Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste or compostable materials within the City unless such person is a franchisee. Additionally, it is unlawful for any person to collect or transport recyclable materials within the City unless such person is a franchisee, or the material collected is exempt under this section. If recyclable materials are hauled, the City may require the generator to provide an affidavit demonstrating that no additional fees relating to the collection of recyclable materials have been charged.
It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste with any person who is not the franchisee, except as the solid waste collected is exempted under this section.
The following types of solid waste, recyclable materials and compostable materials are exempted under this section:
A. Compostable materials removed from a premises by a gardening, landscaping or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a transportation service and for no additional or separate fee;
B. Tree trimmings, clippings and all similar materials generated at parks and other city-maintained premises, which may be collected and transported by the City to the disposal site or processing facility;
C. Hazardous or dangerous materials; liquid and dry caustics; acids; biohazardous, flammable and explosive materials; insecticides; and similar substances;
D. Infectious medical waste (as defined in California Health and Safety Code Section
25117.5);
E. Byproducts of sewage treatment, including sludge, grit and screenings;
F. Animal waste and remains from slaughterhouses or butcher shops for use as tallow;
G. Recyclable materials and compostable materials which are source-separated at any premises by the waste generator and donated to youth, civic, or charitable organizations;
H. Source-separated recyclable materials which are delivered by a person who is recycling under the California Beverage Containers Recycling Litter Reduction Act (Public Resources Code Section
14500 et seq.);
I. Source-separated recyclable materials or compostable materials that are donated by the generator or where the generator is paid fair market value for the recyclable materials or compostable materials. In such cases, the City may require the generator to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged;
J. Solid waste, recyclable materials, compostable materials and construction and demolition debris which are removed from any premises by the waste generator, using their own vehicles and which are transported personally by the owner or occupant of such premises, or by his or her employees;
K. Construction and demolition debris hauled by the property or business owner using their own vehicles and their own employees;
L. A licensed contractor removing items for reuse or recycling which is incidental to work performed at a project construction site and as defined under diversion requirements if the contractor (1) uses his or her own employees and vehicles for this purpose, and (2) maintains no bins or boxes at the site which are detachable from the vehicle;
M. Recyclable materials donated to an individual or business or where the individual or business pays the generator fair market value for the collection of source-separated recyclable materials. In such cases, the City may require the generator and if applicable, the individual or business to provide affidavit demonstrating that no additional fees relating to the collection of said recyclable materials or compostable materials have been charged; and
N. Materials generated by public schools.
(Ord. 1816 § 2, 2007; Ord. 1910 § 5, 2010; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2065 § 1(A), 2018; Ord. 2082 § 1(D), 2019)