Article VI — GENERAL REQUIREMENTS

(a)

All solid waste and recyclables, including organic materials collected from residential or commercial/industrial premises for a fee, service charge or other consideration, shall be collected by an authorized collector, subject to the exclusions set forth in article V of this chapter. Recycling is mandatory for all residential and commercial/industrial property.

(b)

No person, firm, corporation or solid waste enterprise, other than an authorized collector, shall negotiate or contract for, undertake to receive, collect or transport solid waste or recyclables from within the city for a fee, service charge or other consideration therefor, except as specifically provided herein.

(c)

Except as otherwise provided in this chapter, each residential householder and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste and recyclables from the residential or commercial/industrial premises held or occupied by such householder or owner and shall pay for such services the fees set by the collector and authorized by the city council. No residential householder or commercial/industrial business owner shall enter into an agreement for solid waste and recyclables collection services with any person, firm, or corporation other than the authorized collector, except as otherwise provided in this chapter.

(d)

It is unlawful for any person to throw or deposit, or cause to be thrown or deposited, any solid waste, or recyclable materials or abandoned vehicle parts, or allow any collection of same to remain, in or upon any public right-of-way or upon any premises whatsoever except an approved disposal area. It is unlawful to dispose of solid waste in a container owned or rented by a person other than the generator of such solid waste, without permission from the owner or renter of the container to deposit solid waste in the container.

(Code 1969, § 6.20.340; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 7, 10-19-2020)

(a)

Any person who deposits or causes to be deposited any solid waste or recyclables on any public property, including the public right-of-way, or on private property within public view, except in a container provided therefore as herein specified, shall immediately clean up, contain, collect and remove same.

(b)

This includes any indiscriminate placed advertising fliers, door-knob hangers, and trade type newspapers which create litter within the city.

(c)

Destroying, scattering or collecting recyclables without the consent of the owner is unlawful. It is unlawful for any person to burn, break, destroy, scatter, collect or take any recyclable materials without the consent of the owner of such materials. Consent to collection of such materials may be either oral or written, or may be manifested by a practice or arrangement between the owner and donees, whereby recyclable materials are placed in a particular place, area or distinctive container, for regular collection by the donee.

(Code 1969, § 6.20.350; Ord. No. 782, § 3(part), 2002)

State Law reference— Unlawful dumping of waste matter, Penal Code § 374.3.

No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city manager, or is necessary owing to mechanical failure or accidental damage to a vehicle.

(Code 1969, § 6.20.360; Ord. No. 782, § 3(part), 2002)

No person other than the authorized collector shall remove or tamper with, or remove any solid waste, recyclables or organic waste from a container, other than the owner or occupant of the property served by such container, or an authorized employee of the city. This section shall not limit the rights or authority of any peace officer to inspect the contents of any trash container or to seize evidence of crimes from any trash container that has been placed for collection as required by this chapter.

(Code 1969, § 6.20.370; Ord. No. 782, § 3(part), 2002; Ord. No. 816, § 9, 2006; Ord. No. 984-2021, § 10, 12-6-2021)

(a)

In residential areas and commercial/industrial areas that are contiguous to residential premises, no collection or delivery/removal of containers shall be made between the hours of 7:00 p.m. and 5:30 a.m., Monday through Saturday, or at any time on Sunday.

(b)

In commercial/industrial areas that are not contiguous to residential premises, no collection or delivery/removal of containers shall be made between the hours of 6:00 p.m. and 4:00 a.m., Monday through Saturday, or at any time on Sunday.

(c)

The city manager may waive the requirements of this section when necessitated by conditions beyond the control of the collector. The city manager may require a collector to change hours of operation in residential or commercial/industrial areas if disruption occurs.

(Code 1969, § 6.20.380; Ord. No. 782, § 3(part), 2002)

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste, and recycling.

(Code 1969, § 6.20.390; Ord. No. 782, § 3(part), 2002)

At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste and recyclables become the property of the city's authorized collector.

(Code 1969, § 6.20.400; Ord. No. 782, § 3(part), 2002)

(a)

It shall be unlawful at any time for any person, including collectors, to burn any solid waste or recyclables within the city.

(b)

It shall be unlawful at any time for any person, including collectors, to bury or dump any solid waste or recyclables within the city.

(Code 1969, § 6.20.410; Ord. No. 782, § 3(part), 2002)

No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables properly placed for collection, or beyond the extent necessary to provide any agreed upon special collection service.

(Code 1969, § 6.20.420; Ord. No. 782, § 3(part), 2002)

Each collector shall provide the city with monthly tonnage reports, which include the following:

(1)

Total amount of solid waste, recyclables, and organic materials removed from the city for the respective reporting month. Organic materials tonnage shall include a breakdown of food waste and green waste.

(2)

The name, address and telephone number of each solid waste disposal and/or recycling facility used by the collector during the reporting month.

(3)

The complaint log described in this section.

(4)

Each report shall be signed by an officer of the collector. If the collector has more than one collection route, it shall submit a separate report for each collection route. Each report shall be received by the city by 5:00 p.m. on the 20th day of each month following each reporting month.

(5)

Each collector shall maintain, and submit monthly, copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month that collection services are provided; an updated revised collection service identification list; report for the reporting month.

(Code 1969, § 6.20.430; Ord. No. 782, § 3(part), 2002; Ord. No. 968-2020, § 8, 10-19-2020)

Every collector shall furnish an annual report to the city detailing the quantity and nature of all solid waste or recyclables removed from the city. Reports shall be delivered to the city on or before January 31 of each year, for the immediately preceding calendar year. This report shall also include permitted waste disposal facilities where the collector has disposed and/or transferred all solid waste removed from the city. This report is to also include a compilation of monthly tonnage reports and/or copies of tipping receipts. The

report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from the collector. The timely filing of a complete annual report is a condition of any permit or collection agreement awarded by the city.

(Code 1969, § 6.20.440; Ord. No. 782, § 3(part), 2002)

Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the manager showing the insurance to be in full force and effect at all times the collector shall have a permit issued by the city.

(Code 1969, § 6.20.450; Ord. No. 782, § 3(part), 2002)

Each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in amounts approved by the city council. The insurance shall provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, shall be procured from an insurer authorized to do business in the state, shall name the city and its officers, employees and agents as additional insured and shall not be canceled or modified without first giving to city 30 days' prior written notice.

(Code 1969, § 6.20.460; Ord. No. 782, § 3(part), 2002)

Any collector or person who collects, transports, or disposes of solid waste, recyclables, or organic materials within the city shall indemnify, defend, and hold harmless the city and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation, or disposal of solid waste, recyclables or organic materials by that person.

(Code 1969, § 6.20.470; Ord. No. 782, § 3(part), 2002, Ord. No. 968-2020, § 9, 10-19-2020)

(a)

Any collector with a collection agreement shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory in the firm name by which it conducts business in the city, and shall at all times during the hours between 8:00 a.m. and 5:00 p.m. of each weekday have an employee or agent at that office to answer inquiries and receive complaints. The telephone number shall be a toll-free number from all portions of the city.

(b)

The collector shall maintain at the office a written log of all complaints/inquiries received. Such log shall contain the date of inquiry/complaint, the callers name, address and telephone number, the nature of the complaint/inquiry, the action taken or the reason for nonaction, and the date such action was taken. All inquiries and complaints shall be promptly answered or responded to and/or dealt with to the satisfaction of the city. Such log of complaints and other records pertaining to solid waste and recyclables collection and disposal shall be open to the inspection of the city at all reasonable times and shall be maintained for a period of one year. Compliance with the requirements of this section are conditions to any permit or collection agreement which is awarded by the city.

(Code 1969, § 6.20.480; Ord. No. 782, § 3(part), 2002)

All owners, contractors and builders performing construction or demolition work in the city shall,

(a)

Have an approved Construction Waste Management Plan (CWMP) prior to issuance of a permit to commence work for any project generating waste in the city. The plan shall be in accordance with the CALGreen Building Code and project must meet diversion targets pursuant to the law. A CWMP performance bond in an amount determined by the city council shall be collected at time of permit issuance as a promise to achieve required diversion rate stipulated by the state and may be retained by the city if the contractor or owner/builder is unable to demonstrate sufficient diversion within 30 days of project completion or issuance of certificate of occupancy. To demonstrate sufficient diversion, the contractor or owner/builder must provide a report of the following, which shall be used to calculate the overall diversion rate:

(1)

Quantities of each material type generated.

(2)

Breakdown of what portion of each material generated was recycled/salvaged.

(3)

Breakdown of what portion of each material generated was disposed as trash.

(4)

Weight receipts from recycling and/or disposal facilities may also be required.

(b)

Upon the completion of any project, gather up and haul away, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the construction or demolition activity, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall

place the lot and all nearby premises utilized in such construction in a well-organized condition, and it shall be unlawful not to do so.

(Ord. No. 984-2021, § 11, 12-6-2021)

Editor's note— Ord. No. 984-2021, § 11, adopted Dec. 6, 2021, repealed the former § 6.20.490 and enacted a new § 6.20.490 as set out herein. The former § 6.20.490 pertained to building contractors to leave area clean and derived from Code 1969, § 6.20.490; and Ord. No. 782, § 3(part), adopted in 2002.

The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this chapter is hereby declared to be a nuisance pursuant to Government Code § 38771. The city council, pursuant to Government Code § 38773, shall, by separate ordinance, provide for the summary abatement of such nuisances. The city may require an increase in service level as deemed necessary for any property having repeated occurrences of accumulation of waste.

(Code 1969, § 6.20.500; Ord. No. 782, § 3(part), 2002; Ord. No. 984-2021, § 12, 12-6-2021)