Carpinteria Municipal Code Art. I In General

For the purposes of this section the following words or phrases are defined as follows:

"Act" means the California Integrated Waste Management Act of 1989, California Public Resources Code Section 40000, et seq., as currently in force and as may hereafter be amended from time to time and as implemented by the regulations of CalRecycle.

"Adequate service" means the combination of the number of collections, the number of containers, and the size of the containers necessary so as not to cause the accumulation of solid waste outside containers or in excess of level full.

"Bulky items" means large solid waste or other discarded waste that cannot or would not typically be accommodated within a cart including, but not limited to, furniture (including chairs, sofas, mattresses, and rugs); white goods, as they are traditionally recognized in the solid waste industry (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, and small household appliances); green waste; e-waste (including stereos, televisions, laptop computers, computers and computer monitors, video cassette recorders, and microwaves); and clothing. Bulky items do not include abandoned automobiles, construction and demolition waste, hazardous waste or items requiring more than two persons to remove.

"CalRecycle" means the California Department of Resources, Recycling and Recovery, or any successor agency.

"CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., as may hereafter be amended from time to time and regulations promulgated thereunder.

"City" means the city of Carpinteria, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the city, as may be adjusted.

"City solid waste and recycling receptacle" means any trash or recyclables can, cart, container, bin, or roll-off located at a city owned facility for the purpose of serving that facility, or any trash or recycling can, cart, or container placed within the public rights-of-way for the purpose of providing incidental trash disposal or recycling options for residents or tourists.

"Collection" means to take physical possession, transport, and remove solid waste, at or near the place of solid waste generation or accumulation, by a solid waste service provider that has made arrangements with an operator for the collection of solid waste.

"Commercial solid waste container" shall mean a solid waste container provided by a solid waste service provider, typically a can or cart with a capacity of thirty-two to ninety-six gallons, or a bin with a capacity of one and one-half to four cubic yards, designed for the deposit of solid waste, or recyclable materials placed at commercial premises for the collection of commercial solid waste and charged at commercial rates. "commercial solid waste container" does not include construction and demolition bins, roll-offs or low-boys placed at residential premises.

"Commercial" or "commercial premises" shall mean any property in the city other than residential premises, where solid waste is generated or accumulated. The term includes, but is not limited to, stores, offices, federal, state, county and local governmental buildings and lots, including, but not limited to schools, school districts, special districts and water districts, restaurants, rooming houses, hotels, motels, offices, manufacturing, processing, or assembling shops or plants, hospitals, clinics, nursing homes, convalescent centers, campgrounds, group living places, dormitories, barracks, and card rooms. "Commercial" or "commercial premises" is a reference to location, and not to ownership or to an interest in property.

"Commercial solid waste" shall mean all types of solid waste, including green waste and recyclables, generated or accumulated at commercial premises and placed in commercial solid waste containers for accumulation and collection. "Commercial solid waste" does not include residential solid waste or residential recyclables.

"Construction and demolition waste," which may also be referred to as "construction demolition debris" or "construction and demolition material," means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, soil, drywall, cement, and rubble resulting from construction, remodeling, repair, and demolition operations.

"Container" means any receptacle, including but not limited to, metal or plastic cans, carts, bins, tubs, and roll-off boxes, used for temporary storage of residential or commercial solid waste, recyclables, green waste and other materials to be collected.

"Covered project" shall have the meaning set forth in Section 8.08.590(A).

"Director" means the director of the city's public works department, or his or her designee.

"Electronic waste" or "E-waste" means "covered electronic wastes" as defined in the Act, California Public Resources Code Section 42463, in addition to waste that is powered by batteries or electricity, including electronic equipment such as, but not limited to, television sets, computer monitors, central processing units (CPUs), laptop computers, and other peripherals.

"Franchise" or "solid waste franchise" shall mean the right and privilege pursuant to a duly executed franchise agreement to collect and transport to a permitted transfer station, landfill or other authorized recycling, mulching or composting facility as determined by the city, all solid waste kept, generated and/or accumulated within the city, or a designated portion thereof, and may include the separate collection of recyclables, mulching and/or compostables.

Any solid waste franchise granted by the city shall be in writing, granted by the city council, by resolution, specifically identifying the solid waste service provider, and shall be subject to all of the rights, if any, held by any other solid waste service provider pursuant to Public Resources Code Section 49520, et seq. A business license and permit issued pursuant to this municipal code, or any "business license law" of the city, is not a solid waste franchise and confers no continuation rights under Public Resources Code Section 49520, et seq., or any other law.

"Generator" means any person or other entity that produces solid waste, recyclables or green waste, or whose act first causes solid waste to become subject to regulation.

"Green waste" means untreated and unpainted wood, leaves, grass clippings, weeds, pruning, brush, branches, dead plants, tree trimmings, dead trees, and other organic wastes generated from landscapes and/or gardens. Green waste does not include materials not normally produced from gardens or landscape areas such as brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic waste, oil, or painted or treated wood.

"Gross revenues" means any and all revenue or compensation in any form derived directly or indirectly by a solid waste service provider which holds a solid waste franchise, its affiliates, subsidiaries, parents, and any person or entity in which a solid waste service provider has a financial interest, from the collection, transportation, processing, disposal, and other services with respect to solid waste, including recyclables and green waste, collected within the city, in accordance with generally accepted accounting principles, pursuant to a solid waste franchise, permit, or license. "Gross revenues" include, but are not limited to, monthly customer fees for collection of solid waste, including recyclables, special pickup fees, commercial bin and drop box rental and collection fees, fees for redelivery of commercial solid waste containers and drop boxes and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business.

"Hazardous waste" shall mean a material or mixture of materials which by reason of its quality, concentration, composition or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality, or an increase in serious illness, or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise mismanaged, or any waste which is regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or Asbestos under applicable law, including but not limited to:

1. "Hazardous waste" regulated under Public Resources Code Section 40141, a discharge from a facility licensed under Health and Safety Code Section 114960, et seq., all substances defined as "acutely hazardous waste," "extremely hazardous waste," or "hazardous waste" by Health and Safety Code Sections 25110.02, 25115, and 25117, respectively, and future amendments to or recodification of said statutes or regulations promulgated thereunder, including Title 23 of the California Code of Regulations Section 2521;

2. Materials regulated under the RCRA;

3. Materials regulated under the Toxic Substance Control Act;

4. Materials regulated under CERCLA;

5. Materials regulated under any future amended, additional or substitute federal, state, or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste; and

6. Household hazardous waste.

Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

"Level full" means that amount of solid waste deposited in a commercial solid waste container so that it shall not exceed the lowest top edge thereof and still allow the lid thereof to be completely closed.

"Materials recovery facility" or "MRF" means a permitted facility where solid waste, recyclables, green waste, and other materials are processed, sorted or separated for the purposes of recovering reusable or recyclable materials. The MRF is the designated transfer and processing facility.

"Multi-family dwelling" shall mean all buildings, whether detached or attached, of five or more units, including, apartments, condominiums, townhomes, and mobile homes or motor home parks intended for or capable of being utilized for residential living other than a hotel or motel.

"Operator" means any person responsible for the day-to-day operation of any premises in the city.

"Person" means any individual, firm, agency, company, limited liability company, cooperative, association, organization, partnership, limited partnership, public or private corporation, consortium, trust, joint venture, commercial entity, regulatory authority, governmental entity, including the United States, the state, counties, towns, cities, special purpose districts, or any other legal entity.

"Premises" means commercial premises and residential premises collectively.

"RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as may be amended and related federal, state and local laws and regulations.

"Recyclable(s)" means materials that are part of the solid waste stream which can be recycled consistent with the requirements of the Act. Recyclables include but are not limited to: newsprint (including inserts, coupons, and store advertisements); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, milk and juice cartons, office ledger paper, legal pad backing, shoeboxes and telephone books); glass containers (including brown, clear, blue, and green glass bottles and jars); aluminum (including beverage containers and foil products); small scrap and cast aluminum (not exceeding forty pounds in weight nor two feet in any dimension for any single item); steel (including "tin" cans and aerosol cans when empty, non-toxic products, and small scrap not exceeding forty pounds in weight nor two feet in any dimension for any single item; bimetal containers; all plastics (Types #1—7), except expanded Polystyrene (EPS); aseptic packaging; textiles; and household batteries.

"Residential" or "residential premises" means of, from, or pertaining to single family residences and multi-family dwellings, including apartments and condominiums (in which each unit has separate cooking and bathing facilities) of four or less units. The terms "residential" or "residential premises" does not include hotels, motels, rooming houses, hospitals, nursing homes, convalescent centers, dormitories, barracks, or other group living places using commercial solid waste containers for the temporary accumulation and collection of solid waste. "Residential" or "residential premises" is a reference to location, and not to ownership or to an interest in property.

"Residential solid waste container" means a container provided by a service recipient or a solid waste service provider with a residential solid waste franchise granted by the city, used for the accumulation and collection of residential solid waste. The term "residential solid waste container" does not include commercial solid waste containers placed at multi-family units, or those commercial solid waste containers used by commercial solid waste service recipients.

"Roll-off box" means a container with a capacity from ten to forty cubic yards, which is typically pulled onto a roll-off vehicle used to transport solid waste. A roll-off box may be open topped or enclosed with or without a compaction unit (compactor).

"Salvage" means the controlled removal of construction and demolition waste from a permitted building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

"Scavenging" means the unauthorized removal of recyclables, as prohibited by Public Resources Code Section 41950.

"Self-haul" means to collect, haul, and/or transport solid waste generated by the self-hauler, or operator. Persons who perform gardening and landscaping maintenance services at a location where the gardening and landscaping services are rendered, provided that they use only labor employed and equipment owned by the service provider, are considered self-haulers.

"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, and vegetable or animal solid and semisolid wastes, but does not include abandoned vehicles, hazardous waste, or construction and demolition waste. "Solid waste" may include recyclables, green waste, and bulky items if such materials are not source separated from the solid waste at the site of generation, or are not collected for recycling, composting or processing, or if such materials are collected, handled, stored, removed, transported, processed, converted, composted, digested, or recycled in exchange for a fee or other consideration, in any form or amount, that is directly or indirectly imposed on the generator.

"Solid waste service provider" means any person or entity engaged in the collection of solid waste or the placement of containers for the accumulation of solid waste in the city, who is authorized by the city to provide solid waste collection services through an approved franchise agreement, permit, or other approval mechanism.

"Waste management plan" (WMP) means a completed waste management plan form, approved by the city for the purpose of compliance with this chapter, submitted by an applicant for any covered or exempt project that produces construction and demolition waste.

(Ord. No. 665, § 2, 12-9-2013)

A. Authority. The city council hereby authorizes the providing of solid waste collection services and provides this service through one or more exclusive solid waste franchises, permits or licenses granted to one or more solid waste service providers. The solid waste service provider(s) will arrange for the collection, transfer, recycling, composting and disposal of solid wastes within and throughout the city.

B. Manner, Time and Frequency. The city shall establish the method and manner by which solid waste handling services are required and provided within the city, including, but not limited to, the hours, days and frequency of collection, means of collection and transportation, level of services, maximum allowable charges and fees, and nature, location, and extent of providing solid waste handling services. A solid waste service provider which collects solid wastes shall make arrangements with their customers specifying the manner in which integrated waste management services are to be provided subject to the city's approval.

(Ord. No. 665, § 2, 12-9-2013)

In order to carry out its duties to plan for the management of vehicular traffic, waste stream diversion, and mitigate adverse air quality effects, the city council may determine waste management collection categories including, but not limited to, residential, multi-family residential, commercial, industrial, special, special event, and household hazardous waste, including recyclables, green waste, and others, and may make or impose solid waste franchise, license, contract, or permit requirements which vary according to category.

(Ord. No. 665, § 2, 12-9-2013)

A. Collection Required.

1. The operator of any premises in the city shall make arrangements with a solid waste service provider for the collection of refuse, recyclables and/or green waste as set forth in this chapter. No operator shall enter into an agreement for solid waste collection services with any person, firm, or corporation other than a solid waste service provider authorized by the city to perform such services, unless otherwise provided in this chapter.

B. Exemptions and Exclusions.

1. Residential Self-Haul Exemption. Persons may self-haul regularly generated, household putrescible trash to a permitted solid waste facility, provided that when self-hauling solid waste, including green waste, any self-hauler shall (1) report on self-hauling annually to the city, and (2) comply with the minimum standards of health, sanitation, and disposal, as set forth in this chapter.

a. Issuance and Reporting. Self-haul reporting requirements, for a term determined by the director, may be required of persons who do not subscribe to franchise collection services, provided that solid waste, including green waste, is transported to a permitted transfer station, processing, or disposal facility. Each approved self-hauler shall submit disposal reports to the city, as determined by the director, reporting the type, quantity, volume, weight, and destination of solid waste, including green waste and recyclables, collected in the city and transported from the city, and shall present to the director gate tickets or receipts to substantiate its disposal reports. The city retains the right to charge an administrative fee for the cost of administering and monitoring self-haulers.

2. Business Operator Exemption. Operators of a place of business within the city who subscribe for weekly commercial bin service exclusively for their business may be exempted from the provisions of this section provided that they execute and file with the city a request for exemption. The request for exemption shall state that: the commercial service will be used only for solid waste generated by their business; residential solid waste generated by the subscriber at their primary residence may be disposed of in the commercial solid waste container; at all times the commercial subscription shall be kept current; and all of the other provisions of this chapter shall be observed. Additionally, proof of commercial subscription shall be provided at the time the request for exemption is submitted and shall be updated when required by the city. Failure to comply with the above requirements shall invalidate the exemption.

3. Residential Temporary Non-occupancy Exemption. When a single-family residence will be unoccupied for at least sixty consecutive days in a calendar year, upon application by the operator of such residential premises the director may, in his or her sole discretion, exempt the operator from the collection requirements of this chapter for the period of time during which such residential premises are unoccupied. The director may prescribe the method by which the responsible party may apply for an exemption under this subsection.

4. Non-Regular Residential Household and Commercial Solid Waste Exclusions. An operator may self-haul non-putrescible solid waste generated in or on the residential or commercial premises which they operate on an occasional non-regular basis to a permanent site where disposal or processing thereof is conducted pursuant to applicable laws, provided that such operator complies with the standards of health, sanitation, and disposal as set forth in this chapter, and no person (other than a solid waste service provider as defined in this chapter) providing a hauling service for a fee, charge, or other consideration who disposes of such material at a transfer station or landfill, shall be involved.

5. Residential Household Recyclables Exclusion. No provision of this chapter shall prevent an operator of a residential household from donating or selling recyclable materials generated in or on the residential premises.

6. Commercial Recyclables Exclusion. No provisions of this chapter shall prevent an operator of a business from selling or donating to a recyclable collector any source separated recyclable materials generated in or on the premises of the commercial entity.

7. Gardener and Landscaper Exclusion. No provision of this chapter shall prevent a gardener, tree trimmer, landscape maintenance firm, or person engaged in a related trade, from collecting grass cuttings, prunings, and other similar material not containing solid waste, as an incidental action to providing gardening, tree trimming, landscape maintenance, or related service, in the ordinary course of the licensed business; provided, that the transport of such material shall be to a location where such material shall be lawfully disposed of or processed.

8. Contractor's Exclusion. Licensed primary contractors may transport construction or demolition waste only when the material is generated by their own business at their place of business, or when employed under contract by the owner of a lot or parcel, from said lot or parcel, for demolition or construction services. However, if the licensed primary contractor subcontracts the transporting of construction or demolition waste, such transportation shall be provided by a solid waste service provider. However, no provision of this chapter shall prevent a business from selling or donating source separated recyclable material generated at the work site.

(Ord. No. 665, § 2, 12-9-2013)

All commercial premises that generate more than four cubic yards of recyclables weekly, and multi-family dwellings with five or more units, must make arrangements for the diversion of recyclables, either through subscribed collection service with an approved solid waste service provider, or by self-hauling to a permitted facility for diversion and reuse.

(Ord. No. 665, § 2, 12-9-2013)

Any person or entity shall obtain a franchise, permit, or license issued by the city prior to engaging in the collection of solid waste or the placement of commercial solid waste containers for the accumulation of solid waste in the city.

Any person, other than a solid waste service provider, who has obtained a franchise or permit issued by the city and engages in the collection of residential or commercial solid waste, or who places a commercial solid waste container for the accumulation of solid waste in the city shall be guilty of a misdemeanor. Each day in which a person engages in the collection of residential or commercial solid waste or places a commercial solid waste container for the accumulation of solid waste, or permits a commercial solid waste container to remain, in the city without holding an approval issued by the city shall constitute a separate offense.

(Ord. No. 665, § 2, 12-9-2013)

No person shall construct or operate a solid waste management facility, including but not limited to a materials recovery facility, solid waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center, without first satisfying all city requirements for land use, environmental, and other necessary approvals.

(Ord. No. 665, § 2, 12-9-2013)

The city may impose fees upon solid waste service providers and self-haulers for costs related to use of the city's right-of-way, solid waste planning and program development, and administration; recyclables and/or green waste planning; inspections and auditing; transfer, disposal, and response planning related to releases and spills of solid wastes which have the characteristics of hazardous substances. Such fees may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements, and integrated waste management plans. The city may collect such charges by such means as the city council may elect, except that the city may not collect such charges by recording a lien against any real property.

A. Liability. Each operator required by this chapter to arrange for solid waste collection shall be liable for the fees and charges for such collection.

(Ord. No. 665, § 2, 12-9-2013)

A solid waste service provider may in its sole discretion establish, charge, and collect customer rates in consideration of and as compensation for services related to collecting, handling, transporting, or disposing of solid waste, subject to the regulations provided in this chapter and other restrictions imposed by the city council as conditions of approval to provide solid waste services. The rates shall not exceed the maximum amounts set by the city council by ordinance, resolution, agreement, or other act. A solid waste service provider shall be under no obligation to charge the maximum amounts set by the city council.

(Ord. No. 665, § 2, 12-9-2013)

A. Use Required. Every person designated under Section 8.08.040 or Section 8.08.120, as applicable, shall keep in a suitable place one or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclables and green waste, which would ordinarily accumulate on the premises between the time of two successive collections. The person so designated shall deposit or cause to be deposited in containers provided or approved by a solid waste service provider all solid waste generated or accumulated on those premises.

B. Approved Containers. No person shall place for collection any container not in conformance with the container designated by the solid waste service provider.

C. Identification. No solid waste service provider shall place a container at any location within the city unless it is clearly marked with the name, address and telephone number of the owner, and the person responsible for collection. The identification shall be waterproof and legible.

D. Maintenance. All commercial solid waste containers shall be maintained in a clean and sanitary condition, neatly and uniformly painted and cleaned as frequently as necessary to protect public health.

E. Placement and Removal. No person shall place a container or any bulky items adjacent to a street or public right-of-way for collection service before 7:00 p.m. on the day preceding the regularly scheduled collection day. A container shall be removed from any location adjacent to a street or right-of-way not later than 8:00 a.m. on the day following the regularly-scheduled collection day. Further placement of containers on private property shall comply with all zoning regulations, including any applicable development standards.

F. Bulky Items. Bulky items may not be set out for collection unless the operator of the premises has made prior arrangements with a solid waste service provider approved by the city for pick-up of the bulky items.

G. Storage. It shall be the responsibility of the operator to ensure that commercial solid waste containers are kept in level full condition, and that the commercial premises are receiving adequate service. The cover shall completely and tightly close the container so that it is rendered fly and rodent proof and its contents are not visible. If a commercial solid waste container is observed to exceed level full on more than two occasions within a period of ninety days, the solid waste service provider shall notify the operator and the city in writing. Upon a third such instance of exceeding the level full requirement within a single calendar year, the operator shall be deemed to be underserved and the operator shall be required to increase service to that level that will ensure the commercial solid waste container(s) are kept in a level full state.

(Ord. No. 665, § 2, 12-9-2013)

A. Persons in Charge of Premises. Until solid waste has been picked up by a solid waste service provider, the operator of each premises in the city shall be responsible for the cleanup of any and all solid waste generated, deposited, allowed, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container on, at, or in the premises of which the person is in charge. This cleanup responsibility includes the cleanup of solid waste, including recyclables and green waste, which has come to be located outside an authorized container for the collection of such solid waste, notwithstanding human or animal interference with a container, or wind or other natural forces, whether during storage, collection, removal, or transfer. For purposes of this section, the term "disposed into the environment" shall include, but is not limited to, the abandonment of or discarding of barrels, containers and other closed receptacles of solid or liquid waste of any kind whatsoever.

B. Solid Waste Service Provider. Each solid waste service provider shall clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal, or transfer.

(Ord. No. 665, § 2, 12-9-2013)

A. Ownership of Recyclables Placed for Collection. Upon placement of recyclables at a designated recycling collection location, or placement of recyclables in a container provided by a solid waste service provider for collection of recyclables, the recyclables become the property of the solid waste service provider. The recycling or disposal of any recyclables which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter.

B. Recyclable Material.

1. Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization, or other entity, or to donate recyclable material to a charity or any other entity other than a solid waste service provider.

2. Recyclable material which is mixed with solid waste shall be considered to have been discarded and to have become recyclables.

3. If the seller or donor of recyclables pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclables, or for providing consultation services which exceed the selling price of the recyclables, the transaction shall not be regarded as a sale or donation of recyclables, but as an arrangement for the disposal of solid waste and shall be subject to this chapter.

4. A person who receives a discount or reduction in the collection, disposal and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclables and does not fall within this "donate or sell" exception.

(Ord. No. 665, § 2, 12-9-2013)

Each solid waste service provider furnishing solid waste collection services within the city shall comply with all requirements set forth in this chapter. These requirements include, but are not limited to, payment of all annual business licenses and/or taxes, if any, and any other requirements that the city council may impose by ordinance or resolution.

Each solid waste service provider claiming a right to continue to provide solid waste services in the city pursuant to Public Resources Code Section 49520, et seq., or other law shall pay the business tax, shall adhere to the same standards for service (including waste stream diversion goals), shall abide by the maximum authorized rates for service, and shall pay the same franchise fee as those standards, rates and franchise fees are specified in an exclusive solid waste franchise agreement entered into by the city with another solid waste service provider. In accordance with Public Resources Code Section 49521(b) "rates that are comparable to those established by the local agency shall vary no more than five percent above those rates set in any exclusive solid waste franchise entered into by the city and made applicable to all continuation solid waste service providers by this chapter."

(Ord. No. 665, § 2, 12-9-2013)

A. Use of Containers. No person other than a self-hauler that is permitted pursuant to Section 8.08.040, shall keep solid waste in any container other than a container approved by a solid waste service provider; nor shall any person accumulate solid waste for more than seven consecutive days; nor shall any person keep upon any premises in the city any solid waste that is offensive, obnoxious or unsanitary. Failure to comply with the provisions of this paragraph is unlawful, constitutes a public nuisance, and may be abated in the manner now or hereafter provided by law for the abatement of nuisances.

B. Removal of Solid Waste. No person, other than the operator of any premises or a solid waste service provider authorized by the operator of the premises, shall remove any container from the location where the container was placed for storage or collection by the operator of the premises, or remove any solid waste from any container, or move the container from the location in which it was placed for storage or collection, or apply any paint or markings to any container.

C. Bulky Items. No person shall place bulky items adjacent to a street or public right-of-way without first arranging with a solid waste service provider licensed or permitted by the city for the pickup of the bulky items.

D. City Solid Waste and Recycling Receptacles. No person shall place or deposit residential, institutional, commercial, industrial, special, or hazardous waste in any city solid waste and recycling receptacle placed in the public right-of-way to provide incidental disposal and recycling capacity for residents and visitors. No person other than an authorized solid waste service provider shall remove any solid waste or recyclables from any city solid waste and recycling receptacle.

E. Solid Waste Burning Prohibited. No person shall burn any solid waste within the city, unless otherwise authorized or permitted by the city.

F. Collection of Solid Waste without Solid Waste Franchise or Permit Prohibited.

1. No person shall collect any solid waste from any premises within the city except as provided for in this chapter.

2. No person other than a solid waste service provider which has a solid waste franchise or permit issued by the city shall place a commercial solid waste container for the accumulation of solid waste at any premises within the city or collect any solid waste from any commercial premises or permit or suffer a commercial solid waste container to remain in any place within the city. Each day that any person, other than a solid waste service provider that has a solid waste franchise or permit issued by the city, collects any solid waste from any commercial premises or places a commercial solid waste container for the accumulation of solid waste at any premises within the city, or permits or suffers a commercial solid waste container to remain in any place within the city constitutes a separate offense for which such person may be cited.

3. If the city has granted one or more solid waste franchises, then no person other than a city approved solid waste service provider that has an exclusive solid waste franchise or that has "continuation rights" pursuant to the public resources code or other applicable law shall place a residential or commercial solid waste container for the accumulation of solid waste at any residential or commercial premises within the city or collect any solid waste from any residential or commercial premises or permit or allow one of its residential or commercial solid waste containers to remain in any place within the city. Each day that any person other than a city approved solid waste service provider that has an exclusive solid waste franchise collects any solid waste, recyclables, or green waste from any residential or commercial premises or places a residential or commercial solid waste container for the accumulation of solid waste or recyclables at any premises within the city or permits a residential or commercial solid waste container to remain in any place within the city constitutes a separate offense for which a person may be cited.

G. Public Nuisance. It is unlawful and a public nuisance for any operator of any premises within the city to not make arrangements for regular collection and removal or self-hauling services for solid wastes, including recyclables or green waste, and any violation of this provision is unlawful and may be enjoined as a nuisance.

H. Unauthorized Disposal Prohibited. No person shall place solid waste in or otherwise use the solid waste or recyclables or green waste container of another without the written permission of such other person.

I. Unauthorized Removal of Recyclables Prohibited by State Law. The unauthorized removal of recyclables placed at designated recycling collection locations is prohibited by California Public Resources Code Sections 41950—41951 and this chapter.

J. Solid Waste Spills and Releases Prohibited. Any person transporting solid waste, including recyclables or green waste, within the city shall immediately clean up, or arrange for the immediate cleanup, of any solid waste released, spilled or dumped into the environment during removal or transport within the city by such person.

K. Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by abandonment or discarding of barrels, containers, and other closed receptacles of solid waste or liquid waste of any kind whatsoever) any solid waste or liquid waste upon any premises within the city, or cause, suffer, or permit any solid waste or liquid waste to come to be located upon any premises in the city, except in an authorized or permitted container or at an authorized or permitted solid waste facility.

L. Misdemeanor. Violation of any provision of this chapter shall be a misdemeanor.

M. Civil action by Solid Waste Service Provider. Nothing in this chapter shall be deemed to limit the right of any solid waste service provider to bring a civil action against any person who violates California Public Resources Code Sections 41950—41951, nor shall a conviction for such violation exempt any person from a civil action.

(Ord. No. 665, § 2, 12-9-2013)