A. 
Collection and Disposal of Solid Waste. The owner or occupant of each premises is required to contract with the City's franchisee for removal of all solid waste, recyclable materials, and compostable materials accumulated on such premises and shall pay for such removal at the rates established by Article 8 of the franchise agreement and approved by the City Council. Arrangements with the franchisee shall be made by owner or occupant for the collection of solid waste, recyclable materials, and compostable materials, and such arrangements shall specify the location of the premises, solid waste container type and sizes, and frequency of collection. In the event the owner elects to have the occupant of its premises take responsibility for contracting with the franchisee for collection service and the occupant fails to make arrangements for collection or fails to pay for collection services provided by franchisee, the responsibility to contract and pay for collection services shall become the owner's responsibility.
It is mandatory that all residents and commercial occupants or property owners subscribe with franchisee for solid waste cart collection services, recyclable materials and compostable materials collection services.
B. 
Frequency of Collection. All solid waste created, produced or accumulated in or about a dwelling, house or place of human habitation in the City shall be placed in a container and removed from the premises and disposed of by the franchisee at least once a week. All solid waste created, produced or accumulated at hotels, restaurants, boardinghouses or other places of business situated in the City shall be placed in bins or debris boxes and removed from the premises at least once a week by the City's franchisee. The Alameda County health department may require a greater number of collections per week. Each day's violation of this section shall be treated and considered as a separate and distinct offense.
C. 
Exceptions. Following are the exceptions to the collection requirement under subsection A of this section or to the frequency of collection requirement under subsection B of this section, or both:
1. 
Frequency of Collection of Debris Box. Nonputrescible waste segregated for collection in a debris box.
2. 
Residential Solid Waste Collection Service. An exception to regular solid waste collection service shall be granted by the franchisee, upon request by the owner or occupant, if the owner or occupant meets one of the following criteria:
a. 
No food is prepared or consumed on the premises; or
b. 
No solid waste of any kind is being generated on the premises.
In all cases where an exception is granted, the premises must at all times be kept in a sanitary condition which does not cause a nuisance to others. The occupant must consent to on-site inspection of solid waste disposal facilities by the City Manager in order to qualify for the solid waste service exemption. If the circumstances which allowed the exception should change, the owner or occupant shall then initiate regular solid waste collection in accordance with the provisions of this section. The City Manager or franchisee may require reauthorization of such exception from time to time.
D. 
Collection of Recyclable Materials and Compostable Materials. All recyclable materials and compostable materials that are source-separated for collection by an occupant of residential premises in the City shall be collected from the premises at least once each week.
Nothing in this chapter shall prohibit the waste generator of recyclable materials and compostable materials from separating such materials from their solid waste and placing such material for collection in a manner which compensates the generator for the fair market value of their recyclable materials and compostable materials. In such cases, the City may require the generator to provide an affidavit demonstrating that no fees relating to the collection of said recyclable materials or compostable materials have been charged.
As stated in subsection A of this section, occupants of residential and commercial premises that receive solid waste collection service using carts shall be required to contract with and pay franchisee for collection of recyclable materials and compostable materials. The type of recyclable materials and compostable materials that waste generator may place in containers for collection by franchisee shall be specified by franchisee and waste generators shall comply with franchisee's requirements.
E. 
Ownership of Materials. Upon the placement of solid waste or compostable materials in a container for collection by franchisee, said materials shall become the property of franchisee. Upon placement of recyclable materials in a container for collection by franchisee, said materials shall become the property of franchisee.
No business owner or resident shall employ another, other than the franchisee, to dispose of solid waste or to collect compostable materials. No business owner or resident shall employ another, other than the franchisee, to collect recyclable materials.
F. 
Illegal Disposition and Collection of Solid Waste, Recyclable Materials or Compostable Materials.
1. 
No person may deposit solid waste or containers upon any street, alley, gutter or parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.
2. 
No person shall tamper with, modify, scavenge from or deposit solid waste, compostable materials, or recyclable materials in any solid waste, compostable materials or recyclable materials container which has not been provided for his or her use, without the permission of the occupant of the premises where the container is located.
3. 
Except as otherwise provided in LMC § 8.08.120(H), no person shall collect the recyclable materials or compostable materials from residential premises or posted recycling centers within the City.
G. 
Obstruction of Franchisee Unlawful. It shall be unlawful for any person, their agents or employees to hinder, threaten, impede, or obstruct franchisee in the performance of his/her duty as defined in this chapter.
(Ord. 1816 § 2, 2007; Ord. 1910 § 4, 2010; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2045 § 1(E), 2016; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019)
A. 
Solid Waste Containers.
1. 
Solid Waste Carts. Occupants of residential premises receiving individual collection services shall place solid waste in the wheeled carts provided by franchisee.
2. 
Bins and Debris Boxes. Occupants of commercial premises, multifamily premises that do not receive individual collection service, and any residential premises requesting temporary bin or debris box service shall place solid waste in bins and debris boxes, provided by the franchisee, that shall be:
a. 
Leakproof, and provided with a lid, where applicable;
b. 
Approved by the fire department as providing adequate protection against fire hazard;
c. 
Located within enclosures designed for this purpose as described in Article VIII of this chapter.
B. 
Recyclable Materials Containers. Occupants of residential and commercial premises shall separate recyclable materials from solid waste and compostable materials and place recyclable materials in container(s) provided by the franchisee. In the case where the occupant of the premises is not the owner, the owner is responsible to instruct the occupant in proper separation and placement of recyclable materials from solid waste and compostable materials. Franchisee shall also give owners or occupants of commercial premises contracting for collection services the choice of using a bin if quantities of recyclable materials generated warrant use of larger containers and space is available at commercial premises for one or more bins.
C. 
Compostable Materials Containers. Occupants of residential and commercial premises that receive compostable materials collection service from franchisee shall separate compostable materials from solid waste and recyclable materials and place compostable materials in container(s) provided by the franchisee.
D. 
Filling of Containers. No occupant of either residential or commercial premises shall fill any container with solid waste, compostable materials or recyclable materials above the top of the container as to permit the contents of any container to be blown or otherwise strewn about. When filled, standard containers shall not exceed 60 pounds (27 kg) in weight; 20-gallon cart containers shall not exceed 40 pounds (18 kg) in weight; and standard and 20-gallon cart containers shall not exceed 40 pounds (18 kg) in weight when used for yard trimmings.
If recyclable materials placed for curbside residential recycling collection are not collected, the person who placed the recyclable materials is entitled to receive a written explanation explaining the failure of the collector to collect the materials, whether due to improper placement of the container, contamination by nonrecyclable materials, or other reason. If the contents of the containers are not removed on the date and time scheduled by the franchisee and the container is placed properly by time of collection, not contaminated, and not overfilled, the owner or occupant should immediately notify the franchisee or the City Manager, and it shall be the duty of the franchisee to arrange for the collection of the solid waste, compostable materials or recyclable materials within 24 hours after notification.
E. 
Proper Placement of Containers.
1. 
Single-Family Cart Customers. Carts used by single-family residential premises for the purpose of reception, storage and collection of solid waste, compostable materials or recyclable materials shall be placed on the street against the curb in front of the premises occupied by the person depositing the same as directed by the franchisee, unless the owner or occupant has contracted with the franchisee for backyard or side yard service. Where no street curb exists, the cart shall be placed not more than five feet from the outside edge of the street nearest the property's entrance.
2. 
Multifamily and Commercial Cart Customers. Multifamily and commercial customers using carts for collection shall place solid waste, recyclable materials and compostable materials carts as described under subsection (E)(1) of this section, unless the franchisee approves of another location.
3. 
Solid Waste Bin and Debris Box Customers. Multifamily and commercial premises receiving solid waste bin or debris box service shall place all bins and debris boxes and recyclable materials in an enclosure facility meeting requirements described in Article VIII of this chapter.
F. 
Improper Placement of Containers. If recyclable materials placed for curbside residential recycling collection are not collected, the person who placed the recyclable materials is entitled to receive a written explanation explaining the failure of the collector to collect the materials. It is the responsibility of the person who places the recyclable materials for residential recycling collection to remove the recyclable materials within 24 hours of receipt of the explanation.
In all cases of disputes or complaints concerning the place where containers shall be placed while waiting for the removal of their contents, the City Manager shall designate the placement location.
G. 
Protection – Fire Safety. The waste generator shall protect materials placed in containers from adverse environmental conditions by proper container lid closure or lid placement so that rain does not render the materials not disposable, recyclable, marketable and/or usable.
Each commercial/industrial business owner, owner or management of multifamily unit, or resident, as the case may be, shall maintain the containers on their premises, and the area in which they are located, in a good, usable, clean and sanitary condition, and shall ensure that the lid or cover on the container is kept fully closed, that no solid waste or recyclable materials are placed outside the container, and that containers are kept in a manner that prevents leakage, spillage and the escape of odors.
Franchisee shall provide containers that comply with current California Fire Code requirements regarding combustible materials (California Fire Code Section 1103, Combustible Materials, particularly Section 1103.2.1).
H. 
Timing of Placement and Removal of Containers.
1. 
Occupants shall not place containers at the curb for collection by franchisee at any time other than the days established by the franchisee for the collection of such solid waste, compostable materials or recyclable materials, or earlier than sunset of the day preceding the day designated by the franchisee for collection. All containers shall be removed from the place of collection prior to 12:00 midnight of the day the containers have been emptied and stored in a location screened from public view.
2. 
Occupants of multifamily and commercial premises receiving bin solid waste collection services shall leave all containers in enclosure facilities for collection by the franchisee meeting requirements described in Article VIII of this chapter.
I. 
Supervision and Cleaning of Containers. Each occupant of residential and commercial premises shall maintain supervision over containers on their premises. Franchisee shall maintain bins and debris boxes in a clean, sanitary condition. Occupants provided with carts for collection shall maintain carts in a clean, sanitary condition.
J. 
Unauthorized Tampering with Containers. No person other than the waste generator or any waste generator employee, City Manager, or franchisee of the City shall move, remove or interfere with any container or its contents.
K. 
Collection of Excess Materials. If the volume of solid waste, recyclable materials or compostable materials, either from residential, multifamily, or commercial premises, is too large to be placed in the issued container(s), the owner or occupant of the premises shall pay an extra fee to have overages collected by franchisee. The fee shall be established by Article 8 of the franchise agreement and approved by the City Council. Such material shall be carefully placed beside the container in securely tied bags or bundles not in excess of six feet in length and weighing not more than 30 pounds.
L. 
Persons in Containers. No person shall enter into or be inside of a solid waste, recyclable materials or compostable materials container.
M. 
Pickup and Tagging – Exceptions. If the contents of the containers are not removed on the date and time scheduled by the franchisee, owner or occupant should immediately notify the franchisee or the City Manager, and it shall be the duty of the franchisee to arrange for the collection of the solid waste, compostable materials or recyclable materials within 24 hours after notification. Notwithstanding the fact that the franchisee is obligated to remove trash from residential, multifamily and commercial premises on a weekly basis, the owner or occupant is obligated to abide by the requirements for appropriate placement and filling of trash carts, and can be required to pay an extra fee to the franchisee to remedy any violations of those requirements.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019)
No person may store or accumulate any solid waste in a container or at a location other than as set forth in this chapter, or for any length of time other than as follows:
A. 
Residential Premises. At least once per week, the franchisee shall collect and dispose of solid waste generated at residential premises within the City; provided, that waste generators have properly placed and properly filled the container for the solid waste at an appropriate location for collection.
B. 
Multifamily Residences and Commercial and Industrial Premises. At least once per week, the franchisee shall collect and dispose of all solid waste generated at multifamily and commercial premises within the City; provided, that waste generators have properly placed and properly filled the container with solid waste at an appropriate location for collection. If such waste is putrescible and placed in a debris box for collection, franchisee shall collect such material not less than once per week. If such waste is nonputrescible and placed in a container or bin for collection, franchisee shall schedule collection at a frequency acceptable to the waste generator.
C. 
Storage Prohibited. Other than as set forth in this chapter, it is unlawful for any person to dump, bury or otherwise dispose of or store or accumulate any solid waste on any private or public property within the City; provided, however, that residential waste generators may use leaves, grass clippings, food waste, and the like for the purpose of home composting or mulching.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
The franchisee disposing of solid waste shall dispose of solid wastes at a disposal site or processing facility in accordance with the terms and conditions of its franchise agreement with the City and in accordance with all federal, state and local laws and regulations. A waste generator disposing of its own solid wastes, which were generated by such waste generator, shall dispose solid wastes at a disposal site or processing facility in accordance with all federal, state and local laws and regulations.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
Infectious Waste. The removal of infectious waste from homes, hospitals or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Alameda County health officer, and such infectious waste shall not be placed with solid waste for regular collection and disposal by franchisee.
B. 
Flammable/Hazardous Waste.
1. 
Highly flammable, explosive/radioactive or other hazardous waste shall not be placed in containers for regular collection and disposal by franchisee, but shall be removed by separate agreement(s), at the owner's or occupant's expense, in accordance with all federal, state and local laws and regulations, with a company properly licensed and permitted for the collection, processing and disposal of flammable, explosive/radioactive or other hazardous waste.
2. 
If the franchisee determines that waste placed for collection or disposal is hazardous waste or infectious waste or other waste that may not legally be disposed of at the disposal site or presents a hazard to franchisee's employees, the franchisee shall have the right to refuse to accept such waste.
3. 
If the franchisee cannot locate the hazardous waste generator immediately upon discovering hazardous waste in materials placed for collection, the franchisee shall, prior to leaving the premises, leave a tag at least two inches by six inches listing the phone number for the Alameda County household hazardous waste program, and indicating the reason for refusing to collect the material.
4. 
If the franchisee collects and delivers hazardous waste to a disposal site before its presence is detected, the waste generator will be instructed to remove the hazardous material. If it is not removed, the waste generator will be charged for its disposal.
C. 
Animal Waste. Animal waste shall not be placed in containers for regular collection and disposal, but shall be removed and disposed or processed by waste generator or under a separate agreement between waste generator and a company properly licensed, at the owner's or occupant's expense, in accordance with all federal, state and local laws and regulations.
D. 
Ashes. All ashes, when placed for collection, shall be cold and free from any fire, live coals or other substances which might ignite.
E. 
Contaminated Recycling and/or Compostable Materials. The franchisee shall not be required to collect and dispose of recyclable or compostable materials that are contaminated with solid waste or other material to such a degree that, if commingled with other recyclable or compostable materials, would require all or part of the total commingled recyclable or compostable materials collected to be disposed. The franchisee shall notify owners or occupants of violations as described in the franchisee agreement with the City.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
Burning Waste. No solid waste, hazardous waste, infectious waste or any other type of deleterious or offensive substances shall be burned within the City except in incinerators of a type approved in writing by the fire chief to burn such wastes.
B. 
Burying. No person shall dump, place or bury any solid waste, hazardous waste, infectious waste, or any other deleterious or offensive substances. This subsection shall not apply to any privately owned parcel where a specific waiver of this subsection is granted by resolution of the City Council due to unusual or extraordinary conditions.
C. 
Dumping. No person may dump or spread solid waste, recyclable materials, compostable materials, hazardous waste, infectious waste or any other type of deleterious or offensive substances on the surface of the ground for drying, except for compostable materials used for the purpose of home composting.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018)
A. 
No Unauthorized Containers. Except as expressly authorized by this chapter and for materials listed under LMC § 8.08.120, no person other than the franchisee may place a container within the City for the collection of solid waste or compostable materials. Additionally, no person other than the franchisee may place a container within the City for the collection of recyclable materials from the generator for monetary or in kind compensation. In such cases, the City may require the generator to provide an affidavit demonstrating that no fees relating to the collection of said recyclable materials or compostable materials have been charged.
B. 
Violation – Notice – Remedies. The City shall notify, in writing, any person who violates this section that the prompt and permanent removal of the container from the premises is required. The City shall deliver the notice by posting a copy of the notice prominently on the container. The notice shall state the time within which the container must be removed, which time shall be not less than 24 hours after posting of the notice, or not less than six business hours after telephonic notification, if any. For purposes of this section, "business hours" means the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. If the container is identified with the name and telephone number of the solid waste or recycling enterprise servicing it, as is required by LMC § 8.08.210(C) and § 8.08.300(C), the City shall also endeavor to contact the enterprise by telephone. Failure to notify the owner telephonically shall not invalidate the notice.
The City may impound or cause to be impounded any such container if it is not permanently removed from the premises within the time set forth in the notice.
A person who violates this section is liable to the City for all fines and charges levied in connection with the collection, transportation, storage and handling of the container by the City. The container's owner or his or her representative shall retrieve the container immediately after all applicable fines and charges have been paid. The City Manager may delegate to the franchisee the authority to impound unauthorized containers and to collect the fines and charges levied by the City.
C. 
Cessation of Use. Once the City posts a written notice of violation on the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste or recyclable materials in it.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019)