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Home My WebLink About6A 0RDINAN'CE N0. 6 A AN ORDINANCE REGULATIN~ THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF GARBAGE~ REFUSE AND RUBBISH WITHIN THE CITY OF SARATOGA, AUTHORIZING AND PROVIDING 'FOR THE ISSUANCE OF LICENSES AND PER~.'IITS AND FOR THE MAKING OF CONTRACTS FOR SUCH COLLECTION, TRANSPORTATION AND DIS- POSAL, AND FIXING THE C0~ENSATION THEREFOR. The City Council of the Cityof Saratoga does hereby ordain as follows: SECTION l:1 / The City'COuncil d~es'he~eby establish certain health and sanitation rules and regulations for the collec- tion, transportation and disposalof refuse in order to promote the community welfare', convenience, h~alth and safety. SECTION 2: Definitions. Sec. 2. I Garbage: The~term "garbage" as herein used sha~l be construed to mean all classes of putrefactive and decomposable animal or vegetable matter, except as herein-otherwise classified. Sec. 2.2 Rubbish: Theterm "rubbish" shall m~an non- . ~ ~utres~bte solid wastes consisting of both conbustible and non-cunbustible wastes, including, but not restricted to, paper, cardboard, yard clippings, tree or shrub trimmings, grass clippings, wood, bedding,crockery, industrial and domestic solid waste and similar materials and trash. Sec. 2.3 Swill: The t'erm "swill" shall mean that particular garbake which is wholly or nearly so useable as food and having food value for animals er fowl~/accumulating from animal, vegetable or other matter :wasted f~bm clubs, hospitals, hotels, restaurants and public eating places. Sec. 2.4 Refuse: The. term "~efuse" shall mean and in- clude garbage, rubbish an~ swill, and any and all other solid or semi-solid waste products not other- wise defined other than domestic Sewage or. animal body.waste. ~ Sec. 2.5 Scavenger: The term "scavenger" shall be ~onstrued'to mean such licensed "' agent or independent contractor o~ the City of Saratoga who has ~ the duty to collect, receive, carry! transport and dispose of refuse in accord with the provisions of thms ordinance. Sec.'2.6 Congested Areaj: The term "c0ngested area" shall mean any area within the City of Saratoga where there are six o~ more houses or buildings suit- able for occupation by human beings as a place of abode, within an area of three adjacent acres. Sec. 2.7 Person: The term "person" shall mean any ~ institution, public or private cor- poration, governmental unit or jurisdiction, individual, company, firm, association, partnership or ~other entity. I SECTION 3: Sec. 3.1 All garbage created produced or accumulated in or about dwelling houses within a congested areas~ shall be disposed of as hereinafter provided at least once each week, and all garbage and other refuse created, produced or accumulated at hotels, restaurants, boarding houses or other busi- ness houses where refuse is accumulated, shall be disposed of as hereinafter provided at leasttwice each week. ' Sec. 3.2 All such r efus~ shall be dipsosed of by delivery ~o the scavenger authorized by the City of Saratoga to collect the same, and each person upon whose premises such refuse is created, produced Or accumulated shall, except as provided in Subsection 3.3 hereof~ cause the same to be placed in waterstight galvanized metal container of notless than lO no more than 32 gallons net capacity, ~which container shall be kept in a sanitary condition, continuously dlosed with a tight-fitting galvanized metal cover (except when refuse i~ being dumped into or removed therefrom), and located in such place as to be readily accessible for the removal and emptying of the contents of the same by the scavenger to whom the same shall be delivered. Sec. 3.3 The producer o? owner of refuse may elect to segregate rubbish from the garbage and swill and in lieu of placing the sameinca metal container as aforesaid~ place the same in a box or barrel!located next to the ~alvanized container, but the material so segregated shall be kept inca dry condition and in such a manner as~not to be offensive or attractive toflies and rodents and so as not to create a fire hazard. All cardboard and wooden boxes, except containers of rubbish under this section, shall be broken up so as to facilitate the collection and transportation of the same. Said rubbish shall be delivered to the scavenger in the same manner as the contents of the metal refuse container, and shall be considered an additional refuse con- tainer'for the purposes of the collection fee therefor for each twelve (12) cubic feet of such dry rubbish. Sec. 3.~ The scavenger shall providegarbage pickup ser- vice to all residents or establishments within congested areas and shall make rubbish collection service available in all areas served by garbage pickup service. Sec. 3. ~ The City Council reserves the right to establish by resolution a schedule of rates and fees to be charged any person for the collection and disposal of all types of refuse, and the scavenger shall have authority to collect all of said fees. SECTION ~: The City Health Officer may in his discretion make specific exceptions tothe requirements of Section 3,~ and may Upon proper~ application and showing by any p~rson that such person has a suitable s~niiary method of home or local disposal of certain types of refuse on the premises where the same is created,or produced, grant a special permit exempting such per- son from the mandatory provisionsI of this section. ! SECTION ~: It shall be unlawful 6o deposit, place or burn any type of refuselupon'p~blic streets, highways or alleyways or upon any public ~or pri~ate lot or park. Dry rubbish may be burned by owners or producer~ of the same omly with a permit from the authorized 0ffi~er of the Fire District within which the propert'y on which burnlfig"is contemplated is located and in incinerators of the type.and kind and at the hour as approved by said officer. No such burning shall create any denseZsmoke or offensive odor. SECTION 6: It shall be unlawful for any person'to collect or transfer, transport or carry any garbage or swill through any streets or ~ublic places in theYCity of Saratoga with- out a permit.from the H~alth Office~ or other designated official, unless such person is an agent or an employee of said City and is acting within the course and scope of his employment, or has been' awarded a contract by said City to act as scavenger. SECTION'7: The City Qouncil may by resolution award a.contract for the collection, ~emoval and disposal of any or all types of ref.use to any person which the Council believes best qualified and equipped to perform the work of a scavenger. Said contract shall' require the scavenger to collect, remove and dispose of all garbage and other refusein;the City of Saratoga'in accord- ance with the provisions of this ordinance and in conformity with such regulations as may in the.future be prescribed by the City Health Officer with the approval of the City Council, all garbage collections to be a minimum of once per week In congested areas and of twice per week from hotels,~res.taurants, boarding houses and other business houses where refuse~ls accumulated in such quantity as warrant the same, and'shall fix'the compensation to be paid the scavenger therefor. Each scavenger sh~ll be required to furnish a surety bond in the penal sum of $5000.00 condit.ioned upon the faithful performance of his contract, to Carry workmen's compensation insurance and to carry public liability and Rroperty damage insurance in amounts to be hereafter determined by the City.COuncil. Addition- al provisions of said contract shall not conflict.with any of the terms of this ordinance. SECTION 8: It shall be unlawful'for any person in any manner to interfere with the collection., transportatio~ or disposal of any refuse by any agent or employee of theeCity of Sara- toga while acting in the course an~ scope of his employment, or by the scavenger. SECTION 9: If any section, subsect.ion, sentence, clause or phrase of this Ordinance is for any reaso~ held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Counqil of the City of Saratoga hereby declares that it would~have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. SECTION 10: Any p~rson, firm. or~corporation who shall violate any provision of this Ordin~.~ce shall be deemed to be guilty of a misdemeanor and on conviction thereof shall be punishable by a fine of not to exceed Three Hundred ($300.00) Dollars or by imprisomment in the County Jail in Santa Clara County for not to exceed Ninety (90~ days or by both such fine and imprisonment. -3- This Ordinance was regularl~ introduced an~ after~the wait- time.requi~ed by law was thereaft!er passed and adopted 'on this . . ~t< day of February, 1957. AYES: Jepse~, LaDgwlll, Rosasco,' Willisms NOES None ABSENT: Brsz i 1 : The above and fo(egoing is a true and correct ATTEST: copy of Ord}nance ,.. ----_ which has' been Published according to law. '. t/ City Clerk Oe~ity~ r