In Re Sozzi

California Court of Appeal Sep 2, 1942 No. Crim. 1803Published

Before: Adams

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Holding. The court held that a sanitary district has the authority to grant itself the exclusive right to collect garbage within its jurisdiction as a valid exercise of its police power.

Issues

Whether a sanitary district has the authority to enact an ordinance granting itself the exclusive right to collect garbage within its boundaries.

Disposition. Writ denied and petitioner remanded.

Quotations verified verbatim against the opinion

“The gathering of garbage is not a trade, business or occupation in any proper sense.”

“it is well settled that a municipality may reserve to itself, through its duly authorized employees, the exclusive right to remove garbage accumulating within its limits”

ADAMS, P. J.

Petition for writ of habeas corpus.

Petitioner alleges in his petition that he is imprisoned and restrained of his liberty by the sheriff of Sacramento County, pursuant to a purported conviction in the Justice’s Court of Sacramento Township, County of Sacramento, of a violation of section 7, Ordinance and Regulation No. 1 of Hagginwood Sanitary District, in that he wilfully and unlawfully collected garbage in said district, he not then being a collector employed thereby; that on appeal to the Superior Court of Sacramento County, his conviction was affirmed, and that his conviction and imprisonment are illegal for the reason that section 7 of Ordinance and Regulation No. 1 of said Sanitary District is unlawful and void, and not within the power of said Sanitary District to enact. Said section 7 provides:

“On and after the 1st day of January, 1942, the District Board will provide a garbage collection service in Hagginwood Sanitary District. On and after said 1st day of Jan

[305]

uary, 1942, it shall he unlawful for any person, other than collectors employed by Hagginwood Sanitary District, by and through its District Board, to collect any garbage or waste in Hagginwood Sanitary

District;

and, on and after said date, it shall be unlawful for any person, firm or corporation to deliver or allow to be delivered to any person, other than such collectors employed by Hagginwood Sanitary District, any garbage or waste removed or to be removed from any premises in Hagginwood Sanitary District.”

It is admitted by petitioner that he collected garbage as charged, and that he was not employed by Hagginwood Sanitary District, by or through its District Board. The only question presented is whether section 7 of Ordinance and Regulation No. 1 of the Hagginwood Sanitary District is valid.

The formation of sanitary districts is provided for in division 6 of the Health and Safety Code. Government of such districts is vested in a board of five members. Its powers are defined in sections 6510 to 6522, inclusive, of the Health and Safety Code. Section 6518.5 provides: “It may collect waste and garbage.” Section 6521 provides: “It may make and enforce all necessary and proper regulations for: (a) The removal of garbage; (c) All other sanitary purposes not in conflict with the laws of this State.” Section 6522 provides:

In Re Sozzi

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ADAMS, P. J.

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