Berkeley Municipal Code Ch. 12.34 Curbside Refuse, Organics, and Recycling Collection

A. "Curbside cart or cart" refers to the Garbage, Recycling and Organics carts provided by the City of Berkeley for use in the curbside collection system.

B. "Customer can" refers to a can with a capacity of 32 gallons or less, provided by the residential customer and approved by the City, that is used for backyard/on-property collection under exemption conditions specified in Section 12.34.040.

C. "Gutter Area" means the narrow channel along the side of a road or street to carry off water adjacent to a curb.

D. "Disability," with respect to an individual, means the individual is unable to wheel the curbside cart to the street due to a disability, as defined in the Americans With Disabilities Act.

E. An "exemption" is when an occupant is excluded from participation in the curbside collection program as set forth in Section 12.34.040.

F. An "exception" is when circumstances arise that prohibit full participation in curbside collection. (Ord. 7252-NS § 1 (part), 2012)

A. On the designated day of collection, all occupants except those exempted in Section 12.34.040, shall place the City provided curbside cart in the gutter area or in a clearly accessible location at the curb when gutter placement is not possible. The cart must be placed so that it does not obstruct the right-of-way of traffic or the sidewalk. The cart may not be placed for collection on any stairway or in a garage, except as specified in Section 12.34.040. The occupant or their agent must remove the curbside cart from the public right-of-way within 24 hours of garbage collection.

B. In instances in which the City determines that curbside collection is impossible due to insufficient room in the gutter or at the curb (an area at least 2 feet by 3 feet square), absence of a parking strip adjacent to the curb, a slope not suitable for carts as determined by the City, or other conditions that compromise collection operations and safety, the City may authorize an exception to curbside participation and provide backyard/on-property service. (Ord. 7252-NS § 1 (part), 2012)

The City shall provide, as part of curbside service, a special curbside cart. The City will deliver the curbside cart to the property. The City will repair and replace the cart when necessitated by ordinary wear and tear as reported by City refuse collectors. The occupant is responsible to the City for using reasonable care and judgment in maintaining the cart. A replacement fee will be charged to the owner’s account if it is determined by the City that the container was damaged or destroyed due to willful misconduct or failure to use reasonable care. (Ord. 7252-NS § 1 (part), 2012)

A. An occupant who, due to a physical or mental disability as defined in Section 12.34.010.D, is unable to place the curbside cart in the gutter area or at the curb, shall be exempt from participation in curbside service and shall receive backyard/on-property service for the same fee as charged curbside customers. Exemption shall be determined by application to the City signed by, or on behalf of, the resident. The application shall attest to the occupant’s physical or mental disability, as defined in Section 12.34.010.D, and that neither the occupant nor anyone else residing at the premises is able to place the curbside cart in the gutter area or at the curb. The disabled occupant must notify the City within 30 days if their ceases to reside in the premises or is no longer disabled.

B. An occupant who is temporarily disabled as defined in Section 12.34.010.D may be exempt from participation in curbside service and receive backyard service for the same fee as charged curbside customers. Exemption shall be determined by application to the City signed by, or on behalf of, the resident. The application shall attest to the occupant’s physical or mental disability, as defined in Section 12.34.010.D, and that neither the occupant nor anyone else residing at the premises is able to place the curbside cart in the gutter area or at the curb. The disabled occupant must give an estimated date for the end of the disability, and notify the City within 30 days if they cease to reside in the premises or is no longer disabled.

C. Persons over 62 years of age may choose to exempt themselves from curbside collection. The occupant over the age of 62 years shall submit a signed statement to the City attesting that they are over 62 years of age, and that no one residing at the premises is able to place the curbside cart in the gutter area or at the curb. The occupant may submit this statement at any time. Backyard service shall be provided within 10 days of an occupant’s request to the City under this exemption.

D. Occupants who are exempt from participation in the curbside collection system under subsections A, B and C above will not be provided a curbside cart. Such occupants must use a customer provided can, approved by the City, and paid for by the occupant.

E. The names and addresses of occupants exempted under subsections A, B, and C above are protected as confidential under the California Constitution’s right to privacy provision. (Ord. 7252-NS § 1 (part), 2012)