Editor's Note: For the prior ordinance history of this chapter, see the Editor's Note at the beginning of Chapter 15.16.
a.
No
person shall throw containers from any vehicle to the ground, or in
any other way break, damage or roughly handle containers.
b.
No
person other than the owner or occupant of the premises where a container
is located, or the collector who provides collection services at the
premises where the container is located, or a city employee shall
tamper with, injure, destroy, or remove any container or other equipment
used for the storage of solid waste, recyclables, or organic waste.
(Prior code § 5780; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a.
No
person shall dispose of solid waste into containers at locations other
than those that may be located upon property which they own, lease,
rent, or at their own place of business (unless a customer), except
that the occupants of a residential or commercial/industrial premises
may dispose of Solid Waste in containers located at an immediately
adjacent residential or commercial/industrial premises, if: (1) the
two properties are owned by the same person; and (2) the property
owner has made arrangements with the collector to provide containers
at only one of the properties.
b.
No
person occupying, using, or in charge of any premises shall set out
or cause to be set out for collection during any week any solid waste
not originating on the premises.
(Prior code § 5781; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
a.
No
person other than the residential householder, or agents of the collector
authorized to collect from that premises, may do the following:
1.
Remove
any container from the location where the container was placed for
storage or collection;
2.
Remove
any solid waste, recyclable material, or organic waste from any container;
3.
Move
any container from the location in which it was placed for storage
or collection; or
4.
Apply
any paint or markings (commonly known as "graffiti" or "tagging")
to any container.
(Prior code § 5782; Ord. 00-565 § 1, 2000; Ord. 16-989 § 3, 2016; Ord. 21-1169 § 2, 2021)
a.
Container Requirements.
1.
Any
container to be placed for collection of solid waste, recyclables,
and organic waste shall have a tightly fitting cover. The cover shall
be used at all times. Collection containers not located in a secure
area shall be fitted with a locking cover and shall remain closed
and in the locked position when placed for collection. Every person
owning, occupying or in possession of any residential premises in
the city shall provide sufficient containers as to accommodate the
amount of solid waste, recyclables, or organic waste generated by
the premises. The containers shall be constructed of metal, hard rubber,
or plastic, shall be so constructed as not to permit the contents
thereof to sift or pass through any opening therein other than the
top and shall be maintained in a clean and sanitary condition by the
householder. For properties containing more than one dwelling unit
the owner shall indelibly mark the solid waste, recyclables, or organic
waste containers with a number or letter so that it is apparent to
which dwelling unit the container belongs heavy-duty plastic bags
especially manufactured for solid waste collection and trash compactor
sacks may also be used provided they are securely tied, not perforated
or split, and the bag and its contents do not weigh more than the
weight limit established by the franchisee.
2.
Any
solid waste, recyclables, or organic waste not susceptible to placement
in a 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 seventy pounds, not more than four feet in length and not more
than eighteen inches in diameter. Wooden boxes, crates, pallets or
cardboard boxes are to be broken down and stacked neatly at the depositor's
solid waste collection point.
3.
Except
multi-family residential dwelling units, commercial businesses are
to provide containers for the collection of source separated 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.
Commercial businesses are not required to replace functional containers,
including containers purchased prior to January 1, 2022, that do not
comply with the color requirements of this article prior to the end
of the useful life of those containers, or prior to January 1, 2036,
whichever comes first. Containers shall have labels that include language
or graphic images, or both, indicating the primary material accepted
and the primary materials prohibited in that container.
4.
Every
person owning or occupying or in possession of any commercial premises
in the city shall subscribe to the city's collection service in which
collector will provide sufficient containers as to accommodate the
amount of solid waste, recyclables, or organic waste generated by
the premises. The containers shall be constructed of metal, hard rubber
or plastic, shall be so constructed as not to permit the contents
thereof to sift or pass through any opening therein other than the
top and shall be maintained in a clean and sanitary condition by the
property owner or the collector. Containers shall be stored in a secure
area or shall be fitted with a locking lid. Containers not stored
in a secure area shall maintain the lids in the closed and locked
position. Commercial businesses shall periodically inspect 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). Commercial businesses shall
also:
A.
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.
B.
Provide education information before or within fourteen 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.
C.
Provide or arrange access for the city or its agent to their properties
during all inspections conducted to confirm compliance with the requirements
of this article.
5.
No
cardboard box or paper bag may be used as a container for solid waste.
6.
All
owners or occupants of commercial or residential premises and all
persons and entities involved in deconstruction, demolition and construction
within the city are required under this article to arrange for solid
waste collection with the collector and to keep readily accessible
to the collector, one or more containers provided by the collector
and of adequate size and quantity, so as to be capable of holding
without spilling all solid waste accumulated on the commercial and/or
residential premises. All solid waste generated or accumulated on
the commercial and/or residential premises shall be deposited in said
approved containers.
Commercial uses, including multi-family residential dwellings
shall subscribe to a three-container collection service and generators
shall place materials into the containers as follows:
Green Container: organic waste
Blue/White Container: recyclable materials
Gray Container: solid waste
All solid waste, recyclable, and organic waste generated or
accumulated on the commercial premises shall be deposited in said
approved bins. The city or its designee shall have the right to review
the number and size of a generator's containers to evaluate the adequacy
of capacity provided for each type of collection service for proper
separation of materials and containment of materials. 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).
Residents shall subscribe to a three-container collection service
and generators shall place materials into the container as follows:
Green Container: organic waste
Blue Container: recyclable materials
Gray Container: solid waste
(Prior code § 5783; Ord. 00-565 § 1, 2000; Ord. 01-608 § 6, 2001; Ord. 21-1169 § 2, 2021; Ord. 22-1198 §§ 3, 4, 2022)
C&D debris shall be placed only in a roll-off container
intended to be used for the collection of C&D debris or a truck
operated by a hauler with a valid solid waste or recyclables collection
permit.
(Prior code § 5784; Ord. 00-565 § 1, 2000; Ord. 13-906 § 1, 2013; Ord. 21-1169 § 2, 2021)
It shall be unlawful for any person owning, managing, or having
the control of any premises or vacant lot or any person occupying
a dwelling within the city to permit an accumulation of solid waste,
recyclables, or organic waste to become or remain offensive, unsightly,
unsafe, or hazardous, or to deposit, keep, or accumulate, or permit
or cause any solid waste, recyclables, and/or organic waste to be
deposited, kept, or accumulated, upon any property, lot or parcel
of land, or any public or private place, street, lane, alley, or driveway,
except as provided in this article. No person occupying, owning, or
in control of any premises shall permit solid waste, recyclables and/or
organic waste to accumulate, or to blow about in a manner which creates
an unsightly appearance or a health hazard.
(Prior code § 5785; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
In the case of residential properties, each container or bundle shall be kept in the side yard or rear yard prior to the time designated for collection, unless otherwise authorized by the City Manager. Subject to the provisions of Section 15.36.100, the containers or bundles shall be placed for collection on the curb in front of the premises or on the curb at the side of the premises where the premises are adjacent to a paved alley of sufficient width to allow easy passage of collection vehicles, the containers or bundles may, upon approval of the City Manager, be placed within two feet of the rear of the property line of the premises and must be readily accessible for collection from the alley. The collector and homeowner may agree, for an additional fee, or the City Manager may require, under unique circumstances, for collection to be made from another location on the premises.
The collector shall return all containers in an upright position
to the approximate location where found by the collection and without
any unnecessary noise or wear and tear or damage to the receptacles.
The collector shall reimburse the customer for any damage caused to
receptacles by the unnecessary wear and tear of the collector.
(Prior code § 5786; Ord. 00-565 § 1, 2000; Ord. 16-989 § 4, 2016; Ord. 21-1169 § 2, 2021)
No residential householder shall place or permit to be placed any container at the place of collection before 5:30 p.m. of the day preceding the scheduled collection and no later than 6:00 a.m. for the day collection is scheduled to take place. No container may be left at the place of collection after 8:00 p.m. on the day of collection or more than two hours after actual collection, whichever is later. All residential householders with an interest in a residential property found to be in violation of this section shall be jointly and severally liable for any and all penalties that may be imposed pursuant to Chapter 1.08 of this code.
(Prior code § 5787; Ord. 00-565 § 1, 2000; Ord. 16-989 § 5, 2016; Ord. 21-1169 § 2, 2021)
Every collector who rents, owns or controls any container, bin
or other equipment used for the storage of commercial or industrial
solid waste, organic waste or recyclables shall, at all times:
a.
Place
and maintain on the outside of such container, bin or other equipment,
in legible letters and numerals not less than one inch in height the
collector's name or firm name, and telephone number, in a color contrasting
to the background of the container.
b.
Keep
such containers and lids in good, clean and sanitary condition to
the satisfaction of the City Manager. Where containers are located
in a city-owned trash enclosure area, the collector shall maintain
such enclosure area in a clean and sanitary condition.
c.
Provide
containers on casters of a size, shape and construction approved by
the City Manager, in writing, for all industrial property occupants.
d.
Provide
containers, for all commercial property occupants, that are of sufficient
size and are constructed to prevent the release of any amount of solid
waste, recyclables, or organic waste.
e.
The
City Manager may, at his or her discretion, require that containers
for commercial and industrial property provide a locking-type lid.
(Prior code § 5788; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021)
The owner or occupant of commercial/industrial or residential
premises where a container is placed shall provide a clean, safe and
sanitary area for the storage thereof. The owner of a multi-unit residential
building shall provide sufficient space for the placement of at least
one refuse container with a capacity not less than three yards, one
recycling container with a capacity not less than ninety-six gallons,
and one organics container with a capacity of not less than ninety-six
gallons.
(Prior code § 5789; Ord. 00-565 § 1, 2000; Ord. 21-1169 § 2, 2021; Ord. 22-1198 § 5, 2022)
