Note: For the statutory provisions authorizing cities to contract for garbage and rubbish disposal and to prescribe terms for such services, see Public Resources Code § 49300.
The city council establishes health and sanitation rules and regulations applicable to all lands and premises in South San Francisco as set forth in this chapter. The intent of the city council in adopting the ordinance codified in this chapter is to prevent accumulation of quantities of solid waste on all lands and premises within the boundaries of the city, except for dump sites approved by the city council, in order that the public health and welfare of the inhabitants of the city and surrounding communities may be protected and preserved through strict regulation and supervision of all phases of accumulation, collection and disposal of solid waste within the city.
(Ord. 1208 § 2, 1997)
As used in this chapter the following words and phrases shall have the meanings set forth in this section. Terms used in this chapter but not defined in this section shall have the meanings assigned them in Chapters 6.56 and/or 8.28.
“City”
means the city of South San Francisco.
“Commercial and industrial property”
means property upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
“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.
“Hazardous waste”
means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the state of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations.
“Household hazardous waste”
means hazardous household waste generated at residential properties within the city.
“Institutional property”
means the premises or site of a governmental entity, including city, county, state and/or federal buildings, public schools, colleges and public recreational sites.
“Person”
means and is held to include, but not be limited to, 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.
“Residential property”
means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. Complexes of four or more units, whether in a single structure, or connected structure, or series of structures may be subject to procedures and rates which differ from other lower density residential properties.
“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.
“Scavenger”
means that person with whom the city has contracted, as provided in this chapter, to collect, receive, carry and/or transport solid waste in accordance with the provisions of this chapter.
“Solid waste”
means, as defined in Public Resources Code Section 40191, all putrescible and nonputrescible 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, with the exception that solid waste does not include any of the following wastes:
(1) 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) 
Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) 
Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“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 that six inches in diameter) and similar materials generated at a residential, commercial and industrial or institutional property.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
All solid waste (other than source separated recyclable materials and source separated salvageable materials) shall, by the person upon whose premises the same has been produced or accumulated and/or the person required under Section 8.16.050 to arrange for solid waste collection services, be placed in a watertight container or containers of not less than ten nor more than ninety-six gallons each, net capacity, with poundage limits set by the city council, and of a design approved by the city health officer. The container shall be kept clean, sanitary, continuously closed by a tight-fitting cover, except when solid waste is being dumped into or removed therefrom and shall be closed to the access of flies, insects, animals and rodents. The container with solid waste therein shall be made easily and readily accessible on the designated collection day for the area in which the premises are located, not less than once a week, to the scavenger authorized by the city to collect the same in accordance with the provisions of this chapter. Premises shall include, but not be limited to, all those types enumerated in Section 8.16.050.
(Ord. 1208 § 2, 1997)
Solid waste receptacles shall not be placed within the limits of any street, road, avenue, public way, alley or public place, or in a manner which blocks a sidewalk or constitutes a public nuisance in complying with the provisions of this section. On the designated collection date, solid waste receptacles shall be placed as follows:
(a) 
Single-Family, Duplex and Triplex Residential Properties. Solid waste receptacles for single-family, duplex, and triplex residential properties shall be placed two feet apart and three feet away from any vehicle or obstacle with the cart wheels against the curb and handles facing the residence. An alternate location may be permitted for the following:
(1) 
The premises for which such a location may constitute a nuisance;
(2) 
Premises for which placement against the curbside is not possible; and
(3) 
Premises for which the owner or occupant has subscribed for backyard pickup service.
(b) 
Multiple Unit Residential Properties, Commercial and Industrial Properties and Institutional Properties. Solid waste receptacles shall be located in a place on the premises which is readily accessible for removal and emptying by the scavenger.
(Ord. 1208 § 2, 1997; Ord. 1431 § 1, 2010)
The following shall arrange for and have solid waste collection service as specified in this section and in the contract or franchise awarded by the city, and shall pay the rates and charges for solid waste collection service as are established pursuant to Section 8.16.440:
(a) 
Any person generating solid waste at, or who has control of, each and every single-family residential property;
(b) 
Any person generating solid waste at, or who has control over operations conducted at, each and every multiple dwelling unit, occupied hotel, apartment house, roominghouse, motel, auto court, trailer park, or other such place of abode located in the city;
(c) 
Any person generating solid waste at, or who has control over operations conducted at, each and every commercial and industrial or institutional property located in the city.
(Ord. 1208 § 2, 1997)
Collections of solid waste shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and the scavenger, or as provided for in Chapter 8.27 of this code. The contents of all containers shall be transferred by the scavenger into a vehicle provided by the scavenger and approved by the health officer as being a satisfactory vehicle for such purpose by having a watertight portion in which the refuse is to be deposited and an adequate cover to prevent refuse and/or offensive or noxious fumes or odors escaping therefrom. The scavenger shall remove any solid waste spilled by it on stairs, yards, streets, alleyways or other private or public places, except dump sites, and clean those places.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
The producer or owner of solid waste, recyclable materials and salvageable materials may elect to source separate recyclable materials and salvageable materials for collection by the city’s authorized recycling agent, a junk collector or for other disposition in accordance with Chapters 6.56 and 8.28, except that self-haulers as defined under Chapter 8.27 of this code shall comply with the source separation requirements of that chapter.
(Ord. 1208 § 2, 1997; Ord. 1628 § 2, 2021)
It is unlawful for any person to deposit, place or burn solid waste of any kind upon public streets, alleyways or public places or upon private lands or premises, except as provided in this chapter. Dry yard waste may be burned by owners or producers of the same only after they have obtained a permit from the city fire chief. The permit shall be denied if the burning would endanger the health, safety or welfare of the inhabitants in the vicinity or surrounding areas. The burning shall never be allowed to create any offensive odor, smoke screen or nuisance.
(Ord. 1208 § 2, 1997)
All solid waste collected by the scavenger shall be disposed of in such a manner as to comply with the contract or franchise awarded to the scavenger by the city and all applicable state, county, city or district regulations.
(Ord. 1208 § 2, 1997)
It is unlawful, except as provided in this chapter, Chapter 8.28 or Chapter 6.56, for any person other than the scavenger to collect, transport or carry solid waste (including, without limitation, construction debris, demolition debris, recyclable materials, salvageable materials and yard waste) over any streets or public places of the city unless such person is an agent or employee of the city acting within the scope of his employment; provided that the city manager with the approval of the city council may issue permits to transport or carry solid waste over the streets to the scavenger of any other city or public agency if the council finds and determines that the permit is in the public interest and will not impair the contractual rights of the scavenger of the city or the health, welfare or comfort of the inhabitants of the city.
(Ord. 1208 § 2, 1997)
Yard waste removed from a residential, commercial and industrial or institutional property by a gardening, landscaping or tree trimming contractor as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed landfill, transfer station or materials recovery facility.
Construction debris and/or demolition debris removed from a residential, commercial and industrial or institutional property by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility.
Hazardous waste and household hazardous waste may be disposed of in any lawful manner.
(Ord. 1208 § 2, 1997)
Nothing in this chapter shall prohibit a person or his employee from transporting to a licensed transfer station or materials recovery facility, without spilling, solid waste, on city streets without obtaining any permit, for purposes solely incidental to the conduct of his individual business within the city or to the maintenance of his individual residence.
(Ord. 1208 § 2, 1997)
The city council may award an exclusive contract or franchise, subject to the provisions of this chapter and Chapters 6.56 and 8.28, for the collection and disposal of solid waste to any person as independent contractor which the council believes best qualified and equipped to perform the work of a scavenger. The contract shall require the scavenger to collect, remove and dispose of solid waste in the city in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the health officer or such other officer as may be hereafter designated by city. It shall require the scavenger to furnish a surety bond of not less than twenty-five thousand dollars, conditioned upon the faithful performance of his contract and shall require the scavenger to carry workers’ compensation insurance and property damage and public liability insurance in amounts to be determined by the council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances and conditions warrant such renewal. Such contract may also be subject to renewal in accordance with its terms.
(Ord. 1208 § 2, 1997)
It is unlawful for any person in any manner to interfere with the collection or disposal of solid waste by the scavenger or any person authorized by license, franchise or contract in accordance with the provisions of this chapter or of Chapter 6.56 or 8.28 to collect or dispose of the same.
(Ord. 1208 § 2, 1997)
Nothing in this chapter shall relieve a person from complying with all other city, county, state and federal health, safety, sanitation, licensing and other law requirements.
(Ord. 1208 § 2, 1997)
(a) 
Any person violating any of the provisions of this chapter is guilty of an infraction, 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. 1208 § 2, 1997)