The city council finds and determines that a municipal program
for the collection and recycling of newspapers, metal food and beverage
containers, glass, old corrugated cartons, graded or sorted waste
paper, waste motor oil (residential), and PET plastic beverage containers,
within the city of San Bruno, and the licensing of persons engaged
herein, is in the public interest and serves to promote the general
welfare of the city of San Bruno.
This ordinance is hereby enacted to increase participation rates,
improve recyclable material recovery rates, reduce landfill dependency,
and ultimately maintain a cost effective overall garbage, rubbish,
refuse or recyclable program for the citizens, businesses and institutions
of the city of San Bruno.
It is also recognized that the recycling program hereby established
may be victimized by unauthorized scavengers; and that the theft of
recyclable materials before they can be picked up by the authorized
collector would be destructive to the economic viability of the program,
as well as detrimental to the economic interests of the city of San
Bruno at large, and the citizens, businesses and institutions in particular.
It is the additional purpose of this ordinance to define clear ownership
of recyclable materials and to provide for the protection of those
ownership rights.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
For the purposes of this chapter the following words and phrases
shall have the meanings as set forth hereinafter unless the context
appears otherwise:
means that person, partnership, joint venture or corporation
authorized by contract with the city of San Bruno to collect recyclable
materials pursuant to this chapter.
means any organization or other entity maintained for community
service, education or the public good, including service clubs, scouting
organizations, religious and educational organizations and recognized
charities.
means to take physical possession of materials at any commercial
location, institutional location, multi-residential complex or residential
unit of another.
means any business, retail, office, professional or industrial
premises or site including but not limited to motels, hotels and automobile
courts. Such definition includes non-profit activities such as churches,
synagogues, charitable organizations, fraternal, service and social
clubs.
means the premises or site of a commercial entity.
means the place where an authorized recycling agent is to
pick up segregated, recyclable materials. The location is identified
by contract between the authorized recycling agent and the city of
San Bruno and will customarily be the curbside of a residential neighborhood
or the service alley of a commercial or institutional entity.
means any location operated by a governmental entity, including
city, county, state and/or federal buildings, public schools, colleges,
and public recreational sites.
means the premises or site of an institutional entity.
means any residential building, boardinghouse, apartment
building, condominium complex, stock cooperative complex, or flats
consisting of more than three independent dwelling units. "Multi-residential
complex" does not include motel, hotel or automobile court.
means any tenant, lessee, business, occupant or owner of
real property within the city of San Bruno.
means any one or more of the following categories of materials
collected and recycled or salvaged from within the city of San Bruno:
means the process of sorting, cleansing, treating, and reconstituting
waste or other discarded materials for the purpose of using the altered
form. "Recycling" does not include merely sorting, shredding, stripping,
compressing, storing, land filling with, or otherwise disposing of
waste or other discarded materials.
means any single-family dwelling, duplex, triplex, apartment
house of three-dwelling units or less, or condominium complex of three-dwelling
units or less. For the purposes of this chapter, each apartment, flat,
or dwelling unit of a duplex, triplex, three-unit or less apartment
house, or three-unit or less condominium complex shall be considered
as a separate dwelling.
means those recyclable materials which have been separated:
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
It is unlawful for any person to keep, deposit, bury or dispose
of any recyclable materials, except as in this chapter provided, in
or upon any private or public property, street, alley, sidewalk, gutter,
park or upon the banks of any stream or creek in the city of San Bruno,
or in or upon any of the waters thereof; and every person in the city
of San Bruno who disposes of recyclable materials shall dispose of
same only in the manner provided in this chapter.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
A recyclable
materials collection service program is established and shall be available
to all persons, residences, businesses and institutions in the city
of San Bruno for the purpose of providing for the orderly and regular
collection of recyclable materials within the city of San Bruno under
this program. Creation and operation of a collection program does
not preclude the operation of certified recycling centers created
pursuant to Division 12.1 of the California Public Resources Code
and/or charitable entity recycling programs.
B.
Recyclable
materials for donation, sale, or collection by or to any person or
entity other than the authorized recycling agent, may not be stored
or transferred by use of the recycling receptacles described in this
chapter, or any other containers used for recycling provided by the
authorized recycling agent. Storage of recyclable materials at the
designated collection location other than for pickup by the authorized
recycling agent as defined herein, is prohibited.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
The
city council may, with or without having invited bids therefor, enter
into an exclusive contract with any responsible individual, association,
firm, organization or other business entity, whether or not said entity
is operated for profit, for the collection of any or all recyclable
materials within the city of San Bruno. Where such a contract provided
for has heretofore or hereafter been entered into between the city
of San Bruno and a contractor for the collection of any or all recyclable
materials as herein provided, said contractor shall be the authorized
recycling agent for the city of San Bruno.
B.
If
in the determination of the city council said contractor shall have
satisfactorily performed such contract, the city council, without
inviting bids or proposals therefor and without giving notice of its
intention to do so, may either prior to or after the expiration of
such contract, extend or renew the same for such a period and on such
terms and conditions as the city council shall deem necessary and
appropriate.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
The city of San Bruno's official authorized recycling agent
must offer recyclable materials collection service to all persons,
residences, businesses and institutions within the city limits pursuant
to the terms and conditions of any exclusive contract for such service.
The city council may establish standard regulations for the methods
of collection of recyclable materials, collection service charges,
frequency of pickup, and the civil and/or criminal remedies available
for enforcing this chapter.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
The provisions of this chapter shall be the minimum requirements
for the protection of the public health, safety, convenience and general
welfare.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
Persons
desiring to participate in the San Bruno recycling program shall prepare
and separate those recyclable materials that the city has contracted
for pickup by the authorized recycling agent from other garbage and
refuse as required by the collection contract, and thereafter have
the segregated recyclable materials placed within receptacles as required
by this chapter, or within the designated collection location, which
shall be collected by the authorized recycling agent.
B.
Receptacles
containing recyclable materials for residential units shall be placed
at curbside for collection by the authorized recycling agent; but
shall not be placed at curbside earlier than twelve hours prior to
the date and time for scheduled collection, nor left remaining at
curbside longer than twelve hours following the date and time for
scheduled collection.
C.
Receptacles
containing recyclable materials for multi-residential complex, commercial
and/or institutional locations shall be of a size and serviceability
agreed to by the authorized recycling agent and thereafter placed
at the designated collection location.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
Pursuant
to the terms and conditions of any exclusive contract between the
city of San Bruno and the authorized recycling agent, each residential
unit shall be provided with suitable and sufficient receptacles to
store segregated recyclable materials to be made available for curbside
pick-up. The color, style and markings of such receptacles shall be
mutually agreed upon between the city of San Bruno and the authorized
recycling agent.
B.
Initial
provision of residential receptacles shall be made at no charge to
persons participating in the San Bruno recycling program. All such
residential receptacles shall be and remain the property of the authorized
recycling agent, and shall not be used for any purpose other than
the segregation and curbside placement of recyclable materials. Participating
persons relocating out of the city of San Bruno shall leave all residential
receptacles at the premises.
C.
It
is the duty of every person participating in the San Bruno recycling
program to maintain receptacles in a reasonably safe and secure manner;
and all such receptacles shall be so placed and kept at the designated
collection location so as to be readily accessible for removal and
collection therefrom and placed such that they will not be a public
nuisance or in any degree offensive.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
The city of San Bruno's official authorized recycling agent
contracted with, in accordance with this chapter, shall be considered
as and shall be an independent contractor and shall act under its
own directions as to the manner of performing its work; and it shall
keep itself and all of its employees insured against all liability
under California Workers' and Employees insurance, compensation and
safety laws and against public liability and property damage, including
all such liability for use or operation of motor vehicles used in
the performance of work hereunder. Such public liability insurance
shall be to the extent of one million dollars for each incident of
death or injury to persons and/or property. Evidence of such insurance
shall be filed with the city of San Bruno upon request.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
An award of such contract shall confer upon the entity to whom
the contract is awarded the exclusive right as the city of San Bruno's
official authorized recycling agent hereunder, during the term of
the contract, to collect, transport, sell and dispose of all recyclable
materials collected within the city of San Bruno as provided herein,
and all provisions of this chapter applicable to the authorized recycling
agent shall constitute and be part of any contract awarded hereunder.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A charge shall be collected by the city of San Bruno's official
authorized recycling agent from the tenant, lessee, owner or occupant
of each residential unit, as well as for each multi-residential, commercial
and/or institutional entity situated within the city limits, at rates
to be established by contract between the city of San Bruno and the
official authorized recycling agent, said rates to be subject to change
upon approval of an agreement between the city of San Bruno and said
official collector.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
Nothing
contained in this chapter shall preclude any person, business or other
entity from disposing of segregated recyclable materials without utilizing
the city of San Bruno's official authorized recycling agent, provided
that the recyclable materials are disposed of by such persons individually
or by his or her employee or employees to an authorized recyclable
materials collection site or station that has been duly approved and
authorized as such by an appropriate governmental authority or other
appropriate authority.
B.
Nothing
herein contained shall prevent any person, business or other entity
from allowing recyclable materials to be picked up, dropped off, or
otherwise donated to any charitable entity.
C.
The
use of receptacles or other containers provided by the authorized
recycling agent or the pick-up of such recyclable materials from any
designated collection location is prohibited by anyone other than
the authorized recycling agent.
D.
Nothing
herein contained shall inhibit, regulate or restrict any recycling
center, nonprofit dropoff program or recycling processor as permitted
by "The Solid Waste Management Resource and Recovery Act of 1972"
or the "California Beverage Container Recycling and Litter Reduction
Act" of 1986.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
A.
It
is unlawful for any person, business or other entity, not otherwise
excepted by the provisions of this chapter, or by state or federal
law, to collect recyclable materials in the city of San Bruno; provided
however, the collection of segregated recyclable materials with the
intent to recycle all such materials collected by one who has an arrangement
to and does recycle all such materials collected shall not be prohibited.
The receipt of money or other consideration by the collector in addition
to the materials collected creates the presumption that the collection
of such materials is not for the purpose of recycling.
B.
From
the time of placement of recyclable materials at curbside, or other
appropriate designated collection locations or in any container used
for recycling provided by the authorized recycling agent, said recyclable
materials shall be and become the property of the authorized recycling
agent.
C.
Any
person engaged in the unauthorized collection of recyclable materials
in guilty of an infraction. Any such unauthorized collections from
one or more locations within the city of San Bruno shall constitute
a separate and distinct offense.
D.
As
an alternative to criminal enforcement, both the city of San Bruno
and the authorized recycling agent have the independent authority
to civilly enforce any provisions of this chapter, to and including
the authority to seek treble damages pursuant to California Public
Resource Code Section 41953. The San Bruno city manager may invoke
these remedies, or any of them, whenever he or she deems it appropriate.
(Ord. 1484 § 1, 1987; Ord. 1902 § 3, 2021)
