As used in this chapter, the words below shall have the following definitions, unless the context specifically indicates otherwise:
"Authorized contractor"
means a person, company, agency, district, or other entity authorized by the city council to provide service or services to collect MSW, recyclable materials, and/or organic waste from others within the city limits in accordance with the provisions this chapter.
"California Code of Regulations" or "CCR"
means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"City"
means the City of Oroville, a municipal corporation, and all the territory lying within the municipal boundaries of the city as presently existing or as such boundaries may be modified during the term.
"City enforcement official"
means the city manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "regional or county agency enforcement officer."
"Collection services"
means MSW, recyclable material, and organic waste collected by the authorized contractor pursuant to this chapter, and Article 3.
"Commercial business," "business," or "businesses"
means all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories, hospitals, assisted living facilities and all other premises used for functions other than dwelling houses, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily complex that consists of fewer than 5 units is not a commercial business for purposes of implementing this chapter.
"Compost" or "organic waste"
has the same meaning as in 14 CCR Section 17896.2(a)(4), and means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal solid waste stream. Organic waste includes food scraps, food soiled paper products, yard trimmings and wood materials and do not contain hazardous waste.
"Construction and demolition (C&D) debris"
includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.
"Container" or "containers"
means watertight metal or plastic objects with lids or covers, designed, and used to hold MSW, recyclable material, organic waste, or cooking oil/grease prior to collection, provided by the city or authorized contractor. Containers include wheeled carts with lids, bins, open-top roll-off boxes, compactors, and oil/grease tanks.
"Contamination"
means placing materials in a container that is labeled and intended for storage of another type of material, and which would either interfere with the processing of the material or reduce the quality and value of the recovered material. For example, placing metals or plastics in a container labeled "yard trimmings" constitutes "contamination" because it would interfere with the equipment and processes used to compost or mulch the yard trimmings. Similarly, placing food scraps in a container labeled "recyclable materials" would contaminate recyclable materials, making it more difficult to properly sort and process them for marketing.
"Enclosure"
means a walled structure for the storage of MSW, recyclable materials and organic waste containers, with one or more gates for access.
"Generate"
means to bring into existence or create, or to use, maintain or possess an item, material or product, the result of which such creation, bringing into existence, use, maintenance, or possession is that the item, material or product first becomes, or is converted, transformed, evolved to, or deemed as MSW, recyclable materials, or organic waste. "Generate" shall not mean or include any form of activity, program, service of business by which MSW, recyclable materials or organic waste are in any manner collected or accumulated from another person, business, entity, or establishment of any kind.
"Inspection"
means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of solid waste, recyclables, organic waste or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Multi-family complex"
means a residential premises with 5 or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
"Municipal solid waste" or "MSW"
means all fractions of discarded putrescible and non-putrescible solid, semi-solid and liquid wastes, including trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded substances or materials. MSW does not include:
A. 
Hazardous waste, as defined in the State Public Resources Code Section 40141.
B. 
Low-level 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).
C. 
Untreated medical waste which is 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 MSW landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be MSW shall be regulated pursuant to Division 30 of the State Public Resources Code.
D. 
Recyclable materials which have been source or type-separated from other waste material.
"Organic waste"
means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
"Owner"
means the legal owner of real property fronting on any street; and as used in this chapter the singular shall include the plural, and shall include an individual, a firm, an association, a corporation, a partnership and the lessees, trustees, agents, employees, servants and representatives of any such owner. Proof of the assessment of any real property, the subject of this chapter, to any person or legal entity on the official assessor's rolls shall constitute prima facie evidence that such person or legal entity to whom such property is so assessed is the legal owner thereof.
"Public street" or "streets"
means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way or any portions thereof of the city.
"Recyclable material"
means material which otherwise would become or be treated as MSW but which, by means of a process of collecting, sorting, cleansing, treating and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused or reconstituted products, which may be used in the market place. "Recyclable materials" includes paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the authorized contractor.
"Self-hauler"
means a person, who hauls MSW, recyclable material, or organic waste he or she has generated to a transfer, processing, recovery, or disposal facility other than the authorized contractor, whose primary business is not waste hauling. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting compost material to a destination owned and operated by the generator using the generator's own employees and equipment, or as other-wise defined in 14 CCR Section 18982(a)(66)(A).
"Yard waste"
means tree trimmings, grass cuttings, leaves, branches, and similar organic materials, including vineyard clippings, sawdust, wooden chopsticks, and other clean wood items under 36 inches.
(Ord. 1206; Ord. 1861 § 2, 2021)
The city through its duly authorized agents, designees or employees, shall have the exclusive right to collect MSW, recyclable material, and organic waste, within the city, and it shall be unlawful for any person, except as otherwise provided in this chapter, to collect such MSW, recyclable material, and organic waste in the city.
(Ord. 1206; Ord. 1861 § 2, 2021)
The city council shall adopt by resolution, the rates and charges and rules and regulations controlling and governing the keeping, collecting and disposal of MSW, recyclable material and organic waste.
(Ord. 1206; Ord. 1861 § 2, 2021)
It is unlawful for any person to allow MSW, recyclable material and organic waste to accumulate outside of his or her authorized MSW, recyclable material and organic waste container. Said MSW, recyclable material and organic waste shall be removed weekly.
A. 
The owner of any property within the city in or from which MSW, recyclable material, and organic waste is created, accumulated, or produced shall subscribe to and pay for MSW, recyclable material and organic waste collection service rendered to such property by the city or the party contracting with the city under a franchise agreement to collect the MSW, recyclable material, and organic waste.
B. 
Any authorized contractor holding the franchise with the city to furnish MSW, recyclable material, and organic waste collection and disposal service shall furnish such service to all residents of the city without discrimination as to the rates for similar services.
(Ord. 1401 § 2; Ord. 1861 § 2)
A. 
It is unlawful for any person to deposit or keep MSW, recyclable material and organic waste except in the manner specified in this chapter and by obeying the regulations authorized by this chapter.
B. 
Use of Containers Required. All residential premises and commercial businesses or other establishments within the city shall deposit all MSW, recyclable material, and organic waste accumulated from their location and/or operations in separate watertight containers of a capacity of not more than 30 gallons each with tight-fitting covers, or other approved containers as supplied by the authorized contractor and shall not keep or accumulate, or permit to be kept or accumulated, any MSW, recyclable material or organic waste, except in containers. Containers must be kept clean, free of contamination and sanitary at all times, and be kept covered except when MSW, recyclable material or organic waste are deposited therein or removed therefrom.
C. 
All containers shall be provided and maintained on the premises where MSW, recyclable material, and organic waste are produced, in a place easily accessible to the authorized contractor but where it will not be a public nuisance or otherwise offensive.
D. 
It is unlawful for any person to place MSW, recyclable material and organic waste containers within a public right-of-way except as follows:
Containers for residential service may be placed for collection at ground level of the property, not within the right-of-way of the street or alley, or sidewalk and accessible to and not more than 2 feet from the curb or sidewalk. Containers shall be placed at street-side for collection within 12 hours of the time for collection and shall be removed within 12 hours after collection service is rendered. Other containers such as bins and drop boxes shall be placed for collection in a location easily accessible to the authorized contractor.
E. 
MSW, Recyclable Material and Organic Waste.
F. 
Commercial Business and multi-family complexes are required to provide MSW, recyclable material and organic waste collection containers in compliance with Article 3 of this chapter. The owners thereof shall provide for all tenants adequate collection areas and space for the disposition of MSW, recyclable material, and organic waste as herein stated, and further shall pay for collection thereof if such collection is not otherwise paid for.
G. 
In the case of persons who, because of age, infirmity, disease, or handicap are incapable of placing the MSW, recyclable material, and organic waste containers at street-side, the authorized contractor, upon being informed of such fact, shall contact the individuals involved and shall make reasonable alternative arrangements concerning the location of the container for pickup at no additional charge.
H. 
None of the MSW, recyclable material, and organic waste collection services shall include disposal of:
1. 
MSW such as large appliances, furniture, sod, earth removal or concrete removal.
2. 
Chemicals which can only be disposed of in a Class I dump.
Residents may make special arrangements with the MSW, recyclable material, and organic waste authorized contractor at special rates should residents need assistance in the removal of such items.
(Ord. 1401 § 2; Ord. 1657 § 1; Ord. 1861 § 2, 2021)
A. 
Nothing contained in this chapter shall be construed as prohibiting the owner or tenant of any premises in the city from self-hauling any MSW, recyclable material, or organic waste, in order to reduce the amount to be taken away by the city or its authorized contractors or employees. An owner or tenant may do this by means of any regular employee but not by means of any person who shall in any way receive the benefits of the use of any such MSW, recyclable material or organic waste.
B. 
MSW, recyclable material, and organic waste must be removed by the city or its authorized contractor at least weekly by means of a completely enclosed compactor truck. Nothing contained in this section shall be construed as relieving any person from paying the regular MSW, recyclable material, and organic waste fee established by the city.
(Ord. 1401 § 2; Ord. 1861 § 2, 2021)
A. 
This article establishes regulations governing open (dooryard) burning with the City of Oroville to protect public safety, air quality, and environmental health. These regulations align with applicable fire safety and air quality standards.
B. 
Definitions:
1. 
Open or Dooryard Trash Burning Defined (Nonagricultural). "Open burning or dooryard burning" is the burning of growth materials or non-soiled paper from the property owned or controlled by the permittee. This does not include lot clearing, agricultural crop waste or commercial properties. Valid for one- and two-family dwelling properties.
2. 
Agricultural Burning Defined. "Agricultural burning" shall be defined in the Butte County air pollution control district agricultural and land clearing laws and shall include orchard debris, field crops and all other agricultural waste and land clearing.
C. 
Authority: The chief of the Oroville Fire Department or their designee has the following:
1. 
Authority to Modify or Revoke. The fire chief may alter burn hours, impose additional restrictions, or revoke permits at any time in the interest of public safety.
2. 
Final Authority. The fire chief's decisions regarding permits are final and not subject to appeal. Written notice shall be provided to permit holders when feasible.
D. 
Permit Requirements.
1. 
Open or Dooryard Burning. A dooryard burn permit (OFD 12-6900) shall be obtained from the Oroville Fire Department, Oroville City Hall or online before igniting any open or dooryard fire. No person shall conduct opening burning without a valid Burn Permit issued by the City of Oroville.
a. 
Burn Permits are valid for one year from the date of issuance unless revoked or suspended.
b. 
The fire chief and or designee retains sole discretion to issue, deny, or revoke permits at any time based on factors, including, but not limited to, fire risk, air quality, weather conditions, or other relevant safety considerations.
c. 
An annual permit fee of the amount outlined in the master fee schedule is hereby established for all open burning and agricultural permits issued.
2. 
Agricultural Burning. Pursuant to City of Oroville regulations, a fire department burn permit (OFD 12-6500) shall not be required if the permittee holds a valid agricultural burn permit issued by the Butte County Air Quality Management District. However, all agricultural burns conducted within the city limits of Oroville shall be subject to inspection and approval by the Oroville Fire Department prior to the burn.
E. 
Open Burning/Dooryard Burning Requirements.
1. 
Starting on May 1 of each year all burning is permitted between the hours of 6:00 a.m. and 11:00 a.m. (must be completed and fully extinguished by 11:00 a.m.). Burning will be temporarily suspended once the fire chief determines that all hazardous conditions have been abated or when local conditions are deemed too dangerous for burning.
2. 
Post Burn Suspension (Typically Fall and Winter): Burning is permitted from 8:45 a.m. until one hour before sunset (unless further restricted by fire chief) on days when burning is allowed.
No prior notification required. Permit holders are not required to notify the Oroville Fire Department prior to burning. However, the permittee is required to present a copy of permit to any fire officer upon request.
3. 
Daily Burn Status Check. Permit holders must confirm the daily burn status with the BCAQMD before igniting:
a. 
Residential Burning: www.bcaqmd.org.
b. 
Agricultural burning: see BCAQMD agricultural guidance.
c. 
Permit inquires: Contact the Oroville Fire Department.
4. 
Permittee shall ensure that a sufficient number of individuals, including themselves, are present at the time of burning to maintain complete safety.
5. 
An individual 18 years of age or older must be in attendance and responsible for supervising the burn at all times.
6. 
Burn permits may only be issued to the legal property owner.
7. 
No burning shall be undertaken unless weather conditions (particularly wind) are such that they can reasonably be considered safe (wind velocity less than 5 mph during burning).
8. 
Maximum pile size: 6-foot diameter piles.
9. 
Area within 10 feet of the outer edge of pile is maintained free and clear of all flammable material and vegetation.
10. 
Have water supply at burning site capable of controlling the fire.
11. 
Residential burning by the use of an open, outdoor fire does not include any material from a business, industry, agriculture, or any other source other than applicant's residence.
12. 
This permit does not allow the burning of household trash or garbage, recyclable material, and organic waste, demolition or construction debris (2 x 4s, plywood, etc.); rubberized, asphalt or petroleum products, materials, impregnated with any form of oil, resin, asphalt or rubber cotton, hemp, wool products, clothing, mattresses and/or bedding.
13. 
Permittee required to present copy of permit to any fire officer upon request.
F. 
Burning Bans.
1. 
Burning bans may be implemented during periods of extreme fire danger due to high temperatures, low humidity or high winds or a combination of these factors.
2. 
All burning permits are automatically suspended during a declared burn ban.
3. 
When a burning ban is enacted, all local media will be notified for public advisory, however it remains the responsibility of each individual to determine prior to ignition whether or not a burning ban has been enacted.
G. 
Penalty for Violation. Violations of the ordinance codified in this section may result in immediate extinguishment, permit revocations, administrative citation, correction notices, and cost recovery. Each day a violation continues shall constitute a separate and enforceable offense.
1. 
Enforcement. Any fire found to be in violation of this article, or determined to present a hazard, may be ordered extinguished immediately by the responding officer.
2. 
Permit Revocation. Burn permits may be suspended or revoked by the fire chief or a designated enforcement officer.
3. 
Administrative Citation. Violations of this chapter or any condition of a burn permit are subject to administration citation in accordance with the Oroville Municipal Code.
4. 
Correction Notices. Violators may be issued with written notices requiring corrective action within a specified timeframe.
5. 
Cost Recovery. The city may recover all costs associated with enforcement or emergency response from the responsible party.
6. 
Continuing Violations. Each day that a violation continues shall be considered a separate offense, subject to additional enforcement actions.
(Ord. 1467 § 2; Ord. 1579 § 1; Ord. 1861 § 2, 2021; Ord. 1892, 9/8/2025)
The design of all vehicles used to collect MSW, recyclable material, and organic waste will be prescribed by regulation and shall be satisfactory to the department of public works and the health officer.
(Ord. 1206; Ord. 1861 § 2, 2021)
The city enforcement official or his or her designated representative shall be the enforcement officer responsible for administering the provisions herein.
(Ord. 1206; Ord. 1861 § 2, 2021)
A. 
It is unlawful for any person to keep or deposit MSW, recyclable material, and organic waste anywhere in the city upon the property of another or in containers owned, controlled or maintained by another unless permission is first obtained.
B. 
Any person violating any of the provisions of this section is guilty of an infraction and shall be punishable by a fine not to exceed the amount outlined in the master fee schedule.
(Ord. 1206; Ord. 1238 § 1; Ord. 1861 § 2, 2021)
The city enforcement official or health officer, environmental health director, and of the County of Butte, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, may issue a citation to a person or corporation whenever he or she has reasonable cause to believe that the person has committed a misdemeanor in his or her presence which is a violation of any ordinance, statute or law, enforcement of which is under the administration of the health officer.
(Ord. 1348 § 1; Ord. 1861 § 2, 2021)
A. 
Except as specifically otherwise provided in this chapter, all MSW, recyclable material, and organic waste within the city shall be collected by the authorized contractor. It shall be unlawful for any person, commercial business, entity, or establishment of any kind to fail to deliver such MSW, recyclable material, or organic waste to the authorized contractor, or to subscribe to the collection service, as provided by this chapter. It shall further be unlawful for any person, commercial business, entity or establishment of any kind otherwise to pay, reimburse, contract with or otherwise arrange for any other person, commercial business, entity or establishment of any kind, other than the authorized contractor, to collect, transport or dispose of MSW, recyclable material, or organic waste generated, produced or otherwise accumulated within the city.
B. 
Notwithstanding any other provision of this chapter, but subject to the express exceptions set forth in this section, the following persons and commercial businesses shall be required to receive collection service:
1. 
All existing owners and occupants receiving collection service as of the effective date of this section;
2. 
All owners and occupants of any residential premises constructed after the effective date of this chapter; and
3. 
All new owners and occupants of any structure:
a. 
Existing as of the effective date of this chapter; and
b. 
Not receiving collection service at the time of any change of ownership and occupancy of each structure. The authorized contractor shall have the duty to collect MSW, recyclable material, and organic waste from such structures at each of the foregoing times. The owners and occupants of such structures shall be liable to the authorized contractor for the cost of such collections at the rates authorized by the city council pursuant to this chapter.
C. 
This section shall not require the following persons to receive collection service:
1. 
All existing single family and commercial business owners (including multi-family complexes) and occupants of structures who, as of the effective date of this chapter, own and/or occupy a structure which does not receive collection service, provided such owners and occupants continue to own and/or occupy such structure.
2. 
All owners and occupants of structures who demonstrate and certify to the satisfaction of the city manager or his or her designee, that collection service is not needed because the owner or occupant satisfies any of the following criteria:
a. 
The owner or occupant does not generate sufficient MSW, recyclable material, and organic waste to require collection service, and promptly and appropriately transports his or her MSW, recyclable material and organic waste to a permitted disposal facility; or
b. 
The owner or occupant otherwise has arranged for shared MSW, recyclable material, and organic waste disposal with the owner or occupant of another structure receiving collection service, and such shared service does not involve an undue accumulation or improper storage of MSW, recyclable material, and organic waste.
(Ord. 1562 § 1; Ord. 1861 § 2, 2021)
A. 
All billing for MSW, recyclable material and organic waste collection and/or street sweeping shall be made by the authorized contractor; all charges shall become delinquent 90 days after billing date.
B. 
If the bill remains unpaid after the date of delinquency, the authorized contractor shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until 15 days after notification of the delinquency to the owner and recipient of service. The form and content of the delinquency notice sent by the contractor shall be approved by the fire chief. The contractor shall simultaneously file with the city a formal written notice stating the assessor's parcel number of the parcel to which service was rendered, that such delinquency notice has been sent to such recipient and owner and the date and address to which notice was sent. Delinquency fees shall be set by resolution of the city council.
C. 
Should the bill remain unpaid at the expiration of the 15 days, the authorized contractor may assign said bill to the city for lien proceedings.
D. 
Upon the city's receipt of the assignment from the contractor and at the convenience of the city (i.e., once per year during the month of May), city staff shall initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection and/or street sweeping has been rendered.
E. 
The lien will be officially recorded in the Butte County recorder's office. The lien may carry such additional administrative charges as set forth by resolution of the Oroville city council. The owner shall be notified by the city finance department that the delinquency charges and administrative charges are due the city and that said lien has been recorded.
(Ord. 1562 § 1; Ord. 1861 § 2, 2021)