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ORDINANCE NO. of' tf .f"~-
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI-
NANCE NO. 1698 ENTITLED IN PART "AN ORDINANCE IEFINING GARBAGE AND
RUBBISH; REGULATING THE KEEPING,ACCUMULATION AND DISPOSAL THEREOF;
. . ."; IEFINING OCCUPANT AND RESIIENCE; PROVIDING FOR REFUSE
SERVICE TO ALL RESIIENCES AND THE COLLECTION OF REFUSE SERVICE FEES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION ONE: Ordinance No. 1698 Section One is hereby
amended to read as follows:
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"SECTION ONE: IEFINITIONS. 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
include 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, shav-
ings, sawdust, excelsior, wooden ware, dodgers, printed matter,
paper, pasteboard, cardboard, corrugated cardboard boxes, grass,
rags, straw, boots, shoes, crockery, bottles, tin cans, metal
vessels, ashes, and all waste material of every character whatever
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collected or accumulated within the City of San Bernardino, except
garbage, swill, earth, sand, clay, gravel, loam, manure, stone,
bricks, plaster, other refuse attendant to building, construction
or repairs, or tree or shrub trimmings as occasioned by the main-
tenance or construction of public utility lines and like materials. I
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 meat, fish, fowl, fruit 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 food and shall also include all vegetable trimmings from
1 markets or stores. Articles and things not hereinbefore enumerat-
2 ed are not included in the term 'garbage', to wit: dead animals
3 over five pounds in weight, dish or waste water, paper and other
4 combustible or inflammable material, crockery, glass, cans, tins,
5 ashes, wire and sweepings and like materials.
6 'By Products' shall mean and include (1) all materials
7 produced, developed or generated incidental to the operation of
8 any business, which is not the principal object of production of
9 such business, but which material, due to its nature, can be
10 sold by the producer thereof at a price greater than the cost of
11 hauling such material to the point of delivery or sale; (2) all
12 material which, due to its nature, can be sold by the producer
13 thereof, at the point of production, for a valuable consideration;
14 and (3) all such materials as the City Council, by resolution,
15 designates as by-products.
16 'Garbage Collector' shall mean an agent or employee of
17 the City of San Bernardino or any person, firm or corporation or
18 association, or the agents or employees thereof, licensed by
19 contract or permit, to collect and transport garbage in the City
W of San Bernardino.
21 'Rubbish Collector' shall mean an agent or employee of
22 the City of San Bernardino or any person, firm or corporation or
23 association, or the agents or employees thereof, licensed by
24 contract or permit, to collect and transport rubbish in the City
25 of San Bernardino.
26 'Person' includes any individual, firm, co-partnership,
27 corporation or association.
28 'Occupant' shall mean and include every owner of, and
~ every tenant or person who is in possession of, is the inhabitant
~ of, or has care and control of, an inhabited residence. For the
31 purpose of this definition, a residence shall be presumed to be
32 inhabited if water service is being furnished thereto.
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'Residencei shall mean any and all dwelling units, as
defined in Ordinance No. 1991 the iLand Use Zoning Ordinancei of
the City of San Bernardino, and any other building used for
residential, or dwelling purposes.
SECTION TWO: Ordinance No. 1698 Section Eight and One-
half is hereby amended to read as follows:
"SECTION EIGHT AND ONE-HALF: It is unlawful for any
person, firm or corporation, except an agent or employee of the
City of San Bernardino, or a person, firm or corporation excepted
under Section Eight hereof, or a person, firm or corporation
possessing the requisite business license and having obtained
from the Mayor and Common Council upon the recommendation of
the Superintendent of the Refuse Disposal Department a permit to
collect rubbish in accordance with the rules and regulations of
the Refuse Disposal Department as approved by the Mayor and
Common Council, or except a person, firm or corporation having
a contract awarded pursuant to Section Twelve, infra, to collect,
remove or dispose of rubbish within said City; provided that
a person, firm or corporation, having obtained said business
license and permit, may collect, remove and dispose of rubbish
only from the following locations: (1) motels and gasoline ser-
vice stations and (2) business, commercial and manufacturing
establishments within the business districts. Business, commer-
cial and manufacturing establishments as used herein shall mean
those business, commercial and manufacturing establishments
within the business districts, as hereinafter defined whether
located inside or outside said City, which are being served by
said person, firm or corporation at the time of the adoption of
this amendment, or March 26, 1962, whichever is earlier.
Business districts for the purpose of this ordinance
are defined to be the following districts and land use zones:
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C-l, Neighborhood Commercial District
C-2, Community Commercial District
C-3, General Commercial District
C-3-A, Limited General Commercial District
C-4, Central Business District
C-M, Commercial - Manufacturing District
M-l, Light Manufacturing District
M-2, General Manufacturing District
The rubbish accounts of business, commercial and manu-
facturing establishments which are being served by a person,
firm or corporation at the time of the adoption of this amencknent
may continue to be served by said person, firm or corporation
so long as he or it is continuously in business and complies at
all times with each and every provision of this ordinance and
of the rules and regulations of the Refuse Disposal Department.
Said accounts may not be sold, transferred or renewed and shall
terminate permanently when service is discontinued for any reason.
Said person, firm or corporation desiring to continue to service
said accounts shall register in the Office of the Superintendent
of the Refuse Disposal Department and shall provide names,
addresses and other relevant data pertaining to said accounts
as may be required by said Superintendent or the Rules and Regu-
lations of said Department within thirty days from and after
the effective date of this amencknent.
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SECTION THREE: Ordinance No. 1698 Section Nine is
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hereby amended to read as follows:
"SECTION NINE: The city shall collect and remove from
all places or premises rubbish and garbage which is contained
in receptacles or containers of the type, weight, or kind pre-
scribed by the Superintendent of the Refuse Disposal Department,
except approved bins mechanically emptied, placed along the
street curb in front thereof or along the alley in the rear
thereof, depending upon whether the prescribed route is along
the street or alley, except as may be otherwise permitted by the
rules of the Superintendent of the Refuse Disposal Department.
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1 The city shall also collect and remove from all places or premises
2 rubbish and garbage which has been placed for collection and
3 which by reason of its character cannot practically be placed in
4 such receptacles. Such receptacle shall not exceed 32 gallons
5 in capacity and the receptacle when filled with rubbish and
6 garbage shall not exceed 60 pounds in gross weight. Receptacles
7 shall be free from rough or jagged edges or surfaces which would
8 be likely to cause injury to persons lifting them. An approved
9 receptacle made of wood, cardboard or pasteboard is subject to
10 being collected and discarded as rubbish.
11 No person shall place or cause to be placed any receptacle
12 or rubbish or garbage in any public highway or alley at any
13 place or in any manner other than as is provided in this section,
14 or at any time other than on the days and times established
15 by the Superintendent of the Refuse Disposal Department for col-
16 lection of rubbish and garbage on the particular route. In
17 the interest of public safety no person shall permit rubbish
18 and garbage receptacles to remain on or immediately adjacent
19 to the street or alley after 7 :00 p.m. of the collection day."
20 SECTION FOUR: Ordinance No. 1698 Section Twelve and One-
21 half is hereby amended to read as follows:
22 "SECTION TWELVE AND ONE-HALF:
23 A. That the accumulation of garbage and rubbish
24 constitutes a menace to the health, welfare and safety of the
25 inhabitants of the City of San Bernardino, and an orderly and
26 regular collection of garbage and rubbish is necessary to pre-
27 vent the spread of disease, the creation of health menace and a
28 fire hazard.
29 B. The Coumon Council hereby finds and determines
30 that the periodic collection of garbage and rubbish from all
31 residences in the city benefits all occupants of residences in
32 the city, and therefore all occupants are made liable for the
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1 payment to the city of such garbage and rubbish collection fees
2 as may be from time to time established by resolution of the
3 Mayor and Common Council of the City of San Bernardino.
4 C. All fees established by resolution of the Mayor
5 and Common Council for the collection and disposal of rubbish and
6 garbage shall be collected by adding the same to the water bills
7 rendered to customers of the San Bernardino Municipal Water Depart-
8 ment whenever it is possible to do so.
9 D. All monies paid pursuant to the provisions of
10 paragraph C of this section shall be applied to satisfy the
11 debt for the total amount of the billing rendered by said Water
12 Department, including water, sewer and rubbish and garbage fees
13 and charges.
14 E. The fees for garbage and rubbish collection
15 added to said water bills shall be for the period covered by said
16 bills, and shall be payable at the same time and in the same
17 manner as such bills.
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F. For the purpose of paragraphs C and E of this
section, the bccupant'shall be the 'owner' or his 'authorized agen~
as determined by the Rules and Regulations of the Board of
Water Commissioners.
G. Whenever it is not practicable to add said
garbage and rubbish fees to said water bills, the City Administra-
tor shall cause bills to be rendered for such fees. A deposit
may be required of any occupant whenever, in the opinion of the
City Administrator, such deposit is necessary to insure prompt
and satisfactory payment of the garbage and rubbish fees. In
the event that any occupant having to his credit a deposit for
said fees shall, for any reason, discontinue such service,
the deposit shall first be applied to pay for any garbage and
rubbish fees remaining unpaid and any remaining balance of the
deposit shall be refunded.
H. Any fees imposed by this section shall be a civil
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debt owing to said city from the occupant of the residence where
garbage and rubbish collection service is available. In the
case of multiple dwellings where said fees are not billed in
accordance with paragraphs C and F of this section, such charges
shall be billed to the landlord who shall collect the charges
levied against the occupants of the dwelling units located in
said multiple dwellings and shall transmit the amount so collect-
ed to said city. In the event said landlord fails to collect
any such charge from any occupant, said landlord shall be liable
to the city for the payment of such charges.
1. That the Mayor and Common Council shall provide
by resolution from time to time, rates for the collection of
rubbish and garbage, and provide for the levy and collection
of fees covering said charges."
SECTION FIVE: This ordinance shall become operative on
October 1, 1967.
SECTION SIX: Ordinance No. 1698 Section Eleven is here-
by repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Ber-
nardino at a?t-'4~~./,L,/ A~ meeting thereof, held
on the 2/d day of dr/u~ , 1967 by the following
vote, to wit:
AYES: Councilmen / V~~ ~~
~7?~ d/AI~~~~
NOES: A/./_,,':~A-?U ~_______ 4 _
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ABSENT:
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C r -t'~~
oved th~~day
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The foregoing ordinance
tZJf/LV--d ,1967.
of
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,,",ytlfr th~'Ddino
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Approved as to form:
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ch;~'~rj;/:/;./?d ~7
AUG 29 1967
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~. ~ELTON. City Clerk
~~.a~