Single-family organic waste generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 9.02.175:
A. 
Shall subscribe to the City's organic waste collection services for all organic waste generated as described below in subsection B. The City shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
B. 
Shall participate in the City's organic waste collection services by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
1. 
Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
(Ord. 595 § 2, 2021)
Generators that are commercial businesses, including multifamily residential dwellings, shall:
A. 
Subscribe to the City's three-container collection services and comply with requirements of those services as described below in subsection B, except commercial businesses that meet the self-hauler requirements in Section 9.02.175. The City shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as requested by the City.
B. 
Except commercial businesses that meet the self-hauler requirements in Section 9.02.175, participate in the City's organic waste collection services by placing designated materials in designated containers as described below.
1. 
Generators shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
C. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsection D below) for employees, contractors, tenants, and customers, consistent with the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its selfhaul program, in accordance with Section 9.02.175.
D. 
Excluding multifamily residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. 
A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. 
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. 
Multifamily residential dwellings are not required to comply with container placement requirements or labeling requirement in subsection D, above, pursuant to 14 CCR Section 18984.9(b).
F. 
Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 9.02.175.
G. 
Excluding multifamily residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. 
Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
I. 
Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
J. 
Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 9.02.270 to confirm compliance with the requirements of this article.
K. 
Accommodate and cooperate with the City's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with subsection B. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
L. 
At commercial business's option and subject to any approval required from the City, implement a remote monitoring program for inspection of the contents of its blue containers, green containers, and gray containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the blue containers, green containers, and gray containers subject to written notification to or approval by the City or its designee.
M. 
If a commercial business wants to self-haul, meet the self-hauler requirements in Section 9.02.175.
N. 
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
O. 
Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Section 9.02.190.
(Ord. 595 § 2, 2021)
A. 
De Minimis Waivers. The City may waive a commercial business' (including multifamily residential dwellings) obligation to comply with some or all of the organic waste requirements of this article if the commercial business provides documentation that the business generates below a certain amount of organic waste material as described in subdivision 2 of subsection A, below. Commercial businesses requesting a de minimis waiver shall:
1. 
Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection 2, below.
2. 
Provide documentation that either:
a. 
The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or
b. 
The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste.
3. 
Notify the City if circumstances change such that commercial business's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded.
4. 
Provide written verification of eligibility for a de minimis waiver every five years, if the City has approved a de minimis waiver.
B. 
Physical Space Waivers. The City may waive a commercial business' (including multifamily residential dwellings) or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of Section 9.02.165.
A commercial business or property owner may request a physical space waiver through the following process:
1. 
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. 
Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. 
Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
C. 
Review and Approval of Waiver. The City may, but is not required to, provide any of the waivers listed in this section. Issuance of any waiver pursuant to this section shall be at the discretion of the Director.
(Ord. 595 § 2, 2021)
A. 
Self-haulers shall source separate all recyclable materials and organic waste (materials that the City otherwise requires generators to separate for collection in the City's organics and recycling collection program) generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
B. 
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.
C. 
Self-haulers that are commercial businesses (including multifamily residential dwellings) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:
1. 
Delivery receipts and weight tickets from the entity accepting the waste.
2. 
The amount of material in cubic yards or tons transported by the generator to each entity.
3. 
If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. 
Self-haulers that are commercial businesses (including multifamily self-haulers) shall provide information collected in subsection C to the City in accordance with Section 9.02.120.
E. 
A residential organic waste generator that self-hauls organic waste is not required to record or report information in subsections C or D.
(Ord. 595 § 2, 2021)
A. 
Requirements for Haulers. Franchise or permitted haulers providing residential, commercial, or industrial organic waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect organic waste:
1. 
Through written notice to the City annually on or before March 15, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated green container organic waste.
2. 
Transport source separated recyclable materials and source separated green container organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. 
Obtain approval from the City to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the City's C&D ordinance.
4. 
Franchise and permitted haulers authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the City.
B. 
Requirements for Facility Operators and Community Composting Operations.
1. 
Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
2. 
Community composting operators, upon the City's request, shall provide information to the City to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the City shall respond within 60 days.
(Ord. 595 §, 2021)
A. 
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. 
Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 
Commercial edible food generators shall comply with the following requirements:
1. 
Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. 
Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (1) the collection of edible food for food recovery; or (2) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. 
Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. 
Allow the City's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. 
A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. 
A record of the following information for each of those food recovery services or food recovery organizations:
i. 
The name, address and contact information of the food recovery service or food recovery organization.
ii. 
The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. 
The established frequency that food will be collected or self-hauled.
iv. 
The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
6. 
No later than March 31 of each year commencing no later than February 1, 2023 for tier one commercial edible food generators and February 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the City that includes the following information:
a. 
A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
b. 
The quantity of food, measured in annual pounds recovered, collected, or self-hauled to a food recovery service or food recovery organization for food recovery.
c. 
The name, address and contact information of the food recovery service or food recovery organization.
D. 
Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(Ord. 595 § 2, 2021)
A. 
Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. 
The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. 
The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. 
The quantity in pounds of edible food transported to each food recovery organization per month.
4. 
The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. 
Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
3. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. 
Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31 and upon the City's request.
E. 
Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City and its commercial edible food generators. A food recovery service or food recovery organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(Ord. 595 § 2, 2021)
A. 
It is illegal to place or allow to be placed or remain any solid waste, recyclable material, organic waste, garbage, dead animal, diseased, putrid, or offensive animal or vegetable matter, rubbish, construction wastes, or bulky items upon any vacant lot, park, public or private property, camping place, street, road, highway, alley, sidewalk, curb, gutter, stormwater conveyance, or on the bank of any stream or drywater course, or in any standing water, stream, or drywater course.
B. 
It is illegal to tamper with, modify, remove from, or deposit organic wastes, solid wastes, or recyclables into or adjacent to any container without the permission of the container owner.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
The owner, operator and/or occupant of any residence, business establishment, or industry must remove or cause the removal of all solid waste accumulated on the property or premises. Excepting disruptions in normal solid waste collection schedules, solid waste must not remain on any premises for more than seven days. Where the City deems necessary to further the purposes of this chapter, more frequent removal of solid waste may be required.
B. 
All single-family residents and multifamily residents using single-family residential solid waste containers must use the services of a franchisee for recyclables and organic waste collection services.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
It is unlawful for any person to place any hazardous, flammable, or explosive materials, poisons, insecticides, liquid or dry caustics or acids, operable hypodermic needles, drugs, infectious, biomedical, electronic, or biohazardous waste material, or any similar substances dangerous to collection and disposal personnel in any solid waste, organic waste, or recyclables receptacle.
B. 
It is unlawful for any person to collect or transport hazardous and biohazardous wastes without compliance with applicable Federal, State and local laws.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
Storage. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, is responsible for the safe and sanitary storage of all solid waste accumulated on the property. The property owner or occupant must store solid waste, organic waste, and recyclables on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and must ensure it does not to promote the propagation, harborage, or attraction of flies, rodents or other vermin, or create litter or other nuisances.
B. 
Containers—General. Property owners and tenants must deposit solid waste, organic waste, and recyclables in containers approved for the property and designed for the express purpose of solid waste storage and disposal and must not cause containers to overflow or be loaded heavier than the collector specifies for the type of container being used. In addition, property owners and tenants must ensure the following:
1. 
Containers must be kept in a clean condition at all times. Offensive material on the outside of containers, including graffiti, must be removed by the container owner within 72 hours of notification by the City.
2. 
Containers used for any animal manure must be kept tightly covered at all times and must be kept sealed at all times to prevent access by flies, rodents and other vermin.
C. 
Containers—Single-Family Residential. Every single-family residential householder must comply with the following requirements:
1. 
Place source separated solid waste, recyclables, and organic waste in individual containers of 96 gallons or less capacity provided by or for each single-family residential premises. Containers must be of an adequate size and in sufficient numbers to contain, without overflowing, all the separated solid waste, recyclables, and organic waste that a resident generates within the designated removal period.
2. 
Follow rules established by the collector for single-family residential solid waste containers. If permitted by the collector, any solid waste not suitable for placement in a single-family residential solid waste container may be placed for collection at the same place and time as the container if it is securely tied in bundles not heavier than 40 pounds, not longer than three feet in length, and not more than 24 inches in diameter.
3. 
Place each container for collection at the curb prior to 6:30 a.m. on the day of collection, but in no case more than 12 hours before the earliest regularly scheduled collection time, without creating a hazardous or safety problem.
4. 
Remove each container from the curb no later than 12 hours after the latest regularly scheduled collection time except for unscheduled or unanticipated service interruptions. In such a case, the time frame for the removal of containers may be extended for an additional 24 hours.
D. 
Containers—Commercial. Every commercial business owner and the person responsible for multifamily residential premises must comply with the following requirements:
1. 
Utilize a container or containers for solid waste, organic waste, and recyclables provided by a franchisee or permittee or, in the alternative, utilize existing functional containers approved by the City until the end of the containers useful life or January 1, 2036, whichever comes first. Any such solid waste container must be a commercial solid waste container of one and one-half to six cubic yards capacity, with a leak-proof, insect-proof, and rodent-proof construction and tight fitting lid, which is compatible with the franchisee or permittee's collection equipment. Where appropriate for the commercial or industrial premises, a 10 to 40 cubic yard roll-off body or compactor may be used. Containers must be of an adequate size and in sufficient numbers to contain all solid waste generated on the commercial or industrial property within the designated removal period without overflowing.
2. 
Maintain solid waste containers, which are not provided by the collector, in a clean and healthful condition.
3. 
Provide a location on the premises for the containers and keep the area in good repair, clean and free of solid waste, organic waste, or recyclables outside of their designated containers.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
The materials designated by land use category in Table 9.02.240A must be separated from general solid waste.
Table 9.02.240A
Residential (Includes Multifamily) & Commercial
RECYCLE CART/BIN
Industrial/C&D (in addition to all other items listed)
Newspaper
Aluminum Cans
Dirt
Corrugated Cardboard
Aluminum Foil
Asphalt
Mixed Paper
Empty Aerosol Cans
Sand
Magazines and Catalogs
Steel/Tin Cans
Concrete
Junk Mail and Envelopes
Empty Paint Cans
Rock
Telephone Books
Glass Jars
Brick/Tile
Cereal Boxes
Glass Bottles (All Colors)
Re-Bar
Cake Mix Boxes
PET#1 and HDPE#2 Plastic
 
Shoe Boxes
Soda Bottles
Land Clearing Brush
Detergent Boxes
Milk/Water/Juice Jugs
Salvageable Building Materials
White and Colored Paper
Some Detergent Bottles
Pallets
Paper Gift Wrap
Empty Motor Oil Cans
 
Computer Paper
35 mm Film Containers
 
Core Tubes from Paper Towels, Etc.
 
 
Noncarbon Forms
 
 
Post-It Notes
 
 
Organics—all generators (including food waste/scraps) RECYCLE CART/BIN
All Food – scraps & spoiled, any
Incidental material – 10% or less:
Yard Waste
Produce
Fats, oils, greases (cooking related)
Grass Clippings
Meat
Soiled paper goods: coffee filters, napkins, paper towels, uncoated take-out containers, pizza & donut boxes, etc.
Leaves
Dairy
Weeds
Baked & Dry Goods
Limbs/Branches < 4′
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
Residential Householders. No provision of this chapter prevents residential householders from self-hauling in accordance with Sections 9.02.120 and 9.02.175 of this chapter, from composting organic waste, or from selling or disposing of recyclables generated in or on their residential premises.
B. 
Gardeners. No provision of this chapter prevents a gardener, tree trimmer or person providing a similar service from collecting and disposing of yard waste as an incidental portion of providing such gardening, tree trimming or similar service in accordance with the provisions of this chapter, including the self-hauler provisions of Sections 9.02.120 and 9.02.175 of this chapter.
C. 
Commercial.
1. 
No provision of this chapter prevents a commercial business owner from selling to a buyer, donating, or giving away any designated recyclable materials generated in, on, or by a commercial premises or business and no longer useful to such commercial business; provided, however, that the buyer is not engaged in the business of collecting solid waste for a fee, charge, or consideration and that no such materials are transported to a landfill or transfer station for disposition. Source separated recyclables within the meaning of this subsection mean recyclables separated on the commercial premises from solid waste for the purpose of sale, not mixed with or containing more than incidental or minimal solid waste and having a market value.
2. 
No provision of this chapter prevents a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials and who is not engaged in the business of collecting solid waste or providing collection services for a fee or other charge, or consideration, from buying any materials described in this subsection for a monetary or other valuable consideration. No provision of this chapter prevents a recycler, junk dealer, or enterprise who buys such materials from removing and transporting such materials to a destination for marketing. No such buyer may buy or transport such material without a permit issued by the City.
D. 
Renovation, Rebuilding, Repairs. No provision of this chapter prevents a commercial business owner from arranging for any equipment used in the commercial to be picked up, renovated, rebuilt, recharged, regenerated or otherwise restored and repaired and returned to the commercial business owner. No provision of this chapter prevents any person engaged in the business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing equipment from transporting the same from or returning it to the commercial business or from removing, transporting or disposing of any such part or equipment replaced as a part of a repair or equipment service contract.
E. 
Building Materials/Demolition. No provision of this chapter prevents a licensed contractor who has a contract for the demolition and/or reconstruction of a building, structure, pavement, or concrete from marketing any saleable items salvaged from such activity, or from having salvageable items or demolition waste removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition and/or construction contract. If such contractor subcontracts the transporting and disposition of demolition waste, however, only a franchisee or permittee, if any, is authorized to transport and dispose of such demolition waste.
F. 
Charitable or Nonprofit Organization. No provision of this chapter prevents a charitable or nonprofit organization as defined by the laws of the State of California, from collecting and marketing any source separated recyclables, provided that the following conditions are met:
1. 
The organization is not engaged in the business of collecting recyclables for a fee or other consideration; and
2. 
The organization does not transport such materials to a landfill or transfer station for disposition; and
3. 
That recyclables are donated, without fee or any other consideration, to the charitable or nonprofit organization.
G. 
Document Destruction Service. No provision of this chapter prevents a confidential or sensitive document destruction service from transporting or disposing of documents by shredding, incinerating, or other means, as a part of such document destruction service.
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
It is unlawful for any person to remove material from a container at any premises, except for a collector who is authorized to provide collection services at the premises, the residential householder or owner of such premises, the commercial business owner or employee of a business on such commercial premises, or the owner or employee of the owner of the container.
B. 
Where separate collection or a salvaging operation is initiated anywhere in the City or in any legally designated facility to further the recovery of reusable or recyclable items, the following apply:
1. 
It is unlawful for any unauthorized person to remove any separated salvageable commodity from any curb, alley, street, designated pickup location, or any storage area or container.
2. 
It is unlawful for any person to disturb, tamper with, or remove any container containing salvageable material, or the contents thereof, unless authorized by the owner of the container.
3. 
It is unlawful for any person other than a franchised or permitted solid waste collector to charge a fee for the collection of separated recyclable or salvageable commodities.
C. 
All processors of recyclable materials must prominently post on their premises the following in both English and Spanish:
WARNING, STOLEN MATERIALS WILL NOT BE PURCHASED
(Ord. 562 § 3, 2019; Ord. 595 § 2, 2021)
A. 
The City and its designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, source separated materials or other investigations as reasonably necessary to confirm compliance with this article by organic waste generators, commercial businesses (including multifamily residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection.
B. 
For the purposes of inspecting commercial business containers for compliance with Section 9.02.165, the City may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring pursuant to subsection K of Section 9.02.165.
C. 
Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for: (1) access to an entity's premises; (2) installation and operation of remote monitoring equipment; or (3) access to records for any inspection or investigation is a violation of this article and may result in penalties described.
D. 
Any records obtained by the City during its inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.
(Ord. 595 § 2, 2021)