Part 7 — COMMERCIAL COLLECTION — Agoura Hills Municipal Code

- Commercial collection—Disposal and status of solid waste.

(a)

Commercial collectors shall collect and dispose of all solid waste generated and presented for collection at each commercial premises in conformity with the provisions of 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 or permit.

(b)

All solid waste collected by a commercial collector shall be the property of the collector.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Commercial collection—Frequency and hours.

(a)

Frequency. Commercial collectors shall collect solid waste from commercial premises on a schedule which is agreed upon between the commercial 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 any occupied residential premises 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 manager. Hours and days of collection are subject to change by the city council.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Commercial containers.

Every commercial business served by a collector shall have the option to: (i) provide the necessary solid waste containers or containers to accommodate solid waste generated from the commercial business; or (ii) use the container or containers provided by the collector. Any such container shall be a standard commercial solid waste container which is compatible with the collector's collection equipment.

Every collector who provides any container or other equipment used for the storage of commercial solid waste shall:

(1)

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 the collector's name or firm name, and telephone number, in a color contrasting to the background color of the container; and

(2)

Provide containers on casters and/or with hasps or locks upon request by the commercial business owner or the city manager.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Commercial—Maintenance and place of containers.

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 business owner. Every commercial business owner shall provide a solid waste container location on the commercial premises and shall keep the 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. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Commercial collection—Care of containers.

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 the commercial business owner.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Commercial collection—Special circumstances.

In the event that the city awards a commercial solid waste franchise, if particular commercial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform the 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 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 manager shall determine the rates and method of service. If the franchised collector is unable or unwilling to provide such service, the city manager 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. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)

- Recycling.

The city council is authorized to adopt, by resolution, a recycling program for commercial premises. Every collector shall comply with the requirements of any such recycling program adopted by the city council.

(Ord. No. 256, § 4, 12-20-95)

- Commercial franchise.

In the event that the city council awards a franchise for solid waste or recyclable materials collection from commercial premises, the following shall be required:

(1)

No solid waste shall be collected from commercial premises for a fee, service charge, or other consideration by any person other than the franchisee(s), unless otherwise provided in this chapter. In such event, 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 specifically provided in this chapter.

(2)

Except as otherwise provided in this chapter, each commercial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial premises held or occupied by the commercial business owner and shall pay for such services the fees approved by the city council, or as agreed to with the collector if the city council does not establish such fees. No commercial 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 business which has its own recycling or resource recovery program for recyclable materials generated by such business and not utilizing a commercial 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.

(Ord. No. 209, § 1, 4-8-92; Ord. No. 256, § 4, 12-20-95)