(a)
Unless
otherwise authorized pursuant to this chapter, it is unlawful to remove,
collect, carry, or transport solid waste, recyclable material, or
organic waste within the city.
(b)
No
persons shall cast, place, sweep or deposit anywhere within the city,
any solid waste, recyclable material, or organic waste in such manner
that it may be carried or deposited by wind or rain on any streets,
sidewalk, alley, sewer, storm drain, parkway, or other public place,
or into any occupied premises within the city.
(c)
No
person shall gather, collect, or remove any solid waste, recyclable
material, organic waste, construction site debris, yard waste, or
other refuse from any receptacle or place in which the same may be
placed for collection or removal, or interfere with or disturb any
such receptacle from any location where the same is placed by the
owner thereof, without having a written contract or franchise with
the city to collect and remove solid waste, recyclable material, or
organic waste, and unless such person shall be designated by such
contract or franchise to collect solid waste, recyclable material,
or organic waste and dispose of the same; provided, however, that
the occupant of any premises may remove any solid waste, recyclable
material, or organic waste accumulated on the premises occupied by
him and dispose of the same in a lawful manner; and further, one who
enters into a contract to trim trees, shrubbery, gardens or lawns
may dispose of the resultant yard waste.
(d)
No
person, including a contractor or franchisee authorized to collect
solid waste, recyclable material, or organic waste shall drop, spill,
or permit such material to fall upon private grounds or public streets
in the city.
(Ord. No. 2021-15, § 3, 12-15-21)
No person, other than the owner thereof, the owner's agents
or employees, an officer or employee of the city, or a person holding
a franchise issued pursuant to this title, or a franchisee's agents
or employees authorized for such purposes, shall do any of the following:
(a)
Tamper
or meddle with any solid waste, recyclable material, or organic waste
collection container;
(b)
Tamper
or meddle with the contents of any solid waste, recyclable material,
or organic waste collection container;
(c)
Remove
the contents of any solid waste, recyclable material, or organic waste
collection container;
(d)
Remove
any solid waste, recyclable material, or organic waste collection
container from the location where the container has been placed by
the owner of the container or the owner's agent; or
(e)
Remove,
tamper, or meddle with, any solid waste, recyclable material, or organic
waste set out for collection, pursuant to the provisions of this title,
on private property or on any sidewalk, street or public right-of-way.
(Ord. No. 2021-15, § 3, 12-15-21)
In the event any person within the city desires to have solid
waste, recyclable material, or organic waste collections more frequent
than provided by this chapter, or amounts of solid waste, recyclable
material, or organic waste collected at each collection in excess
of the maximum amount permitted by this chapter, such person shall
enter into an agreement with one contracting with the city for the
removal and transportation of solid waste, recyclable material, or
organic waste for the providing of such additional service upon such
terms as may be mutually agreeable between such person and the contractor,
and payment for such additional service shall be made directly to
the contractor.
(Ord. No. 2021-15, § 3, 12-15-21)
Nothing in this chapter shall be construed to prevent the transfer
of solid waste, recyclable material, or organic waste to transfer
stations within city limits for collection authorized by this chapter;
provided, that such transfer stations should not be conducted in violation
of any county, state, or federal or city ordinance. Where the city
operates a transfer station, users of the station shall follow the
rules established for the station by the city manager.
(Ord. No. 2021-15, § 3, 12-15-21)
All vehicles used to collect, remove, transport, or carry solid
waste, recyclable material, or organic waste over the public streets
of the city shall have a metallic-lined and watertight body.
(Ord. No. 2021-15, § 3, 12-15-21)
When not actually collecting solid waste, recyclable material,
or organic waste the body of a vehicle used to collect solid waste
shall be covered with a tarpaulin or other suitable covering in order
to eliminate offensive odors, flies, or loss of garbage.
(Ord. No. 2021-15, § 3, 12-15-21)
No person shall leave trailers or trucks loaded with solid waste,
recyclable material, or organic waste parked for over a 24 hour period
on the city streets.
(Ord. No. 2021-15, § 3, 12-15-21)
A solid waste, recyclable material, or organic waste contractor
or franchisee shall, without charge, collect the solid waste, recyclable
material, or organic waste from public parks, playgrounds, and city
government buildings from the receptacles in which the same is confined.
Pickups will be made as requested by city departments.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
Unless
otherwise authorized pursuant to this chapter, it is unlawful for
any person to allow, franchise, or enter into any agreement whatsoever
for the collection or transportation of refuse within the city.
(b)
The
following types of collection or transportation of solid waste are
exempted from the contract and franchise requirements of this chapter:
(1)
The collection and removal of yard waste by individual residents
and by individuals doing business as professional landscapers, when
the collection is directly related to work done on the property from
which the yard waste are collected or removed.
(2)
A contractor or franchisee shall not be required to collect hazardous
or dangerous materials as part of regular collection activity under
any contract or franchise with the city pursuant to this chapter.
Liquid and dry caustics, acids, biohazardous, flammable, explosive
materials, insecticides, and similar substances shall not be deposited
in collection containers. A contract or franchise for the collection
of hazardous or dangerous materials shall be handled under separate
agreement between the city's contractor, city's franchisee, or other
qualified haulers and the customer in accordance with the provisions
of the California Health and Safety Code and all other applicable
laws pertaining to the collection hazardous or dangerous materials.
(3)
Medical waste (as defined in the California Medical Waste Management
Act) shall not be collected by the city's contractor or franchisee.
Institutions producing such medical wastes shall store, dispose, and
handle such material only in the manner as approved by the San Diego
County Health Officer or their designated deputy in accordance with
the California Health and Safety Code.
(4)
The use of garbage disposal devices authorized by the Uniform Plumbing
Code.
(5)
The periodic transportation and disposal of solid waste generated
from the occupant's property by occupants to an authorized landfill.
(c)
Nothing
in this chapter shall preclude from transporting for his or her own
benefit recyclable material generated by the person or on the person's
property to an authorized recyclable material collection facility;
provided, however, that nothing in this section shall be construed
to allow the unauthorized collection or removal of recyclable material
set aside for recycling or pick-up by a franchised recycling operator.
(Ord. No. 2021-15, § 3, 12-15-21)
(a)
All
solid waste, recyclable materials, and organic waste created, produced,
or accumulated in or about a dwelling house or place of human habitation
in the city shall be mandatorily removed from the premises at least
once each week, with the exceptions that no pickup will occur on Thanksgiving
Day, Christmas Day and New Year's Day, providing one week's prior
notification is made to affected persons or establishments.
(b)
All
solid waste, recyclable material, or organic waste created, produced,
or accumulated at hotels, restaurants, boardinghouses, or other business
houses shall be mandatorily removed from the premises at least once
a week. The San Diego County Health Department may require a greater
number of collections per week. It is declared to be unlawful and
a misdemeanor for the occupancy of any premises described in this
section to fail or neglect to provide for the removal of refuse. An
exemption to the mandatory service may be applied for under the condition
that the individual or property owner shows proof of use of a city-approved
solid waste, recyclable material, or organic waste collection alternative.
Such exemptions may be approved by the city manager or city manager's
designee. Each day's violation of this section shall be treated and
considered as a separate and distinct offense.
(Ord. No. 2021-15, § 3, 12-15-21)
In the residential areas of the city, no more than eight days
shall elapse between one collection of solid waste, recyclable material,
or organic waste and the next, and the routes of collection shall
be so arranged that collections will be made on the same days of each
succeeding week.
(Ord. No. 2021-15, § 3, 12-15-21)
Every commercial or industrial business may enter into an agreement
with the one contracting with or franchised by the city for the removal
and transportation of solid waste, recyclable material, organic waste,
yard waste, and construction site debris for collection services as
may be required, and the payment for such services in excess of the
amount entered upon the water bills rendered by the city shall be
made directly to the contractor pursuant to the requirements of this
chapter.
(Ord. No. 2021-15, § 3, 12-15-21)
