Arcadia Municipal Code Div. 0 Solid Waste, Recyclables, and Organic Waste

(a) No person shall sort through, gather, collect or remove from any container, wherever situated, any discarded solid waste, organic waste, , junk, salvage, recyclables, or similar waste materials, nor shall any person convey the same upon or along any public street within the City, or cause or permit any combination of the above to occur without first obtaining a valid permit to do so pursuant to Chapter 3 of Article VI.

(b) All persons permitted to sort through, gather, collect or remove from any container, wherever situated, any discarded solid waste, organic waste, junk, salvage, recyclables, or similar waste materials shall comply with Part 4 of this Chapter,

(c) Subdivision (a) of this Section shall not apply to any of the following persons, firms or corporations:

(1) Any person, firm, or corporation in the employ of the City who shall be assigned by the Council to the work of sorting through, gathering, collecting or removing solid waste, organic waste, junk, salvage, recyclables or similar materials;

(2) Any person, firm or corporation with whom the City has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing solid waste, organic waste, junk, salvage, recyclables or similar materials;

(3) Any employee of any person, firm, or corporation with whom the City has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing solid waste, organic waste , junk, salvage, recyclables, or similar materials, during the time such contract shall be in force, and who is acting within the scope of his or her employment.

(d) For purposes of this section, the term "discarded" shall refer to the act whereby an owner of any material pays any fee to another for the services of collection, removal or disposal of such material.

(e) No person shall be subject to an action for violation of this section, unless the person knows, or reasonably should know, that the materials would otherwise be collected by persons or entities authorized by the City for the purpose of collection, disposal, hauling or recycling.

(f) Violation of this Section is hereby declared a misdemeanor punishable in accordance with Section 1200 of this Code.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The City, its agents, employees, or the person with whom the City has entered into or may hereafter enter into a contract for the collection and removal of solid waste, organic waste, or recyclables, shall collect and remove all solid waste, organic waste, and recyclables accumulated at the intervals specified in the following subsections hereof. Solid waste, organic waste, or recyclables presented for collection must have been accumulated from or generated by the use of the property from which the collection is made.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Weekly at regular intervals from any private dwelling house or residence and apartment houses containing less than ten (10) dwelling units, and semi-weekly from apartment houses containing ten (10) or more dwelling units.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Daily (Sundays and holidays excepted) from any hotel, restaurant or other place of business; provided that the owner or manager of any such hotel, restaurant or place of business may request solid waste, organic waste, or recyclables collection from such respective premises less frequently, in which case garbage may be collected less frequently from such premises.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Any solid waste, organic waste, or recyclables, vessel, can, container, or receptacle which leaks and is not watertight shall be replaced by the person from whom the solid waste, organic waste, or recyclables is collected within ten (10) days after notice from the collector of solid waste, organic waste, or recyclables stating the condition of such vessel, can, container or receptacle. Such notice from the collector shall be made by attaching a tag to such vessel, can, container or receptacle and indicating thereon the defective condition thereof.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Every person desiring to have solid waste, organic waste, or recyclables collected from any hotel or place of business shall place such solid waste, organic waste, or recyclables container or receptacle within five feet (5') of the alley in the rear of such premises where there is an alley other than a blind alley, and if there be no alley other than a blind alley in the rear of such premises, then such container or receptacle shall be placed at some convenient location on the premises. Every person desiring to have solid waste, organic waste, or recyclables collected from any residential street or alley shall place such solid waste, organic waste, or recyclables container or receptacle within five feet (5') of the street or alley. All solid waste, organic waste, or recyclables to be collected as provided in this Part shall be placed at the locations designated herein prior to the hours fixed for the collection of solid waste, organic waste, or recyclables .

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Garbage vessels, cans, containers or receptacles from which solid waste, organic waste, or recyclables is collected at any hotel or place of business shall be so constructed as to contain not less than three (3) nor more than thirty (30) gallons.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

All vessels, cans, containers or receptacles mentioned in this Part shall be constructed of metal and shall be provided with a handle or handles on the outside thereof and with a tight fitting metal cover. Such cover shall not be removed except when necessary to deposit solid waste, organic waste, or recyclables therein or to take solid waste, organic waste, or recyclables therefrom.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

To be collected by the City or by any person under contract with the City, residential refuse, organic waste, and recyclables shall be placed in sturdy containers not exceeding a gross weight of sixty (60) pounds, and in compliance with Part 4.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

No person shall deposit, place, leave or permit to be or remain any solid waste, organic waste, or recyclables or other waste , or any solid waste, organic waste, or recyclables can, receptacle or container in, upon, within or on any public street, road, highway, parkway, alley, sidewalk or other public thoroughfare; or in or upon any vacant lot; or in, upon or within the required front yard of any improved lot; or upon or within the area of any improved lot between the front main building thereon and the street upon which such lot fronts; and, in addition to the foregoing restrictions, in, upon or within any portion of a corner lot closer to the side street than the street-side side yard applicable thereto except behind a solid fence or wall at least four feet (4′) in height and lawfully erected and maintained along the street side of at least the rear yard.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Solid waste, organic waste, and recyclables may be placed on a parkway within twenty-four (24) hours prior to the date and time specified by the Manager for the collection of such solid waste, organic waste, or recyclables by the City or by any person under contract with the City for such collection if placed in containers in accordance with the provisions of this Part and Part 4.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Notwithstanding the provisions of Section 5120.5.1, no person shall permit any solid waste, organic waste, or recyclables can, receptacle or container to remain on any public street, sidewalk or parkway adjacent to property owned or occupied by that person past five (5) a.m. on the day following collection.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

No permit shall be required of any landscaper, landscape architect, or tree surgeon solely for the removal of Source Separated Organic Waste resulting from the operations of any such licensed business; nor of any person licensed by the City performing work as an independent contractor for the abatement of weeds, the clearing of land or the regular and continual maintenance of premises in the City. Organic Waste shall be hauled to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, businesses may haul Organic Waste to a High Diversion Organic Waste Processing Facility. All business shall maintain and provide records to the City regarding the collection and disposal of Source Separated Organic Waste as required by the SB 1383 Regulations.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The Council may by resolution fix and determine the uniform rates that may be charged by any person for the collecting or removing of solid waste, organic waste, or recyclables from any premises in the City. The rates thus fixed and determined shall remain in effect for the period prescribed or until changed in like manner by the Council. No person shall charge or collect any fee or rate other than the fee or rate thus fixed and determined.

(a) Residential Refuse Fee. A fee of Thirty Cents ($0.30) per month per residential unit is hereby established to fund the cost of preparing, adopting, implementing and administering the source reduction and recycling element and the integrated waste management plan mandated by Public Resources Code 40000 et seq. The fee shall be in addition to any other fee or charge for solid waste collection authorized by this Code, and may be subsequently amended by resolution of the City Council.

(b) Method of Collection. The bill for solid waste service shall be the medium for billing and collecting the residential solid waste fee. The fee shall be charged to the person in whose name solid waste service is registered. The fee shall be charged and billed as a monthly regular service charge, and no credit shall be allowed for this portion of a month's service.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The owners or occupants of all single-family houses and all multiple-dwelling units including, without limitation, duplexes, triplexes, apartments and condominiums in the City shall subscribe to and pay for solid waste, organic waste, or recyclables collection service, regardless of whether solid waste, organic waste, or recyclables is placed for collection. Such service shall be provided by the City's duly authorized residential solid waste collector as established by the Arcadia Municipal Code, resolutions of the City and the City Residential Refuse Agreement. No person shall refuse such service, use other service, or fail to pay the collector of such solid waste, organic waste, or recyclables the fee charged by such collector, which shall be in accordance with the rates fixed and determined by resolution of the City Council.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The collector of solid waste, organic waste, or recyclables may refuse to collect solid waste, organic waste, or recyclables or all from the premises of any person who fails to pay for such collection services at rates no greater than those fixed and determined by the Council.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

No person operating or using any vehicle for the collection, hauling or disposal of solid waste, organic waste, recyclables, dead animals, offal, swill, manure, or any other nauseous or offensive substance shall cause or permit such vehicle to be or remain in a filthy or offensive condition nor to be in motion upon any street, alley or highway unless the vehicle is at all times while thus in motion covered with a cover sufficient to prevent any part of the load of such vehicle from spilling upon the street, road or highway.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

No person operating or using any vehicle for the collection, hauling or disposing of solid waste, organic waste, recyclables, dead animals, offal, swill, manure or any other nauseous or offensive substance shall cause or permit such vehicle to stand, remain or be parked in or upon any street longer than is necessary for the loading and hauling of any such substance to its destination.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The collection of residential solid waste, organic waste, and recyclables shall be confined to Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. Collections may be made on Saturday between 7:00 a.m. and 5:00 p.m. if a holiday occurs within the preceding six (6) days. The collection of commercial solid waste, organic waste, and recyclables shall be confined to Sunday through Saturday between the hours of 7:00 a.m. and 5:00 p.m., except that commercial solid waste, organic waste, or recyclables collection may be commenced in certain defined geographical locations or areas at earlier hours as specified by Council resolution. If in the judgment of the City Manager conditions warrant a temporary departure from the days and hours of such collection, the City Manager may authorize collection of solid waste, organic waste, or recyclables on such days and during such hours as he deems appropriate for a period not to exceed two (2) weeks.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Every vehicle used in collecting, hauling or disposing of solid waste, organic waste, or recyclables shall be operated in compliance with the provisions of Chapter 2 of Article III of the Arcadia Municipal Code.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)