A.
The
city council finds and determines as follows:
1.
In
order to meet the requirements of the California Integrated Waste
Management Act of 1989 (Public Resources Code Sections 40000, et seq.),
including source reduction of the solid waste stream, diversion of
solid waste from landfills, and conservation of natural resources,
it is necessary to regulate the collection of solid waste from commercial/industrial
and residential premises, and to encourage recycling of solid waste
materials.
2.
The
mandates of the Environmental Protection Agency, the Southern California
Air Quality Management District, and other regulatory agencies, concerning
air pollution and traffic congestion management, require the regulation
and, where possible, reduction in the number, of waste collection
vehicles and vehicle trips which cause the discharge of air contaminants
and create air pollution.
3.
A
reduction in the number of waste collection vehicles using the city
streets daily will reduce traffic hazards and congestion and promote
safety.
4.
The
storage, accumulation, collection and disposal of solid waste, including,
without limitation, garbage, trash, debris and other discarded materials
is a matter of substantial public concern in that improper control
of these matters may create a public nuisance, air pollution, fire
hazard, rat and insect infestation and other problems adversely affecting
the public health, safety and welfare.
5.
Regulation
of the collection of solid waste, garbage, refuse and other discarded
materials from all residential, commercial and industrial properties
within the city will provide the most orderly and efficient solution
to these problems and will promote the public health, safety and welfare.
6.
The
regulation of solid waste handling services in the city will also
promote the public health, safety and welfare by requiring the use
of newer and safer vehicles, the regular maintenance of those vehicles,
and the reduction of spillage and litter on the public streets, by
establishing responsibility for the cleaning of refuse bins and containers,
and by providing for accountability to the public.
B.
This
chapter is enacted by the city council pursuant to the following statutory
authorization and in order to accomplish the objectives set forth
in this section:
1.
Public
Resources Code Section 40059 authorizes the city to determine: (a)
all aspects of solid waste handling which are of local concern, including,
but not limited to, frequency of collection, means of collection and
transportation, level of services, charges and fees, and nature, location
and extent of providing solid waste handling services; and (b) whether
the services are to be provided by means of nonexclusive franchise,
contract, license, permit, or otherwise, either with or without competitive
bidding, or if, in the opinion of its governing body, the public health,
safety and well-being so require, by partially exclusive or wholly
exclusive franchise, contract, license, permit, or otherwise, either
with or without competitive bidding.
2.
Public
Resources Code Section 49300 provides that the city may, pursuant
to terms and conditions as may be prescribed by its legislative body,
contract for the collection or disposal, or both, of garbage, waste,
refuse, offal, trimmings, or other refuse matter.
3.
Public
Resources Code Section 49501 provides that the city may take action,
whether by franchise, contract, license, permit, or otherwise, whereby
the city itself, or one or more other local agencies or solid waste
enterprises is authorized or permitted to have the exclusive right
to provide solid waste handling services of any class or type within
all or any part of the territory of the city.
4.
It
is the intent of this chapter to set forth terms and conditions pursuant
to which authorization may be granted by the city council to provide
solid waste handling services, and to promote the public health, welfare
and safety of the community by establishing reasonable regulations
relating to the storage, accumulation, collection and disposal of
solid waste, trash, debris and other discarded matter, goods, and
material.
5.
This
chapter shall be construed in a manner consistent with all applicable
federal and state laws. If any federal or state agency shall hereafter
exercise any paramount jurisdiction over any specific provisions of
this chapter, that paramount jurisdiction shall preempt or preclude
the exercise of like jurisdiction by the city. Modification of a federal
or state law or regulation shall, to the extent applicable to the
city, be deemed a part of this chapter as of the effective date of
the modification.
(Prior code §5200; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
The following words and phrases, whenever used in this chapter and Chapter 8.34 of this code, shall be defined as follows:
means a medium sized solid waste container between one cubic
yards and six cubic yards.
has the same meaning as in 14 CCR Section 18982(a)(5) and
shall be used for the purpose of storage and collection of source
separated recyclable materials or source separated blue container
organic waste.
means California's Department of Resources Recycling and
Recovery, which is the department designated with responsibility for
developing, implementing, and enforcing SB 1383 regulations on the
city (and others).
means the city of Malibu.
means an employee or authorized agent of the city of Malibu.
means the city manager or authorized designee(s) who is/are partially or wholly responsible for enforcing Chapter 8.34 of this code.
means the operation of gathering together and/or transporting
by means of a motor vehicle any classification of solid waste, including
green container, blue container, and gray container wastes, within
the city of Malibu.
means any person who has been issued a franchise to provide
solid waste and/or recyclable collection services in the city or who
has been given the notice provided for in Public Resources Code Sections
49520 and 49521 and who has been issued a permit by the city to operate
for the unexpired period of time set forth in such notice or any other
extension thereof approved by the city. Collector shall include both
commercial and residential collectors.
means a firm, partnership, proprietorship, joint stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing Chapter 8.34.
includes a tier one or a tier two commercial edible food
generator as defined herein or as otherwise defined in 14 CCR Sections
18982(a)(73) and (a)(74). For the purposes of this definition, food
recovery organizations and food recovery services are not commercial
edible food generators pursuant to 14 CCR Section 18982(a)(7).
means any person, firm, corporation or other enterprise or
organization holding or occupying, alone or with others, commercial/industrial
premises, whether or not it is the holder of the title or the owner
of record of the commercial/industrial premises.
means any activity that composts green material, agricultural
material, food material, and vegetative food material, alone or in
combination, and the total amount of feedstock and compost onsite
at any one time does not exceed 100 cubic yards and 750 square feet,
as specified in 14 CCR Section 17855(a)(4); or as otherwise defined
by 14 CCR Section 18982(a)(8).
means a review of records by the city to determine compliance with Chapter 8.34 of this code.
has the same meaning as in 14 CCR Section 17896.2(a)(4),
which stated, as of the effective date of this definition, that "compost"
means the product resulting from the controlled biological decomposition
of organic solid wastes that are source separated from the municipal
solid waste stream, or which are separated at a centralized facility.
means any debris resulting from the construction, modification
or demolition of any structure, roadway or property. "Construction
and demolition waste" includes, but is not limited to, asphalt, concrete,
drywall, metals, roofing materials, soils and wood.
means any vessel, tank, receptacle, dumpster, box or bin
used or intended to be used for the purpose of holding solid waste
for collection.
means a container, regardless of color, that contains prohibited
container contaminants, or as otherwise defined in 14 CCR Section
18982(a)(55).
means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter or Chapter 8.34 of this code as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
means the complete operation of treating and/or disposing
of solid waste, including organic waste and recyclable materials,
after the collection thereof.
means the document adopted by the city council which is used
to determine the net amount of solid waste and/or recyclable materials
disposed of in a permitted or certified facility.
includes a disposal form or a copy of such form prepared
by the collector or an officer or agent of the collector. Disposal
reports shall also include necessary information to verify the report
or supplied information.
means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of Chapter 8.34 or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter, Chapter 8.34 or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
means an action of the city to address noncompliance with Chapter 8.34 of this code, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
means hazardous substance, hazardous waste, infectious waste,
designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the city and its
generators, reasonably believe(s) would, as a result of or upon acceptance,
transfer, processing, or disposal, be a violation of local, state,
or federal law, regulation, or ordinance, including: land use restrictions
or conditions, waste that cannot be disposed of in Class III landfills
or accepted at the facility by permit conditions, waste that in the
city's, or its designee's reasonable opinion would present a significant
risk to human health or the environment, cause a nuisance or otherwise
create or expose the city, or its designee, to potential liability;
but not including de minimis volumes or concentrations of waste of
a type and amount normally found in single-family or multifamily solid
waste after implementation of programs for the safe collection, processing,
recycling, treatment, and disposal of batteries and paint in compliance
with Sections 41500 and 41802 of the California Public Resources Code.
Excluded waste does not include used motor oil and filters, household
batteries, universal wastes, and/or latex paint when such materials
are defined as allowable materials for collection through the city's
collection programs and the generator or customer has properly placed
the materials for collection pursuant to instructions provided by
the city or its designee for collection services.
means a company that distributes food to entities, including,
but not limited to, supermarkets and grocery stores, or as otherwise
defined in 14 CCR Section 18982(a)(22).
has the same meaning as in Section 113789 of the Health and
Safety Code.
means actions to collect and distribute food for human consumption
that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes
that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14 CCR Section 18982(a)(25),
including, but not limited to:
A food bank as defined in Section 113783 of the Health and Safety
Code;
A nonprofit charitable organization as defined in Section 113841
of the Health and Safety code; and
A nonprofit charitable temporary food facility as defined in
Section 113842 of the Health and Safety Code.
means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter and Chapter 8.34 of this code and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
means all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread,
cheese, and eggshells. Food scraps excludes fats, oils, and grease
when such materials are source separated from other food scraps.
means an entity primarily engaged in providing food services
to institutional, governmental, commercial, or industrial locations
of others based on contractual arrangements with these types of organizations,
or as otherwise defined in 14 CCR Section 18982(a)(27).
is compostable paper material that has come in contact with
food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons.
means food scraps and food-soiled paper.
has the same meaning as in 14 CCR Section 18982(a)(28) and
shall be used for the purpose of storage and collection of gray container
waste.
has the same meaning as in 14 CCR Section 18982(a)(29) and
shall be used for the purpose of storage and collection of source
separated green container organic waste.
means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and
poultry; and any area that is not separately owned within the store
where the food is prepared and served, including a bakery, deli, and
meat and seafood departments, or as otherwise defined in 14 CCR Section
18982(a)(30).
means the designated itinerary or sequence of stops for each
segment of the city's collection service area, or as otherwise defined
in 14 CCR Section 18982(a)(31.5).
means and includes waste defined as hazardous by Public Resources
Code Section 40141 as it now exists or may subsequently be amended,
namely, a waste or combination of wastes, which because of its quantity,
concentration, toxicity, or physical, chemical or infectious characteristics,
may do either of the following: (1) cause or significantly contribute
to, an increase in mortality or an increase in serious irreversible,
or incapacitating reversible, illness; or (2) pose a substantial present
or potential hazard to human health or environment when improperly
treated, stored, transported, or disposed of, or otherwise managed.
"Hazardous waste" includes extremely hazardous waste and acutely hazardous
waste, and any other waste as may hereafter from time to time be designated
as hazardous by the Environmental Protection Agency ("EPA") or other
agency of the United States Government, or by the California Legislature
or any agency of the state of California empowered by law to classify
or designate waste as hazardous, extremely hazardous or acutely hazardous.
means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50% between
January 1, 2022 and December 31, 2024, and 75% after January 1, 2025,
as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste
received from the "Mixed waste Organic Collection Stream" as defined
in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR
Section 18982(a)(33).
means any property occupied or used for any purpose (other
than residential or commercial uses) authorized or permitted in the
industrial zones under the provisions of the Malibu zoning ordinance.
means a site visit where the city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter and Chapter 8.34, or as otherwise defined in 14 CCR Section 18982(a)(35).
means an event, including, but not limited to, a sporting
event or a flea market, that charges an admission price, or is operated
by a local agency, and serves an average of more than 2,000 individuals
per day of operation of the event, at a location that includes, but
is not limited to, a public, nonprofit, or privately owned park, parking
lot, golf course, street system, or other open space when being used
for an event. If the definition in 14 CCR Section 18982(a)(38) differs
from this definition, the definition in 14 CCR Section 18982(a)(38)
shall control.
means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and Chapter 8.34 and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and Chapter 8.34 and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall control.
means a school district, charter school, or county office
of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14
CCR Section 18982(a)(40).
means a metal bar that can be installed on a bin that allows
the lid to be locked to the bin with the use of a padlock.
means the city manager or designee of the city.
means the waste droppings from any animal not disposed of
through sewers or on-site wastewater systems.
means, for purposes of implementing the SB 1383 regulations in Chapter 8.34, of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.
includes, but is not limited to, paper that is coated in
a plastic material that will not breakdown in the composting process,
or as otherwise defined in 14 CCR Section 18982(a)(41).
means non-putrescible and non-hazardous recyclable wastes,
including, but not limited to, bottles, cans, metals, plastics and
glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
means the president, vice-president, treasurer or other duly
designated representative of a collector.
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).
means a person or entity that is responsible for the initial
creation of organic waste, or as otherwise defined in 14 CCR Section
18982(a)(48).
means a lock that can be locked and unlocked with a combination
code or control key.
include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated
boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
means a solid waste collector who has obtained a permit to
collect, transport and remove solid waste, organic waste and/or recyclable
materials from the boundaries of the city of Malibu.
includes, without limitation, any individual, firm, co-partnership,
general partnership, limited partnership, joint venture, association,
entity, corporation, or any other group or combination thereof acting
as a unit.
include, but are not limited to, copy, xerographic, watermark,
cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint,
and other uncoated writing papers, posters, index cards, calendars,
brochures, reports, magazines, and publications, or as otherwise defined
in 14 CCR Section 18982(a)(54).
means the following:
Discarded materials placed in the blue container that are not
identified as acceptable source separated recyclable materials for
the city's blue container;
Discarded materials placed in the green container that are not
identified as acceptable source separated green container organic
waste for the city's green container;
Discarded materials placed in the gray container that are acceptable
source separated recyclable materials and/or source separated green
container organic wastes to be placed in city's green container and/or
blue container; and
Excluded waste placed in any container.
means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste,
and returning them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality
standards necessary to be used in the marketplace. "Recycling" does
not include transformation as defined in Public Resources Code Section
40201.
means the use of the internet of things (IoT) and/or wireless
electronic devices to visualize the contents of blue containers, green
containers, and gray containers for purposes of identifying the quantity
of materials in containers (level of fill) and/or presence of prohibited
container contaminants.
means any person holding and occupying residential premises,
whether or not the owner, singly or with his or her family, within
the territorial limits of the city.
means the owner of any residential premises in the city.
means any residential property in the city, except any multiple
dwelling containing five or more dwelling units.
means an establishment primarily engaged in the retail sale
of food and drinks for onpremises or immediate consumption, or as
otherwise defined in 14 CCR Section 18982(a)(64).
means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7,
and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in
a statewide effort to reduce emissions of short-lived climate pollutants
as amended, supplemented, superseded, and replaced from time to time.
means a person, who hauls solid waste, organic waste or recyclable
material he or she has generated to another person. 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
organic waste to a destination owned and operated by the generator
using the generator's own employees and equipment, or as otherwise
defined in 14 CCR Section 18982(a)(66)(A).
means, for purposes of implementing the SB 1383 regulations in Chapter 8.34, of, from, or pertaining to any residential premises with fewer than five units.
has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
non-putrescible solid, semi-solid, and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically
fixed sewage sludge which is not hazardous waste, manure, vegetable
or animal solid and semi-solid wastes, and other discarded solid and
semi-solid wastes, with the exception that solid waste does not include
any of the following wastes:
Hazardous waste, as defined in the State Public Resources Code
Section 40141.
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).
Medical waste 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 solid waste landfill, as defined in
State Public Resources Code Section 40195.1. Medical waste that has
been treated and deemed to be solid waste shall be regulated pursuant
to Division 30 of the State Public Resources Code.
means any individual, partnership, joint venture, unincorporated
private organization, or private corporation regularly engaged in
the business of providing solid waste handling services.
means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter and Chapter 8.34, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.
means source separated organic wastes that can be placed
in a blue container that is limited to the collection of those organic
wastes and non-organic recyclables as defined in Section 18982(a)(43),
or as otherwise defined by Section 17402(a)(18.7).
means source separated organic waste that can be placed in
a green container that is specifically intended for the separate collection
of organic waste by the generator, excluding source separated blue
container organic waste, carpets, non-compostable paper, and textiles.
means source separated non-organic recyclables and source
separated blue container organic waste.
means the state of California.
means a full-line, self-service retail store with gross annual
sales of two million dollars ($2,000,000.00), or more, and which sells
a line of dry grocery, canned goods, or nonfood items and some perishable
items, or as otherwise defined in 14 CCR Section 18982(a)(71).
means a container provided by a collector and used for a
temporary period of time for the disposal of solid waste or construction
or demolition waste or other waste not generated on a regular or continuing
basis.
means a commercial edible food generator that is one of the
following:
means a commercial edible food generator that is one of the
following:
Restaurant with 250 or more seats, or a total facility size
equal to or greater than 5,000 square feet.
Hotel with an onsite food facility and 200 or more rooms.
Health facility with an onsite food facility and 100 or more
beds.
Large venue.
Large event.
A state agency with a cafeteria with 250 or more seats or total
cafeteria facility size equal to or greater than 5,000 square feet.
A local education agency facility with an on-site food facility.
means the process of moving solid waste through the city
by means of a motor vehicle.
means a collection service that collects green waste and
yard waste that is placed in a pile or bagged for collection on the
street in front of a generator's house or place of business for collection
and transport to a facility that recovers source separated organic
waste, or as otherwise defined in 14 CCR Section 18982(a)(75).
means receipts provided by a solid waste or recycling facility
reflecting the net amount of solid waste disposed of by a collector
at the correlating facility.
means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables)
is received, shipped, stored, prepared for distribution to a retailer,
warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 18982(a)(76).
(Prior code § 5201; Ord. 87 § 1, 1993; Ord.
128 § 2, 1995; Ord. 262 § 2, 2004; Ord. 462 § 3,
2020; Ord. 489 § 1, 2021)
No person shall collect and/or dispose of solid waste, organic
waste or recyclable materials in the city without having first been
issued an annual solid waste hauler permit or a franchise. Such permit
shall be in addition to any business license or permit otherwise required
by the city. No permit issued by any other local governmental agency
authorizing collection of solid waste or recyclable materials shall
be valid in the city.
(Prior code § 5202; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
Every
collector who offers temporary bin/roll-off drop box service within
the city shall obtain a hauler permit and an encroachment permit (including
site specific conditions) from the city. This encroachment permit
allows the collector to place the temporary bin/roll-off drop box
on city right-of-way for the purpose of collection.
B.
All
temporary bin/roll-off drop boxes shall display the name and telephone
number of the collector. The letters shall be not less than two inches
in height and one inch in width. The bins shall have reflective tape
affixed for nighttime safety on the corners of all four sides.
C.
The
collector shall at all times keep temporary bin/roll-off drop box
in good, clean (graffiti-free), and sanitary condition to the satisfaction
of the city, and shall remove it from the area when cleaning and repairing.
D.
The
collector shall be responsible for any damage to the city's driving
surfaces, whether or not the roadway surface is paved, resulting from
the weight of, or any leakage or spillage of oils, fluids or solids
by vehicles providing discards collection and transportation services.
(Ord. 489 § 1, 2021)
A.
Applications.
Applications shall include, but not be limited to, the following:
1.
Name
of applicant;
2.
Business
address and addresses where all vehicles will be stored;
3.
A
description of each vehicle and other equipment that the applicant
owns or has under its control, including the age and mechanical condition
of each vehicle, a statement as to whether the vehicle is self-loading,
leak proof, meets the requirements set forth in the California Highway
Patrol Basic Inspection of Terminal (BIT) Program, copies of valid
California Department of Motor Vehicles (DMV) vehicle registrations
for fleet, CA / MCP number or US DOT (or copy of DMV Motor Carrier
Permit);
4.
A
statement of applicant's experience and a list of other jurisdictions
where applicant operates;
5.
A
copy of applicant's current financial statement;
6.
A
list of clients which the collector will regularly and routinely service
in the city;
7.
Proposed
collection rates to be charged by applicant;
8.
A
statement as to whether the applicant has been convicted of any felony
or misdemeanor, the nature of the offense, and the punishment or penalty
assessed therefor, exclusive of traffic violations not constituting
a felony;
9.
Detailed
information regarding recycling services offered to clients; if applicable,
a list of the facilities where organic waste will be transported;
10.
Requested tipping receipts, weight tickets/invoices and supporting
documentation;
11.
Any other information requested by the manager;
12.
Permit Fees. Each permittee shall pay a yearly fee in an amount determined
by the city council.
B.
Insurance
Requirements.
1.
Collector's
Liability Insurance. Each collector shall furnish the city a policy
or certificate of comprehensive general and automobile liability insurance
acceptable to the city attorney insuring the collector against bodily
injury, property damage and automobile liability in the sum of one
million dollars ($1,000,000.00) combined single limit. These limits
shall be subject to annual review by the city for the purpose of reasonably
adjusting to current insurance conditions and requirements. Such insurance
shall be primary and any insurance maintained by the city shall be
excess insurance, shall be procured from an insurer authorized to
do business in the state of California, shall name the city of Malibu
and its officers, employees and agents as additional insureds, and
shall not be canceled or modified without first giving to city 30
days' prior written notice.
2.
Worker's
Compensation Insurance. Each collector shall at all times provide,
at its own expense, workers' compensation insurance coverage for all
of its employees. Each collector shall file and maintain certificates
with the manager showing said insurance to be in full force and effect
at all times the collector shall have a permit issued by the city.
(Prior code § 5203; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5204; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
Any permit issued under this chapter shall be for a term of
not more than one year and shall expire June 30 of each year. Permitted
haulers are required to submit quarterly disposal reports.
A.
Each
collector shall provide the city within 30 days following the end
of every quarter, and within 10 business days following the end of
the last quarter (April–June), separate monthly disposal reports
for each collection route which include the following:
1.
Total
amount of solid waste removed from the city for the reporting three-month
period;
2.
The
name, address and telephone number of each solid waste disposal and/or
recycling facility used by the collector during the reporting period;
3.
All
information required by the city's recycling and resource recovery
program, including any information necessary for the city to comply
with applicable SB 1383 Regulations.
B.
Each
report shall be signed by an officer of the collector.
(Prior code § 5205; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A permit issued under this chapter shall not be transferred,
delegated or assigned. No permittee shall sell, assign, hypothecate,
relinquish, surrender or transfer its interest in a permit to any
person or collector or allow another person or entity to use its permit
in any act for which a permit is required without the prior written
consent of the city council. The restriction includes the transfer
of ownership or the majority of ownership or control of the permittee,
or a transfer of a majority of the permittee's stock to another person
(Prior code § 5206; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
After review of the permit application, the manager may deny
the issuance of an annual hauler permit based on information disclosed
in the permit application. Denial of an annual permit may be based
on an incomplete application, failure to demonstrate qualifications
or financial responsibility necessary to comply with the requirements
of this chapter, failure to supply required reports, or previous violations
of any provision of this chapter.
(Prior code § 5207; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
The city may suspend or revoke a permit based on noncompliance
with this chapter, the code or other applicable law. The city shall
provide written notice prior to any suspension or revocation which
shall include notice of the opportunity to request a hearing within
10 days. Upon timely receipt of a hearing request, the manager shall
consider the appeal and his or her decision shall be final.
(Prior code § 5208; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5209; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5210; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5211; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5212; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5213; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5214; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
The city council may authorize, by franchise, a solid waste enterprise to provide solid waste handling services for residential, commercial, or industrial users or customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city. Except for permitted haulers authorized as provided in Sections 8.32.030 through 8.32.090 of this chapter, no person shall collect and/or dispose of solid waste, organic waste or recyclable materials in the city without having first been awarded a solid waste collector franchise and entered into a franchise agreement with the city. Such franchise shall be in addition to any business license or permit otherwise required by the city. Except for the provisions of Sections 8.32.030 through 8.32.090 of this chapter relating to annual permits, all such franchisees shall comply with all of the requirements of this chapter.
The city council may, by resolution, establish rates to be charged to residential owners and commercial/industrial business owners by the franchised collector for the collection of solid waste, including organic waste and recyclable materials. The city council may, by resolution, establish or adjust the rates to be charged by other collectors who are qualified and permitted to provide solid waste collection services under Public Resources Code Sections 49520 and 49521. No collector shall charge any rate or fee or any other charge which is greater than the rate established by the city council, unless otherwise authorized in this chapter. Every commercial/industrial business owner and residential owner shall pay the rates established from time to time by the city council for collection services rendered pursuant to this chapter in the manner set forth in Section 8.32.370 of this chapter. The city council shall establish rate categories as may be appropriate for collection services provided by the commercial/industrial collectors.
(Prior code §5220; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5221; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5222; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5223; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5224; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5225; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5226; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5227; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5228; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5229; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5230; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5231; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5232; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5233; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5240; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5241; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5242; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5243; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
Franchised
and Permitted Collectors. Any collector shall maintain an office at
some fixed location and shall maintain a telephone at the office,
listed in the current telephone directory in the firm name by which
it conducts business in the city, and shall at all times during the
hours between seven a.m. and six p.m. of each weekday, have an employee
or agent at the office to answer inquiries and receive complaints.
B.
The
collector shall maintain at the office a written log of all complaints
and/or inquiries received. Such log shall contain the date of inquiry
or complaint, the caller's name, address and telephone number, the
nature of the complaint or inquiry, the action taken or the reason
for inaction, and the date such action was taken. All inquiries and
complaints shall be responded to and/or dealt with within 24 hours
of receiving the call. Such log of complaints and other records pertaining
to solid waste, organic waste and recyclable materials collection
and disposal shall be open to the inspection of the city at all reasonable
times and shall be maintained for a period of one year. Compliance
with the requirements of this section shall be conditioned to any
permit or franchise which is awarded by the city.
(Prior code § 5244; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5245; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5246; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
The
billing and collection of the rates, fees and charges authorized by
the city council for solid waste collection services, including the
collection of organic waste and recyclable materials, shall be the
responsibility of the collector, and the city shall have no liability
or responsibility therefor.
B.
In the
alternative, the city may in its discretion and in connection with
a franchise entered into pursuant to this chapter collect fees for
solid waste, organic waste or recyclable materials collection services
by causing fees to be placed on the Los Angeles County tax rolls through
procedures established by the Los Angeles County tax collector.
(Prior code § 5247; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5248; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5249; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5250; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
Any vehicle utilized for the collection, transportation or disposal
of solid waste, organic waste or recyclable materials in or from the
city shall comply with the following standards:
A.
Each
vehicle shall at all times be kept clean and sanitary, in good repair
and well and uniformly painted, and be maintained and/or operated
in such a manner to ensure that no solid waste, oil, grease, or other
substance will blow, fall out, escape or leak out of the vehicle.
B.
Routine inspections by the California Highway Patrol will be required annually and certificates for the inspection shall be filed along with the permit application required under Section 8.32.040 of this chapter.
C.
The
collector's name or firm name and its telephone number shall be printed
or painted in legible letters not less than five inches in height
on both sides of all of collector's vehicles used in the city.
E.
The
use of a vehicle which fails to comply with each of the standards
set forth in this section is prohibited. A collector shall immediately
remove any vehicle from collection service which fails, at any time,
to conform to any of the standards recited in this section and shall
not use that vehicle until it is repaired.
F.
Should
the manager give notification at any time to a collector that any
of the collector's vehicles is not in compliance with the standards
of this chapter, the vehicle shall be immediately removed from service;
and shall not again be utilized in the city until it has been inspected
by the California Highway Patrol and approved for safe operation through
the BIT Program. The collector shall maintain its regular collection
schedule regardless of the repair of any vehicle.
(Prior code § 5251; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5252; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
All
collectors shall operate all equipment in compliance with all federal,
state and local laws. Collection vehicles shall not be operated in
a manner which results in undue interference with normal traffic flows
or violation of any traffic laws and loaded collection vehicles shall
not be parked or left unattended on the public streets. No collection
vehicle shall be parked on a public street or thoroughfare in the
city. All collection vehicles shall comply with and be operated in
accordance with applicable law.
B.
Litter.
Any collector who releases or permits or causes the release of any
solid waste, including organic waste or recyclable materials, on public
or private property in the city at any time shall forthwith clean
up, contain, collect and remove same.
C.
Noise. A collector shall so conduct its operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the existing noise levels of the area within which collections are made. Noise emitting from any collection vehicle shall not exceed the standards set forth in Chapter 8.24 of this code.
(Prior code § 5253; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5254; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
Every collector shall, at all times, offer all required services and otherwise comply with city policies and programs regarding solid waste recovery, reduction of solid waste and recycling of solid waste, including the city's source reduction and recycling element, Chapter 8.34 of this code and applicable SB 1383 Regulations. Such policies and programs may be established by resolution of the city council. Compliance with such policies and programs shall be a condition of any permit issued pursuant to this chapter.
B.
All
solid waste collected from residential or commercial/industrial premises
for a fee, service charge, or other consideration, shall be collected
by a solid waste enterprise under the provisions of a franchise awarded
by the city council or pursuant to an annual permit.
C.
Each
residential property owner and householder and commercial/industrial
business owner in the city shall, at all times utilize the services
of a franchisee or a permitted collector and pay the fees approved
by the city council for the collection of solid waste, organic waste,
and recyclable material.
D.
Nothing
in this chapter shall prevent a commercial/industrial business which
has its own recycling or resource recovery program for recyclable
materials or organic waste generated by such business and not utilizing
a solid waste enterprise which provides collection services for a
fee, service charge, or other consideration, from continuing such
recycling or resource recovery program, and the recyclable materials
or organic waste included in such program are excepted from the provisions
of this chapter. Notwithstanding the foregoing, such commercial/industrial
business shall comply in all respects with any applicable federal,
state, or local laws, including but not limited to any applicable
SB 1383 Regulations.
(Prior code § 5260; Ord. 87 § 1, 1993; Ord.
128 § 3, 1995; Ord. 489 § 1, 2021)
A.
Each
collector shall collect and dispose of all solid waste, including
organic waste and recyclable materials, placed for collection from
each customer at least once during each calendar week. Routes of collection
shall be so arranged that collection from any premises will be made
on the same day of each week. Collection from commercial and industrial
premises shall occur as often as necessary to avoid an accumulation
of solid waste in violation of this chapter, provided that collection
from such premises occurs at least weekly.
B.
The
collector shall return all containers in an upright position to the
approximate location where found by the collector and without any
unnecessary noise or wear and tear or damage to the containers.
C.
Ownership.
At such time as the solid waste, including organic waste and recyclable
materials, is collected by the collector, such solid waste is the
property of the collector.
D.
No collection
within the city shall be made between the hours of six p.m. and six
a.m. Monday through Saturday or at any time on Sunday.
E.
No delivery
or removal of containers by a collector may be made between the hours
of six p.m. and seven a.m. the next day.
F.
The
manager may waive the requirements of this section when necessitated
by conditions beyond the control of the collector.
(Prior code § 5261; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5262; Ord. 87 § 1, 1993; Ord.
128 § 3, 1995; Ord. 489 § 1, 2021)
(Prior code § 5263; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5264; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5265; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5266; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5267; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5268; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5269; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5270; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5271; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5280; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5281; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5282; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5283; Ord. 87 § 1, 1993; Ord.
462 § 4, 2020; Ord. 489 § 1, 2021)
(Prior code § 5284; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5285; Ord. 87 § 1, 1993; Ord.
128 § 3, 1995; Ord. 489 § 1, 2021)
(Prior code § 5286; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
A.
Generally.
1.
Any
container to be placed for collection containing solid waste, recyclable
materials or organic waste shall have a tightly fitting lid. The lid
shall remain closed at all times.
2.
Only
the provided containers shall be used as containers for solid waste
collection. No cardboard box or paper bag may be used as a container
for any solid waste.
3.
All
source separated recyclable materials set out for collection shall
be emptied prior to placement in the blue container.
B.
Residential.
1.
Placement
of Containers at Residential Premises. In the case of residential
premises, each container shall be kept in the side-yard or rear-yard
prior to the time designated for collection. On the appropriate day
the containers 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 more than one street as close to the curb
line or edge of roadway as practicable.
2.
Time
of Placement. No residential householder shall place or permit to
be placed solid waste containers at the place of collection at the
residential premises before five-thirty p.m. of the day preceding
the scheduled collection. No container may be left at the place of
collection after eight p.m. on the day of collection.
3.
Uncontainerized
Green Waste and Yard Waste Collection Service. If uncontainerized
green waste and yard waste collection service is offered by the hauler,
such uncontainerized waste shall be handled in the manner prescribed
by the hauler.
C.
Commercial
and Industrial.
1.
Every
collector who rents, owns, or controls any container or other equipment
used for the storage of commercial or industrial solid waste, recyclable
material or organic waste shall, at all times:
a.
Place and maintain on the outside of such container 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 containers and lids in a good, clean and sanitary condition
to the satisfaction of the manager;
c.
Provide containers on casters for all industrial business owners;
d.
Provide containers, for all commercial business owners, that are
of sufficient size and are constructed to prevent the release of any
amount of solid waste, recyclable materials and organic waste; and
e.
Offer for rent, ownership, or control bins with double-walled plastic
lids, lock bars, and padlocks to be used for solid waste, recyclable
materials and organic waste.
2.
All
commercial/industrial business owners and property owners using containers
and other equipment for the storage of commercial or industrial solid
waste, recyclable materials or organic waste shall, at all times:
a.
Maintain all containers and trash enclosure areas in a clean and
sanitary condition to the satisfaction of the manager;
b.
Use bins with double-walled plastic lids, lock bars, and padlocks
for solid waste, recyclable materials and organic waste; and
c.
Keep the lids of bins closed and locked at all times except when
disposing, removing or inspecting solid waste, recyclable materials
and organic waste.
(Prior code § 5287; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5288; Ord. 87 § 1, 1993; Ord.
489 § 1, 2021)
(Prior code § 5289; Ord. 87 § 1, 1993; Ord.
462 § 5, 2020; Ord. 489 § 1, 2021)
(Ord. 462 § 6, 2020; Ord. 489 § 1, 2021)
(Prior code § 5300; Ord. 87 § 1, 1993; Ord.
159 § 2, 1997; Ord. 489 § 1, 2021)
A.
No provision of this chapter shall apply to any self-hauler operating in compliance with Chapter 8.34.
B.
No provision
of this chapter shall prevent a contractor from collecting and disposing
construction debris resulting from the contractor's own work; provided,
however, that no contractor shall employ or engage the services of
any solid waste enterprise, other than a franchised or permitted collector,
to collect, transport or dispose of such debris.
C.
Public
Officials Exempted. The provisions of this chapter shall not prohibit
any of the officers or employees of the city, or any employees of
a contractor for the city, or any employees of any governmental subdivision
of the state, from collecting, removing and disposing of such rubbish
in the regular course of their respective duties as such employees.
D.
Occasional
Self-Hauling Permitted. Householders hauling occasional loads of solid
waste, from their own premises to a legal point of disposal shall
be exempted from the provisions of this section.
E.
Commercial
Industrial Exclusions for Source Separated Recyclable Materials.
1.
No
provision of this chapter shall prevent a commercial/industrial business
owner from selling to a buyer, for a monetary or other valuable consideration,
any source separated recyclable materials, including without limitation,
any saleable scrap, discard, reject, by-product, ferrous or nonferrous
metal, worn-out or defective part, junk, pallet, packaging material,
paper or other similar item generated in, on or by a commercial/industrial
premises or business but having market value, whether such buyer is
a recycler, junk dealer, or other enterprise engaged in the business
of buying and marketing such materials in the stream of commerce;
provided however, that such buyer is not engaged in the business of
collecting solid waste for a fee or other charge or consideration
and that no such materials are transported to a landfill or transfer
station (as defined in Public Resource Code Section 40200) for disposition.
2.
No
provision of this chapter shall prevent a recycler, junk dealer or
other enterprise engaged in the business of buying and marketing such
materials in the stream of commerce and who is not engaged in the
business of collecting solid waste or providing solid waste collection
services for a fee or other charge, or consideration, from buying
any materials mentioned in this subsection for a monetary or other
valuable consideration and who buys such materials for marketing and
not for disposition in a landfill or transfer station (as defined
in Public Resources Code Section 40200); nor shall any provision of
this chapter prevent such recycler, junk dealer or enterprise who
buys such materials from removing and transporting such materials
to a destination for marketing in the stream of commerce.
F.
Commercial
Industrial Exclusions for Renovation, Rebuilding and Repairs. No provision
of this chapter shall prevent a commercial/industrial business owner
from arranging for any worn, spent, defective or other part or equipment
used in such commercial/industrial business and requiring renovation,
rebuilding, recharging, regeneration or repair, to be picked up, renovated,
rebuilt, recharged, regenerated or otherwise restored and repaired
and returned to such commercial/industrial business owner; nor shall
any provision of this chapter prevent any person engaged in the business
or renovating, rebuilding, recharging, regenerating, or otherwise
restoring or repairing such part or equipment from transporting the
same from or returning it to the commercial/industrial business or
from removing, transporting or disposing of any such part or equipment
replaced as a part of a repair or equipment service contract.
(Prior code § 5301; Ord. 87 §1, 1993; Ord. 199 § 2, 1997; Ord. 489 § 1,
2021)
(Prior code § 5302; Ord. 87 § 1, 1993; Ord.
159 § 2, 1997; Ord. 489 § 1, 2021)
(Prior code § 5303; Ord. 87 §, 1993; Ord. 128 § 4, 1995; Ord. 159 § 2,
1997; Ord. 489 § 1, 2021)
A.
Authorized Collection and Removal. Except as otherwise herein provided, it is unlawful for any person other than a franchised or permitted collector or the city to gather, collect, or remove any solid waste, recyclable materials or organic waste from any premises within the city. No collector may operate any vehicle for the collection of solid waste, recyclable materials or organic waste in the city unless the owner of the vehicle is a franchisee or a permittee as defined in Section 8.32.020.
B.
Private
Contracts Prohibited. It is unlawful for the property owner or legal
occupant of property in the city to contract for or to use the services
of a person collecting solid waste, recyclable materials or organic
waste, unless such company or contractor is franchised or permitted
by the city.
C.
Trespass.
No person authorized to collect or transport solid waste, organic
waste or recyclable materials shall enter on private property beyond
the extent necessary to collect such solid waste properly placed for
collection.
D.
It is
unlawful at any time for any person, including collectors, to burn
any solid waste, organic waste or recyclable materials within the
city.
E.
It is
unlawful at any time for any person, including collectors, to bury
or dump any solid waste, organic waste or recyclable materials within
the city.
F.
Transfer
of Loads on Public Streets. No person shall transfer solid waste,
organic waste or recyclable materials from one collection vehicle
to another on any public street or road unless such transfer is essential
to the method of operation and is approved by the city manager, or
is necessary owing to mechanical failure or accidental damage to a
vehicle.
G.
No person
other than the collector who provides collection services at the premises,
or the owner or employee of the owner of the container, or the person
upon whose premises such container is located, or a city employee,
shall remove any material from a solid waste, organic waste or recyclable
materials container.
H.
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, or remove any container or other equipment used for the
storage of solid waste, organic waste or recyclable materials.
I.
Unauthorized
Setting Out of Containers. 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 or recyclable materials not originating
on the premises.
J.
Unlawfully-Placed
Solid Waste Containers.
1.
Unauthorized
Solid Waste Containers. Subject to the exceptions under this section,
it is unlawful for any person to place or leave standing a solid waste,
organic waste or recyclable materials container on any public or private
property within the city except for collection and disposal of such
solid waste by the city or permitted contractor as specifically authorized
in this section and as defined in their active solid waste hauling
permit.
2.
Removal
of Unlawfully-Placed Solid Waste Containers. The city manager or designee
may cause the posting of a notice to remove in a conspicuous place
on any solid waste container placed on any public or private property
within the city in violation of this section. If any solid waste container
is deemed by the city to be a public safety hazard, said container
shall be immediately removed.
K.
Accumulation
of Solid Waste Prohibited. It is 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, organic waste and/or recyclable materials to become or
remain offensive, unsightly, or unsafe to the public health or safety
or hazardous from fire, or to deposit, keep, or accumulate, or permit
or cause any such solid 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
chapter. No person occupying, owning, or in control of any premises
shall permit solid waste, organic waste and/or recyclable materials
to accumulate or create a health hazard. It is unlawful for any person
to dispose of their 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.
(Ord. 262 § 2, 2004; Ord. 489 § 1, 2021)
A.
The
manager shall have primary responsibility for enforcement of this
chapter. The manager is authorized to take any and all other actions
reasonable and necessary to enforce this chapter, including, but not
limited to, inspecting any commercial or industrial premises to verify
compliance.
B.
In addition to any other remedies that may be provided for by the terms of a collection permit or franchise agreement, and in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10 of this code.
C.
The
city attorney may seek legal, injunctive, or other equitable relief
to enforce this chapter.
D.
The
remedies and penalties provided in this section are cumulative and
not exclusive of one another.
(Ord. 325 § 5, 2008; Ord. 462 § 7, 2020; Ord. 489 § 1, 2021)
