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)
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)
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)