For the purposes of this article, the following words, terms,
phrases, and their derivations have the meanings given herein. Terms
not defined in this section and defined elsewhere in this Code shall
have the same meanings herein unless the context otherwise requires.
In the event of a conflict between a definition in this Code and a
definition in 14 CCR Section 18982, the definitions in Section 18982
shall control for the purposes of this article. Additionally, for
the purposes of this article, the definitions in 14 CCR Section 18982
shall control for terms used in this article and not defined in this
Code. When consistent with the context, words used in the present
tense include the future tense, and words in the singular number include
the plural number. Unless otherwise specified herein, references to
a statute or regulation means the statute or regulation, as amended,
supplemented, superseded and replaced from time to time.
The California 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).
A collection service that collects corrugated cardboard that
is greater than two cubic feet in size when flattened and stacked
in a pile within five feet of the curb or on the ground next to the
dark blue container or split blue container for collection by the
city's contract hauler. Corrugated cardboard of any size placed in
a container used only for the purpose of collection of cardboard by
the city's contract hauler.
The city employee or agent of the city, including the city's designee with the authority to enforce any provision of this article, or as otherwise defined in Section 1.02.020 of this Code.
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 the purposes of implementing this article.
A review of records by the city to determine compliance with
this article.
Apartments, quadruplexes, condominiums, mobile home parks
and other resident occupancies at which wastes from individual resident
units are commingled in a common container or a group of containers.
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 on site at any one time
does not exceed one hundred cubic yards and seven hundred fifty square
feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise
defined by 14 CCR Section 18982(a)(8).
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;
or as otherwise defined in 14 CCR Section 17896.2(a)(4).
Plastic materials that meet the ASTM D6400 standard for compostability;
or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
A container, regardless of color, that contains prohibited
container contaminants; or as otherwise defined in 14 CCR Section
18982(a)(55).
includes:
Discarded materials generally considered to be not water soluble
and nonhazardous in nature, including, but not limited to, metals,
glass, brick, concrete, asphalt material, pipe, gypsum, wallboard,
and/or lumber, generated as part of a construction, demolition or
renovation project; of a structure and/or landscaping, and including
rocks, soils, tree remains, trees, and other vegetative matter that
normally results from land clearing, landscaping and development operations
for a construction or demolition project;
Clean cardboard, paper, plastic, wood, and metal scraps resulting
from any construction or demolition project;
Other nonhazardous wastes that are generated at construction
or demolition projects provided such amounts are consistent with best
management practices of the industry.
The entity under contract with the city to haul solid waste
in the city.
Any person or entity that the city or contract hauler bills
for solid waste services provided by the contract hauler.
A container that is part of the city's collection service
for generators that are commercial businesses, including multifamily
residential dwellings, with a dark blue lid and body and used only
for the purpose of storage and collection of source separated dark
blue container organic waste; or as otherwise defined in 14 CCR Section
18982(a)(5). Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of source separated dark blue container organic waste and
that do not comply with the color requirements of 14 CCR Sections
18982(a)(5) and 18984.1(a)(6)(B) shall be deemed to be dark blue containers
and are not required to be replaced until the end of the useful life
of those containers or January 1, 2036, whichever is earlier.
The side of a split blue container that has a dark blue lid
and is used only for the purpose of storage and collection of source
separated dark blue container organic waste. Notwithstanding the foregoing,
a functional side of a split blue container purchased prior to January
1, 2022 that is used for the storage and collection of source separated
dark blue container organic waste and that does not comply with the
color requirements of 14 CCR Sections 18982(a)(5) and (6)(B) (including
a side of a split blue container with a black lid, instead of a dark
blue lid, on the section of the container used only for the purpose
of storage and collection of source separated dark blue container
organic waste) shall be deemed to be the dark blue side of the split
blue container.
An entity that the city contracts with or otherwise arranges
to carry out any of the city's responsibilities of this article as
authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, including the city's contract hauler, a private
entity, or a combination of those entities.
Food intended for human consumption; or as otherwise defined
in 14 CCR Section 18982(a)(18). For the purposes of this article 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 article requires or authorizes the recovery of edible food that
does not meet the food safety requirements of the California Retail
Food Code.
An action of the city to address noncompliance with this
article, including, but not limited to, issuing administrative citations,
citations for an infraction, fines, penalties, or using other remedies;
or, as otherwise defined in 14 CCR Section 18982(a)(19).
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 code compliance administrator'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 State Public Resources Code.
A commercial business that distributes food to entities,
including, but not limited to, supermarkets and grocery stores.
A food facility as defined in Section 113789 of the State
Health and Safety Code.
Actions to collect and distribute edible food for human consumption
which otherwise would be disposed
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 including, but not limited to: (1) a food bank as defined
in Section 113783 of the State Health and Safety Code; (2) a nonprofit
charitable organization as defined in Section 113841 of the State
Health and Safety Code; and (3) a nonprofit charitable temporary food
facility as defined in Section 113842 of the State Health and Safety
Code. A food recovery organization is not a commercial edible food
generator for the purposes of this article and implementation of 14
CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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 edible food recovery.
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. Acceptable
food scraps may be added to or removed from this list from time to
time by the city.
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.
Compostable paper material that has come in contact with
food or liquid, such as, but not limited to, paper towels, compostable
paper plates, paper coffee cups, napkins, and pizza boxes. Acceptable
food-soiled paper may be added to or removed from this list from time
to time by the city.
Food scraps, food-soiled paper, and compostable plastics.
A person or entity that is responsible for the initial creation
of solid waste, and with respect to organic waste, 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).
A container that is part of the city's collection service
for all generators and used only for the purpose of storage and collection
of gray container waste; or, as otherwise defined in 14 CCR Section
18982(a)(28). Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of gray container waste and that do not comply with the
color requirements of 14 CCR Section 18982(a)(28), shall be deemed
to be gray containers and are not required to be replaced until the
end of the useful life of those containers or January 1, 2036, whichever
is earlier.
Solid waste that is collected in a gray container that is
part of the city's container collection service for all generators
that prohibits the placement of organic waste in the gray container
as specified in 14 CCR Sections 18984.1(a) and (b); or as otherwise
defined in 14 CCR Section 17402(a)(6.5).
A container that is part of the city's collection service
for all generators and used only for the purpose of storage and collection
of source separated green container organic waste; or as otherwise
defined in 14 CCR Section 18982(a)(29). Notwithstanding the foregoing,
functional containers purchased prior to January 1, 2022 that are
used for the storage and collection of source separated green container
organic waste and that do not comply with the color requirements of
14 CCR Section 18982(a)(29) shall be deemed to be green containers
and are not required to be replaced until the end of the useful life
of those containers or January 1, 2036, whichever is earlier.
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).
Waste defined as hazardous by State Public Resources Section
40141; 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.
A facility that is in compliance with the reporting requirements
of 14 CCR 18815.5(d) and meets or exceeds an annual average mixed
waste organic content recovery rate of fifty percent between January
1, 2022 and December 31, 2024, and seventy-five percent 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.
Single-family houses, each dwelling unit of a duplex, triplex,
quadruplex, mobile home park, condominium or other residence facility
at which wastes are stored and made available for collection by or
at each individual residence unit.
Wastes produced in large quantities from factories, industrial
plants, and mining plants.
A site visit where the city or its designee 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 article;
or, as otherwise defined in 14 CCR Section 18982(a)(35).
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 two thousand
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.
A permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds
of the facility per day of operation of the venue facility. For the
purposes of this section, 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 the purposes
of this article, 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.
A container that is part of the city's collection service
for generators that are commercial businesses, including multifamily
residential dwellings, with a light blue lid and body used only for
the purpose of storage and collection of source separated non-organic
recyclables. Notwithstanding the foregoing, functional containers
purchased prior to January 1, 2022 that are used for the storage and
collection of source separated non-organic recyclables and that do
not comply with the color requirements of 14 CCR Section 18982(a)(5)
and Section 18984.1(a)(6)(B) shall be deemed to be light blue containers
and are not required to be replaced until the end of the useful life
of those containers or January 1, 2036, whichever is earlier.
The side of a split blue container that has a light blue
lid and is used only for the purpose of storage and collection of
source separated non-organic recyclables. Notwithstanding the foregoing,
the functional side of a split blue container purchased prior to January
1, 2022 that is used for the storage and collection of non-organic
recyclables and that does not comply with the color requirements of
14 CCR Sections 18982(a)(5) and (6)(B) (including a side of a split
blue container with a blue lid, instead of a light blue lid, on the
section of the container used only for the purpose of storage and
collection of source separated non-organic recyclables) shall be deemed
to be the light blue side of the split blue container.
A school district, charter school, or county office of education
that is not subject to the control of the city's regulations related
to solid waste; or, as otherwise defined in 14 CCR Section 18982(a)(40).
Of, from, or pertaining to residential premises with five
or more dwelling units. In multifamily residential dwellings wastes
from individual resident units are commingled in a common container
or a group of containers. Multifamily premises do not include hotels,
motels, or other transient occupancy facilities, which are considered
commercial businesses.
Paper that is coated in a plastic or metal material that
will not breakdown in the composting process and other similar materials;
or, as otherwise defined in 14 CCR Section 18982(a)(41).
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) that can be placed
in a light blue container or the light blue side of a split blue container
that is limited to the collection of such materials.
Individually serviced and communally serviced residences,
single-family residences, governmental and commercial establishments,
commercial businesses, including multifamily residential dwellings,
factories and other industrial plants and any other development or
premises on a parcel of land.
Solid waste 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).
Paper janitorial supplies, cartons, wrapping, packaging,
file folders, hanging files, corrugated boxes, tissue, and toweling
and other similar materials; or as otherwise defined in 14 CCR Section
18982(a)(51).
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 and other similar materials; or as otherwise defined
in 14 CCR Section 18982(a)(54).
Unless otherwise defined in 14 CCR Section 18982(a)(55):
(1) discarded materials placed in the light blue container that are
not identified as acceptable source separated non-organic recyclable
materials for the light blue container; (2) discarded materials placed
in the dark blue container that are not identified as acceptable source
separated dark blue container organic waste for the dark blue container;
(3) discarded materials placed in the light blue side of the split
blue container that are not identified as acceptable source separated
non-organic recyclable materials for the light blue side of the split
blue container; (4) discarded materials placed in the dark blue side
of a split blue container that are not identified as acceptable source
separated dark blue container organic waste for the dark blue side
of the split blue container; (5) discarded materials placed in the
green container that are not identified as acceptable source separated
green container organic waste for the green container; (6) discarded
materials placed in the gray container that are identified as acceptable
source separated recyclable materials to be placed in the light blue
container, dark blue container or split blue container and source
separated green container organic waste to be placed in the green
container; and (7) excluded waste placed in any container.
Buildings, structures and outdoor recreation areas owned
by the city and other similar structures and areas.
Person who holds the director position within the public
works department of the city.
Wastes that are capable of being decomposed by micro-organisms
with sufficient rapidity as to cause nuisances because of odors, gases
or other offensive conditions, and include materials such as food
wastes, offal and dead animals.
Paper products and printing and writing paper that consists
of at least thirty percent, by fiber weight, postconsumer fiber; or
as otherwise defined in 14 CCR Section 18982(a)(61 ).
Materials, whether source separated or not, that if source
separated would be considered source separated dark blue container
organic waste that can be placed in the dark blue container or dark
blue side of a split blue container, non-organic recyclables that
can be placed in the light blue container or the light blue side of
a split blue container or cardboard that can be collected in the city's
cardboard collection service.
Space allocated for collecting and loading of source separated
recyclable materials and source separated organic waste. Such areas
shall have the ability to accommodate the appropriate receptacles
for source separated recyclable materials and source separated organic
waste. For existing residential buildings or projects between five
and nine living units, "recycling areas or areas for recycling" may
mean, at the discretion of the city's community development and sustainability
department, curbside recycling.
Regional agency or county agency enforcement official, which
the city may designate with responsibility for enforcing this article
in conjunction or consultation with the code compliance administrator.
An enclosure providing privacy to the user of a single toilet
in a public restroom.
As designated by the city, these are areas where, in the
public works director's opinion, a combination of high density, lack
of space for containers or yard waste piles, and street width under
thirty feet makes the curbside placing, maintaining and/or collection
of solid waste, including cardboard, gray container waste, source
separated green container organic waste, source separated dark blue
container waste or non-organic recyclables, hazardous to the health
and welfare of the residents.
A visual inspection of containers along a hauler route for
the purpose of determining container contamination which may include
mechanical inspection methods such as the use of cameras; or as otherwise
defined in 14 CCR Section 18982(a)(65).
Senate Bill 1383 of 2016 approved by the Governor of the
State on September 19, 2016, which added Sections 39730.5, 39730.6,
39730.7, and 39730.8 to the State Health and Safety Code, and added
Chapter 13.1 (commencing with Section 42652) to Part 3 of Division
30 of the State Public Resources Code, establishing methane emissions
reduction targets in a Statewide effort to reduce emissions of short-lived
climate pollutants.
A person or entity, who, in compliance with all applicable
requirements of this article, hauls solid waste, including organic
waste or recyclable materials, they have generated themselves to a
recycling, processing or disposal facility; or, as otherwise defined
in 14 CCR Section 18982(a)(66). Self-hauler also includes a person
or entity who back-hauls waste. Back-haul means generating and transporting
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). Self-haulers also include gardeners
and landscapers who haul material.
Of, from, or pertaining to any residential premises with
fewer than five units.
Unless otherwise defined in State Public Resources Code Section
40191, 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 Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division
104 of the Health and Safety Code).
Medical waste regulated pursuant to the Medical Waste Management
Act (Part 14 (commencing with Section 117600) of Division 104 of the
Health and Safety Code). Untreated medical waste shall not be disposed
of in a solid waste landfill, as defined in 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.
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 article,
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
of those materials.
Source separated organic waste that can be placed in a dark
blue container or the dark blue side of a split blue container, each
of which is limited to the collection of source separated dark blue
container organic waste; or as otherwise defined by 14 CCR Sections
17402(a)(26.7) and 18982(a)(43) or specified in 14 CCR Section 18984.1(a)
and (b) or Section 18984.2 (a)(2). Unless otherwise specified by the
city, source separated dark blue container organic waste includes
paper products, printing and writing paper, and cardboard less than
two cubic feet when flattened but excludes cardboard in excess of
two cubic feet when flattened and source separated green container
organic waste.
Source separated organic waste that can be placed in a green
container, including food waste, food-soiled paper, and yard waste,
that is limited to the collection of that organic waste; or as otherwise
specified in 14 CCR 18984.1(a) and (b), and excludes non-compostable
paper, and textiles.
Source separated non-organic recyclables and source separated
dark blue container organic waste.
Wastes not fitting into the above categories, including,
but not limited to, dead animals, abandoned automobiles and major
parts thereof, large furniture objects, tree trunks, stumps, sod,
garden rubble, dirt, and major limbs exceeding eight inches in diameter.
A split container that is part of the city's collection service
for single-family generators consistent with 14 CCR Section 18984.1(a)(6)(B)
with a light blue lid on the section of the container used only for
the purpose of storage and collection of source separated non-organic
recyclables and dark blue lid on the section of the container used
only for the purpose of storage and collection of source separated
dark blue container organic waste. Notwithstanding the foregoing,
functional split containers purchased prior to January 1, 2022 that
are used for the storage and collection of source separated recyclable
materials and that do not comply with the color requirements of 14
CCR Section 18982(a)(5) and (6)(B) (including containers with a blue
lid on the section of the container used only for the purpose of storage
and collection of source separated non-organic recyclables and a black
lid on the section of the container used only for the purpose of storage
and collection of source separated dark blue container organic waste)
shall be deemed to be split blue containers and are not required to
be replaced until the end of the useful life of those containers or
January 1, 2036, whichever is earlier.
The State of California.
A full-line, self-service retail store with gross annual
sales of two million dollars 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).
A commercial edible food generator that is one of the following:
(1) supermarket; (2) grocery store with a total facility size equal
to or greater than ten thousand square feet; (3) food service provider;
(4) food distributor; or (5) wholesale food vendor.
A commercial edible food generator that is one of the following:
(1) restaurant with two hundred fifty or more seats, or a total facility
size equal to or greater than five thousand square feet; (2) hotel
with an on-site food facility and two hundred or more rooms; (3) health
facility with an on-site food facility and one hundred or more beds;
(4) large venue; (5) large event; (6) a state agency with a cafeteria
with two hundred fifty or more seats or a total cafeteria facility
size equal to or greater than five thousand square feet; or (7) a
local education agency with an on-site food facility.
Trimmings and prunings (maximum branch diameter of eight
inches) from trees and shrubs, leaves, grass clippings, weeds, vines,
dropped fruit from on-site trees, arising from the development, maintenance
and care of residential gardens and yards.
A collection service that collects yard waste that is placed
in a pile 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 189852(a)(75).
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 189852(a)(76).
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 1; Ord. 1524 § 1; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021; Ord.
2663, 8/27/2024)
(a)
In addition to the requirements in Sections 32.01.070 and 32.01.080, respectively, all generators shall subscribe to collection services for gray container waste, source separated green container organic waste, source separated dark blue container organic waste, source separated non-organic recyclables, cardboard collection services provided by the city or the city's contract hauler and comply with the requirements of those services as described in subsection (b) of this section unless the generator obtains a permit or waiver pursuant to subsections (c) through (g) of this section. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and generators shall adjust their service level for their collection services as requested by the city. Nothing in this section prohibits generators from preventing or reducing waste generation, managing organic waste on site, using uncontainerized yard waste collection service pursuant to Section 32.01.090, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(c)
A customer may petition the public works director or designee for permission to share a green container, light blue container, dark blue container, or split blue container, as applicable, with an adjacent property in satisfaction of the requirement to subscribe and participate in the city's collection services as described in subsection (a) of this section.
(1)
Such permit may be requested by the customer and shall be issued
or denied in writing by the public works director or designee, if,
in their opinion, such would be in the best interests of the city,
and only if the affected customers will continue to source separate
all organic waste (including food waste, food-soiled paper, yard waste,
and source separated dark blue container organic waste) and non-organic
recyclables. Such a permit may include any conditions reasonably related
to the protection of the public health and welfare and is revocable
by the city at any time.
(2)
If the city obtains information at any time that a customer that
has received permission to share collection service under subsection
(c) of this section is no longer sharing service, or has limited or
no access to the shared service, or is no longer source separating
their recyclable materials and/or organic waste as required, the city
shall rescind the permission and direct the city's contract hauler
to deliver to the customer their own containers consistent with the
city's collection services described in subsection (a) of this section.
(d)
Self-haul waiver. A customer or generator may petition public works director for permission to self-haul the wastes generated on the customer or generator's premises and thereby be exempted from the mandatory requirement to subscribe and participate in the city's collection services as described in subsection (a) of this section. such a permit may be granted by the public works director or designee, if, in their opinion, such would be in the best interests of the city, and shall be subject to the requirements for self-haulers set forth in subsection (d)(1) of this section. In addition to the requirements for self-haulers set forth in subsection (d)(1) of this section, such a permit may include any conditions reasonably related to the protection of the public health and welfare.
(1)
Requirements for Self-Haulers. A customer or generator who is a permitted
self-hauler shall comply with the following requirements:
(A)
The self-hauler shall source separate all recyclable materials and
organic waste (materials that the city otherwise requires generators
to separate for collection in the city's organics and recycling collection
program) generated on site in a manner consistent with 14 CCR
Section 18984.1 or shall self-haul all recyclable materials
and organic waste to a high diversion organic waste processing facility
for recovery, as specified in 14 CCR Section 18984.3.
(B)
Self-haulers shall haul their recyclable materials that have been
source separated to a facility that recovers those materials; and
haul their organic waste that have been source separated to a solid
waste facility, operation, activity, or property that processes or
recovers organic waste. Alternatively, self-haulers may haul organic
waste to a high diversion organic waste processing facility.
(C)
Self-haulers that are commercial businesses, including multifamily
residential dwellings, shall keep a record of the amount of recyclable
materials and organic waste delivered to each solid waste facility,
operation, activity, or property that processes or recovers organic
waste. This record shall be subject to inspection by the city and
submitted annually to the city no later than February 1st of each
year. The records shall include the following information:
(i)
Delivery receipts and weight tickets from the entity accepting
the waste.
(ii)
The amount of material in cubic yards or tons transported by
the generator to each entity.
(iii)
If the material is transported to an entity that does not have
scales on-site, or employs scales incapable of weighing the self-hauler's
vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of
material but shall keep a record of the entities that received the
organic waste.
(D)
If the city obtains information at any time that a customer or generator
that is a permitted self-haul under subsection (d) of this section
is not hauling recyclable materials and/or organic waste as required
under subsections (d)(1)(A) and (B) of this section, the city shall
rescind the self-haul permit and direct the city's contract hauler
to deliver to the customer or generator their own containers consistent
with the city's collection services described in subsection (a) of
this section.
(E)
Subsection (d)(1)(C) does not apply to a self-hauler that is a single-family
generator.
(e)
De minimis waiver. The city may, at its discretion and in accordance
with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle,
waive a commercial business's, including a multifamily residential
dwelling's, obligation to comply with some or all of the organic waste
requirements of article if the commercial business provides documentation
or the city and has evidence demonstrating that:
(1)
The commercial business's total solid waste collection service is
two cubic yards or more per week and organic waste subject to collection
in a green container or the dark blue container or dark blue side
of the split blue container, as applicable, comprises less than twenty
gallons per week per applicable container of the business's total
waste.
(2)
The commercial business's total solid waste collection service is
less than two cubic yards per week and organic waste subject to collection
in a green container or the dark blue container or dark blue side
of the split blue container, comprises less than ten gallons per week
per applicable container of the business's total waste.
(f)
Physical space waiver. The city may waive a commercial business's or property owner's obligation to comply with subsections (a)(1) and/or (a)(2) of this section if the city has evidence from its own staff, contract hauler, licensed architect, or licensed engineer demonstrating that the commercial business lacks adequate space for light blue containers, dark blue containers or green containers.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
Solid waste shall not be burned, nor shall solid waste be allowed
to accumulate, be buried, dumped, scattered, or placed on any property,
including public property within the city, except as otherwise permitted
by this Code. Nothing in this section shall prohibit using a community
composting site pursuant to 14 CCR Section 18984.9(c) if it is not
violative of basic sanitary standards or other applicable standards
established by the city, county, state, or other agency having jurisdiction.
(b)
The city or the city's contract hauler shall have the exclusive right
to gather and collect solid waste, including organic waste and recyclable
materials, within the city. It shall be unlawful for any person, except
as otherwise provided in this chapter, to gather or collect solid
waste, including yard waste, organic waste, recyclable materials,
within the city. Pursuant to California Public Resources Code Section
40059, the city reserves the right to issue an exclusive franchise
for the handling of solid wastes.
(c)
Notwithstanding any other provisions set forth in this article to
the contrary, the exclusive right shall exclude the following, or
as otherwise provided in the contract with the city's contract hauler:
(1)
The collection, transportation, recycling, and disposal of any solid waste otherwise within the scope of this article which is transported to an appropriate disposal facility by a self-hauler permitted pursuant to Section 32.01.020(d).
(2)
Collection and transportation of yard waste by a landscape maintenance
company where such removal is incidental to the services provided
by the landscape maintenance company.
(3)
Collection and transportation of construction and demolition debris
where such hauling services are:
(A)
Provided by the contractor, or a subcontractor, as an incidental
part of the overall service being performed by that contractor, and
is not a separately contracted or subcontracted hauling service only;
and
(B)
Construction and demolition debris is transported personally by the
contractor, or subcontractor, (including their direct hire employees),
using the contractor's own equipment, to a recycling, processing or
disposal facility.
(4)
The sale or donation of recyclable materials or organic waste by
a generator of those materials to any person or entity other than
the city's contract hauler; provided, however, if the generator is
required to pay a monetary or non-monetary consideration for the collection,
transportation, transfer, or processing of recyclable materials or
organic waste, the fact that the generator receives a reduction or
discount in price (or in other terms of the consideration, the generator
is required to pay) shall not be considered a sale or donation.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021; Ord. 2663, 8/27/2024)
(a)
Except for permitted self-haulers, all solid waste shall be placed
within acceptable containers or placed for collection consistent with
an uncontainerized collection service provided by the city or the
city's contract hauler as follows:
(1)
Single-family generators shall place source separated green container
waste, including food waste, food-soiled paper, and yard waste, in
the green container; source separated dark blue container waste in
the dark blue side of the split blue container; source separated non-organic
recyclables in the light blue side of the split blue container; and
gray container waste in the gray container.
(2)
Commercial businesses, including multifamily residential dwellings,
shall place source separated green container waste, including food
waste, food soiled paper, and yard waste, in the green container;
source separated dark blue container waste in the dark blue container;
source separated non-organic recyclables in the light blue container;
gray container waste in the gray container; and if applicable, cardboard
in the container designated for the cardboard collection service.
(3)
All customers and generators shall flatten corrugated cardboard and
place cardboard for collection as follows:
(A)
Single-family generators shall place corrugated cardboard that is
less than two cubic feet when flattened in the dark blue side of the
split blue container and shall place corrugated cardboard in excess
of two cubic feet when flattened curbside within five feet of the
curb for collection consistent with the city's cardboard collection
service.
(B)
Generators that are commercial businesses, including multifamily
residential dwellings, shall place corrugated cardboard that is less
than two cubic feet when flattened in the dark blue container and
shall place corrugated cardboard in excess of two cubic feet when
flattened on the ground next to the dark blue container for collection
consistent with the city's cardboard collection service.
(C)
If the commercial business has a container used only for the collection
of cardboard consistent with the city's cardboard collection service,
the commercial business shall place cardboard in such container, or
if, less than two cubic feet when flattened, in the dark blue container
and place corrugated cardboard in excess of what can be placed in
the cardboard container on the ground next to the dark blue container
for collection consistent with the city's cardboard collection service.
(D)
Commercial businesses, including multifamily residential dwellings,
except commercial businesses that are permitted self-haulers for corrugated
cardboard, shall designate an area in or near each area where solid
waste is collected for the collection in piles or, if applicable,
a container designated for the city's cardboard collection service.
(b)
Except for permitted self-haulers, only the following containers
are acceptable for the deposit of solid waste:
(1)
City or city's contract hauler supplied and approved "semiautomated"
or "automated" thirty- to one hundred-gallon wheeled carts with flytight
lids or city and contract hauler approved alternative sized carts.
(2)
Bin-type containers, adequate in capacity and structurally designed
so as to be compatible with the collection equipment used for waste
collection in the city.
(3)
Special bulk-volume, drop-box or roll-off containers of sanitary
design, adequate in capacity and structurally designed so as to be
compatible with the collection equipment used for waste collection
in the city.
(4)
Compaction containers, in special circumstances and at the approval
of the public works director or designee.
(5)
All waste containers supplied by the contract hauler shall be and
remain the property of the contract hauler.
(6)
All containers shall meet all applicable requirements of Title 14, Division 3, Chapter 12 of the California Code of Regulations, including all color and labeling requirements of 14 CCR Sections 18984.7 and 189894.8
(c)
Nothing in this article shall be construed so as to allow the maintenance of less than one receptacle per dwelling unit, except for shared communal waste containers within a multifamily property, housing association, or other shared waste bins allowed by the city, or permitted by Section 32.01.020(c) or Section 32.01.020(d).
(e)
Customers shall provide the "compactor" containers specified in subsection (b)(4) of this section. The city or its contract hauler shall provide containers for subsections (b)(1), (2) and (3), of this section as a part of the monthly service cost. The city or its contract hauler may provide services to privately owned cubic yard containers meeting the specifications of this section if in good condition, but without price discount. The city or its contract hauler assumes zero liability for any damages to privately owned containers.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1179, Exh. A; Ord.
1519 § 1; Ord. 1524 § 2; Ord. 2054 § 1,
2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
Individually serviced residences.
(1)
Acceptable containers for gray container waste, source separated green container waste, source separated dark blue container waste, and source separated non-organic recyclables, as specified in Section 32.01.040 from individually serviced residences shall be placed in the street gutter immediately adjacent to the curb, immediately adjacent to the generator's property, except as provided below, but in no event on the sidewalk.
(2)
The public works director or designee may provide a permit for carts
to be placed on top of the curb for service in areas where such placement
would not result in obstructing the sidewalk or failure to meet city
accessibility requirements, or creating any other hazard or safety
concerns, and when no other placement of the carts is possible without
blocking, in whole or in part, the bike lane. Such permit may be requested
by the resident or customer and shall be issued or denied in writing.
If issued, such permit is revocable by the city at any time.
(3)
Carts shall have a minimum distance of three feet between them and
any other object. Such placement shall occur no earlier than 5:00
p.m. on the day prior to the scheduled collection day, nor later than
6:00 a.m. on collection day. Emptied containers shall be removed from
the curb or street, as applicable, by 7:00 a.m. on the day following
collection.
(4)
Containers that are to be collected from other than curbside location
shall be placed in an accessible location no more than seventy-five
feet from the street.
(b)
All other occupancies, including commercial businesses. Acceptable containers for gray container waste, source separated green container waste, source separated dark blue container waste, and source separated non-organic recyclables, as specified in Section 32.01.040 from all other occupancies shall be placed such that they are easily accessible for collection in accordance with the contract with the contract hauler, and in conformity with applicable zoning restrictions.
(c)
Special waste. Special waste shall be placed as individually determined
through an agreement between the generator and the contract hauler
or other entity hauling the waste.
(d)
Covers. Containers six yards or smaller in size must remain covered
with a lid or other such cover which can keep out water and pests
at all times. Covers may be temporarily opened only when placing solid
waste in, removing solid waste, or cleaning the containers.
(e)
Capacity. Containers and bins shall not be filled beyond the point
at which covers can be tightly secured.
(Ord. 1300 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
Gray container waste, green container waste shall remain the property
of the generator until the material is removed from the container
or collected by the city or the city's contract hauler.
(b)
Yard waste shall remain the property of the generator until the material
is collected by the city or the city's contract hauler.
(c)
Recyclable material, including source separated dark blue container
organic waste and source separated non-organic recyclables placed
in the dark blue side and light blue side, respectively, of a split
blue container used by single-family generators placed at the curb
shall become the property of the city or the city's contract hauler
at the time of the placement at the curb.
(d)
Source separated recyclable materials including source separated
dark blue container organic waste placed inside of a dark blue container
and source separated non-organic recyclables placed inside of a light
blue container used by generators that are commercial businesses or
multifamily residential dwellings shall become the property of the
city or the city's contract hauler at the time they are placed in
the container.
(e)
Cardboard placed in a recycling area (as defined in Section 32.01.010), or stacked for collection as part of the city's cardboard collection service shall become the property of the city or the city's contract hauler at the time of the placement in the recycling area or at the curb.
(f)
It is unlawful for anyone other than the city's contract hauler or
a person designated by the public works director to remove or otherwise
interfere with recyclable materials which have been placed at the
curb or in commercial containers.
(g)
Nothing in this article shall limit the right of any person to donate
or sell his or her own recyclable materials.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1524 § 3; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2431 § 2, 2014; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
All customers and generators shall not place prohibited contaminants
in containers and shall source separate their solid waste consistent
with the following requirements:
(1)
All customers and generators shall separate source separated dark
blue container waste from other solid waste generated on the property
and shall not deposit such materials in the gray container, green
container, light blue container or light blue side of the split blue
container.
(2)
All customers and generators shall separate source separated non-organic
recyclables from other solid waste generated on the property and shall
not deposit such materials in the gray container, green container,
dark blue container or dark blue side of the split blue container.
(3)
All customers and generators shall separate source separated green
container organic waste from other solid waste generated on the property
and shall not deposit source separated green container organic waste
in the gray container, the dark blue container, the light blue container
or the split blue container.
(4)
All customers and generators shall separate gray container waste
from other solid waste generated on the property and shall not deposit
hazardous waste or gray container waste in the green container, the
dark blue container, the light blue container or the split blue container.
(5)
All customers and generators shall separate corrugated cardboard
in excess of two cubic feet when flattened from other solid waste
generated on the property and shall not deposit cardboard corrugated
cardboard in excess of two cubic feet when flattened in the gray container,
green container, the dark blue container, the light blue container
or the split blue container.
(b)
Only yard waste shall be placed in on-street yard waste piles for
uncontainerized yard waste collection service. Customers and generators
shall not deposit hazardous waste or solid waste, other than yard
waste, in on-street yard waste piles.
(c)
Only corrugated cardboard in excess of two cubic feet when flattened
shall be stacked in a pile within five feet of the curb for cardboard
collection service. Customers and generators shall not deposit hazardous
waste or solid waste, other than corrugated cardboard in excess of
two cubic feet when flattened, in curbside corrugated cardboard piles.
(Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
The frequency of collection service for individually serviced residences
shall be once per week.
(b)
The basic collection service to individually serviced residences
shall be the collection of a green container, gray container, and
split blue container, each container being a thirty- to one hundred-gallon
cart or other size authorized by the city or city's contract hauler.
(c)
The basic service to individually serviced residences in a restricted
area shall be determined by the city on a case-by-case basis.
(d)
Persons with a disability may request "assisted service." This service
shall consist of the retrieval of a gray container, green container
and split blue container thirty to one hundred gallons in size, located
at an accessible point no greater than seventy-five feet from the
curb. The petition for assisted service shall be submitted to and
approved by the city manager or designee. Residents may become eligible
for assisted service by showing their valid assisted person parking
permit or license issued by the State of California. Eligibility for
assisted service shall be determined on an annual basis.
(e)
Individually serviced residences may request an additional gray container
from the city's contract hauler. Any additional gray container issued
to individually serviced residents may not exceed the size of their
regularly subscribed service for the gray container.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 2; Ord. 1477 § 1; Ord. 1519 § 2; Ord. 2054 § 1,
2001; Ord. 2173 § 1; Ord. 2390 § 42, 2012; Ord. 2447 § 2, 2015; Ord. 2562 §§ 5, 6, 2019; Ord. 2614 § 3, 2021)
(a)
The frequency of waste collection generated by commercial businesses,
including multifamily residential dwellings and communally serviced
residences shall be:
(1)
Construction debris waste, special waste and industrial waste shall
be collected at such frequency that sanitation, aesthetic, discharge
to the city's stormdrain system and nuisance problems do not occur.
(2)
Food stores and markets, restaurants and other occupancies generating substantial quantities of putrescible waste shall have the same removed at least two times per week, and any such occupancies that are tier one commercial edible food generators or tier two commercial edible food generators shall also comply with applicable requirements of the edible food recovery program pursuant to Section 32.01.170 of this Code.
(3)
All other occupancies shall have waste removed at least once a week.
(4)
Notwithstanding subsections (a)(1), (2), and (3), every occupancy
shall subscribe to or, if a permitted self-hauler, shall independently
provide a waste removal schedule more frequently where necessary to
maintain sanitary, nuisance-free, clean and aesthetic conditions on
the premises.
(5)
Except in cases of emergency no collection shall be made on Sunday.
(b)
Construction waste disposal and recycling services are included in the exclusive franchise rights of the city except as provided for in Section 32.01.030.
(c)
Commercial businesses, including multifamily residential dwellings, must provide or arrange for collection services consistent with this article for employees, contractors, tenants, and customers and supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below) consistent with the city hauler's collection bins, Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR; or, if self-hauling, per the commercial businesses's requirements to support its compliance with its self-haul program, in accordance with Section 32.01.020, for employees, contractors, tenants, and customers.
(d)
Commercial businesses, except for multifamily residential dwellings,
shall provide containers for the collection of organic waste and recyclable
materials in all areas where disposal containers are provided for
customers with the exception of disposal containers in restrooms.
Notwithstanding the forgoing, commercial business shall provide containers
in restrooms for the collection of paper towels if paper towels are
provided for use. Such containers shall be adjacent to disposal containers
and visible and easily accessible. if a commercial business does not
generate any of the materials that would be collected in one type
of container, as demonstrated through an approved de minimis waiver
per Section 31.01.020, then the commercial business does not have
to provide that particular container in all areas where disposal containers
are provided for customers. Pursuant to 14 CCR Section 18984.9(b)
containers provided by the commercial business shall have either:
(1)
A body or lid that conforms with the container colors provided through
the collection service provided by the city's hauler, with either
lids conforming to the color requirements or bodies conforming to
the color requirements or both lids and bodies conforming to color
requirements. A commercial business is not required to replace functional
containers, including containers purchased prior to January 1, 2022,
that do not comply with these color requirements prior to the end
of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
(2)
Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
the container labeling requirements are required on new containers
commencing January 1, 2022.
(e)
Commercial businesses shall prohibit employees from placing materials
in a container provided by the city's contract haulers if the container
is not designated for those materials.
(f)
Commercial businesses shall periodically inspect recycling, organics
and trash bins for contamination at least on a quarterly basis and
inform employees if containers are contaminated and of the requirements
to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(g)
All commercial businesses, including multifamily residential dwellings
must annually provide information to employees, contractors, tenants,
and customers about recycling and organics recycling requirements
and about proper sorting of organic waste and recyclable materials.
(h)
Commercial businesses, including multifamily residential dwellings, must provide the information required in subsection (g) of this section to new tenants before or within fourteen days of occupation of the premises.
(i)
Commercial businesses, including multifamily residential dwellings,
must provide or arrange access for the city; the city's designee,
including the city's contract hauler; or the city's agent to their
properties during all inspections conducted to confirm compliance
with the requirements of this Code.
(j)
All commercial businesses, including multifamily residential dwellings
generating two cubic yards or more of total solid waste per week (or
other threshold defined by the state), shall require that any contract
or work agreement between the owner, occupant, or operator of the
commercial business and a gardening or landscaping service specify
that the organic waste generated by those services be managed in compliance
with Chapter 12, Part 3, Division 30 of the Public Resources Code.
(k)
Nothing in this section prohibits a generator from preventing or
reducing waste generation, managing organic waste on site, or using
a community composting site pursuant to 14 CCR Section 18984.9(c).
(Ord. 955 § 2; Ord. 967 § 2; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
Yard waste placed in green containers. Unless authorized by subsection (b), yard waste shall be containerized utilizing the green container as specified in Section 32.01.040 or shall be collected with the city's uncontainerized yard waste collection service pursuant to this section. Inorganic material (rock, dirt, gravel, concrete, etc.) or sod shall not be placed in the street for collection in any manner, including placement in green containers or in yard waste piles for pick up through the uncontainerized yard waste collection service unless a special pick-up has been scheduled with an appropriate receptacle designated by the city's contract hauler for an additional charge.
(b)
Yard waste piles authorized to be placed in the street.
(1)
As authorized by this section, certain yard waste, as described in
paragraph (2) of this subsection, may be placed or maintained in piles
in the street immediately adjacent to the property from which they
originated, for collection by the city or the city's contract hauler.
Such piles shall not exceed five feet in width or five feet in height
or five feet in length, the same to be so placed and maintained as
not to restrict reasonable gutter drainage.
(2)
If the green containers are full, only leaves and tree and shrub prunings (maximum branch diameter of eight inches) may be placed in yard waste piles. All other yard waste, including, but not limited to, grass clippings, weeds, vines, and dropped fruit from on-site fruit trees, shall be containerized utilizing the acceptable green container as specified in subsection (a) above and Section 32.01.040 and shall not be placed in yard waste piles.
(3)
Yard waste piles shall be placed on the street for pick-up no later
than 6:00 a.m. on a scheduled collection day.
(4)
No yard waste piles shall be placed or maintained in any part of
a bicycle lane.
(5)
No yard waste piles shall be placed or maintained in such a way as
to obstruct traffic or restrict reasonable access to a fire alarm
box, fire hydrant, standpipe, alley, driveway, public sidewalk, curb
cut for accessibility access, stormdrain inlet, or any other public
facility.
(6)
Yard waste piles shall not be placed on street undulations, traffic-calming
bulb-outs or near obstructions on the street that restrict the city
or the city contract hauler's equipment from collecting yard waste
piles.
(7)
No person shall park or let stand any vehicle or any other item on
the street that blocks the city or the city contract hauler's equipment
from collecting yard waste piles.
(8)
Due to the width of the street and/or bike lanes, there are some
streets and areas where it is not possible to place yard waste piles
as required in subsection (b) above as they will obstruct the bike
lane or traffic lane. On these streets and in these areas, as well
as other areas designated by the city as not having yard waste pile
service, also denoted as "restricted areas," yard waste shall be containerized
at all times and shall not be placed in the street for pick-up. These
streets and areas include, but are not limited to:
(A)
East 8th Street from B Street to J Street;
(B)
5th Street from A Street to L Street;
(C)
B Street from East 8th Street to East 14th Street;
(D)
Downtown Core area, defined as the area bounded by 5th Street, the
south side of 1st Street, the west side of B Street and the Union
Pacific railroad tracks; and
(E)
The development known as "The Cannery" that is bordered by East Covell
Boulevard. to the south, F Street to the west and is located west
of Pole Line Road.
(c)
Uncontainerized yard waste collection service schedule. Effective
September 30, 2019, the following uncontainerized yard waste collection
service schedule applies:
(1)
Fall and Winter Collection Service. Yard waste piles may be placed
in the street for ten scheduled street pick-ups, which shall occur
every other week, beginning the week of the third Monday in October.
During this time, yard waste piles shall not be placed in the street
sooner than seven days before a scheduled collection.
(2)
Spring Collection Service. Yard waste piles may be placed in the
street for one scheduled street pick-up, which shall occur the week
of the first Monday in May. During this time, yard waste piles shall
not be placed in the street sooner than seven days before the scheduled
collection.
(3)
Special Pick-Up Service. If a special pick-up of yard waste has been
scheduled with the city or its contract hauler, yard waste piles may
be placed in the street no sooner than seven days before the special
pick-up.
(4)
Change in Schedule. The city manager and the city's contract hauler
may make minor modifications to the collection schedule by mutual
agreement, provided that at least ten pickups occur between October
and January and one pickup occurs in May, and provided that customers
receive at least thirty days' prior written notice of the change.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1254 § 3; Ord. 1524 §§ 4, 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2, 2015; Ord. 2562 § 7, 2019; Ord. 2614 § 3, 2021)
Fees and related regulations for waste management services shall
be established and may be amended from time to time, by resolution
of the city council.
(Ord. 955 § 2; Ord. 967 § 1; Ord. 1055 § 1; Ord. 1091 § l; Ord. 1179, Exh. A; Ord. 1300 § 1; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2614 § 3, 2021)
(a)
General.
(1)
Violation of any provision of this article shall constitute grounds
for issuance of a notice of violation and assessment of a fine by
a code compliance administrator. Enforcement actions under this article
include a citation for an infraction and imposition of a fine pursuant
to subsection (a)(2) of this section, or issuance of an administrative
citation and assessment of a fine pursuant to Chapter 1, Article 1.02
of this Code pursuant to subsection (a)(3) of this section.
(2)
Any person violating any section of this article who fails to correct
the violation within sixty days of issuance of a notice of violation,
shall be deemed guilty of an infraction, and upon conviction thereof,
shall be punished by a fine as follows: The first violation shall
be subject to a fine in the amount of one hundred dollars. The second
violation within a six-month period shall be subject to a fine of
two hundred dollars, and five hundred dollars for the third and subsequent
violations occurring within a one-year period.
(3)
In addition to any other remedies or penalties available, the city
may enforce the terms of this article through the administrative citation
procedures provided in Article 1.02 of this Code, provided the time
to correct a violation under this article specified in the notice
of violation shall be sixty days.
(4)
The remedies provided herein shall be in addition to all other remedies
authorized by law and the enumeration of certain remedies in this
article shall not preclude the application of any other remedies not
herein enumerated.
(b)
Responsible entity for enforcement.
(1)
Enforcement pursuant to this article may be undertaken by the code
compliance administrator.
(2)
Enforcement may also be undertaken by a regional or county agency
enforcement official, designated by the city, in consultation with
code compliance administrator.
(A)
Code compliance administrator(s) (and regional or county agency enforcement
official, if applicable) will interpret this article; determine the
applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
(B)
The code compliance administrator(s) (and regional or county agency
enforcement official, if applicable) may issue notices of violation(s).
(3)
The code compliance administrator(s) (and regional or county agency enforcement official, if using) and/or their designee will monitor compliance with this article randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). Section 32.01.190 establishes city's right to conduct inspections and investigations.
(c)
Compliance deadline extension considerations. The city may extend
the compliance deadlines set forth in a notice of violation issued
in accordance with this section if it finds that there are extenuating
circumstances beyond the control of the respondent that make compliance
within the deadlines impracticable, including the following:
(Ord. 2447 § 2, 2015; Ord. 2614 § 3, 2021)
(a)
Single-family residence. Liability for charges under this article
shall commence with respect to new single-family residences upon occupancy
or issuance of a temporary occupancy permit by the city building official,
whichever first occurs, and prior to actual occupancy. Billing shall
be monthly in advance.
(b)
Multiple buildings including duplexes. Liability for charges under
this article shall commence with respect to new multiple buildings
upon occupancy of any unit or issuance of a temporary occupancy permit
for any unit by the city building official, whichever first occurs,
and prior to actual occupancy. Billing shall be monthly in advance.
(c)
Commercial businesses. Liabilities for charges under this article
shall commence with respect to new commercial businesses upon occupancy
or upon the issuance of a permit for temporary occupancy of any unit
by the city building official, whichever first occurs, and prior to
actual occupancy. Billing shall be monthly in advance.
(d)
A credit shall be allowed against subsequent billings where the city manager has permitted the customer to collect and haul away their own wastes in accordance with Section 32.01.020(d).
(e)
For commercial businesses and commercial, industry and communally
serviced residences, services and charges therefore shall begin at
the ordering of waste collection service, or upon the issuance of
a permit for temporary occupancy by the city building official, whichever
first occurs. The amount of waste collection service ordered may be
changed monthly as necessary to reflect the need for such service.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1055. § 3, 4; Ord. 1519 § 3; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2447 § 2,
2015; Ord. 2614 § 3, 2021)
(a)
For all single-family dwellings, duplexes, multifamily units, mobile
homes and other residential parcels, billing shall be made by the
city to the owner of the parcel as on the recorded deed.
(b)
For all commercial businesses billing shall be mailed to the person
specified by the owner of the parcel, and if not specified, then to
the owner of the parcel.
(c)
In all cases not specifically provided for above, or where the billing
procedure specified above proves impractical or inconvenient, as determined
by the finance director, the billing by the city shall be to the person
responsible for the payment of the bill, as elsewhere specified in
this chapter.
(Ord. 955 § 2; Ord. 967 § 2; Ord. 1055 §§ 3, 4; Ord. 1519 §§ 3, 4; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2614 § 3, 2021)
When any refund becomes due and owing by virtue of action of
the city council or by virtue of any error made in ascertaining the
charge applicable to any customer, the city's finance director is
authorized to make such refund and to expend such public money from
the specific fund established for the deposit of sanitation service
and use charges.
(Ord. 1055 § 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1, 2005; Ord. 2614 § 3, 2021)
(a)
The remedies provided herein shall be in addition to all other remedies
authorized by law and the enumeration of certain remedies shall not
preclude the application of any other remedies not herein enumerated.
(b)
The charge imposed by this article shall be a civil debt owing to
the city from the person responsible for its payment, and the city
may institute action in any court of competent jurisdiction to collect
such debt, together with applicable penalties, interest, costs and
other expenses.
(c)
All bills shall become due and payable on the 28th day of each calendar
month and shall become delinquent thereafter, if not paid.
(d)
The basic penalty for nonpayment of the charges within the time and
in the manner prescribed herein shall be ten percent.
(e)
The city shall include a statement on its bill to each property owner
in substantially the following form:
(1)
"Charges for sanitation services and facilities shall constitute
a lien against the lot or parcel of land against which the charge
is imposed if said charges remain delinquent for 60 days."
(f)
Pursuant to such notice, such charges shall become a lien against
the lot or parcel of land against which the charges were imposed if
such charges remain delinquent for a period of sixty days. The city
shall cause to be recorded with the county recorder all such delinquent
charges, and when so recorded such charges shall have the force, effect
and priority of a judgment lien and continue for three years from
the time of recording unless sooner released or otherwise discharged.
(Ord. 1055 § 5; Ord. 1519 § 5; Ord. 2054 § 1, 2001; Ord. 2173 § 1; Ord. 2560 § 2, 2019; Ord. 2614 § 3, 2021)
(a)
Tier one commercial edible food generators must comply with the requirements
of this section, and tier two commercial edible food generators must
comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b)
Large venue or large event operators not providing food services,
but allowing for food to be provided by others, shall require food
facilities operating at the large venue or large event to comply with
the requirements of this section, commencing January 1, 2024.
(c)
Commercial edible food generators shall comply with the following
requirements:
(1)
Arrange to recover the maximum amount of edible food that would otherwise
be disposed.
(2)
Contract with or enter into a written agreement with food recovery
organization(s) or food recovery service(s) for the collection of
edible food for food recovery or acceptance of the edible food that
the commercial edible food generator self-hauls to the food recovery
organization for food recovery.
(3)
Shall not intentionally spoil edible food that is capable of being
recovered by a food recovery organization or a food recovery service.
(4)
Allow the city's designated enforcement entity or designated third
party enforcement entity to access the premises and review records
kept pursuant to 14 CCR Section 18991.4.
(5)
Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
(A)
A list of each food recovery service or organization that collects
or receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(C)
A record of the following information for each of those food recovery
services or food recovery organizations:
(i)
The name, address and contact information of the food recovery
service or food recovery organization.
(ii)
The types of food that will be collected by or self-hauled to
the food recovery service or food recovery organization.
(iii)
The established frequency that food will be collected or self-hauled.
(iv)
The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
(d)
Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(e)
Food recovery services collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records:
(1)
The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
(2)
The quantity in pounds of edible food collected from each commercial
edible food generator per month.
(3)
The quantity in pounds of edible food transported to each food recovery
organization per month.
(4)
The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food
to for food recovery.
(f)
Food recovery organizations collecting or receiving edible food directly
from commercial edible food generators, via a contract or written
agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records:
(1)
The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
(2)
The quantity in pounds of edible food received from each commercial
edible food generator per month.
(3)
The name, address, and contact information for each food recovery
service that the organization receives edible food from for food recovery.
(g)
Food recovery organizations and food recovery services that have
their primary address physically located in the city and contract
with or have written agreements with one or more tier one or tier
two commercial edible food generators shall report to the city the
total pounds of edible food recovered in the previous calendar year
from the tier one and tier two commercial edible food generators they
have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b) no later than February 15.
(h)
Food recovery capacity planning. Food recovery services and food
recovery organizations operating in the city shall provide information
and consultation to the city, upon request, regarding existing, or
proposed new or expanded, food recovery capacity that could be accessed
by the city and its commercial edible food generators. A food recovery
service or food recovery organization contacted by the city shall
respond to such request for information within sixty days, unless
a shorter timeframe is otherwise specified by the city.
(Ord. 2614 § 3, 2021)
(a)
The city's contract hauler and any other permitted or licensed haulers
providing residential, commercial, or industrial recycling and/or
organic waste collection services to generators within the city's
boundaries shall meet the requirements of 14 CCR Division 7, Chapter
12 and the following requirements and standards as conditions of approval
of a contract, agreement, or other authorization with the city to
collect organic waste:
(1)
Through written notice to the city annually on or before February
15, identify the facilities to which they will transport recyclable
materials and organic waste.
(b)
Subsection (a) of this section is not applicable to a hauler that is transporting organic waste, consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the California Public Resources Code, to a community composting site.
(c)
Requirements for facility operators and community composting operations:
(1)
Owners of facilities, operations, and activities that recover organic
waste, including, but not limited to, compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon
the city's request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities,
including information about through-put and permitted capacity necessary
for planning purposes. Entities contacted by the city shall respond
within sixty days.
(2)
Community composting operators, upon the city's request, shall provide
information to the city to support organic waste capacity planning,
including, but not limited to, an estimate of the amount of organic
waste anticipated to be handled at the community composting operation.
Entities contacted by the city shall respond within sixty days.
(Ord. 2614 § 3, 2021)
(a)
City representatives and/or designee, including the city's contract
hauler, are authorized to conduct inspections, at random or otherwise,
of any collection container, collection vehicle loads, or transfer,
processing, or disposal facility for materials collected from generators,
or source separated materials to confirm compliance with this article
by generators, commercial businesses (including multifamily residential
dwellings), property owners, commercial edible food generators, haulers,
self-haulers, food recovery services, and food recovery organizations,
subject to applicable laws of this article. This section does not
allow city to enter the interior of a private residential property
for inspection.
(b)
Regulated entity shall provide or arrange for access during all inspections
(with the exception of residential property interiors) and shall cooperate
with the city's employee or its designated entity during such inspections
and investigations. Such inspections and investigations may include
confirmation of proper placement of materials in containers, edible
food recovery activities, records, or any other requirement of this
article described herein. Failure to provide or arrange for access
to an entity's premises or access to records for any Inspection or
investigation is a violation of this article and may result in penalties
described.
(c)
Any records obtained by the city during its inspections and other
reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code
Section 6250 et seq.
(d)
City representatives, and/or its designee are authorized to conduct
any inspections, or other investigations as reasonably necessary to
further the goals of this article, subject to applicable laws.
(e)
The city shall receive written complaints from persons regarding
an entity that may be potentially non-compliant with SB 1383 Regulations,
including receipt of anonymous complaints.
(Ord. 2614 § 3, 2021)
In addition to any other requirements in this Code, property
owners or their building or landscape designers, including anyone
requiring a building or planning permit, plan check, or landscape
design review from the city, who are constructing a new (single-family,
multifamily, public, institutional, or commercial) project with a
landscape area greater than five hundred square feet, or rehabilitating
an existing landscape with a total landscape area greater than two
thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B)
(C), (D), and (G) of the MWELO, as amended September 15, 2015, including
sections related to use of compost and mulch.
(Ord. 2614 § 3, 2021)
Direct service providers to the city and all vendors providing
paper products and printing and writing papers must comply with the
city's policy regarding recovered organic waste product procurement,
including recycled-content paper procurement.
(Ord. 2614 § 3, 2021)
