A.
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 any exclusive franchise awarded by the city council ("franchised collector"), subject only to subsection E of this section.
B.
No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.
C.
Except as otherwise provided in this chapter, each residential owner and commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the residential or commercial/industrial premises held or occupied by such owner and shall pay for such services the fees approved by the city council. No residential or commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the franchised collector, except as otherwise provided in this chapter.
D.
Nothing in this chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclables 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 recyclables included in such program are excepted from the exclusive franchise between the city and the franchised collector.
E.
Notwithstanding the provisions of subsection B of this section, certain solid waste enterprises that have been authorized by permit or by a nonexclusive franchise agreement to provide solid waste handling services in the city may continue to provide these services to their existing customers until July 14, 1994, or until the rights thereunder are earlier terminated or revoked, or expire pursuant to the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as "excepted collectors." The exclusive franchise of the franchised collector shall not preclude the owner of a residential or commercial/industrial premises served by an excepted collector from continuing to use the solid waste handling services of that excepted collector until the rights of that excepted collector to operate in the city are terminated or revoked or have expired; provided, however, if the rights of an excepted collector to provide services are terminated or revoked for any reason, the business owner shall not use the services of any collector other than the exclusive franchised collector.
(Ord. 948 §1, 1994)