A.
General.
1.
Franchisee shall maintain all of its properties, facilities and equipment used in providing service under this chapter in a safe, neat, clean and operable condition at all times.
2.
All collection operations shall be conducted as quietly as possible and shall conform to applicable federal, state, county and City noise level regulations.
B.
Hours for Collection. The collection of solid waste, compostable materials and recyclable materials from commercial premises that are 100 feet or less from the point of collection (e.g., the location of the bin) to a residential structure shall not occur before 6:00 a.m. or after 6:00 p.m., except as provided for in LMC § 8.19.020(A)(14). The collection of solid waste, compostable materials and recyclable materials as measured from the location of the bin on commercial premises to the adjacent structure that is greater than 100 feet from the point of collection to any point of a residential structure shall not occur before 4:00 a.m. or after 6:00 p.m.
C.
Specifications and Restrictions on Collection Vehicles and Containers. All vehicles and containers used for solid waste, compostable materials or recyclable materials collection within the City shall comply with the following:
1.
All collection trucks or vehicles shall be completely enclosed with a nonabsorbent cover while transporting solid waste, compostable materials or recyclable materials in or through the City. "Completely enclosed with a rigid, nonabsorbent cover" means that solid waste, compostable materials or recyclable materials shall not be visible from the street nor shall any substances be permitted to leak, spill or become deposited along the public streets.
2.
All collection vehicles and containers shall be identified by franchisee's name, local telephone number and unique vehicle identification number displayed in a prominent location, in numbers and letters no less than six inches high. The City's logo shall not be shown on the vehicles or debris boxes. The equipment used shall be kept clean and in good repair at all times.
3.
All collection vehicles and containers shall comply with all federal, state and local laws, permits, licenses and regulations.
D.
Use of Vehicles. Any person operating a privately owned solid waste, compostable materials or recyclable materials vehicle under provisions of this chapter shall do so in accordance with all federal, state and local laws, permits and regulations and shall also abide by the following:
1.
No person shall leave trucks loaded with solid waste, compostable materials or recyclable materials parked on city streets for more than a four-hour period.
2.
Franchisee shall ensure that each vehicle carries, in a readily accessible location, the vehicle registration, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the California State Fire Marshal.
3.
Franchisee shall inspect each vehicle daily to ensure that all equipment is operating properly. (See LMC § 8.08.230(F).) Vehicles which are not operating properly shall not be used to provide service until they are repaired and do operate properly.
4.
Franchisee shall perform all scheduled maintenance functions for equipment in accordance with the manufacturer's specifications and schedule.
5.
Franchisee shall keep accurate records of all vehicle inspections and maintenance activities, recorded according to date and mileage, and shall make such records available to the City Manager upon request.
6.
Franchisee shall furnish the City Manager a written inventory of all vehicles, including collection vehicles, used in providing service and shall update the inventory annually. For each vehicle, the inventory shall list the vehicle manufacturer, vehicle identification number, date of acquisition, type, capacity and decibel rating.
E.
Maintenance of Containers. Franchisee shall be responsible for repair and maintenance of all its containers so that such containers are functional. The containers shall not leak or have ill-fitting tops. Franchisee shall be responsible for periodically cleaning its containers, except its carts, so that such containers are sanitary and have a clean and neat appearance. Waste generators using carts shall be responsible for cleaning their carts so that such carts are sanitary and have a clean and neat appearance.
F.
Franchisee Employees. Franchisee shall employ only competent, qualified, licensed, sober and drug-free personnel who serve the public in a courteous, helpful and impartial manner.
1.
Nondiscrimination. Franchisee shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor.
2.
Licenses. Any employee driving the franchisee's vehicles shall, at all times, have in his or her possession a valid and appropriate vehicle operator's license issued by the state of California.
3.
Training. Franchisee shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment. Franchisee shall train its employees involved in solid waste, compostable materials or recyclable materials collection to identify and not collect hazardous waste or infectious waste. A copy of the training record, including student roster, shall be provided to the City upon request.
4.
Supervision. Franchisee shall designate one qualified employee as supervisor of field operations within the City. The field supervisor will devote his or her time in the field checking on collection operations, and responding to complaints.
G.
Inquiries and Complaints.
1.
Office Location. Franchisee shall provide an office in such a reasonable location as the City Manager approves.
2.
Telephone Service. Franchisee shall maintain a toll-free telephone service number for use by persons within the City. Telephones shall be attended by competent persons from 7:00 a.m. to 5:00 p.m. on regular workdays. A message machine shall be available for persons to leave a message during nonbusiness hours.
3.
Prompt Response. Franchisee shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all complaints. Franchisee shall respond to all complaints from persons within 24 hours of receipt of such complaint, weekends and holidays excluded.
(Ord. 1816 § 2, 2007; Ord. 1978 § 1 (Exh. A), 2013; Ord. 2016 § 1(F), 2015; Ord. 2030 § 1, 2015; Ord. 2065 § 1(A), 2018)