As used in this chapter, the following words shall have the meanings given in this section:
"Commercial unit"
means any occupied premises specifically utilized for the purpose of engaging in commercial activity as defined in Chapter 18.44 of this code.
"Industrial unit"
means any occupied premises specifically utilized for the purpose of engaging in industrial activity as defined in Chapter 18.48 of this code.
"Organic waste"
means solid waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 California Code of Regulations (CCR) Section 18982(a)(46), as amended. Biosolids and digestate are as defined by 14 CCR Section 18982(a), as amended.
"Recyclable materials" or "recyclables"
means newspaper, cardboard, mixed color paper, white paper, junk mail, magazines, telephone books, paper bags, cereal and food boxes, egg cartons, plastic bottles and containers labeled #1-7, plastic milk containers, detergent containers, clear, brown and green food and beverage container glass, cans of aluminum, steel, tin, food cans, empty aerosol cans, pipe tins which have been separated from solid waste and organic materials prior to collection. "Recyclable materials" shall also include those materials described in the collection contract entered into pursuant to Section 9.20.100 of this chapter.
"Recycle" or "recycling"
means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
"Residential unit"
means any occupied premises having bathroom or toilet, and kitchen plumbing facilities, suitable for residential occupancy by a number of persons living together as a single family, including single-family dwellings, and each group of occupied rooms constituting living quarters for a single family in any duplex, triplex, apartment, court or other multiple dwelling structure, by excluding any living or sleeping quarters in hotels, apartments, rooming houses, motels or auto courts where kitchen facilities are not provided. For the purposes of this chapter, a premises with five or more residential units is multi-family residential.
"Solid waste"
means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
"Solid waste"
does not include any of the following wastes:
1. 
Hazardous waste, as defined in Section 40141.
2. 
Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
3. 
Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.
(Prior code § 4-4.04; Ord. 2019 § 1, 2011; Ord. 2226 § 3, 2021)
Except as otherwise provided in this chapter, each and every "residential unit," "commercial unit" and "industrial unit," as defined in Section 9.20.010 of this chapter, shall have solid waste, recyclables and organic waste service by the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter. To provide such service, the city may grant a franchise for the exclusive right to collect, transport, dispose of and recycle, as applicable, solid waste, recyclable materials and organic waste produced and accumulated within the limits of the city as provided in this chapter.
(Prior code § 4-4.05; Ord. 2226 § 3, 2021)
A. 
The city manager, or the community development director, shall cause all buildings or structures specified in Section 9.20.020 of this chapter within the corporate limits of the city to be visited from time to time, and the sanitary condition of the buildings or structures examined to determine whether the provisions of this chapter are complied with. Upon notification by a duly authorized representative of the city, all persons, including the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter, shall comply with the provisions of this chapter or be deemed guilty of a misdemeanor, or be subject to administrative citation as provided in Chapter 1.24 of this code.
B. 
In all cases of disputes or complaints concerning receptacles for solid waste, recyclables or organic waste and the place where they are awaiting removal of their contents, the quantities to be removed, the number of times of removal, and the rates charged, the city manager or the community development director, or their duly authorized agent, shall designate the place, quantity, time, manner and rates for such removal, and his or her decision shall be final.
C. 
It is unlawful for any person to in any manner interfere with the collection, removal or disposal of solid waste, recyclables or organic waste by the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter.
D. 
No person, firm or corporation shall dump, place or bury in any lot, land, street, alley or other public place, or in any waterway or elsewhere in the corporate limits, any garbage, trash, rubbish, manure or waste matter condemned by the city manager or community development director.
E. 
No solid waste, recyclables and organic waste shall be burned within the city limits unless such burning complies with the then existing ordinance of the city which regulates such burning.
(Prior code § 4-4.06; Ord. 2000 § 1, 2009; Ord. 2226 § 3, 2021)
It is a violation of this chapter for any person, except the person with the collection contract with the city, to remove solid waste, recycling and organic waste from any location within the city. Excepted from this prohibition is: (A) a donation of recyclable materials and/or organic waste when no fee is paid for removal of such materials; (B) a donation of food for food recovery, meaning actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Title 14 CCR Section 18982(a)(24), in compliance with state, county and local laws and regulations; (C) a contractor which removes solid waste, recyclables and/or organic waste using the contractor's own employees from a project site where the solid waste, recycling and organic waste was generated by that contractor; (D) a contractor which removes animal waste, animal remains from slaughterhouses or butcher shops, grease and/or used cooking oil; and (E) a contractor which removes solid waste, recyclables and/or organic waste from a public school, county facility and/or federal facility.
(Ord. 2038 § 1, 2012; Ord. 2226 § 3, 2021)
The city shall require each and every person in possession, charge or control of any residential unit or commercial facility where solid waste, recyclables and organic waste collection is required, to keep or cause to be kept, all solid waste, recyclables and organic waste in suitable and sufficient watertight carts or bins.
Such person, or designee, shall separate solid waste, recyclables and organic waste materials into appropriate carts or bins that are specifically intended for the separate collection of solid waste, recyclables and organic waste for the purpose of collection and processing. These carts or bins shall be adequate to contain the amount of solid waste, recyclables and organic waste matter ordinarily accumulating during the intervals between collections. All solid waste, recyclables and organic waste shall be placed in said carts or bins, unless otherwise provided by ordinance, agreement or resolution. Carts or bins shall be required to be kept in a sanitary condition by the owner and shall be covered to prevent access of flies to the contents thereof.
(Prior code § 4-4.08; Ord. 2226 § 3, 2021)
A. 
The city may make such regulations concerning the number and manner of collections of solid waste, recyclables and organic waste as it may deem necessary to carry out the provisions of this chapter, but in no case shall collection services less than once a week be permitted.
B. 
Times and dates of collection shall be according to a schedule prepared by collector and approved by the city.
(Prior code § 4-4.09; Ord. 2226 § 3, 2021)
A. 
Unless otherwise provided in a collection contract entered into pursuant to Section 9.20.100, solid waste, recyclables and organic waste collected in the city shall be hauled in all-steel-body motor trucks, and disposed or recycled in such a manner as not to be offensive to any reasonable person, or create an unsanitary or filthy place, building or highway. The truck bodies shall be constructed of sufficient strength to withstand fire within, without endangering adjacent property. Such bodies shall be washed at least once a week, shall be kept well-painted, and otherwise appear as neat as possible under the circumstances. All solid waste, recyclables and organic waste in the truck shall be completely covered with suitable covering when hauling solid waste, recyclables and organic waste between points of collection and place of disposal or recycling.
B. 
Unless otherwise provided in a collection contract entered into pursuant to Section 9.20.100 of this chapter, the name of the solid waste, recyclables and organic waste collector, together with collector's address and telephone number, and truck number, shall appear on the side of the trucks in letters not smaller than six inches high.
(Prior code § 4-4.10; Ord. 2226 § 3, 2021)
A. 
Unless otherwise provided in a collection contract entered into pursuant to Section 9.20.100 of this chapter, the solid waste, recyclables and organic waste collector shall dispose of, or recycle, as applicable, all solid waste, recyclables and organic waste outside of the city limits by fill and cover method in a place and manner that shall not be a nuisance to the inhabitants nearby, or reasonably objectionable to the city council. The place and manner of such disposal or recycling must also have the approval of the county health officer, the State Board of Health, and other regulatory agency, as applicable.
B. 
Organic waste may be fed to chickens and other animals on the premises where organic waste is produced, provided that said premises are always kept in a sanitary condition to the satisfaction of the city, and provided further, that the keeping and feeding of such chickens and animals shall at all times conform to the ordinances and regulations governing the same now in force in the city or which may hereafter be enacted.
C. 
Food recovery, meaning actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Title 14 CCR Section 18982(a)(24), is allowed in compliance with state, county and local laws and regulations.
D. 
All solid waste, recyclables and organic waste once collected shall become the property of the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter unless otherwise specifically stated in a written agreement between such collector and the city.
(Prior code § 4-4.11; Ord. 2226 § 3, 2021)
A. 
Upon the placement of recyclable materials in a designated recycling container at a collection location for collection by the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter, or in a public or private trash can, the recyclable material shall become the property of such collector.
B. 
No person, other than the person who generated such recyclable material or the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter, shall remove recyclable material which has been placed in a designated recycling collection location, or in a public or private trash can. Any and each such removal in violation hereof from any designated recycling collection location, public trash can or private trash can shall constitute a separate and distinct offense.
(Ord. 2019 § 1, 2011; Ord. 2226 § 3, 2021)
A charge shall be collected by the collector with a collection contract entered into pursuant to Section 9.20.100 of this chapter pursuant to a rate schedule adopted by resolution of the city council. The rate schedule shall be incorporated in any contract entered pursuant to this chapter.
(Prior code § 4-4.12; Ord. 2226 § 3, 2021)
A. 
For the exclusive privilege of collecting, removing and disposing of all solid waste, recyclables and organic waste in and from the city, a contract shall be entered into by the city subject to the terms and conditions of this chapter. The city council by resolution shall have the power to provide for the inclusion in such contract of such terms as it may deem necessary to protect the best interests of the city.
B. 
In awarding a contract under this chapter, the city council shall consider the type of equipment to be used, the amount of money offered, the responsibility and past experience of the persons making the proposal.
C. 
An award of such contract shall confer upon the person to whom the contract is awarded, the exclusive right, during the terms of the contract, to collect, transport and dispose of solid waste, recyclables and organic waste produced or accumulated within the corporate limits of the city, subject only to such exceptions as: (1) are specifically set forth in this chapter; or (2) are specifically set forth in the contract. All provisions of this chapter applicable to the contractor shall constitute and be a part of any contract awarded under this chapter. It is unlawful for any person other than the person to whom such contract shall be awarded, or to whom such contract may be assigned with the consent of the city council, to collect or remove solid waste, recyclables and organic waste in and from the city, except as provided in this chapter.
D. 
The person to whom such contract shall be awarded shall file with the city clerk a bond for the faithful performance of the contract in the sum of $1,000,000.00, unless otherwise provided in the contract entered into pursuant this section.
E. 
The term of such contract shall not be for more than five years, but may provide that the collector shall have an option to extend for an additional five years, upon giving written notice to the city at least 90 days before termination. Further, the agreement may provide that at the end of said option, being 10 years from the date of agreement, both parties, by mutual consent reached at least 90 days prior to termination, may extend the agreement for an additional period not to exceed five years, unless otherwise provided in the contract entered into pursuant this section.
F. 
Unless otherwise provided in the contract entered into pursuant this section, such contract shall also require that said collector procure for the period covered by the proposed contract, full workmen's compensation insurance with an approved insurance carrier. Such contract shall also require that said collector carry public liability insurance to the amount of $5,000,000.00 for the death or injury of one person, and $10,000,000.00 for the death or injury to two or more persons in any one accident, and property damage insurance to the extent of $5,000,000.00 upon each of the trucks or other vehicles used by the contractor in the carrying out of the work called for in the contract. The insurance to cover both the city, the members of the council and its officers, employees and agencies, and the collector.
G. 
The council may, in its discretion, negotiate, award and execute a contract for the exclusive right to collect, remove and dispose of solid waste, recyclables and organic waste in and from the city.
H. 
The contract and this chapter shall specifically apply to all facilities and buildings owned or operated by governmental agencies within the city.
(Prior code § 4-4.13; Ord. 2226 § 3, 2021)