[1]
Prior legislation: Prior code §§ 6-2.01 through 6-2.30 and Ords. 93-10, 94-03 and 2003-15.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"City"
means and includes the city of Winters, California.
"City clerk"
means the city clerk of the city of Winters, California.
"City council"
means the city council of the city of Winters, California.
"City manager"
means the city manager of the city of Winters, California.
"Collector"
means and includes the city, or any agent or employee thereof, with whom the city has duly contracted under the terms hereinafter set out in this chapter, to collect, transport through the streets, alleys or public ways of the city and dispose of solid waste produced within the limits of the city.
"Enforcement officer"
means the director of public works, police chief or his or her designee, or the city manager or his or her designee.
"Green waste"
means any and all forms of biodegradable plant material which can be placed in a green container, such as wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds as well as green waste.
"Household hazardous waste"
is that waste material purchased by the general public for household use and shall include 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;
2. 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. It shall also include:
a. 
All waste defined or characterized as hazardous waste by the Federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.) as amended including the Resources Conservation Recovery Act of 1976 (42 U.S.C. 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder; and
b. 
All waste defined or characterized as hazardous waste by the principal agencies of the state of California having jurisdiction over hazardous waste generated by facilities within such state.
c. 
"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.
"Industrial waste"
means wastes produced in large quantities from factories, industrial plants, and mining plants.
"Inert solids"
means and includes, but not by way of limitation, brick, cement, asphalt, dirt, and rocks.
"Organic waste" or "organic materials"
means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food waste, green waste, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges.
"Recyclables" or "recyclable materials"
means and includes the following materials generated on or emanating from residential or commercial/industrial premises and no longer useful or wanted thereon: glass bottles and jars: any food or beverage container (excluding ceramics and chemical containers); aluminum: cans, foil, pie tins and similar items (excluding dirt or organic material); steel or bimetal cans not to exceed one-gallon size; polyethylene terephthalate (PET): plastic soda bottles or other bottles with designated "PET" symbol; high density polyethylene (HDPE) plastic milk and water bottles with the designated "HDPE" symbol (excluding detergent or bleach bottles) and all other plastic products; newspaper; cardboard: separated and not having waxed surfaces; computer printout (excluding carbon); white ledger: white bond paper, clean office paper that is not contaminated by other waste material, white envelopes (excluding coated paper); and such materials as may be determined by agreement between city and collector. "Recyclables" includes magazines, newspapers, and cardboard, clean cans, food containers, glass, and plastic beverage containers, and other material collected or accepted as part of the city's recycling program.
"Recycling"
means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.
"Rubbish"
means solid waste that is not recyclable including but not limited to combustible and noncombustible material, paper, packing materials, crockery, pasteboard, discarded clothing, rugs, straw, rubber, metal, plastic, and debris.
"Solid waste"
means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous, radioactive waste or medical waste.
(Ord. 2021-04 § 1 (Exh. A))
The power is granted the city council to create at any time by resolution a solid waste department of the city, and to collect remove and dispose of all solid waste as a sanitary measure and as a benefit to the public health.
(Ord. 2021-04 § 1 (Exh. A))
It is unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, alley or drive, unless the same is kept, deposited or allowed to accumulate as provided in this chapter.
(Ord. 2021-04 § 1 (Exh. A))
At such time as there is in force a contract entered into by the city with any collector for the collection of solid waste in the city, it is unlawful for any person, other than the persons in the employ of the collector having such contract, to collect or transport any solid waste within the city.
(Ord. 2021-04 § 1 (Exh. A))
A. 
Every owner of a premises whether at a residential, commercial, industrial location or otherwise shall subscribe for and pay the collector for solid waste service at such rates as may be approved by the city council from time to time.
B. 
Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner's obligation as provided herein.
C. 
It is unlawful for any person to deposit solid waste, recyclables, or organic waste for collection by city or collector at any premises other than the premises on which the solid waste, recyclables, or organic waste was generated, except with the permission of the owner or occupant.
(Ord. 2021-04 § 1 (Exh. A))
There shall be at least one collection per week, except that solid waste from hotels, restaurants, vegetable, meat, poultry or fish markets and fresh fish or fresh drink stands, and such other establishments designated by the enforcement officer, shall be collected more frequently.
(Ord. 2021-04 § 1 (Exh. A))
It is unlawful for any person in any manner to interfere with the collection and disposal of solid waste by any person authorized by license or contract to collect and dispose of same.
(Ord. 2021-04 § 1 (Exh. A))
It is unlawful for any person to keep, accumulate or permit to be accumulated any solid waste upon any lot or parcel of land, or on any public or private lane, place, street, alley or drive, unless the same is in city-approved containers capable of being handled by city's or collector's disposal equipment, or containers provided by the collector, which shall be kept closed at all times, except when necessarily opened to permit solid waste, recyclables, or organic waste to be taken therefrom or deposited therein. The containers shall also be provided with handles and each container shall be placed so as to be readily accessible for removal and emptying the material contained therein by the collectors.
(Ord. 2021-04 § 1 (Exh. A))
No person shall place or deposit any solid waste, recyclable materials, or organic waste in or upon any public place, street, alley, sidewalk or footpath in the city except in proper containers for the purpose of collection by the collectors and between the hours of five p.m. on the day before and eight p.m. on the scheduled collection day when the city or the collector collects from the particular premises.
(Ord. 2021-04 § 1 (Exh. A))
A. 
For green waste placed out for collection, the material must be placed either:
1. 
In green containers subject to the time restrictions specified in Section 8.04.100; or
2. 
In a pile no longer than five feet in the street and no earlier than four days before the scheduled collection day. Such green waste shall be placed and maintained in a pile or piles immediately adjacent to, and in front of, the property from which it originated and shall be placed and maintained as not to restrict reasonable gutter drainage or obstruct traffic. In addition, no concrete, metal objects, sod, bricks, socks, gravel, wood, palm fronds, cactus, dirt, or other similar nonplant material as determined by the enforcement officer or collector shall be placed in or upon such pile or piles.
(Ord. 2021-04 § 1 (Exh. A))
Nothing contained in this chapter shall be construed to prevent or prohibit any resident in the city or any business in the city from taking, hauling, transporting or disposing of any solid waste created by the resident or his or her household, on premises personally occupied by him or her, or on premises occupied by a business in the conduct of its own business, provided the same is kept and hauled under the rules and regulations prescribed in this chapter. It is unlawful to dispose of, or recycle at, any facility that is not approved of by the city.
(Ord. 2021-04 § 1 (Exh. A))
No solid waste shall be removed and carried on or along the streets and alleys of the city except that the same is carried, conveyed or hauled in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets and alleys. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown upon the streets, alleys and adjacent lands.
(Ord. 2021-04 § 1 (Exh. A))
Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the enforcement officer to constitute a health menace of such a nature as necessary to be ordered to be promptly removed.
(Ord. 2021-04 § 1 (Exh. A))
It is unlawful for any person in the city to litter or throw or deposit any solid waste or to cause the same to be thrown or deposited upon any street, public or private land, alley, gutter, drain facilities, park, creek or any public place, or throw or deposit the same in or upon any vacant lot or back yard or to store or keep the same, except in the manner prescribed in this chapter.
(Ord. 2021-04 § 1 (Exh. A))
The enforcement officer shall supervise all matters in connection with solid waste disposal that concern the public health.
(Ord. 2021-04 § 1 (Exh. A))
A. 
For the collection and disposal of solid waste, recyclables, and organic waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.
B. 
Such contract shall provide that the collector shall collect and dispose of the solid waste, recyclables, and organic waste and shall not charge any amounts in excess of the rates specified by agreement between city and collector. The collector shall be required to furnish a cash surety bond to the city in the sum of one year's gross receipts conditioned upon the faithful performance of the contract and the provisions of this chapter. Such collector may, except as in this chapter otherwise provided, collect all solid waste, recyclables, and organic waste in the city, and transport the same through the streets and public ways of the city. Such contract shall also require that the collector procure for the period covered by the proposed contract, full compensation insurance in accordance with the workers' compensation insurance and safety provisions of the California Labor Code. Such contract shall also require that the collector carry public liability insurance to the extent deemed necessary by the city council, and property damage insurance to the extent deemed necessary by the city council upon each of the trucks or other vehicles used by him or her in carrying out the work called for in the contract. The city council, by resolution, shall have the power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.
C. 
Before such contract is entered into, sealed bids may be called for by the city council, on notice by publication in a newspaper of general circulation in the city, not less than one time. Each proposal or bid shall be accompanied by a certified check payable to the city in the sum deemed necessary by the city council, which sum shall be forfeited to the city if the bidder to whom the contract is awarded fails or refuses to enter into the contract within fifteen (15) days after the date of mailing to the successful bidder the "notice of award contract." The city council shall reserve the right to reject any and all bids, and the city council shall not be required to award such contract to the highest bidder, if, in the opinion of the city council, a lower bid presents a more satisfactory plan of handling such solid waste.
(Ord. 2021-04 § 1 (Exh. A))
A. 
The city council may authorize, by franchise, a solid waste enterprise to provide solid waste handling for residential, commercial/industrial users to customers. In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.
B. 
No person shall collect or dispose of solid waste, recyclables, or organic waste in the city unless that person has been awarded a solid waste franchise and has entered into a franchise agreement with the city, except as otherwise specifically provided in this chapter. Any such franchise shall be in addition to any business license or permit otherwise required by this code. No permit issued by any other governmental agency authorizing collection of solid waste recyclables or organic waste shall be valid in the city. Collectors operating in the city on the effective date of this chapter under a permit or nonexclusive franchise agreement may continue to operate only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Public Resources Code Section 49520.
(Ord. 2021-04 § 1 (Exh. A))
The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:
A. 
The nature, scope and duration of the franchise;
B. 
The collection schedule, including the frequency, days and hours of collection;
C. 
The applicable franchise fee, including the amount, method of computation, and time for payment;
D. 
The applicable rates, fees and charges for regular, special and emergency collection services, including the methods of setting and adjusting same, and the responsibility for billing and collecting same;
E. 
Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements;
F. 
The receipt, processing and reporting of customer inquiries and complaints;
G. 
The collection of solid waste from publicly owned property and facilities;
H. 
Performance standards for the collector's personnel and equipment;
I. 
Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;
J. 
Standards and procedures for periodic performance reviews by the city;
K. 
Noise attenuation policies and procedures;
L. 
The maintenance by the collector of an office for the conduct of business;
M. 
Policies and procedures relating to the noncollection of solid waste, and the composting and/or processing of organic waste, the collection of recyclables, and resource recovery;
N. 
Requirements relating to comprehensive liability insurance and workers' compensation insurance;
O. 
Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services;
P. 
Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;
Q. 
Requirements relating to performance bonds and to indemnification;
R. 
Requirements relating to affirmative action programs;
S. 
Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits and inspection of records;
T. 
Requirements relating to the assignment, transfer and renewal of the franchise;
U. 
Requirements relating to compliance with and implementation of the state and federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the city of state-mandated programs, including, without limitation, the city's source reduction and recycling element, the city's household hazardous waste element, and state waste diversion requirements;
V. 
Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.
(Ord. 2021-04 § 1 (Exh. A))
Each collector shall pay a franchise fee in an amount established in the franchise agreement authorizing the collection of solid waste, recyclables, or organic waste.
(Ord. 2021-04 § 1 (Exh. A))
In the event of any conflict between the provisions of a franchise agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the franchise agreement shall control.
(Ord. 2021-04 § 1 (Exh. A))
Every collector shall obtain and maintain at all times during the collector's operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction.
(Ord. 2021-04 § 1 (Exh. A))
No permit which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council.
(Ord. 2021-04 § 1 (Exh. A))
After conducting a hearing as provided for in this chapter, the city manager may revoke or suspend any collection permit or franchise for violation of a provision of this chapter or any other applicable law, ordinance or regulations of any public agency.
(Ord. 2021-04 § 1 (Exh. A))
The city manager, without a hearing, may suspend a franchise or a permit for not more than sixty (60) days, if the city manager finds that continued operation by the franchisee or permittee will constitute a threat to the public health, safety and general welfare.
(Ord. 2021-04 § 1 (Exh. A))
The city manager shall mail notice of a hearing to revoke a collection permit or franchise to the collector not less than fifteen (15) days prior to such hearing. In the event of the revocation of a franchise or a permit, the city manager shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail.
(Ord. 2021-04 § 1 (Exh. A))
Within fifteen (15) calendar days after notice by the city manager of revocation of a collection permit or franchise has been sent to the collector, the collector may file with the city clerk an appeal of such decision to the city council.
(Ord. 2021-04 § 1 (Exh. A))
The city council may either affirm the action of the city manager, send the matter back to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards delineated in Section 8.04.250. Notice of such hearing shall be sent to the collector not less than fifteen (15) days prior to the hearing.
(Ord. 2021-04 § 1 (Exh. A))
The enforcement officer is specifically required to enforce the provisions of Sections 8.04.030, 8.04.050(C), and 8.04.070 through 8.04.160 and have the right of entering any or all premises for the purpose of determining whether the provisions of such sections are being conformed with.
It is unlawful for any person to deny or obstruct such entry.
(Ord. 2021-04 § 1 (Exh. A))