The City Council of the City of Lompoc hereby finds and determines that:
A. 
The Legislature of the State of California, as part of its development of a comprehensive program for solid waste management, and in order to preserve the health and safety, and the well being of the public, has declared that it is in the public interest of the State to authorize and require local agencies to make adequate provisions for solid waste handling, and has provided that cities may determine aspects of solid waste handling which are of local concern, including, but not limited to: frequency of collection; means of collection and transportation; level of services; charges and fees; nature, location, and extent of providing solid waste services; and whether such services are to be provided through nonexclusive franchises, contracts, licenses, permits, or otherwise; and the purpose and intent of the provisions contained in Chapters 8.04 and 8.08 of the Lompoc Municipal Code are in order to implement the City of Lompoc's solid waste handling program.
B. 
In recent years, the laws relating to solid waste have been substantially changed, primarily through the adoption of the Integrated Waste Management Act (Public Resources Code Sections 40000, et seq.), and these changes require that the City's ordinances relating to garbage and refuse, as contained in Chapters 8.04 and 8.08, be modified to be consistent with the statutory framework that has been created by the State Legislature.
C. 
The City of Lompoc has created a Solid Waste Division within the Department of Public Works, through which it operates a solid waste collection system and a landfill, and which is responsible for administering a comprehensive program for collection and disposal of solid waste as well as recycling programs and other rules and regulations related to solid waste management, source reduction, and recycling.
(Prior code § 1700)
The definitions contained in Public Resources Code Sections 40100 through 40201, including, but not limited to, those relating to hazardous waste, operator, person, recycle and recycling, segregated from other waste material, solid waste, solid waste enterprise, and solid waste handling, are hereby adopted and incorporated into Chapters 8.04 and 8.08 of the Lompoc Municipal Code. In addition, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
"Abandoned vehicles"
means any vehicle authorized to be removed pursuant to the California Vehicle Code or local ordinance, as a result of a determination that it has been abandoned or is inoperative.
"Combustible rubbish"
means paper, leaves, Christmas trees, chips, grass, pasteboard, carpets, rags, boxes and all similar articles or materials which will burn by contact with flames of ordinary temperature, which are rejected by the owner or producer thereof as worthless or useless.
"Commercial bin"
means a bin or roll-off container provided by a collector, usually two cubic yards or greater for metal bins or 300 gallons or greater in capacity for automated containers, for the deposit of solid waste for collection at commercial or multifamily residential premises.
"Commercial premises"
means all premises in the City other than residential premises, where solid waste is generated or accumulated.
"Compostables"
means solid waste which is subject to being converted to compost, and which is source separated from the solid waste stream or separated at a centralized facility, and includes vegetable, yard, paper, and wood wastes which are not hazardous waste.
"Container"
means any bin, vessel, can, or receptacle, including roll-off containers and commercial bins that are approved by the Solid Waste Division to be used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.
"Director"
means the Director of the Department of Public Works or any person in the Department authorized by the Director or the City Council to act in his or her capacity.
"Health Officer"
means the environmental health officer of Santa Barbara County.
"Litter"
means solid waste which is dumped, thrown, deposited or left on or about any street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water, or private property.
"Manure"
means accumulated animal excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine.
"Noncombustible rubbish"
means ashes, broken glass and crockery, bottles, tin cans and containers, metals, all other similar articles or materials, not exceeding three cubic feet of noncombustible building materials, which are rejected by the owner or producer thereof as worthless or useless.
"Place" or "premises"
means every dwelling house, dwelling unit, apartment house or multiple-dwelling unit, trailer or mobilehome park, store, restaurant, roominghouse, hotel, motel, office building, department store, manufacturing, processing, or assembling shop or plant, and every other place or premises where any person resides, or any business is carried on or conducted within the City or any other site within the City upon which solid waste is produced or accumulates.
"Residential"
means single-family residences and multifamily residences, including apartments and condominiums, but does not include hotels or motels.
"Responsible party"
means every owner, tenant, lessee, occupant or other person responsible for the day to day operation in the City, including the proprietor or manager of any commercial premises.
"Roll-off container"
means a container which is designed to be loaded and unloaded from a truck, supported on casters, used to collect and transport solid waste from residential or commercial premises, and approved by the Director.
"Single-family residential"
means single-family residences and any other residences that do not require commercial bin services.
"Solid Waste Division"
means the Solid Waste Division of the Department of Public Works.
(Prior code § 1701)
Hazardous waste shall be properly stored, transported and disposed of in accordance with all Federal, State and local regulations. With the exception of household and small quantity exempt generator hazardous wastes disposed of in accordance with the State's requirements and the City's rules and regulations at its household hazardous and small quantity exempt generator waste handling facility, hazardous waste shall not be disposed of at the landfill or dumped, placed, or burned in any lot, land, street, or alley within the City. City solid waste collection crews are prohibited from collecting hazardous waste. Hazardous wastes are prohibited from being placed in City automated or metal solid waste containers or in "special haul" items that are to be collected by the City refuse crews. All provisions of this Chapter relating to collection, disposal, or burning of solid waste, shall be construed to exclude hazardous wastes.
(Prior code § 1702)
It shall be unlawful for any person to:
A. 
Dump, place or bury in any lot, land, street, alley, water or waterway within the City, any solid waste, except in containers as provided in this Chapter, or any substance condemned by any Health Officer or authorized representatives, or any other deleterious or offensive substances.
B. 
Place solid waste in, or otherwise use the containers of another person, without the permission of such other person.
C. 
Place or permit to be placed in any receptacle or container located in any public place and owned or maintained by the City, any residential or commercial solid waste. Such receptacles or containers shall only be used for occasional solid waste disposal to avoid the littering of streets and other public places.
D. 
Remove any solid waste from any City provided container, or move the container from the location in which it was placed for storage or collection, without prior approval of the City. This Subsection shall not apply to the generator of the solid waste or any authorized solid waste enterprise.
E. 
No person shall prowl through, search, sort, sift or examine the contents or deposits of solid waste at an authorized solid waste facility or remove from such solid waste facility any solid waste deposited therein without specific written authorization from the Director.
F. 
Unless otherwise authorized by the Director, no person shall place in a commercial bin any liquid, toxic, or hazardous waste, or object which weighs more than 150 pounds, or which prevents the closing of the bin's cover, or a load in excess of 500 pounds per cubic yard.
(Prior code § 1703)
No person shall cause or permit combustible rubbish or garbage to accumulate at any place or premises under his or her charge or control for a period in excess of 48 hours, if not stored in a City-approved container, or permit or allow noncombustible rubbish to accumulate thereat for a period in excess of one week.
(Prior code § 1704)
No person shall burn any solid waste on public or private property, including but not limited to any street, alley, park, or other public place, in violation of any rule or regulation of the City, including but not limited to the Fire Department, and/or the Air Pollution Control District, as such rules or regulations may be amended from time to time.
(Prior code § 1706)
No person shall remove or convey or cause or permit to be removed or conveyed any solid waste upon or along any public street or alley, or other public place in the City; provided, that the provision of this Section shall not apply to any person in the employ of the City who shall be assigned by the Director to collect solid waste, or to any person with whom the City has entered into a contract or received a permit for the collection and removal of solid waste or to any employee of such contractor or permittee during such time as such contract or permit shall be in force.
(Prior code § 1707)
A. 
Every owner, lessee, tenant, or occupant of any stable, barn, stall, pen, or apartment in which any horse, cow, barnyard fowl, or other animals are kept, or of any place where manure or urine from such animals accumulates, shall at all times keep or cause to be kept the stable, barn, stall, pen, apartment, or place, and the appurtenances thereof, in a clean and wholesome condition, and shall provide for the removal of such manure and urine in accordance with the provisions of this Section.
B. 
Unless all manure accumulating on any premises is removed daily, boxes or receptacles of a design and construction acceptable to the Health Officer shall be provided by each owner, lessee, tenant, or occupant of such places, and such boxes or receptacles shall be used only for the purpose of containing the accumulation of such manure and shall be kept tightly closed at all times except when manure is being placed therein or removed therefrom, and in no instance shall manure be so placed in such boxes or receptacles as to prevent the tight closing of the lid. Such boxes or receptacles shall be maintained in such a manner that they are inaccessible by flies to the contents thereof. The contents of such boxes or receptacles shall be removed as often as filled, or more often if so required by the Health Officer or his or her authorized representatives.
(Prior code § 1708)
A. 
The Health Officer or the Director or his or her designee shall visit the various premises within the City from time to time to examine the sanitary conditions of such premises and to determine whether the provisions of this Chapter are being complied with. In addition to other forms of solid waste, abandoned vehicles are considered to negatively impact sanitary conditions. Failure to comply with the provisions of this Chapter, after written notice from the Health Officer or the Director shall be considered a misdemeanor and may result in fines and other action as may be provided by law.
B. 
The collection charges and fees established in this Chapter include the cost of reasonable inspection work; additional charges may be made for special inspection work in the case of excessive accumulations of waste materials.
(Prior code § 1709)
All solid waste, and other material and property placed in a container or commercial bin for collection by the City is, upon being placed in the container or bin, deemed to be discarded and is the property of the City and subject to its ownership, possession and control. All solid waste disposed of at the landfill is the property of the City and subject to its ownership, possession and control. Said solid waste may be disposed of in any manner necessary or convenient to the City.
(Prior code § 1710)
Upon placement of recyclables by a responsible party at a designated recycling collection location, City facility or container for collection by the City or by an authorized recycling contractor of the City, the recyclables shall become the property of the City or the authorized recycling contractor. Nothing in this Section shall limit the right of a person, organization or other entity to donate or sell source separated recyclables generated by such person, organization or entity.
(Prior code § 1711)