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ORDINANCE
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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
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this ordinance the following words shall be defined as hereinafter
set forth, to-wit:
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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
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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:
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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.
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SECTION 5: TYPE OF VEHICLE TO BE USED FOR GARBAGE COLLECTION:
It shall be unlawful for any person to use any vehicle for the
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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.
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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-
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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
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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
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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
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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:
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City lerk
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