The terms defined in this section shall be for use in interpreting and applying this chapter and other related ordinances of the city. The terms used in this chapter but not defined in this section shall have the meanings assigned them in Chapters 8.16 and/or 8.28 of this code.
“Charitable entity”
means any not-for-profit organization or entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities.
“Construction debris”
means construction materials generated during the construction or renovation of a residential, commercial and industrial or institutional property.
“Demolition debris”
means used construction materials generated during the razing or renovation of a residential, commercial and industrial or institutional property.
“Junk collector”
means a person that is licensed with the city of South San Francisco to collect source separated recyclable materials and source separated salvageable materials from the person generating such materials in accordance with this chapter.
“Person”
includes, without limitation, a natural person, group of persons, partnership, firm, corporation, public or municipal corporation or association.
“Recyclable materials”
means solid waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of the California Integrated Waste Management Act of 1989, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including yard waste), and wood, brick and stone in reusable size and condition. Recyclable materials shall include those items of construction debris and demolition debris which are described in this definition.
“Salvageable materials”
means used articles capable of being restored or resold for reuse, in either case without reprocessing or remanufacture, including antiques, used building supplies and automobiles and automobile parts. Salvageable materials shall include those items of construction debris and demolition debris which are described in this definition.
“Solid waste”
means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this chapter (except where specifically excluded) construction debris, demolition debris, recyclable materials and salvageable materials, but excluding hazardous waste and household hazardous waste.
“Source separated”
means, as to recyclable materials, materials that have been separated from solid waste that is not recyclable material and from all other types of recyclable materials by the person generating such solid waste or recyclable materials at the residential, commercial and industrial or institutional property where such solid waste or recyclable materials are generated, to form one readily identifiable category of recyclable material as set forth in the definition for “Recyclable materials” above that are saleable without further sorting; and as to salvageable materials, materials that have been separated from solid waste that is not salvageable material by the person generating such solid waste or salvageable materials at the residential, commercial and industrial or institutional property where such solid waste or salvageable materials are generated. For example, cardboard that has been separated by a business from glass, PET plastic and wet garbage is source separated so long as the separation is accomplished by the generator at the commercial and industrial property where all of such items are generated and all of such items are generated by such business.
“Yard waste”
means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than six inches in diameter) and similar materials generated at a residential property, commercial and industrial property or institutional property.
(Ord. 1207 § 2, 1997)
It is unlawful for any person to collect recyclable materials or salvageable materials in the city or engage in the business of junk collector in the city without first obtaining a permit from the city for that purpose as provided in this chapter. Failure to obtain a permit as required by this section is a misdemeanor punishable as provided in this chapter.
Nothing in this chapter shall prohibit a business owner or his employee, or any resident, from transporting, without spilling, source separated recyclable materials or source separated salvageable materials produced by that business owner or resident, on city streets without first obtaining a permit if that business owner, employee or resident is transporting the source separated recyclable materials or source separated salvageable materials for donation to or collection by a collection or processing facility that has been duly approved and authorized as such by a governmental or other appropriate authority, including beverage containers recycled at authorized facilities under the California Beverage Container Recycling Litter Reduction Act, solely incidental to the conduct of his individual lawful business within the city or solely incidental to the maintenance of his individual residence.
Nothing in this section shall prohibit the city’s scavenger and/or authorized recycling agent from performing the activities authorized to such person or persons under Chapters 8.16 and/or 8.28.
(Ord. 1207 § 2, 1997)
(a) 
Application for a permit to collect source separated recyclable materials and source separated salvageable materials as a junk collector in the city must be accompanied by a receipt showing that applicant has paid to the director of finance a nonrefundable processing fee as set forth in the master fee schedule adopted by resolution of the city council, must be made in writing signed by the applicant, and must show the following:
(1) 
The name, address and telephone number of the applicant;
(2) 
The type, kind, make and California state license number of each truck or vehicle to be used by the applicant in the collection and/or transportation of source separated recyclable materials and source separated salvageable materials;
(3) 
Address of the place where records will be maintained of the purchase and sale of source separated recyclable materials and source separated salvageable materials available for inspection by the city.
(b) 
The applicant shall deposit with the director of finance the business license fee required for a junk collector by Chapter 6.16 of this code, and the director of finance shall issue the permit and business license if the applicant has complied with the terms of this chapter and other applicable ordinances of the city.
(Ord. 1207 § 2, 1997)
It is unlawful for any junk collector to collect or place in the same vehicle or container, or collect from the same vehicle or container at any place or places, or transport or carry on, along or over the streets, alleys and ways of the city in any vehicle or container, together with source separated recyclable materials or source separated salvageable materials, any solid waste, including, without limitation, recyclable materials or salvageable materials that have not been source separated. Any junk collector who collects source separated recyclable materials or source separated salvageable materials shall inspect them and shall not collect them unless they are free of solid waste, including, without limitation, any recyclable materials or salvageable materials that have not been source separated.
Should any junk collector find in the same container with recyclable materials or salvageable materials any solid waste, including, without limitation, any recyclable materials or salvageable materials that have not been source separated, he shall not collect or buy such recyclable materials or salvageable materials. Failure to comply with the terms of this section is a misdemeanor punishable as provided in Section 6.56.080, and shall be cause for suspension and/or revocation of permit and cancellation of business license and forfeiture of fees as provided in this chapter.
(Ord. 1207 § 2, 1997)
It is unlawful for any junk collector to collect from a place or places in the city or to transport or carry on, along or over the streets, alleys or ways of the city in any vehicle or container any solid waste, whether or not mixed with recyclable materials or salvageable materials, other than source separated recyclable materials or source separated salvageable materials. Any violation of the terms of this section is a misdemeanor punishable as provided in Section 6.56.080 and cause for revocation of permit and cancellation of business license and forfeiture of fees as provided in this chapter.
Nothing in this section shall prohibit the city’s scavenger and/or authorized recycling agent from performing the activities authorized to such person or persons under Chapters 8.16 and/or 8.28.
(Ord. 1207 § 2, 1997)
(a) 
Each junk collector shall submit quarterly reports to the city’s director of public works for purposes of compliance with this section and Chapter 8.28 of this code. Each such report shall be signed by an authorized representative of the junk collector, verifying that the contents of the report are correct under penalty of perjury.
(b) 
The following information shall be furnished by each junk collector in its quarterly reports:
(1) 
A list of all accounts that the junk collector has in the city;
(2) 
For each account that the junk collector has in the city, the business name, address, telephone number and contact person, the date that the account service began and ended as applicable, and the current collection schedule from such account;
(3) 
For each account that the junk collector has in the city, the total tonnage of materials collected from such account during that quarter;
(4) 
For each account that the junk collector has in the city, the total tonnage of each type of recyclable materials and/or salvageable materials collected from such account during that quarter;
(5) 
For each account that the junk collector has in the city, the disposition of all materials collected from such account during that quarter, including the amount of such materials which the junk collector has recycled and/or salvaged, the amount of such materials which the junk collector has not recycled and/or salvaged, and the manner and place of disposal of all materials collected but not recycled and/or salvaged;
(6) 
The total tonnage of recyclable materials and salvageable materials collected during that quarter by the junk collector from sources in the city;
(7) 
The total tonnage of each type of recyclable material and salvageable material collected during that quarter by the junk collector from sources in the city; and
(8) 
The total tonnage of materials of any type collected during that quarter by the junk collector from sources in the city which are not recycled and/or salvaged.
The quarterly reporting periods shall be from January 1st through March 31st, April 1st through June 30th, July 1st through September 30th, and October 1st through December 31st. Quarterly reports shall be due within thirty days after the end of each quarter.
(c) 
The city and its designated representatives or other qualified third party may conduct an audit of the records of all junk collectors. The city shall have the right to inspect such records upon reasonable notice, and such records shall be made available at a location acceptable to the city. The information contained in the records shall contain, at a minimum, the following items:
(1) 
The name, address, phone number and contact person of each property in the city from which the junk collector has made a collection, including the dates of collection;
(2) 
The total tonnage of recyclable materials and salvageable materials collected in the city during each calendar quarter;
(3) 
The total tonnage of each type of recyclable materials and salvageable materials collected in the city during each calendar quarter.
Information that is furnished pursuant to this section pertains to the business and financial affairs and trade secrets of the junk collector in question and shall be exempt from public disclosure pursuant to Sections 6254(n) and 7254.7(d) of the California Government Code.
(d) 
Failure to produce an accurate quarterly report, or failure to keep accurate records, or to permit and arrange for inspection and audit of records, pursuant to this chapter, may result in revocation or suspension of the junk collector’s permit pursuant to Section 6.56.070 of this chapter.
(Ord. 1207 § 2, 1997)
Each junk collector shall be considered as, and shall be, an independent contractor, and shall act under its own directions as to the manner of performing its work, and it shall keep itself and all of its employees insured against all liability under California workers’ and employees insurance, compensation and safety laws. Each junk collector shall maintain comprehensive general liability insurance coverage, including coverage for use or operation of motor vehicles used in the performance of work hereunder in the amount of one million dollars for each incident of death or injury to persons and/or property. Evidence of such insurance shall be filed with, and approved by, the city.
(Ord. 1207 § 2, 1997)
Failure to carry on, maintain and conduct the business of junk collector as provided in this chapter, and violation of any or all of the provisions set forth in Sections 6.56.020 through 6.56.065, shall be good and sufficient cause for the revocation of any and all permits to operate as a junk collector in the city. In the event that it appears to the city manager or his designee that any permittee has failed to comply with the provisions of this chapter or has violated any of the terms of this chapter, the city manager or his designee shall fix a date for hearing the charges for violation within forty-five days, and shall give to such permittee reasonable notice of such hearing. The city manager or his designee may additionally order that any and all permits to operate as a junk collector in the city be suspended pending such hearing of charges of violation, such suspension to be effective within five days of the sending of notice of suspension. If upon such hearing of charges of violation the city manager finds that the permittee has failed to comply with the provisions of this chapter or has violated any of its terms, the permit shall be revoked, with such revocation continuing indefinitely or for a finite term as determined by the city manager. Upon ordering the revocation of the permit, the permittee shall forfeit the business license and all license fees paid by permittee to the city. The junk collector may appeal the determination of the city manager pursuant to Code of Civil Procedure Section 1094.5.
(Ord. 1207 § 2, 1997)
(a) 
Any person violating any of the provisions of this chapter is guilty of an infraction except as otherwise provided in this chapter, and upon conviction such person shall be punished as provided in Section 36900 of the Government Code.
(b) 
The city’s authority to civilly and/or criminally enforce any provisions of this chapter shall not limit or preclude any right which any other entity, including without limitation the scavenger awarded a contract pursuant to Chapter 8.16 of this code or the city’s authorized recycling agent under Chapter 8.28 of this code, may have to civilly enforce any provisions of this chapter.
(Ord. 1207 § 2, 1997)