Whenever the following defined words and phrases are used in this chapter, they shall have the definitions or meanings established by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended.
"Collection"
means the scheduled pick up of solid waste but does not include the random picking up of loose litter from public places or places open to the public.
"Commercial and/or industrial property"
means property upon which business activity is conducted, including, but not limited to, hotel, motel, trailer court, restaurant, cafeteria, market, hospital or any educational, professional, commercial or industrial establishment of any nature whatsoever where there is generation of solid wastes.
"Composting"
means the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. Such organic wastes include vegetable, animal, yard and wood wastes which are not hazardous wastes.
"Demolition and construction debris"
means discarded materials resulting from construction, remodeling, repair and demolition activities on housing, commercial or governmental buildings and any other structure and pavement as defined in Chapter 8.17 of this code.
"Franchisee"
means any solid waste collector authorized by the city council pursuant to the procedures established in this chapter.
"Garbage"
includes, but is not restricted to, every accumulation of animal, vegetable or other matter:
(1) 
Resulting from the preparation and consumption of edible foodstuffs; or
(2) 
Resulting from decay or the storage of meats, fish, fowl, or vegetables, including the cans, containers or wrappers of such materials; or
(3) 
Industrial, domestic and organic solid wastes or residue of animals sold for meat; or
(4) 
Vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, vegetables or grains; or
(5) 
Offal, animal excreta or carcasses of animals, fish or fowl; or
(6) 
Any waste material for which there is not currently a feasible collection system available.
"Hazardous waste"
means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the state of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations.
"Non-combustible rubbish"
means ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flames of ordinary temperature.
"Owner or occupant"
means and includes every owner of, every tenant or person who is in possession or an inhabitant of or has the care and control of a residential property or a commercial and/or industrial property located in the city.
"Person"
means any individual, form, corporation, association or group or any combination thereof acting as a unit.
"Recyclable materials" or "recyclables"
means solid waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of the California Integrated Waste Management Act of 1989, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including yard waste), and wood, brick and stone in reusable size and condition. Recyclable materials shall include those items of construction debris and demolition debris which are described in this definition.
"Recycling operator"
means a person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials.
"Residential property"
means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. A structure may have one or more residential dwelling units. No place used primarily for commercial or industrial purposes shall be considered as a residential dwelling unit.
"Rubbish"
includes, but is not restricted to, all non-recyclable waste or debris, cardboard, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials.
"Solid waste"
means all putrescible and non-putrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, 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.
"Solid waste"
does not include abandoned vehicles and parts thereof, hazardous waste or low-level radioactive waste, medical waste, recyclable materials, source-separated plant materials, or source-separated organic materials.
"Solid waste collector"
means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection, transportation or disposal of solid waste generated in the city.
"Solid waste disposal"
includes the collecting, transporting and disposal of solid waste generated within the city.
"Solid waste facility"
means any licensed recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where solid waste may be taken for immediate processing or final disposal.
"Solid waste facility"
includes a solid waste transfer or processing station and a composting, transformation or disposal facility.
"Streets"
means the public streets, alleys and rights-of-way as the same now or may hereafter exist within the city.
"Yard wastes"
means leaves, grass, weeds and wood materials from trees and shrubs.
(1941 Code § 1602, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008))
(a) 
All occupied premises within the limits of the city shall have solid waste removal service as specified in this chapter.
(b) 
No person shall, for another, collect, remove or dispose of any solid waste within the city, nor transport the same over any public street or rights-of-way, unless a franchise to do so has first been obtained from the city; provided, that any person who collects, removes, or disposes of only recyclables shall only be required to obtain a city business license.
(c) 
It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste or recyclable material with any person who does not possess a franchise or business license.
(d) 
It is unlawful for any person to store or accumulate the following material for any length of time in violation of the following requirements:
(1) 
Solid waste shall be removed a minimum of at least once a week pursuant to this chapter, or more often as necessary or mandated by the San Mateo County Health Department; and
(2) 
Recyclable materials shall be removed a minimum of at least once every 30 days pursuant to this chapter, or more often as necessary or mandated by the San Mateo County Health Department;
(d ) 
No person shall place or cause to be placed any solid waste generated upon any property or by any residential, commercial or industrial use into any container other than those owned or controlled by such person, unless permission for such use is granted by the commercial, industrial or residential customer owning or controlling the container and approved by the city and its franchisee.
(e) 
It is unlawful for any person owning, occupying or having control of any premises to set out or cause to be set out for collection any solid waste other than that originating on the premises.
(f) 
It is unlawful for any person to dispose of solid waste in or near litter or recycling containers placed by the city or any other agency in public places for incidental use by pedestrian or vehicular traffic, or in recycling containers or enclosures maintained by the city in commercial zones.
(g) 
It is unlawful for any person to accumulate, keep or deposit solid waste in such a manner that a public nuisance is created, including, but not limited to, allowing insects, or rodents to breed therein.
(h) 
Other than as herein set forth, it is unlawful for any person to dump, bury, burn, incinerate or otherwise dispose of or store or accumulate any garbage, combustible or non-combustible rubbish, miscellaneous debris or combined rubbish or solid waste on any private or public property within the city; provided, however, that leaves, grass clippings and the like may be composted but only in accordance with state and county regulations governing composting.
(i) 
No person shall cast, place, sweep or deposit any solid waste on any street, sidewalk, alley, sewer, storm drain, creek, parkway or other public place or into any occupied premises within the city except in an appropriately designated solid waste container.
(j) 
No commercial, industrial, or residential customer owning, occupying or having the control of any premises or vacant lot or any person occupying a dwelling within the city shall permit any solid waste to become or remain offensive, unsightly or unsafe to the public health or safety or to deposit, keep or accumulate or permit to cause any solid waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land or upon any public or private place, street, lane, alley or driveway, except as allowed in this chapter.
(1941 Code § 1603, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008))
The following types of collection or transportation of solid waste are exempted from the requirements of this chapter:
(a) 
Yard waste removed from a premises by a gardening, landscaping or tree trimming contractor having a city business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings and all similar materials generated at parks and other publicly maintained premises;
(b) 
Demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service;
(c) 
By-products of sewage treatment, including sludge, grit and screenings;
(d) 
The collection of hazardous or dangerous waste as part of regular services, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable or explosive materials, insecticides and similar substances;
(e) 
Recyclable materials and yard wastes which are generated at any residential, commercial, or industrial property and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) to a licensed solid waste or recycling facility in a manner consistent with this chapter and other applicable laws;
(f) 
Nothing in this chapter shall prohibit a person or the person's employees from transporting to a licensed transfer station or materials recovery facility any solid waste, garbage, rubbish, or yard waste that is incidental to the conduct of the person's individual business within the city or to the maintenance of the person's individual residence, so long as there is no spillage on city streets and the transport is conducted pursuant to applicable laws governing the transport of materials. However, any such transport does not relieve the person from the ongoing obligation to contract with a city franchisee pursuant to Section 8.16.040 of this chapter;
(g) 
An exemption to the mandatory disposal requirements set forth above may be applied for under the condition that the individual or property owner shows proof of use of a city-approved solid waste collection alternative, including, but not limited to, on-site composting. Any such exemption shall be subject to approval of the city manager or the city manager's designee.
(1941 Code § 1604, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008))
(a) 
Unless otherwise expressly excepted by this chapter, the owner, occupant or other person responsible for the day-to-day operation of any residential, commercial, or industrial property in the city shall contract with a city franchisee for the removal and disposal of solid waste generated from the use of the property.
(b) 
The franchisee is authorized to charge all customers a fee for the collection and transportation of solid waste, subject to the approval by the city council of the fee. Such fees may include charges for collection, landfills, recovery or recyclables, composting and may include the cost of preparing and implementing source reduction, recycling elements and integrated waste management plans.
(c) 
All solid waste shall be kept free of all hazardous materials and placed in a container or containers unless other acceptable arrangements are made with the franchisee.
(d) 
Containers shall be made of metal or plastic, and of sufficient strength to prevent them from being broken under ordinary conditions.
(e) 
Containers containing any solid waste except recyclable materials shall be maintained in a clean, safe, sanitary condition, and continuously enclosed by a solid tight-fitting cover secured from access by insects, animals and rodents, except when solid waste is being dumped into or removed from the container.
(f) 
Garbage or other refuse containing water or other liquids shall be drained before being placed in a container and the drainage properly disposed of to the sanitary sewer.
(h) 
Animal waste shall not be placed directly in a container for regular collection and disposal, but shall be placed within a secondary containment (i.e., plastic bag) within the container for regular collection and disposal, as required by the franchisee and the San Mateo County Health Department.
(i) 
Unless provisions to prevent litter are otherwise provided, no person shall so fill any container with garbage or rubbish above the top of the container to such extent as to permit the contents of any container to be blown or otherwise strewn about.
(j) 
If solid waste from either residential, commercial, or industrial property is of such a nature that it cannot be placed in a container, it shall be carefully placed beside the container in securely tied bundles. Solid waste which exceeds size or type limitations set by the franchisee shall be scheduled for special collection, and special collection charges may be assessed by the franchisee for this service.
(k) 
Any containers placed for collection along a street, roadway or alley shall be set out only on the day established for the collection on the particular route or after 5:30 p.m. on the day immediately prior to such collection, and shall not remain thereon for more than 18 hours after it has been emptied. Any containers placed for collection along a street, roadway or alley in the Burlingame Avenue Commercial Area and Broadway Commercial Area, as defined by the Burlingame Zoning Code, shall be removed from the streets and sidewalks by 1:00 p.m. on the day of garbage collection.
(l) 
Any container placed for collection in any alley shall be placed as close to the property line as practicable.
(m) 
No person, including a solid waste collector, shall place or cause to be placed any solid waste or solid waste container in any public street or roadway without an encroachment permit from the city or in any place or in any manner inconsistent with the regulations of this chapter.
(n) 
Each owner or occupant of residential, commercial, or industrial property shall maintain supervision and surveillance over the solid waste containers on the premises and shall maintain the same in a sanitary condition. If the containers are not emptied and the contents removed on the date and time scheduled by the franchisee, the owner or occupant should immediately notify the franchisee and it shall be the duty of the franchisee to, within 24 hours thereafter, arrange for the collection and disposal of the solid waste.
(o) 
Solid waste which exceeds the limitations hereinabove set forth may, in the discretion of the franchisee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the franchisee for this service.
(p) 
No person, other than the owner thereof, owner's agents or employees or an officer or employee of the city or any person holding a franchise or license from the city for the collection or disposal of refuse or recyclables shall remove any materials set out for recycling collection or tamper or meddle with any solid waste or recycling container or the contents thereof, or remove the contents of any such container, or remove any such container from the location where the same shall have been placed by the owner thereof or owner's agent.
(1941 Code § 1605, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008); Ord. 1931 § 1, (2016))
(a) 
Recyclables placed at the curb of residential properties shall be separated from other solid waste in a manner approved by the city and shall be placed for collection in the container provided by the recycling operator for such material.
(b) 
Recyclables placed at the curb of residential properties or placed for collection at other recycling locations for pick up by a franchisee or licensee shall become the property of the franchisee or licensee at the time of their placement in the recycling containers or otherwise set out for collection.
(1941 Code § 1606, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008))
(a) 
Highly flammable or explosive or radioactive refuse shall not be placed in a container for regular collection and disposal but shall be removed under the supervision of the Central County Fire Department at the expense of the owner or possessor of such material.
(b) 
No hazardous waste shall be mixed or placed with any rubbish, garbage or other solid waste which is to be collected, removed or disposed of by the city's franchisee. Hazardous waste or household hazardous waste may only be disposed of in a manner allowed by federal, state, and county regulations.
(1941 Code § 1607, Ord. 696, (1959); Ord. 1535 § 1, (1995); Ord. 1828 § 2, (2008))
In all case of disputes or complaints arising from or concerning the place where receptacles for refuse shall be placed awaiting the removal of their contents, the quantities to be removed, and the times for removal, the health officer shall designate the place, the estimated quantity, the frequency and manner of removal.
(Ord. 1828 § 2, (2008))