California City Municipal Code Art. 1 General

Footnotes:

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Editor's note— Ord. No. 21-792, § 2, adopted November 23, 2021, added title Article 1 to Chapter 2 to read as set out herein.

The following terms are defined for the purposes of this Chapter:

(a) "Recycling Act" or "AB 341" means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011, as amended from time-to-time.

(b) "Waste Management Act" or "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended from time-to-time.

(c) "AB 1826" means Chapter 12.0 of Part 3 of Division 30 of the Public Resources Code (Sections 42649.8 through 42649.86), as it may be amended from time to time.

(d) "Commercial" means from or pertaining to non-residential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property, which are permitted under applicable zoning regulations and are not the primary use of the property. Commercial also includes Multiple-Unit Dwellings with five (5) or more units.

(e) "Container" means a solid waste or recycling storage and collection receptacle provided by the City's Franchisee and approved by the City. Containers include the various sizes of carts, bins, roll-off boxes, and compactors described in the Franchise Agreement.

(f) "Electronic Waste" or "E-Waste" means discarded electronic equipment, including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste may be Hazardous Waste and require special handling, processing, or disposal.

(g) "Franchise Agreement" means the solid waste and recycling franchise agreement granted by the City to a provider of solid waste and recycling collection services within the City.

(h) "Franchisee" means the party to which the City has granted a Franchise Agreement.

(i) "Generator" means any person that generates, produces, or discards solid waste and recyclable materials.

(j) "Hazardous Waste" means waste materials determined by CalRecycle, the Department of Toxic Substances Control, the State Water Resources Control Board, or the Air Resources Board to be:

(i) Of a nature that they must be listed as hazardous in State statutes and regulations;

(ii) Toxic/ignitable/corrosive/reactive; or

(iii) Carcinogenic/mutagenic/teratogenic.

(k) "Household Hazardous Waste" means those hazardous waste materials generated at and discarded from residential premises.

(l) "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments identified in Health and Safety Code Section 25117.5 as may be amended from time-to-time.

(m) "Litter" means garbage, refuse, rubbish, and other solid waste material which, if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a blight or danger to the public health, safety, and welfare.

(n) "Liquid Waste" means watered or dewatered sewage or sludge.

(o) "Medical Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs, and waste which includes animal wastes or parts from slaughterhouses or rendering facilities.

(p) "Multiple-Unit Dwelling" means any building in the City, other than a Single-Unit Dwelling, lawfully occupied for human shelter.

(q) "Multi-Family" means any Multiple-Unit Dwelling with five or more dwelling units and/or refers to programs serving the people living in such properties.

(r) "Organic Waste" shall have the same definition as is described in Public Resources Code § 42649.8 as it may be amended from time to time.

(s) "Public Place" means streets, sidewalks, boulevards, alleys, or other public ways, public parks, squares, spaces, grounds, and buildings, and the portions of private premises held open to the public.

(t) "Recyclable Materials" means newspaper, cardboard, mixed color paper, white paper, junk mail, magazines, telephone books, paper bags, cereal and food boxes, egg cartons, plastic bottles, and containers labeled #1-7, plastic milk containers, plastic bags, detergent containers, clear, brown, and green food and beverage container glass, cans of aluminum, steel, tin, food cans, empty aerosol cans, pie tins, or other materials having economic value contained within a load of recyclable materials.

(u) "Residential" shall mean of, from, or pertaining to a Single-Unit Dwelling premises or Multi-Unit Dwelling premises including Single-Family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

(v) "Sharps" means any needles, syringes and lancets used for application, removal, or testing needed for medication, fluid sampling, or any other application.

(w) "Single-Unit Dwelling" means a dwelling designed for or occupied exclusively for human shelter by one (1) family.

(x) "Solid Waste" means all garbage, refuse, rubbish, and other materials and substances discarded or rejected as being spent, useless, worthless, or in excess to the Generator thereof at the time of such discard or rejection and which are normally discarded by or collected from residential premises, commercial premises and institutional establishments, which are acceptable at Class III landfills under applicable law, and which are originally discarded by the first Generator thereof and have not been previously processed. Solid waste does not include electronic waste, hazardous waste, medical waste, infectious waste, liquid waste, construction and demolition debris, or universal waste. Solid waste includes only those materials which were originally discarded by the first Generator thereof, prior to any processing at any premises within the City. Organic waste is a type of solid waste unless context requires otherwise.

(y) "Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations, including, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste.

( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.A, 11-28-2017 )

(a) No person shall throw or deposit waste in or upon a public place except in public receptacles, in containers for collection, or at permitted transfer stations or landfills.

(b) Persons placing litter in public receptacles or in containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon a public place.

(c) Every person in possession, charge, or control of any property shall keep such property free and clean of any accumulation of solid waste.

(d) Except as otherwise provided in this Chapter, no person shall deposit, keep or accumulate or permit or cause to be deposited or to remain on property, any solid waste.

(e) No person shall place, deposit, or dump solid waste or cause solid waste to be placed, deposited, or dumped upon private property.

(f) No person shall sweep into or deposit in a public place, the accumulation of solid waste from a building or lot or public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises or business free of waste.

(g) If a person within the City has not complied with an order of the Code Enforcement Officer to remove accumulation of solid waste deemed dangerous to the public health to delay its removal, the Code Enforcement Officer may enter the premises and remove the offensive accumulation. The person responsible for such accumulation shall be liable to the City for the costs of collection, in addition to other penalties.

( Ord. No. 12-713, § 2, 11-6-2012 )

The placement or burial of solid waste (excluding organic waste) upon private property or a public place or burning of solid waste within the City is prohibited and is a misdemeanor.

( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.B, 11-28-2017 )

The placement of electronic, universal, household hazardous, infectious, liquid, or medical waste, material, fluids, equipment, retainers, or medical sharps in a residential or commercial container covered by this Chapter is prohibited and is a misdemeanor.

( Ord. No. 12-713, § 2, 11-6-2012 )

(a) No person shall store solid waste in any boxes, bags, or barrels of any type within a public place or between any front lot line and the main building on a residential or commercial lot, or within that portion of the street side of a corner lot equal to the depth of the required street side yard.

(b) This Section shall not preclude:

(1) The storage of solid waste in a container of a commercial establishment, in front of a main building if such bin or container is within a solid wall enclosure lawfully erected and maintained in such a manner to allow access to the bin or container for collection of waste by the franchisee.

(2) The storage of solid waste from renovations of residential or commercial buildings or major landscaping work in temporary use covered containers and such container may be placed in view from a public place if such placement is for the convenience of the collection by the franchisee and is not in violation of any other municipal Code, and any such temporary use shall be limited to the reasonable time needed to complete such renovations or work not to exceed six months.

(3) The storage of solid waste in a covered container for collection and removal by the franchisee.

(4) A person, whose waste is collected or removed by the franchisee, from placing or maintaining a container in the manner set forth in this chapter within the public place in front of the premises from which such solid waste emanated; provided, however, no such container shall be placed within any public place earlier than 6:00 a.m. on the day preceding the day for the collection of waste, nor be allowed to remain within the public place later than 6:00 a.m. on the day following such collection.

( Ord. No. 12-713, § 2, 11-6-2012 )

Every person in possession, charge, or control of residential or commercial premises shall utilize containers of adequate size and collected at an adequate frequency to contain the amount of solid waste and recyclable materials ordinarily accumulating at such place during the intervals between collections. Notwithstanding the foregoing, multifamily residential dwellings that consist of fewer than five (5) units are not required to collect organic waste, unless required to do so by AB 1826 or other applicable law. Such receptacle shall be provided by the franchisee and approved by the City. The containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed and locked, except when depositing waste, to prevent the loss of any waste material.

( Ord. No. 12-713, § 2, 11-6-2012 ); Ord. No. 17-756, § 1.C, 11-28-2017 )

(a) Solid Waste and Recyclable Materials containers shall be placed, as required by the franchisee, within five (5) feet of the public place on collection days and shall be readily accessible for collection.

(b) Notwithstanding the provisions of this Chapter, persons storing solid waste and/or recyclable materials in containers may request the franchisee to enter upon their residential premises to collect such containers.

(c) Solid Waste and Recyclable Materials shall be enclosed in containers in such a manner so that no portion of the enclosed material shall be blown by the wind, leak, or spill out during the period of storage, prior to, or during its collection.

( Ord. No. 12-713, § 2, 11-6-2012 )

(a) The City may grant an exclusive franchise agreement for solid waste and recyclable materials collection service and the operation of other programs required by the Recycling Act within all or any portion of the City. The City may grant an exclusive franchise agreement upon a determination that the public health, safety and well-being are thereby served and in order to comply with the requirements of the Recycling Act and the Waste Management Act. The franchise agreement shall be granted by resolution pursuant to the process set forth in this division.

(b) Under no circumstances shall a person be permitted to be the franchisee for a period exceeding fifteen (15) years without the award of a subsequent franchise agreement being the subject of a competitive request for proposals process to ensure that such party continues to provide the best overall value to the City, its residents, and businesses. The request for proposals shall be distributed to no less than five companies providing solid waste collection services under municipal franchises in the greater southern California area. The request for proposals process shall consider numerous factors affecting the value of services including, but not necessarily limited to: the experience and/or reputation of the provider, the quality or level of service provided, the recycling services offered, and the cost of the service. There is no obligation placed on the City to select the lowest priced provider of services identified through such process if such provider does not represent the best value.

(c) The City may regulate, by ordinance or resolution and through the franchise agreement, all aspects of waste collection and recycling service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services.

(d) When a franchise agreement for the collection of solid waste is in effect, no person, other than employees of the franchisee, may collect, haul or transport waste or recyclable materials within the City, except as set forth in Section 6-2.109 below.

(e) Any grantee of a franchise agreement shall pay to the City a Franchise Fee and a Contract Administration Fee, the amounts of each shall be set forth in the Franchise Agreement approved by the City Council. The City Council shall have the right to adjust the amount or calculation of the fees from time-to-time at any point during the term of the Franchise Agreement, subject to the procedures for adjustment described in the Franchise Agreement.

(f) No person shall interfere with the collection or disposal of solid waste, by a person authorized by license, franchise, or contract to collect and dispose of same.

(g) No person other than the franchisee, or an agent or employee thereof, shall tamper or meddle with, or remove items from, a container or receptacle placed for collection by the City or the franchisee.

(h) It shall be unlawful for any person to solicit, accept, engage, or otherwise utilize solid waste handling service for paid consideration by a person not authorized to provide such service.

(i) No person other than the franchisee shall offer to handle solid waste or handle solid waste on behalf of another in exchange for compensation in any form or amount.

( Ord. No. 12-713, § 2, 11-6-2012 )

The exclusive right of any franchisee to collect waste and recyclable materials is subject to the following exclusions:

(a) Self Haul. Solid waste or recyclable material may be removed and personally transported from a premises by the owner or occupant for the purpose of lawfully delivering same to a solid waste facility authorized and permitted to receive and handle solid waste or recyclable materials. Owners or occupants may delegate the responsibility of delivering such materials to a solid waste facility to a third party if it is done on a voluntary basis and no compensation is tendered in exchange for the service or rental of containers.

(b) Gardeners and Landscapers. A gardener or landscaper may collect, transport, and dispose of yard wastes generated as an incidental part of providing gardening, landscape maintenance service, provided the gardener or landscaper shall not be a hauling service or solid waste enterprise, and shall not separately or additionally charge for the incidental service of removing, transporting, or disposing of the yard waste, and shall use only employees and equipment to collect, transport, and dispose of same.

(c) Contractors and Remodelers. A construction contractor, holding a contractor's license issued by the State of California, may collect, transport, and dispose of inert materials or demolition waste from remodeling or construction jobs generated as an incidental part of providing such remodeling or construction services, if the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting, or disposing of the inert materials or demolition waste, and use only employees and equipment to collect, transport, and dispose of same.

(d) Other. Additional limitations and exclusions as may be set forth in the Franchise Agreement.

( Ord. No. 12-713, § 2, 11-6-2012 )

(a) Every person who owns, and every person who occupies, developed and occupied real property shall receive and pay for solid waste and recyclable materials collection with the franchisee, at rates not to exceed those approved by the City Council. However, only those properties subject to AB 1826, as it may be amended from time to time, must receive and pay for organic waste collection.

(b) Every person requiring collection service shall apply for such service and the City shall be held harmless for loss occasioned by entry upon the property for collection service.

(c) Owners of multi-family and commercial premises shall comply with mandatory recycling requirements of the Recycling Act. The City Manager or designee may permit exemptions from the requirements on the basis: (i) the subject property does not generate recyclable materials; (ii) the subject property does not have adequate space to accommodate a container for recyclable materials; or (iii) the property owner can demonstrate that they recycle their waste material through other methods acceptable under State law.

(d) Failure to comply with this section may be subject to administrative citations of $25.00 for each day, of non-compliance.

( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.D, 11-28-2017 )

The franchisee shall collect solid waste and recyclable materials located at or resulting from the lawful use of occupied property. Collection days shall be Monday through Friday of each week and collection hours shall be from 6:00 a.m. until 6:00 p.m., unless otherwise determined by the Council, whereupon notice in writing specifying the days of collection shall be given by the City to all persons within the City of whom the service is rendered. Solid waste containers shall not be placed for service or be serviced by the franchisee less frequently than once each seven (7) days.

The City Manager or designee may authorize the collection of waste at times or from places otherwise prohibited by this chapter if such collection is necessary for the protection of the property or health of the general public.

( Ord. No. 12-713, § 2, 11-6-2012 )

(a) The maximum rates for the collection of solid waste and recyclable materials within the City charged by the franchisee shall be approved by the Council in the Franchise Agreement.

(b) The rates established by the Council shall apply to the collection, at the regular intervals set forth in this Chapter, normally resulting from the lawful use of residential and business premises.

(c) The owner of each property receiving waste and recyclable materials collection service shall be ultimately liable for payment of rates charged by the franchisee.

(d) The franchisee shall not charge any rate, service fee, penalty, or request any other payment from a customer in the City that has not been authorized in the Franchise Agreement.

( Ord. No. 12-713, § 2, 11-6-2012 )

The City Manager or designee shall resolve complaints between the person receiving service and the franchisee, and the aggrieved party may appeal in accordance with Title 1, Chapter 4.

( Ord. No. 12-713, § 2, 11-6-2012 )

It shall be a misdemeanor for any person to remove any solid waste or recyclable materials from a container placed for collection by the franchisee, other than the franchisee or account holder responsible for the subject container.

( Ord. No. 12-713, § 2, 11-6-2012 )

The Code Enforcement Officer shall enforce this Chapter.

( Ord. No. 12-713, § 2, 11-6-2012 )