All solid waste collected from commercial/industrial premises for a fee, service charge, or other consideration shall be collected by a solid waste collection enterprise with an exclusive franchise granted by the City Council ("franchised collector"), subject only to certain limited continuation rights of certain qualified collectors under Public Resources Code Sections 49520 and 49521 as hereinafter provided. No person, firm, corporation or other solid waste enterprise 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, or receive directly or indirectly any such fee, service charge, or other consideration therefor, except only as hereinafter specifically provided.
Except as otherwise provided in this Chapter, each commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial/industrial premises held or occupied by said commercial/industrial business owner and shall pay for such services the fees approved by the City Council. No commercial/industrial business owner shall enter into an agreement for solid waste collection services with any person, firm, or corporation other than the franchised collector, except as otherwise provided in this Chapter. Nothing in this Chapter shall prevent a commercial/industrial business which has its own recycling or resource recovery program for recyclable materials generated by such business and not utilizing a commercial or industrial solid waste enterprise (as defined in Public Resources Code Section 40193) which provides collection services for a fee, service charge, or other consideration, from continuing such recycling or resource recovery program and the recyclable materials included in such program are excepted from the exclusive franchise between the City and the franchised collector.
Notwithstanding the foregoing, certain solid waste enterprises that have been authorized by license or permit to provide solid waste hauling services for commercial/industrial premises in the City and have provided such services for more than three (3) previous years and meet the requirements of Public Resources Code Sections 49520 and 49521, may continue to provide these services until March 1, 1996. Such solid waste enterprises are hereinafter referred to as "excepted collectors." The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by such an excepted collector from continuing to use the solid waste collection services of such excepted collector until March 1, 1996, or until the business of such excepted collector terminates prior to such date. Notwithstanding the foregoing, if collection service provided by an excepted collector to a commercial/industrial trial business owner is terminated for any reason, said business owner shall not use the service of any collector other than the franchised collector.
(Ord. 91-956 § 2; Ord. 91-959 § 3)
Commercial/industrial collectors shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this Chapter, except as otherwise provided in this Chapter. Any such collection and/or disposal shall be in accordance with all applicable Federal, State, and local laws and regulations and any controlling franchise agreement between the City and a franchisee. All solid waste collected by a commercial/industrial collector shall be the exclusive property of said collector.
(Ord. 91-956 § 2)
(a) 
Frequency. Commercial/industrial collectors shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.
(b) 
Hours. No collection of solid waste from multiple housing or within five hundred (500) feet of occupied residential property shall be made between the hours of 6:00 p.m. and 7:00 a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the City Administrator. Hours and days of collection are subject to change by the City Council.
(Ord. 91-956 § 2)
Every commercial/industrial business served by the franchised collector shall have the option to: (i) provide the necessary standard refuse container or containers to accommodate solid waste generated from said commercial/industrial business; (ii) to use the container or containers provided by the franchised collector. Any such refuse containers shall be a standard refuse container which is compatible with the franchised collector's collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine who furnishes the container by private agreement between them.
Every collector who provides any container or other equipment used for the storage of commercial/industrial trial solid waste shall:
(a) 
Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one (1) inch in height said collector's name or firm name, and telephone number, in a color contrasting to the background color of the container; and
(b) 
Provide containers on casters and/or hasps or locks upon request by the commercial/industrial business owner or the City Administrator.
(Ord. 91-956 § 2)
Solid waste containers provided by the collector shall be maintained in a clean and healthful condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and healthful condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector's emptying of the container or other activities of the collector.
(Ord. 91-956 § 2)
Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person other than the owner thereof shall in any way, break, damage, roughly handle or destroy containers owned by said commercial/industrial business owner.
(Ord. 91-956 § 2; Ord. 91-959 § 3)
If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, or where the quantity of solid waste requires the use of multiple (more than three (3)) containers, the collector and the commercial/industrial business owner may make arrangements for such collection and rates on mutually agreeable terms. In the event that the business owner and the franchised collector do not agree as to the methods and rates for the service provided for in this Section, the City Administrator shall determine the rates and method of service. If the franchised collector is unable or unwilling to provide such service, the City Administrator may authorize the business owner to use another contractor for such special service until the franchised collector can provide such service in its normal course of business.
(Ord. 91-956 § 2; Ord. 91-959 § 3)