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1 ORDINANCE NO.~ 77 &
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2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 1698 ENTITLED IN PART "AN ORDINANCE DEFINING GARBAGE AND RUB-
3 BISH; REGULATING THE KEEPING, ACCUMULATION AND DISPOSAL THEREOF;
. . ."; DEFINING RUBBISH AND BY-PRODUCTS; AND PROVIDING FOR THE
4 STORAGE, REMOVAL AND TRANSPORTATION OF CERTAIN COMBUSTIBLE MATERIA
AND BY-PRODUCTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION ONE: Ordinance No. 1698 Section One is hereby
amended to read as follows:
"SECTION ONE: DEFINITIONS. The following words, terms and
phrases when used in this Ordinance shall have the meaning
ascribed to them in this section. The singular number shall in-
elude the plural.
The word "rubbish" shall be deemed to include but not be
limited to wood, leaves, shrub, trimmings, small tree branches not
to exceed 4 inches in diameter and 6 feet long thereof, shavings,
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ashes, and all waste material of every character whatever cOllecte1
or accumulated within the City of San Bernardino, except garbage,
swill, earth, sand, clay, gravel, loam, manure, stone, bricks, I
sawdust, excelsior, wooden ware, dodgers, printed matter, paper,
pasteboard, cardboard, corrugated cardboard boxes, grass, rags,
straw, boots, shoes, crockery, bottles, tin cans, metal vessels,
plaster, other refuse attendant to building, construction or re-
pairs, or tree or shrub trimmings as occasioned by the maintenance
or construction of public utility lines and like materials.
The word "garbage" shall mean and include table refuse,
swill, and offal, and every accumulation of animal, vegetable
and other matter that attends the preparation, consumption, decay
or dealing in or storage of meats, fish, fowls, fruits and shall
include all animal and vegetable refuse from kitchens and all
household waste that shall have been prepared from or intended to
be used as food, or shall have resulted from the preparation of
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food and shall also include all vegetable trimmings from markets
or stores. Articles and things not hereinbefore enumerated are not
included in the term "garbage", to wit: dead animals over five
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pounds in weight, dish or waste water, paper and other combustible
or inflammable material, crockery, glass, cans, tins, ashes, wire
and sweepings and like materials.
"By Products" shall mean and include (1) all material pro-
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duced, developed or generated incidental to the operation of any
business, which is not the principal object of production of such
business, but which material, due to its nature, can be sold by
the producer thereof at a price greater than the cost of hauling
such material to the point of delivery or sale; (2) all material
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which, due to its nature, can be sold by the producer thereof, at
the point of production, for a valuable consideration; and (3) all
such materials as the City Council, by resolution, designates as
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by-products.
"Garbage Collector" shall mean an agent or employee of the
City of San Bernardino or any person, firm or corporation or
association, or the agents or employees thereof, licensed by con-
tract or permit, to collect and transport garbage in the City of
San Bernardino.
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"Rubbish Collector" shall mean an agent or employee of the
City of San Bernardino or any person, firm or corporation or
association, or the agents or employees thereof, licensed by con-
tract or permit, to collect and transport rubbish in the City of
San Bernardino.
"Person" includes any individual, firm, co-partnership,
corporation or association."
30 amended to read as follows:
SECTION TWO: Ordinance No. 1698 Section Eight is hereby
31 "SECTION EIGHT:
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A. That no person, except the City Rubbish Collector
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or a person having the requisite license and permit provided for in
Section Eight or Eight and One-Half of this ordinance, shall remove
rubbish from any place or premises in the City of San Bernardino
or conveyor transport the same over the public highways thereof
except that any person in the lawful possession of any property,
other than a place of business, may collect and remove therefrom
and, in a vehicle owned or lawfully possessed by him, transport
any rubbish naturally accumulated upon such property so owned or
lawfully possessed by him.
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B. After and subject to the issuance of a permit by the
11 I Superintendent of the Refuse Disposal Department of said city, any
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12 i person may collect and remove or cause to be collected and removed,
13 pasteboard, cardboard, corrugated cardboard boxes and paper, which
14 must also be by-products as defined herein, from his local place
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15 I of business and transport the same in completely covered trucks
16 upon the public highways, provided that such described materials
17 have first been pressed and baled immediately and daily, except on
18 Sundays and legal holidays, by an approved mechanical or hydraulic
19 baler to a dry (20% moisture) density of IZ pounds per cubic
20 foot. Said baler shall comply with minimum specifications therefor
21 on file in the Refuse Disposal Department and shall be located in
22 an enclosed room or building on his premises and operated by his
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employees; and such collection, removal and transportation shall
be done at least each and every week and in accordance with the
rules and regulations of said Superintendent.
C. Any person may remove at least semi-weekly paste-
board, cardboard and corrugated cardboard boxes, which must also
be by-products as defined herein, from his local place of business
and transport at least semi-weekly the same in a completely
covered vehicle upon the public highway, provided that such person
shall first obtain a permit therefor from said Superintendent and
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1 shall comply with the rules and regulations of said Superintendent.
2 D. Such pasteboard, cardboard, corrugated cardboard boxes
3 and paper referred to in this ordinance shall be deemed to mean
4 combustible fibres as set forth in Article 7 of said Fire Preven-
5 tion Code of said city, and such collection, removal and trans-
6 portation and the storage of such combustible fibres shall be
7 I performed in compliance with Article 7 thereof and with other
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8 provisions of this ordinance and law and subject to the rules and
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regulations of said Superintendent and the Chief Engineer of the
Fire Department.
11 E. Said Superintendent may issue permits to individual
12 places of business to dispose of by-products subject to his rules
13 and regulations, provided that any by-product which is also a
14 combustible fibre as set forth herein or in Article 7 of the Fire
15 Prevention Code, shall be removed, stored, transported and disposed
16 of in compliance with Article 7 of said Fire Prevention Code and
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17 I other provisions of this ordinance and law and the rules and
18 I regulations of said Superintendent and said Chief Engineer.
19 F. Any person who desires to operate a privately owned
20 vehicle on the public streets for the collection, removal, trans-
21 portation or disposal of any rubbish, combustible fibres or by-
22 product must obtain a permit for such operation from said Super-
2~ intendent. No permit may be granted when such vehicle is not
24 provided with a tight cover and so operated as to prevent offensive
25 odors escaping therefrom and refuse, liquids and other material
26 from being blown, dropped or spilled.
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G. Any permit may be revoked or suspended by said Superin-
tendent for a violation of any provision of this ordinance or the
rules and regulations of said Superintendent or said Chief Engineer
subject to a right of appeal to the Mayor and Common Council in
accordance with prescribed procedures.
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1 H. Said Superintendent shall have the authority to make
2 reasonable rules and regulations concerning the storage, collec-
3 tion, transportation and disposal of rubbish, garbage, combustible
4 fibres and by-products by private persons as he shall find neces-
5 sary, subject to a right of appeal from his order to the Mayor and
6 COllllllon Council in accordance with prescribed procedures."
7 I HEREBY CERTIFY that the foregoing ordinance was duly
8 adopted by the Mayor and COllllllon Council
9. nardino at CV1V ~ ~AL&v
10 the-,PH day of {j~A-/~ / ,
of the City of San Ber-
meeting thereof held on
1966, by the following
11 I vote, to wit:
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12 I AYES:
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NOES:
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ABSENT: ~~~
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ordinance is hereby approved thisr~
day of
~ foregoing
~A/
, 1966.
/L'4 C-/J /~
Mayor 0 the City ot an erna ~no
z:;;:a::. J'
~ty torney
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~af~ ~:cL5
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