Ordinance No. 91150
ORDINANCE NO. 91
AN ORDINANCE OF THE CITY OF CYPRESS RELATIVE TO THE
COLLECTION OF GARBAGE, TRASH, RUBBISH, WASTE MATERIAL, ETC
THE CITY COUNCIL OF THE CITY UF CYPRESS DOES ORDAIN AS FOLLOWS
GARBAGE
Section 1. PERMIT REQUIRED. No person shall remove or convey
any garbage upon, along or across any public street, alley, highway
or other public place in the City without first applying for and
receiving a permit therefor from the Council
Section 2: APPLICATION. Any person desiring to obtain a per-
mit to remove or convey any garbage upon or along any public street,
alley, highway or other public place within the City shall sign and
file an application with the Council, which application shall set forth
the name and address of the applicant and such other and farther infor-
mation as may be required by the Council
Section AGE CONVEL NCE: No person shall remove or convey
any garbage upon or along any public street, alley, highway or other
public place, within the City except in water tight vessels, tanks,
or wagon boxes constructed of steel, galvanized iron or other metallic
substance and mounted on wheels Every such vessel, receptacle, tank
or wagon box, while the same contains garbage, shall be securely and
tightly covered and closed in such a manner as to prevent the contents
thereof, or any odor thereof, or any odor therefrom escaping Every
such vessel, receptacle, tank, or wagon box shall be thoroughly
cleansed daily and disinfected at least once during each week.
Fvery vehicle carrying any such vessel, tank, receptacle or wagon
box shall be so loaded and driven that none of the contents thereof
shall fall or escape therefrom.
Section !+i REVOCATION OF PERMI`1: In the event that any person
holding a permit to remove or convey garbage upon or along any public
street, alley, highway or other public place within the City shall
violate any of the conditions of such permit, or any provisions of this
Ordinance or any other Ordinance of the City of the City of Cypress
that may now be in force or may hereafter be enacted, relating to or
regulating the collection, removal or disposal of garbage, or shall
remove or convey such garbage in an unlawful, improper or unsanitary
manner, it shall be the duty of the City Council, in addition to any
other penalty provided by this Ordinance, to revoke such permit issued
to such person If the permit shall be revoked, no permit shall there-
after be granted to such person to remove or convey garbage. No permit
granted pursuant to the provisions of this Ordinance, shall be assigned
or transferred without the consent of the Council, and no permit shall
be issued for a longer period of time than fifteen years.
Section 5: RECEPTACLE FOR_GARBAGE: No person shall dump any gar-
bage, table refuse or other similar substance in any box or other recep-
tacle, nor deposit the same in anything except a tight portable tank or
receptacle for holding garbage Each such vessel, tank or receptacle
shall be constructed of metal and shall be water tight and shall be so
constructed so as to contain not less than three gallons and no more
than sixteen gallons and of such shape and weight as may be easily
handled and shall be provided with handles, on the outside thereof and
with a tight fitting metal cover; and it shall be the duty of each owner
or manager of any boarding house, restaurant, hotel or eating house,
every person occupying a dwelling house and every other person carry-
ing on any sort of business in connection with which garbage is commonly
accumulated to keep a vessel or receptacle of the type as herein described
for holding garbage
Oreinance No. 91
Section 6_ RECEPTACLE. INTERFERING WITH: No person, except a
person holding a permit for the collecting of garbage shall interfere
in any manner with any vessel, tank or receptacle or the contents
thereof, or remove any such vessel, tank, container or receptacle from
the location where the same was placed by the owner thereof, or remove
the contents of any such vessel, tank or receptacle, nor place in any
vessel, tank or receptacle any substanc other than garbage
Section 7: DUMPING TRASH ON STREETS ETCH: No person shall dispose
of or dump upon any public property, street, or alley of the City or
upon any property of another, except such property as may be provided
and set apart for such use by the City, any tin cans, bottles, junk,
trash, or rubbish, or any waste matter of any kind or composition
The Council may enter into a contract for the collection and disposal
of said material and rubbish, and may provide such rules for the regu-
lation thereof as it may from time to time deem best and necessary.
Lction 8: DUMPING TRASH ON PRIVATE PROPERTY. No person shall
dispose of or dump upon any private property within the City any tin
cans, bottles, junk, trash or rubbish or any waste material of any
kind or composition
Section 9: GARBAGE. DEFINED. The word "garbage" as defined
in this Ordinance shall mean waste animal and vegetable matter of
every kind and character, including such waste food, animal and veg-
etable matter as accumulates in hotels, restaurants, eating houses
and private homes in the kitchens and on the tables of such places,
and also including such waste animal and vegetable matter as accumu-
lates in meat market, grocery stores, and fruit and vegetable markets
The particular designation herein shall not be deemed to exclude the
general
Section 10: PERMI2: CONSIDERATION OF: When application shall
be made to the Council for a permit at herein provided, it shall be
the duty of the Council to consider the matter and it shall have a
right to grant or reject the permit asked for, and in the event a
contract with the City shall be in force and effect for the disposal
of garbage and rubbish, it shall be the duty of the Council to reject
such permit to anyone except the holder of the contract.
RUBBISH AND WASTE MATERIAL
Section 11: DEFINITIONS. Whenever in this Ordinance the follow-
ing terms are used, they shall have the meaning respectively ascribed
to them in this Section, to wit:
The word "rubbish" mean and includes tree and shrubbery trimmings,
lawn renovatings, grass, weeds, leaves, chips, paper, pasteboard, mag-
azines, books, rags, rubber, carpets, clothing, boots, shoes, hats,
strat, packing boxes and cartons, crates, packing material, and other
kinds of combustible rubbish, trash or waste material, which ordinarily
accumulates in the operation of a household or business Rubbish shall
not be deemed to include manure or waste from any poultry yard or stable
"Waste material" shall include and mean broken crockery broken
glass, ashes, cinders, shells, bottles, tin cans, metals, any other
similar non-combustible waste materials resulting from the operation of
a household but shall not include discarded automobile or truck bodies
or other bulky or heavy objects, and waste material resulting from any
manufacturing, building or construction operation
The word "container" shall mean a receptacle constructed of metal,
wood, or wood substitute with a solid bottom.
"Collection" - the operation of gathering together and trans-
porting to the point of disposal of rubbish and waste material
Ordinance No 91
Section 16. COLLECTION OF RUBBISH AND WASTE MATERIAL: The City
shall provide for the collection and disposal of rubbish from all
premises in the City at least once each calendar week, and for the
collection and disposal of waste material in the City of Cypress at
least once each calendar month Such provisions may be made either
by letting a contract for such collection and removal, or otherwise.
The City Manager shall have charge and supervision of such collection
and removal and shall prescribe and establish routes and days for
the collection and removal of rubbish and waste material from the var-
ious parts of the City so as to conform to the provisions of this
Ordinance, and may change the same from time to time When such
routes or days of collection are established or changed, he shall
give notice thereof in such manner as he deems best Every person
desiring to have the City collect and remove rubbish or waste material
from any premises in the City shall place and keep the same in such
receptacles as are required by this Ordinance
When the collection and removal of rubbish and/or waste material.
is desired, the receptacles shall be placed along the street curb in
front of the premises from which the rubbish or waste material is to
be removed, or along the property line of the alley in the rear of or
at the side thereof, according to the route prescribed by the City
Manager along such street, or such alley, on the days prescribed by
the City Manager for the collection of rubbish or waste material, as
the case may be, on such route No person shall place any receptacle
for or containing rubbish or waste material in any street, alley or
public highway of the City at any time or place other than as above
provided, or allow any receptacle for rubbish or waste material placed
by him in an, such street, alley or highway or found standing in any
such street, alley or highway in front of or at the side or rear of
the premises occupied by him to be or remain therein for more than
four (4) hours after such receptacle has been emptied by the agents,
serve+.nts or employees of the City or any contractor with whom it
has made a contract for that purpose
Section 17. TREES. LOGS. ROTO BODIES, ETC1 h liOVAL: Heavy
articles such as trees, logs, auto bodies, building materials of any
kind, grass from renovating, sod, dirt or similar material will not
be picked up on regular collection Arrangements may be made by the
City Manager for collecting this material and extra charge will be
assessed depending on amount of time required
Section 18: HOURS OF COLLECTION: Collection starts at 6.00 A M ,
commercial or industrial collections may be made earlier at any lo-
cation more than six hundred (600) feet from any residential area.
Section 19. TRASH BURNING: No person shall burn any trash,
material or rubbish within the City without having first complied
with all rules and regulations of the City, the County, the Air
Pollution Control District and the State.
Section 20: RATES: The rate for collection and disposal of
garbage or waste material or rubbish for premises in the City shall
be those rates which the City Council may determine and establish
from time to time by Resolution or by contract with a contractor
or contractors
Section 21: CONTRACT TERMS. If the City Council has the
collection and disposal of garbage, refuse, rubbish and other waste
material collected by an independent contractor or contractors, the
following terms shall be the minimum terms of any contract approved
by the City Council:
A Any contract let by the City Council shall not be
transferable unless said transfer is approved by
the City Council;
Ordinance No. 91
L. The contractor shall prepare and file with the City
Council not less than ten days prior to the beginning
of any service, schedules setting forth the days on
which the collection shall be made, together with a
map, in triplicate, showing the contractor's area to
be covered,
M. A11 trucks and equipment of a contractor used within
the City of Cypress shall be maintained at all times
in good mechanical condition and shall be clean and
uniformly painted and numbered Each piece of equip-
ment shall display a sign of the operating company and
telephone number in minimum lettering of three (3)
inches
The contractor shall not use any equipment in the per-
formance of a contract with the City which is older
than five (5) years in age, unless by express approval
of the City Council All equipment shall be subject
to inspection by the City Health Officials and the
City Manager and upon notice, given by either the
City Health Officials or the City manager, the Con-
tractor shall make the equipment available for
inspection,
N All truck bodies used by the Contractor for garbage
collection shall be constructed of metal and shall
be watertight. Each piece of equipment shall carry
at all times a broom and shovel to be used for the
immediate removal of any spilled material;
O The body of each truck shall have a metal cover
covering at least fifty (50) percent of the truck
body at all times and the remaining fifty (50) percent
shall be covered by an airtight, waterproof tarpaulin,
which shall be securely tied in order to cover refuse
when the vehicle is being used to transport its con-
tents to the place of disposal;
P The contractor shall so conduct his operations as to
offer the least possible obstruction and inconvenience
to public traffic or disruption to the peao?or quiet
of the area within which collections are affected In
accordance therewith, collection of rubbish, including
garbage shall not be made between the hours of 8.00 P.M.
and 6:00 A.M., provided that the City Manager may waive
such requirements when necessitated by conditions beyond
the control of the contractor,
Q. All containers shall be placed in an upright position
where found Containers shall not be deposited in the
roadway or on the sidewalk or adjoining property
The contractor, his agents and/or employees, shall not
throw garbage or rubbish containers from the truck
to the pavement, or in any other way wreck or damage
or roughly handle the same,
K Unless otherwise directed by the City Manager, all
collections of garbage and rubbish shall be made from
the curb along the street in front of each dwelling,
place of business or human habitation, except where
paved alleys exist in the rear of such properties, from
which properties, collections shall be made from said
paved alleys, provided, however, that this requirement
shall not apply to a blind alley;
Ordinance No 91
All definitions set forth in said Ordinance are here-
by made a part of these specifications;
X The Contractor at all times shall keep fully insured
at his own expense, all persons employed by him, in
connection with the contract as required by the
"Workman's Compensation Insurance and Safety Act" of
the State of California, and shall hold the City free
and harmless from all liabilities that may arise by
reason of the injuries to any employees of the con-
tractor who are injured while performing any work
or labor necessary to carry out the provisions of
this contract
The Contractor shall, during the life of the contract,
keep on file with the City Clerk evidence that the
contractor is fully and properly insured as reouired
by said Act
Y The Contractor shall in addition, deposit with the
City a Performance Bond guaranteeing the performance
of any contract, which he may have with the City
The Bond shall be in the amount approved by the City
Council.
Z The contract shall provide that the Contractor shall
pay to the City for said contract one hundred dollars
4100.00) per year
Zz The Contractor shall indemnify the City against, and
hold the City harmless from, any and all claims
asserted against the Contractor, on account of the
negligence of the Contractor or its employees, by
employees of the contractor or by third parties,
arising out of personal injuries and/or property
damage suffered by any such persons on account of
the operations of the contractor hereunder The
contractor shall provide an maintain in effect,
bodily injury liability insurance with limits of
not less than one hundred thousand dollars
44100,000.00) for death of or injury to one (1)
person, and three hundred thousand dollars
(300,000 00) for death of or injury to more than
one (1) person in any one accident, and property
damage liability insurance in the stated amount
of ten thousand dollars ($10,000 00) for each
accident. The Contractor shall have the City named
as an additional assured under each of the afore-
mentioned policies, and sy.ch policies shall be en-
dorsed to require ten (10) days written notice to
the City prior to any cancellation thereof The
Contractor shall furnish to the City, certificates
evidencing that the insurance required hereunder is
in effect.
Section 22. PENALTY CLAUSE: Any violation of the provisions
of this Ordinance shall be deemed a misdemeanor and any violator,
upon conviction thereof, shall be punished by a fine not to exceed
five hundred dollars 4500.00) or by imprisonment in the City Jail
of the City of Cypress, or the County Jail of the County of Orange,
for a period of time not to exceed six (6) months or by both such
fine and imprisonment
Ordinance No 91