Calimesa Municipal Code Art. I Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this article. Words and phrases not ascribed a meaning by this article shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105 through 40200.

(Code 1990 § 5.1.101; Ord. 96-6 § 2)

“Act”

shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time.

(Code 1990 § 5.1.102; Ord. 96-6 § 2)

“Bulky waste”

shall mean and include, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container.

(Code 1990 § 5.1.103; Ord. 96-6 § 2)

“Authorized recycling contractor,”

as used in this chapter, means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

(Code 1990 § 5.1.104; Ord. 96-6 § 2)

“City”

means the city of Calimesa.

(Code 1990 § 5.1.105; Ord. 96-6 § 2)

“City manager”

means the city manager of the city or the city manager’s duly authorized representative.

(Code 1990 § 5.1.106; Ord. 96-6 § 2)

“Collection”

means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector.

(Code 1990 § 5.1.107; Ord. 96-6 § 2)

“Collector”

means, depending upon the context in which it is used, either the city, another local agency or a contractor.

(Code 1990 § 5.1.108; Ord. 96-6 § 2)

“Commercial bins”

means bins provided by a collector, usually three cubic yards or greater capacity, designed for the deposit of refuse, charged at commercial rates.

(Code 1990 § 5.1.109; Ord. 96-6 § 2)

“Commercial premises”

means all premises in the city, other than residential premises, where refuse is generated or accumulated; however, mobile home parks may be included.

(Code 1990 § 5.1.110; Ord. 96-6 § 2)

“Container”

means any bin, vessel, can, or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.

(Code 1990 § 5.1.111; Ord. 96-6 § 2)

“Contractor”

means a person, persons, local agency, firm, or corporation franchised, authorized or permitted by the city to provide refuse, recycling, or compostable collection services within the city.

(Code 1990 § 5.1.112; Ord. 96-6 § 2)

“Curb collection”

means the collection of refuse placed at a location not more than five feet from the street, curb or alley abutting the occupied residence.

(Code 1990 § 5.1.113; Ord. 96-6 § 2)

“Designated recycling collection location,”

as used in this chapter, means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise.

(Code 1990 § 5.1.114; Ord. 96-6 § 2)

“Detachable bin”

means a metal container designed for mechanical emptying and provided by the city or contractor for the accumulation and storage of refuse.

(Code 1990 § 5.1.115; Ord. 96-6 § 2)

“Disposal”

means the complete operation of treating and disposing of the accumulation of garbage, rubbish, waste material and the product or residue arising from such treatment.

(Code 1990 § 5.1.116; Ord. 96-6 § 2)

“Dwelling, multiple”

means a residential building designed for occupancy by more than one family, consisting of more than one living unit, even where there is no more than one water meter on such premises, but excluding hotels, motels, and lodges.

(Code 1990 § 5.1.117; Ord. 96-6 § 2)

“Dwelling, single-family”

means a detached building designed for occupancy by one family and consisting of a single living unit, including condominium units.

(Code 1990 § 5.1.118; Ord. 96-6 § 2)

“Franchise”

shall mean the right and privilege to: (A) collect, (B) transport to landfills or other licensed disposal facilities as determined by city, and/or (C) recycle from collected solid waste and recyclables all solid waste kept, generated and/or accumulated within the city from the franchise area. Any franchise is subject to all of the provisions of this chapter and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.

(Code 1990 § 5.1.119; Ord. 96-6 § 2)

“Franchise fee”

means the fee or assessment imposed by the city on the contractor solely because of its status as a contractor. The term “franchise fee” does not include:

A.

Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and contractors or their services but not including a tax, fee, or assessment which is unduly discriminatory against the contractor or its customers); or

B.

Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise, including payments of bonds, consultants, administrative expenses, fees described in CMC § 8.30.460, attorneys’ fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages.

(Code 1990 § 5.1.120; Ord. 96-6 § 2)

“Garbage”

means the putrescible animal, fish, fowl, food, fruit, bakery goods, or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing, or consumption of such substance, except suet, tallow, bones, or meat trimmings that are not rejected by the owner or producer as worthless or useless.

(Code 1990 § 5.1.121; Ord. 96-6 § 2)

“Garbage hauler”

means any person, firm or corporation that transports garbage from a central collection point to a commercial garbage feeding hog ranch.

(Code 1990 § 5.1.122; Ord. 96-6 § 2)

“Gross revenues”

shall mean any and all revenue or compensation in any form derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents and any person or entity in which the contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, and fees for redelivery of bins and drop boxes, without subtracting franchise fees or any other cost of doing business; provided, however, that the amount of gross revenues may be reduced by the amount of any bad debts incurred by the contractor or refunds returned to customers; provided, that the revenue with respect thereto has been included in the computation of gross revenues.

(Code 1990 § 5.1.123; Ord. 96-6 § 2)

“Hazardous refuse”

means any compound, mixture, substance, or article which, if improperly used, handled, transplanted, processed, or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive, or otherwise harmful to the environment, including wastes or refuse defined as hazardous under state or federal law.

(Code 1990 § 5.1.124; Ord. 96-6 § 2)

“Health officer”

means the city manager or his designated representative.

(Code 1990 § 5.1.125; Ord. 96-6 § 2)

“Industrial waste”

means solid waste resulting from industrial processes and manufacturing operations, including but not limited to wholesale and volume food processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings, and chemical wastes.

(Code 1990 § 5.1.126; Ord. 96-6 § 2)

“Noncombustible rubbish”

means ashes, bottles, broken crockery, glasses, tin cans and other metallic substances and like or similar articles or substances that will not incinerate.

(Code 1990 § 5.1.127; Ord. 96-6 § 2)

“Place” or “premises”

means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every other place or premises where any person resides, or any business is carried on or conducted within the city or any other site upon which garbage, wastes, or refuse is produced or accumulates.

(Code 1990 § 5.1.128; Ord. 96-6 § 2)

“Property owner”

means the person, persons, partnership or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the county of River-side, or alternatively, from such other records of the county assessor or tax collector as contain more recent information.

(Code 1990 § 5.1.129; Ord. 96-6 § 2)

“Recyclable waste material,”

as used in this chapter, means discarded materials such as, but not limited to, newspapers, cardboard and other paper products, glass, plastic, aluminum and metal cans, and compostables which are separated from other garbage or refuse for the purpose of recycling.

(Code 1990 § 5.1.130; Ord. 96-6 § 2)

“Recycling,”

as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

(Code 1990 § 5.1.131; Ord. 96-6 § 2)

“Refuse”

includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible, and includes garbage and rubbish as defined in CMC §§ 8.30.210 and 8.30.350.

(Code 1990 § 5.1.132; Ord. 96-6 § 2)

“Refuse collector”

means any person, firm or corporation engaged in the business of collecting refuse from residential and commercial establishments.

(Code 1990 § 5.1.133; Ord. 96-6 § 2)

“Residential”

includes single-family residences, including apartments and condominiums, but does not include hotels or motels.

(Code 1990 § 5.1.134; Ord. 96-6 § 2)

“Rubbish”

means nonputrescible unwanted or discarded material or debris, either combustible or noncombustible, including but not limited to paper, cardboard, grass, tree or shrub trimmings, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction or demolition material, recyclables, compostables, bulky wastes, and other municipal solid waste.

(Code 1990 § 5.1.135; Ord. 96-6 § 2)

“Single-family residential”

includes single-family residences and any other residences that do not require bin services.

(Code 1990 § 5.1.136; Ord. 96-6 § 2)

“Solid waste” or “waste matter”

means “rubbish” as defined in CMC § 8.30.350.

(Code 1990 § 5.1.137; Ord. 96-6 § 2)

“Standard residential refuse container”

means a container of a size, design, and weight prescribed by the city council by resolution for single-family residential solid waste collection, designed and manufactured for the accumulation and storage of residential refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.

(Code 1990 § 5.1.138; Ord. 96-6 § 2)

“Yard waste”

means all leaves, cuttings and trimmings from trees, shrubs and grass. Yard waste does not include heavy or bulky articles such as trees, tree limbs or logs.

(Code 1990 § 5.1.139; Ord. 96-6 § 2)