordinance, to hinder, threaten, impede or obstruct any garbage COllrctoi holding a permit as provided in this ordinance, in the performance of his duties as defined herein. SECTION 15: FACILITATE ENFORCEMENT OF TFITS ORDINANCE: To facilitate the enforcement of this ordinance and to carry out the true intent and purpose thereof, it shall be lawful for the city -7- ""'ll~MI~ '",' ... "1.1 ,,","_':#Ii.""""~;;''ijIiij-,..,.~1.if''~jii.f'-''"'"'i'' ., .lj ~,>>.r' ~~. .. >, . '. , ,'" ~~ . " " :, .' ...:.' ! :: ~ . .~ :; :. ' . ",' ~ ),~,," ~ ~ :;. :~ . I , ' :'O'~ \-;."" ~ . .. ... ,.. ~- ':... l' <<t"., #.~. ,r- " . ~:".""""71 ~::' :~' l; '" . .. '~llJ ,'1,'t "t.' ...; ,.... " "'~'::L;'\"':':: ,., ./ . health officer, fire chief or any peace officer of the city of Gilroy to enter any hotel, restaurant, or public place or yard, or outer buildings of any public place or private residence, for the purpose of ascertaining the sanitary condition thereof, and the removal of unlawful or dangerous accumulation of refuse there- in or thereon; and the fire chief, the members of the police de- partment and health officer of the City of Gilroy are hereby authorized and directed to enforce the provisions of this ordin- ance; and any person denying or obstructing such entry or in- spection shall be guilty of a misdemeanor and subject to the punishment herein provided. SECTION 16: VIOLATION AND Pl~ISmmENT: Any person, firm, partnership, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the City Jail for a period of not more than thirty (30) days, or by both such fine and imprisonment. Each day or fraction thereof any person, firm, partnership or corporation shall violate any of the pro- visions hereof shall be considered separate and distinct offenses. SECTION 17: ORDINANCE IN CONFLICT: All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. SECTION 18: This ordinance shall take effect and be in force from and after its passage and approval. ADOPTED AND PASSED this 3rd day of January , 19~, by the following vote. AYES: NOES: ABSENT: Councilmen:George C.M11ias,Jr.,Jack Rogers,James Battersby,George A.Mart1n,George M.Mason. Councilmen:None Councilmen:Nat Heiner Attest: . G.u...~ City lerk -8- -~'~'--'-~,:rij;:;-::~F~~'~~jj&',;m~~t-'lJmM;lj'l!llf ~ JIfliiI;r~jN,;~"'''''''i'lI'O;:;f';;O;''''''';;'':"'lll;f''Ii'!'''''';-;:f~,i"",'4.l;j;",',;",."':l''"Mi.....'''''~'''~~iii~..~.iOl't*.!tll!i~t~;',!i'.;;J-tlfIilifi;,jiil'llf.-ll _ R'fiiilJlJjlllJfi.,~'"i'.lI'lf~..:m~lJ,l"'7 .iHl:,lli ,.jNMllwJ .jiiij;"""'-'