In Re Pedrosian
Opinion
Lead Opinion
Harden, J.
Petitioner is detained by the chief of police of the city of San Bernardino by virtue of a warrant of arrest issued by the police court of said city based upon a complaint filed therein charging him as defendant with the violation of the provisions of Ordinance No. 1456 of said city. The complaint alleges that the defendant has unlawfully engaged in the business of collecting and removing, and that he has unlawfully collected and removed, rubbish from the exclusive zone of said city without having a contract with or consent of the city so to do, at a time when there was in force and effect, pursuant to said ordinance, a contract between said city and the Johnson Rubbish Company granting to said company the exclusive privilege of collecting and removing such rubbish.
Important provisions of the ordinance are:
It is made unlawful to deposit, collect or accumulate any rubbish in any open place within said exclusive zone save and except in receptacles provided for such purpose and approved by the chief engineer of the fire department. It is further provided that collections shall be made from the exclusive zone, at the expense of the person served, as frequently as required by and…