The following terms are defined for the purposes of this chapter:
"City Sanitation Officer"
has the same meaning as in Section 13.04.030.
"Generator"
means a person or entity that is responsible for the initial creation of waste.
"Green waste"
has the same meaning as "yard refuse" in Section 13.04.030.
"Organic waste"
has the same meaning as in Section 13.72.010.
"Recyclable materials"
has the same meaning as in Section 13.72.010.
"Solid waste"
has the same meaning as in Section 13.72.010.
(Ord. 1677 § 2, 2021)
It is unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any solid waste, recyclable materials, and organic waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be kept, deposited, or allowed to accumulate as provided in this chapter.
(Ord. 1677 § 2, 2021)
The City may operate its own solid waste, recyclable materials, and organic waste service or contract with one or more contract agents to provide such service. At any time the City operates its own any solid waste, recyclable materials, and organic waste service or there is in force a contract entered into by the City with another for the collection of any solid waste, recyclable materials, and organic waste in the City, it is unlawful for any person other than the contract agent, except as otherwise provided in this chapter to collect or transport the same within the City.
(Ord. 1677 § 2, 2021)
A. 
Any person may transport his or her own solid waste, recyclable materials, and organic waste from his or her premises subject to conditions reasonably related to protection of public health and welfare, subject to Section 13.08.140.
B. 
Emergency Removal of Unsanitary Materials. Nothing in this chapter shall be deemed to prohibit the removal and hauling by a private person of materials considered by the City Sanitation Officer or the City Police Chief or the City Fire Chief to constitute a health menace of such nature as necessary to be ordered by any one of those officers or their designated representatives to be promptly removed.
(Ord. 1677 § 2, 2021)
A. 
Rules and Interpretations. The City Sanitation Officer shall make such rules and interpretations of the terms of this chapter, not inconsistent therewith, as may be necessary, reasonable and proper to effect the proper, expedient, economical and efficient collection and removal of solid waste, recyclable materials, and organic waste.
B. 
Enforcement and Right of Entry. The City Sanitation Officer shall enforce the provisions of this chapter and shall have the right to enter on any premises to determine if the provisions of this chapter are being upheld.
C. 
Supervision of Collection. The City Sanitation Officer may supervise the collection and removal of all solid waste, recyclable materials, and organic waste in the City.
(Ord. 1677 § 2, 2021)
For the collection and disposal or processing of solid waste, recyclable materials, and organic waste, a contract may be entered into by the City in accordance with and subject to the provisions of this chapter and as follows:
A. 
Rates. The contract agent shall collect and dispose of the solid waste, recyclable materials, and organic waste in the City in the manner provided in this chapter and shall not charge any amounts in excess of the rates specified by the City Council.
B. 
Security to Assure Faithful Performance. The contract agent shall furnish, at discretion of the City Manager, either a cash or surety bond to the City in a reasonable sum, conditioned upon the faithful performance of the duties required by this chapter. Such bond, at the sole discretion of the City Manager, may be executed for a term less than the term of the contract with the contract agent so long as such term is no less than one year and, in the event the contract agent cannot or will not renew such bond, City shall have the right to terminate contract agent's services after the City has given to the contract agent 30 calendar days advance written notice of the same.
C. 
Insurance. The contract agent shall procure for the period covered by the contract, full compensation insurance with an industrial carrier as defined by and in accordance with applicable law. The contract agent shall carry such additional insurance as determined by the City Council to be necessary to protect the interests of the City.
D. 
Terms and Conditions Subject to Discretion of the City Council. Prior to execution, the City Council may include in said contract any terms or conditions it deems necessary to protect the interests of the City.
(Ord. 1677 § 2, 2021)
A. 
Containers Required. It is unlawful for any person to keep, accumulate or permit or suffer to be accumulated, any solid waste, recyclable materials, and organic waste, except green waste placed in public rights-of-way as provided in Section 13.08.150, upon any lot or parcel of land, or on any public or private lanes, place, street, alley or drive, unless the same shall be in containers approved by the City Sanitation Officer. Such containers shall be kept closed or covered at all times except when necessary to place solid waste, recyclable materials, and organic waste therein or to take the same therefrom.
B. 
Cleaning Containers. All solid waste, recyclable materials, and organic waste containers shall be maintained in a neat and sanitary condition at all times by the owner or person in control or having charge of such containers.
C. 
Collection from Containers. The contents of containers for solid waste, recyclable materials, and organic waste shall be collected from all premises in the City, except as otherwise excepted in this chapter, and the owner or occupant of such premises shall make such containers reasonably accessible on the premises outside of any building, garage, or locked enclosure or at such location as may be determined by the City Sanitation Officer. Collection shall be accomplished quickly, in compliance with Section 9.28.090 and courteously. All collection containers and lids or covers for the same shall be replaced on the premises from which they were removed; with containers in an upright position, with lids closed, and within five feet of where they were originally placed before collection, but not in any driveway. Collection of the contents of such containers in residential areas and in commercial and industrial zones adjacent to residential areas shall be made only after 6:00 a.m. and before 6:00 p.m. of each day.
(Ord. 1677 § 2, 2021)
A. 
Construction of Vehicles. Solid waste, recyclable materials, and organic waste shall be removed and carried on and along the streets and alleys of the City except when carried, conveyed, or hauled in conveyances constructed so as to absolutely and completely prevent the blowing, falling, dropping, dripping, or spilling of the same.
B. 
Maintenance and Identification of Vehicles. Every truck used by a contract agent in the collection or removal of solid waste, recyclable materials, and organic waste shall meet the standards of the California Department of Industrial Relations (Cal/OSHA), applicable air quality regulators, and the Department of Motor Vehicles and shall be kept well painted, clean inside and out, and in a prominent place on each truck there shall be displayed an identifying vehicle number and a sign which identifies the contract agent.
(Ord. 1677 § 2, 2021)
Solid waste, recyclable materials, organic waste, industrial waste, or other waste matter dropped or spilled by the contract agent shall be cleaned up by the contract agent immediately.
(Ord. 1677 § 2, 2021)
All damage caused by the contract agent or its employees, except for the reasonable wear and tear sustained by collection containers, shall be reported by, or to, the contract agent and the contract agent shall pay the reasonable cost thereof.
(Ord. 1677 § 2, 2021)
Pursuant to Public Resources Code Section 40059, the City Council shall fix maximum rates for collection of solid waste, recyclable materials, and organic waste and street sweepings. Such rates may be reviewed by the City Council from time to time and the Council may classify or define various kinds of solid waste, recyclable materials, and organic waste in accordance with their relative effects upon the operation of the service and, among other things, the City Council may take into account the frequency of pickup and quantity of material picked up and provide for varying charges in accordance with the relative difficulty or cost of collection, transportation, and disposal thereof; provided, that all rules, fees, charges, or regulations are reasonable and apply to the same subjects uniformly.
(Ord. 1677 § 2, 2021)
The City Council finds that the public health, safety, and welfare of the people of the City is benefited by the periodic collection of solid waste, recyclable materials, and organic waste from all places within the City. Every owner or occupant of real property within the City, shall subscribe to solid waste, recyclable materials, and organic waste collection services. The City Council also finds that the public health, safety, and welfare of the people of the City is benefited by the periodic sweeping of streets in all areas within the City. All property owners shall be liable for the charges prescribed by this chapter unless the property is vacant and the owner has given written notice to discontinue all City utility services provided thereto.
(Ord. 1677 § 2, 2021)
A. 
Green waste piles refers to the collection of green waste placed on the street for pickup. Green waste may also be deposited in organic waste containers.
B. 
Notwithstanding provisions of this chapter to the contrary, green waste may be placed in organic waste container on the street at the curb for collection by the City or its contract agent. No hazardous waste, stumps, concrete, metal objects, soil, garbage, plastic plant containers, animal waste, rocks, or other similar non-plant material, as determined by the City Sanitation Officer, shall be placed in the container or on the street.
C. 
Upon issuance of organic waste containers, no green waste may be placed on any street, sidewalk, or public right-of-way unless it complies with this paragraph. During the designated monthly or spring collection period, leaf collection season, or if prior arrangements have been made with the City or its contract agent, green waste, except lawn clippings, may be placed in the street for pickup on scheduled collection day. The placement of lawn clippings in the street is prohibited year round. Unless designated otherwise, leaf drop season will begin on November 1 and end on January 31. Christmas trees may be placed in the street for pickup during the designated leaf collection season. During these designated periods, green waste or Christmas trees will be picked up provided that they are placed and maintained in a pile or piles immediately adjacent to, and in front of, the property from which they originated and maintained as not to restrict reasonable gutter drainage or obstruct traffic. During these designated periods outside of leaf drop season, piles may be placed in the street no sooner than one calendar week before the scheduled collection. Pile sizes shall not exceed four feet wide by five feet long by four feet high.
D. 
Violations.
1. 
Notice and Opportunity to Cure. The City or contract agent shall provide written notice of a violation of this section to any person or entity placing green waste in or on any street, sidewalk, or public right-of-way. The person or entity receiving the notice shall have seven days from the date of the notice to remove the green waste. If the green waste is not removed within this seven-day period, the City shall issue a citation.
2. 
Fines. Any person or entity violating any provision of this section may be issued an administrative citation pursuant to Chapter 9.20. Each additional seven-day period after the issuance of a citation pursuant to Chapter 9.20 in which any person or entity continues to violate any provision of this section shall constitute a new and separate violation. Any person or entity violating any provision of this section within a 12-month period of the first violation, regardless of whether the new violation relates to the previous violation, shall be issued an additional administrative citation pursuant to Section 9.20.030(D)(2)-(3).
3. 
In addition to the fines set forth above, any person or entity violating any provision of this section shall be liable for the cost of removing and disposing of the green waste. The City Sanitation Officer, or designee, shall keep an account of the costs of cleanup and removal of the green waste. If the City removes the unlawful green waste, it shall bill the violator directly, and if the contract agent collects the green waste, the costs of cleanup and removal will be added to the violator's solid waste utility bill.
(Ord. 1677 § 2, 2021)
A. 
Containers must be set out for collection no earlier than 24 hours before the scheduled collection day, but no later than 6:00 a.m. on scheduled collection day, holidays included. Street service standard for residences.
B. 
All containers shall be set out for collection as follows:
1. 
Containers must be at least three feet from any obstructions, such as, but not limited to, automobiles, trailers, motorhomes, fences, portable basketball hoops, lampposts, mailboxes, or other containers. Containers must be removed from the street to private property as soon as possible, but no later than 24 hours after collection.
2. 
For single-family residential customers, as defined in Section 13.72.010, except as specified in subsection (B)(3) or (4) below, containers for solid waste, recycling, and organic waste must be placed at the street curb or edge of road right-of-way. The wheels of the containers must be placed in the gutter with the handle facing the residence.
3. 
In some cases, where a residence has no street access, the City, in its sole discretion, may determine that the residence shall be serviced through an alleyway. For purposes of this section, "alleyways" shall mean a recorded easement for public access near a residential property or between residential properties. In such cases, containers for solid waste, recycling, and organic waste must be placed for collection adjacent to the alley property line, with direct access from the alleyway, or as directed by the City or its contract hauler. The base of the container must be placed on a stable, level surface with the handle facing the residence.
4. 
For residences with private roads, containers for solid waste, recycling, and organic waste must be placed at the nearest road right-of-way. The container must be placed on a level surface with the handle facing the shoulder of the road.
(Ord. 1677 § 2, 2021)
A. 
Ownership of Solid Waste, Recyclable Materials, and Organic Waste. Solid waste, recyclable materials, and organic waste placed at the curbside or other location for collection by an authorized contractor is the property of the customer until such time as it is collected for disposal, at which time it becomes the property of the authorized contractor.
B. 
Solid Waste, Recyclable Materials, and Organic Waste Collection and Service.
1. 
No person other than an authorized contractor or an alternative recycler shall remove solid waste, recyclable materials, or organic waste which have been placed in an approved container at the curbside or on the customer's premises. Any and each violation thereof from one or more collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.
2. 
All residents and commercial businesses shall subscribe to solid waste, recyclable materials, and organic waste collection service from one or more authorized contractors. The City Council may make such election by resolution or in any solid waste collection agreement entered into pursuant to Section 13.08.060 and subject to such terms and conditions as the City Council may prescribe.
C. 
Destroying, Scattering, Scavenging, or Collecting Recyclable Materials Without the Consent of the Owner Is Prohibited. It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, contaminate, or take any recyclable materials without the consent of the owner of the recyclable materials.
D. 
Approved Solid Waste, Recyclable Materials, and Organic Waste Containers—Ownership and Unauthorized Removal. It is unlawful for a person other than:
1. 
The customer or designee; or
2. 
The City; or
3. 
An authorized agent of the City; or
4. 
The authorized contractor or alternative recycler to remove any approved solid waste, recyclable materials, and organic waste container from the customer's premises or curbside.
E. 
Right of Individual to Sell or Donate Recyclable Materials or Organic Waste. Nothing in this chapter shall modify, limit, or abrogate in any manner the right of any individual person, organization, or any other entity to donate, sell, or exchange at fair market value recyclable materials or organic waste, provided that any such transfer is in accordance with the provisions of this chapter, or Chapter 13.36 or 13.72.
F. 
Placement of Solid Waste, Recyclable Materials, and Organic Waste Containers. No solid waste, recyclable materials, and organic waste containers or bins within the City shall be placed or located in such a manner that blocks or impedes vehicular or pedestrian traffic, falls within the designated visibility triangles, or obstructs egress from any building or property, whether or not such building or property may be abandoned or otherwise not in use.
G. 
Source Separation of Solid Waste, Recyclable Materials, and Organic Waste. All generators in the City shall make reasonable efforts to properly source separate recyclable materials and organic waste from the general waste stream as designated by the City and/or an authorized contractor and in accordance with Chapter 13.72.
H. 
Contamination of Recyclable Materials.
1. 
Recycling containers provided by the authorized contractor may not contain 10% or more of nonrecyclable materials (contaminants). Any customer which violates this requirement may be charged at the solid waste disposal rate for the disposal of that container. Any customer whose recyclable materials was not collected because it contained contaminants is responsible for properly separating recyclable materials from the nonrecyclable materials for collection and proper recycling.
2. 
It is unlawful for an authorized contractor or alternative recycler to combine materials in solid waste bins or carts or organic waste bins or carts with materials in recycling bins or carts in one collection vehicle.
I. 
Civil Action by Authorized Contractor. Nothing in this chapter shall be deemed to limit the right of the authorized contractor to bring a civil action against any person who violates the above described sections of this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized contractor.
(Ord. 1675 § 1, 2021; Ord. 1677 § 2, 2021)