A. 
All solid waste, recyclables, and organic waste collected from residential or commercial/industrial premises for a fee, service charge or other consideration shall be collected by an authorized collector, subject to the exclusions set forth in Article V of this chapter, and the limited rights granted collectors with collection permits pursuant to this chapter.
B. 
No person, firm, corporation or solid waste enterprise or other person, other than an authorized collector, shall negotiate or contract for, undertake to receive, collect or transport solid waste, recyclables, or organic waste from within the city for a fee, service charge or other consideration therefor, except as expressly provided herein.
C. 
Except as otherwise provided in this chapter, each residential householder and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste, recyclables, and organic waste from the residential or commercial/industrial premises held or occupied by such householder or owner and shall pay for such services the fees set by the collector and authorized by the city council. No residential householder or commercial/industrial business owner shall enter into an agreement for solid waste, recyclables, and organic waste collection services with any person other than the authorized collector, except as otherwise expressly provided in this chapter.
(Prior code § 5200.29; Ord. 1956 § 1, 2021)
A. 
Any person who deposits or causes to be deposited any solid waste, recyclables, or organic waste on any public property, including the public right-of-way, or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same.
B. 
To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized establishments and institutions shall provide, empty and maintain adequate containers for public deposit of solid waste generated by the public as a result of the patronization of such establishments.
(Prior code § 5200.30; Ord. 1956 § 1, 2021)
It is unlawful for any person to transport any loose solid waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of solid waste on public or private property.
(Prior code § 5200.31; Ord. 1956 § 1, 2021)
No person shall transfer solid waste, recyclables, or organic waste 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, or is necessary owing to mechanical failure or accidental damage to a vehicle.
(Prior code § 5200.32; Ord. 1956 § 1, 2021)
A. 
No person other than the authorized collector shall tamper with or remove any solid waste, recyclables, or organic waste from a container, other than the owner or occupant of the property served by such container, or an authorized employee of the city.
B. 
Subject to any exclusions set forth in Article V of this chapter, no person shall deposit solid waste from a residential or commercial/industrial premises in any place other than in an approved container located on the premises which generated the solid waste.
(Prior code § 5200.33; Ord. 1956 § 1, 2021)
A. 
No collection or delivery/removal of containers shall be made between the hours of 6:00 p.m. and 6:00 a.m. Monday through Saturday or at any time on Sunday.
B. 
The city manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector. The city manager may require a collector to change hours of operation if disruption occurs.
(Prior code § 5200.34; Ord. 1956 § 1, 2021)
Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste, recycling, and diversion of organic waste from landfills.
(Prior code § 5200.35; Ord. 1956 § 1, 2021)
At such time as the solid waste, recyclables, or organic waste are placed for collection at the usual place of collection, the solid waste, recyclables, and organic waste become the property of the city's authorized collector.
(Prior code § 5200.36; Ord. 1956 § 1, 2021)
No person authorized to collect or transport solid waste, recyclables, or organic waste shall enter on private property beyond the extent necessary to collect the solid waste, recyclables, or organic waste placed for collection, or beyond the extent necessary to provide any agreed upon special collection service.
(Prior code § 5200.38; Ord. 1956 § 1, 2021)
Each collector shall provide the city with monthly reports, to the extent required by the applicable collection agreement or collection permit, or otherwise required by resolution of the city council. An officer of the collector shall sign each report. Each collector shall maintain, but is not required to submit, monthly copies of waste disposal and recycling facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred, recycled and/or diverted from landfills during each month that collection services are provided; and an updated revised collection service identification list.
(Prior code § 5200.39; Ord. 1956 § 1, 2021)
Every collector shall furnish an annual report to the city detailing the quantity and nature of all solid waste, recyclables, or organic waste removed from the city. Reports shall be delivered to the city on or before January 31 of each year, for the immediately preceding calendar year. This report shall also include permitted waste disposal facilities where the collector has disposed and/or transferred all solid waste removed from the city. This report is to also include a compilation of monthly tonnage reports and/or copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from the collector. The timely filing of a complete annual report is a condition of any permit or collection agreement awarded by the city.
(Prior code § 5200.40; Ord. 1956 § 1, 2021)
Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the city manager showing the insurance to be in full force and effect at all times the collector has a collection permit.
(Prior code § 5200.41; Ord. 1956 § 1, 2021)
Each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in amounts approved by the city council. The insurance shall provide that the coverage is primary and that 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 Upland and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to the city 30 days' prior written notice.
(Prior code § 5200.42; Ord. 1956 § 1, 2021)
Any collector or person who collects, transports, or disposes of solid waste, recyclables, or organic waste within the city shall indemnify, defend, and hold harmless the city and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys' fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation, or disposal of solid waste, recyclables, or organic waste by that person.
(Prior code § 5200.43; Ord. 1956 § 1, 2021)
All owners, contractors, builders and demolition contractors shall, at all times, maintain the construction or demolition site and any nearby premises utilized in the construction or demolition in a clean, safe and aesthetic manner and free of any solid waste.
(Prior code § 5200.44; Ord. 1956 § 1, 2021)
The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this chapter is declared to be a nuisance pursuant to Section 38771 of the California Government Code. The city council, pursuant to Section 38773 of the Government Code, shall by separate ordinance provide for the summary abatement of such nuisances.
(Prior code § 5200.45; Ord. 1956 § 1, 2021)
No cardboard box or paper or plastic bag may be used as a receptacle for solid waste, recyclables, or organic waste. Except as expressly authorized by this chapter, no person other than an authorized collector may place a container or other receptacle for the collection of solid waste, recyclables, or organic waste within the city. Any container or other receptacle placed in violation of this section is declared to be a nuisance, and is subject to abatement pursuant to applicable provisions of the city code.
(Prior code § 5200.46; Ord. 1956 § 1, 2021)
No person shall, in any manner, interfere with the collection and disposal of solid waste, recyclables, or organic waste by any person authorized by the city to perform collection or disposal of such solid waste or recyclables.
(Prior code § 5200.47; Ord. 1956 § 1, 2021)