Ceres Municipal Code Ch. 01 Garbage

Applicable law means all federal, State, County, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the collection, transportation, processing, and disposal of discarded materials. "Applicable law" includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383 and corresponding regulations.

Arranger or transporter means the company or agency that collects and transports the municipal solid waste from the cart or bin to the disposal site.

Authorized recycling agent means a person or entity that a local governing body, commercial or private entity designates, authorizes, or contracts with to collect its recyclable materials. An authorized recycling agent may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association.

Bin means a metal or plastic container with hinged lid(s) and wheels serviced by a front-end loading collection vehicle with a container capacity of one to eight cubic yards, including bins with compactors attached to increase the capacity of the bin. Bins are also known as dumpsters.

Bulky items means large and small household appliances, furniture, carpets, mattresses, white goods, clothing, and other similar solid waste discarded from residential units. Bulky items do not include tree trunks and branches larger than six inches in diameter and longer than four feet in length.

Cart means a plastic container with a hinged lid and wheels serviced by automated or semi-automated collection vehicles.

Commercial means commercial enterprises, including but not limited to multifamily residentials with five or more units, stores, business offices, restaurants, commercial warehouses, hospitals, educational institutions, health care providers, hotels, inns, motels, and governmental offices.

Designated collection location means a place where an authorized recycling agent has contracted with either the local governing body, commercial, or a private entity to pick up the segregated, recyclable material. This location will customarily be the curbside in single-family residential developments and would be trash enclosures for commercial and industrial developments.

Food scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food Waste means source separated food scraps, food-soiled paper, and compostable plastics.

Garbage means all putrescible waste and household and animal waste or residue produced or accumulated from the preparation, processing, handling of foodstuff, other than industrial refuse.

Green waste or yard waste means all plant materials, including without limitation, leaves, grass clippings, brush, branches and other forms of organic materials generated from landscapes or gardens, but does not include tree or bush stumps or branches exceeding four inches in diameter or four feet in length or palm fronds.

Hazardous waste means those wastes resulting from products purchased by the general public for use which, because of the quantity, concentration, or physical, chemical or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed or otherwise managed. It shall be unlawful for any person to deposit for collection in any receptacle(s) provided pursuant to this chapter any item of "hazardous waste" as defined herein.

Industrial refuse shall mean refuse produced by a person, firm, or corporation principally engaged in the business of growing, processing, or manufacturing agricultural, animal, or other products or materials whose principal outlet for such products is wholesale rather than retail and refuse produced by any person, firm, or corporation engaged in the business of building construction or demolition. Construction and demolition waste is also referred to as C&D debris and/or waste.

Medical waste means any solid waste that is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not be limited to, biomedical, biohazardous and medical waste, or other solid waste resulting from medical activities or services. For the purposes of this section, medical waste shall be viewed and as such, managed as a hazardous waste.

Municipal solid waste means solid waste, recyclable materials and organic waste as defined herein.

Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste, separated from other solid waste and recyclables. Organic waste shall not include refuse or industrial waste.

Premises means a parcel with one or more buildings thereon.

Recyclable materials means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR section 18982(a)(43) and such materials as listed by the Public Works Director as recyclable materials that are to be collected, separated, or processed and used as raw materials, which materials have an economic value in the secondary materials market.

Refuse means both garbage and rubbish.

Rubbish means all non-putrescible waste, including but not limited to, paper, cardboard, rags, plastic, construction debris, sweepings, sawdust, plaster, cement, glass, crockery, metal, cans, and ashes.

Solid waste means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

Waste container(s) means any and all containers defined or identified in this chapter, including, but not limited to: automated collection container, cart, bin, or dumpster enclosure, detachable container, drop box container, recycling container, and/or organics collection container.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

The receptacle requirements for the containment of municipal solid waste shall be as follows:

A. Owners or residents of single-family residential dwellings, duplexes, triplexes, or apartment houses of four units or less shall maintain upon their premises at least one grey/black cart for garbage, one blue cart for recyclables, and one green cart for organics material collection per residential unit of a type and size provided by the arranger/transporter and approved by the Public Works Director. The number and size of the carts and/or bins shall be sufficient to contain all municipal solid waste generated.

B. Owners of apartment houses of more than four units, hotels, restaurants, boarding houses, mobile home parks, hospitals, convalescent hospitals and all other businesses, industrial or commercial uses shall maintain upon their premises at least one grey/black cart for garbage, one blue cart for recyclables, and one green cart for organics material collection but no less than a sufficient number and/or capacity of collection containers necessary to contain all municipal solid waste generated upon the premises for the duration of one week's time unless additional pick-ups have been scheduled with the arranger/transporter. The arranger/transporter, with the approval of the Public Works Director, shall determine the number, type and size of the receptacle(s) required.

C. All business firms and industrial establishments shall use containers for the waste which they deliver in any street or alley to or for the contractor, as provided by the contractor.

D. All businesses shall adhere to any/all applicable laws mandated by the State of California with regard to proper disposal and recycling requirements such as but not limited to; Mandatory Commercial Recycling pursuant to section 42649 of the Public Resources Code, Mandatory Organics Recycling pursuant to AB 1826 Chesbro (chapter 727, Statutes of 2014), and California's Short-Lived Climate Pollutant Reduction Strategy pursuant to SB 1383 Lara (chapter 395, Statutes of 2016).

E. Should the City determine that the owners or occupants of any premises within the City are generating, between regular collection periods, more municipal solid waste than can be contained in the type of receptacle(s) being provided to the premises, the City may require that the owners or occupants arrange for additional or larger receptacles of a type and size determined by the arranger/transporter and the City, and pay for the additional cost of collection for such receptacles in accordance with the rates established by resolution of the City Council.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

A. It is unlawful for any person occupying or maintaining any premises within the City where municipal solid waste is created, produced or accumulated, to fail to or neglect to maintain upon their premises the receptacle(s) required pursuant to this chapter and to deposit and contain within said receptacle(s) all municipal solid waste accumulated by activity upon the premises between the times for the regular collection of municipal solid waste.

B. It shall be the responsibility of each owner or occupant to keep and maintain the receptacle(s) provided to the premises in a reasonably clean and sanitary condition with the lid closed and not overflowing.

C. Collection carts shall be placed in the street immediately adjacent to the curb for collection in accordance with subsection 6.01.050.B. At all other times collection carts shall be kept and maintained at a location upon the premises out of public view. Collection carts are not permitted to be stored in the driveway, in front of the garage, in front of the house, or any other location visible from the front of the premises.

D. All bins provided by the arranger/transporter shall be kept and maintained upon the premises in such areas and structures as required by the applicable zoning ordinances of the City.

E. With the exception of the annual leaf and limb pickup, all municipal solid waste must be placed in the appropriate receptacle(s) as provided herein.

F. At the time of collection, carts may not contain more than 200 pounds of municipal solid waste, so that it may be collected by the automated equipment provided by the arranger/transporter. All municipal solid waste which is delivered for collection contrary to any of the provisions of this chapter shall be deemed to be a "nonconforming collection" and will not be collected unless separate arrangements have been made with the arranger/transporter. Payment for such special collections will be the responsibility of the owner, renter, developer, or proprietor requesting such service.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

A. The City may enter into a contract for the collection, transportation, and disposal of municipal solid waste in the City for a period of time to be determined by the City Council. The contract shall be subject to the terms and conditions of this chapter and such other terms and conditions as may be approved by the City Council. Such contract shall provide that the arranger/transporter shall and will collect, transport and dispose of all municipal solid waste accumulated in the City during the term of the contract and in the manner provided for in this chapter and shall not charge an amount in excess of the rates specified by City Council resolution. The vehicle in which municipal solid waste is transported through the City streets shall be of a design satisfactory to the City Council.

B. Any franchise contract or license, whether partially or wholly exclusive or nonexclusive, may be awarded with or without competitive bidding and shall be done in such a manner as to insure broad and equitable participation by potential contractors or franchisees; and shall consider the credentials, reputation and practices of the franchise contractor or licensee.

C. The collection, removal, and disposal of all waste and industrial refuse may be performed by the City or by a person or persons pursuant to a franchise contract or license with the City, and no other person shall engage in such business unless a franchise contract or license is issued to do so by the City Council.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

A. All municipal solid waste, including recycling and organic material, accumulated at any private dwelling or residence, hotel, mobile home court, restaurant, boarding house, apartment house or other business, shall be removed by the arranger/transporter at least once each week, or more often if determined necessary by the City or for health or safety reasons. The owner, renter, developer, or proprietor shall be responsible for paying the costs of any increase in frequency or service deemed necessary for additional collection. The City shall have the right to add such cost to the utility bill.

B. Collection Carts shall not be placed in the City right of way prior to 6:00 p.m. on the day before collection and shall be removed by 6:00 a.m. following the day of collection. If the collection day is the day before or the day after a weekend and/or holiday, the collection carts may remain in the City right-of-way for that weekend and/or holiday.

C. During the leaf and limb program, leaves and limbs may be placed in the City right-of-way as long as they do not present a traffic hazard and do not obstruct stormwater flow.

D. Within the constraints given herein, it is the resident's responsibility to have the municipal solid waste containers in the right-of-way prior to collection. Neither the City nor the arranger/transporter has any responsibility to return to pick up municipal solid waste which is not appropriately placed, without obstruction to access by the arranger/transporter, at the time of collection.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

The rates, fees, and charges for the collection of municipal solid waste shall be set by resolution of the City Council. No persons shall be entitled to any reduction during the time that any premises are unoccupied for any period less than a full calendar month. If any premises are to remain unoccupied for one or more full calendar months and no municipal solid waste accumulates therein during such vacancy, no charge shall be made during that time, provided the City is notified in writing of such contemplated vacancy on or before the last day of the preceding month.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

Except as provided in section 6.01.080, every owner, tenant, and occupant of any premises within the City shall be required to consent to the collection of municipal solid waste from their premises; and each said person shall pay the monthly charges for said service regardless of the amount of municipal solid waste generated by the use of said premises, except as provided in section 6.01.060.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

It is unlawful for any person to remove, transport or convey or cause or permit to be removed, transported or conveyed, any garbage or refuse upon or along any street, alley or other public place within the City, unless such person is an employee or agent of the City or is a person, firm or corporation having a valid permit or contract with the City for the collection and disposal of garbage or refuse within the City or is the agent or employee of such person, firm, or corporation having such permit or contract. When the reasonable garbage or refuse needs of a particular individual or firm cannot be met by the current City municipal solid waste franchisee, then upon application being made to the Public Works Director of the City and approval by the Public Works Director for the City and the current City municipal solid waste franchisee, such persons or entities shall be permitted to transport garbage or refuse along the public streets within the City subject to such restrictions and conditions as may be imposed by the Public Works Director of the City. If such exception is granted, the applicant will be required to maintain the minimum collection service by the current City municipal solid waste franchisee. The amount of the minimum collection service and the fee to be charged therefor shall be determined by the franchisee and the Public Works Director of the City. This section does not apply to landscape maintenance contractors hauling trimmings from their work site.

(Ord. No. 2020-1055, § 1, 1-27-2020)

A. The furnishing of water and sewer service, and the collection and disposal of municipal solid waste, as provided in this Code, shall constitute municipal services and shall be charged as such. Each consumer of municipal services shall receive a common bill for water, sewer and municipal solid waste, which bill shall designate the amount charged for each such municipal service.

B. Bills for municipal services shall be issued on a basis determined by the City Council. The bills shall be due and payable upon presentation, and if not paid shall become delinquent on the sixth day of the month following the month in which they are billed. A penalty of ten percent of the amount of the bill shall be added and the service shall be subject to termination as provided in this section.

C. If all or a part of the bill for municipal services is not paid, the City may terminate any and all service for which the bill is rendered, provided notice and opportunity to present objections to the bill is first given as provided in this subsection.

D. Prior to the termination of water, sewer or municipal solid waste services for the nonpayment of all or part of any bill for municipal services, a notice shall be mailed to the account holder at his or her last known address. The notice shall state the amount of the delinquent account and advise that services will be terminated within 15 days from the date of the notice unless the account is paid in full by that date. The notice shall further provide that the account holder may request a hearing to present any objections to the bill, provided the hearing is requested in writing and presented within the 15-day period required by the notice. If a request for hearing is presented in the manner and timeframe required by the notice, service shall not be terminated until the hearing has been held and a determination has been made by the Public Works Director. Immediately upon the receipt of a request for hearing, the Public Works Director shall set a date and time for the hearing and shall notify the account holder of the date and time of hearing, either personally or by mail at the last known address. The hearing shall be set not less than five days and not more ten days from the receipt of the written request for hearing. At the hearing the account holder shall be afforded the opportunity to present any objections to the bill or the termination of service. At the conclusion of the hearing, the Public Works Director shall rule on the objections, make any corrections to the bill that are warranted, and determine if service should be terminated. If the Public Works Director determines that the objections are without merit and that the bill is correct, services shall be terminated within 24 hours of the ruling. If it is determined that the bill is incorrect, the account holder shall be advised of the correct amount of the bill, and if the adjusted bill is not paid within 24 hours, service shall be terminated. If services are terminated, they shall not be resumed until all delinquent charges are paid plus a service charge for reconnection of service, which shall be set by resolution of the City Council.

E. The procedure for terminating utility services for nonpayment as provided in this section shall not apply to the termination of water service of residential customers. Instead, the procedure as specified in title 13 shall be followed. However, the procedure as specified in this section shall continue to apply to commercial users of water service.

F. Owner responsibility—Lien: Unpaid fees for municipal solid waste services shall be a charge against the owner of the property if the services are in the name of the owner, and a lien against the property for which the services were rendered. Such charge may be added to and collected with the tax charges or assessments for the current year, and the property may be sold in the same manner as sale of property pursuant to the laws of the State.

G. Alternative connection: In lieu of filing a lien on the property of owner-occupied residences and for all other customers receiving municipal services, the City may hire a collection agency to secure payment of the bill and any applicable charges.

H. Service shall not be terminated unless the amount, including service charges and penalties, exceeds the amount set by City Council resolution.

I. Partial month: When garbage service is terminated at any time between the beginning and the ending of the monthly billing period, the amount charged for that month shall be prorated on a daily basis from the date of commencement or termination of service as is appropriate.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

To facilitate the enforcement of this chapter and to carry out the true intent and purpose hereof, it is lawful for an employee of Stanislaus Department of Environmental Resources, Fire Chief, Police Chief, Code Enforcement Officer, Director of Public Works, or any authorized designee of such person to do the following:

A. Right of entry; search of premises. Upon presentation of proper credentials to enter the portions of any hotel, restaurant, or commercial premises which are open to the public for the purpose of ascertaining the sanitary condition thereof and the removal of unlawful or dangerous accumulations of municipal solid waste therein or thereon.

B. Abatement warrants. To secure search warrants for the search of all other portions of public or commercial premises as well as of private residences for the purpose of ascertaining the sanitary conditions thereof or removing unlawful or dangerous accumulations of municipal solid waste therein or thereon, or of determining whether there has been any violation of this chapter.

The Fire Chief, Police Chief, Code Enforcement Officer, or peace officers and the employees of Stanislaus County Department of Environmental Resources and Public Works Director are authorized and directed to enforce the provisions of this chapter, and any person denying or obstructing such entry or inspection shall be guilty of a misdemeanor and, upon conviction, subject to the punishment herein provided.

C. Inspections. The Public Works Director or other duly authorized representative of the City shall visit all premises within the City from time to time and examine the sanitary condition of such premises to determine whether the provisions of this article are being complied with. Upon notification by the Public Works Director or a duly authorized representative all persons, including the contractor, the customer shall comply with the provisions of this article or, determined by the nature and extent of the violation, served a notice of violation, be deemed guilty of a misdemeanor, or any other appropriate method of enforcement compliance deemed necessary.

D. Right of entry. The Public Works Director or a duly authorized representative is hereby granted permission to enter upon any premises in the City for the purposes of making the inspections or determinations provided by this article.

E. Notice of violation.

1. Should the City determine that any utility customer, or person using the utilities with the consent of the customer, has violated the provisions of subsection 6.01.030.C or D, or subsection 6.01.050.B, the utility customer shall be served, either personally, by mail, or by posting at the residence or business premises of the customer, a courtesy notice of violation (warning) stating the acts or conduct which constitutes the violation. The second such notice of violation shall notify the customer of the penalty fees assessed for further violations.

2. Should a utility customer, or person using the utilities with the consent of the customer, violate the provisions of subsection 6.01.030.C or D, or subsection 6.01.050.B, after being served with the second notice of ordinance violation, then such utility customer shall be served with a notice of violation including the fees for violation of said ordinance provisions. Said notice shall:

a. Identify the date, time, and circumstances of the violation.

b. State the amount of the fee to be imposed.

c. The notice of intention to impose a fee for violation of said ordinance provisions shall be served in the same manner as the notice of ordinance violation as provided in subsection 6.01.100.C.1.

3. A utility customer shall have the right to appeal in accordance with the appeals process in title 1. The utility customer must request an appeal hearing, in writing, within ten days from the date of service of the notice of ordinance violation; or in the case of the imposition of a penalty fee, within 15 days of the service of the notice of intention to impose a penalty fee. The request for hearing shall be addressed to the City Manager and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the 15-day period shall be deemed a waiver of the right to appeal the matter, and the penalty fee will be assessed against the customer's utility account.

The hearing officer or City shall give written notice by mail to the utility customer of the date and time of the appeal hearing, which hearing shall be held not sooner than ten days from the receipt of the request for hearing and not longer than 30 days. With the consent of the appellant, the appeal hearing may be conducted by telephone. The decision of the hearing officer shall be final. If the violation is upheld, the penalty fee shall be assessed to the customer's utility account.

4. Failure of any utility customer to pay the penalty fees imposed as provided herein shall be grounds to discontinue service until compliance is obtained.

5. The City Council does hereby designate the Public Works Director, Code Enforcement Officer, or others as designated by the City Manager, as the persons authorized to investigate violations and to serve any notices required by the provisions of this subsection C.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

This chapter shall not be held to repeal any other health ordinances forbidding the accumulation of municipal solid waste or inflammable matters within the City.

(Ord. No. 2020-1055, § 1, 1-27-2020)

An advance deposit shall be paid as required pursuant to title 13. The provisions of that section are hereby incorporated by reference.

(Ord. No. 2020-1055, § 1, 1-27-2020)

A. Intent. The intent of this section is to provide the authorized recycling agent the right to collect materials for which it has contracted and provide some regulations against the collection of recyclable material by unauthorized persons. The curbside location in residential developments and trash enclosures in commercial/industrial developments is restricted to the City's authorized recycling agent. The intent is not to restrict competition for recyclable materials between the various authorized recycling agents. It is also not the intent of this section to prevent individuals, and/or companies and corporations from delivering recyclable materials to dealers directly or contracting with such recycling agents for the collection of these materials at the owner's locations.

B. Additional methods of disposal. Any person may donate or sell recyclable materials to any other person whether operating for profit or not-for-profit.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

The following provisions shall apply for the purposes of regulating the unauthorized entry into waste, recycling, and organics containers:

A. Unauthorized entry into collection containers.

1. No persons, other than the City-authorized recycling or collection agents, or persons having a contract for collection with the owner, shall remove recyclable materials, from residential refuse or recycling waste containers including, but not limited to, collection carts, bins, or trash enclosures, which have been placed at a designated collection location for the purposes of collection and recycling.

2. Unless otherwise provided by contract, recyclable materials which have been placed inside any and all collection containers and placed at a designated collection location, may not be removed from said containers by anyone other than the collection agent authorized by the local governing body, or by the commercial or private entity having control of said containers.

B. Unlawful search and entry.

1. Except as provided in subsection B.2, it shall be unlawful for any person, to open, rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search a waste container or the contents thereof.

2. The following persons are excluded from the application of [this] subsection:

a. The owner of the waste container or someone acting with the consent of the owner.

b. Any authorized City, County, State, or federal personnel in the performance of their duties.

c. Employees of the solid waste company that owns the waste container in performance of their duties.

C. Public nuisance. Rummaging, exploring, scavenging, or otherwise searching a waste container is a violation of the provisions of this chapter and is hereby declared a public nuisance.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

A. Violations.

1. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor. In addition, the Code Enforcement Officer(s), the Public Works Director, or any duly authorized representative of the City may elect to seek punishment as an infraction or issue an administrative citation as authorized by title 19 of the Ceres Municipal Code.

2. Any person that continues in violation of this chapter shall be guilty of a separate and distinct offense for each and every violation.

B. Penalties. Scavenging or taking any part, or all, of the contents of residential curbside recycling carts that are placed out for collection shall not be permitted. Any violation of this section may constitute an infraction and shall be punishable by a fine of not more than $500.00.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

A. No person shall dump, deposit, or place, or cause or assist in the dumping, depositing, or placing, upon City of Ceres property, or any portion thereof, or in any City of Ceres waste container, any waste or industrial refuse, as those terms are commonly known, used, or defined in this chapter.

B. No person shall dump, deposit or place, or cause or assist in the dumping, depositing or placing, upon any private property, or any portion thereof, or in any waste container, other than the one issued or assigned for their personal use, any waste or industrial refuse, as those terms are commonly known, used or defined in this chapter.

C. It shall be unlawful for any person in possession of, or having charge or control of, any boardinghouse, lodging house, restaurant, hotel, eating house, apartment, flat, duplex, or dwelling house within the City to keep or deposit any waste on any premises in the City except in a waste container as described in CMC 6.01.020. It shall be unlawful for such person to bury or burn any waste or to keep or deposit any rubbish on any premises in the City for a longer time than may be reasonably necessary for the purposes of destruction or burial or collection and removal by the contractor holding a valid contract with the City for the collection and disposal of waste, and no such person shall throw or deposit any waste on any alley, public place, sidewalk, street, or waterway other than in such containers except as defined in CMC 6.01.180.

D. No person shall dump, place, or bury in any lot, land, street, alley, water, waterway, or elsewhere within the City any waste, manure, or waste matter condemned by the Health Department or its authorized representatives.

E. Penalties for violations and habitual offender.

1. The first instance of illegal/unauthorized dumping during a 12-month period shall result in a first notice of illegal disposal served to the responsible party.

2. Violation of this chapter as an infraction. The minimum penalty for a second conviction for violating this chapter is a $100.00 fine; for a third conviction within one year, the minimum penalty is a $200.00 fine; for a fourth or subsequent conviction within one year, the minimum penalty is a $250.00 fine.

3. Any person that continues in violation of this section shall be guilty of a separate and distinct offense for each and every violation.

4. If the defendant is a habitual offender of the provisions of this article, at the discretion of the Public Works Director or his/her designated representative, the City Attorney may elect to prosecute such violation as a misdemeanor. For the purposes of this article, a habitual offender shall mean and include a person who has four or more convictions for violating this article within one calendar year.

(Ord. No. 2021-1066, 6-14-2021)

A. The willful disposal of garbage or rubbish in organic refuse or recycling refuse carts or any placement of waste material not appropriate for the collection services associated with the particular collection container in which it is placed shall not be permitted.

B. Penalties for violations.

1. The first instance of cart contamination in the recycle and/or organic containers during a 12-month period shall result in a first notice of cart contamination served to the utility customer named on the account. A notice will also be served as an affixed tag to the cart container on the day of the violation's occurrence.

2. The second and any subsequent instances of cart contamination shall be subject to the penalty provisions of subsection 6.01.160.E.2.

3. If the defendant is a habitual offender of the provisions of this article, at the discretion of the Public Works Director or his/her designated representative, the City Attorney may elect to prosecute such violation as a misdemeanor. For the purposes of this article, a habitual offender shall mean and include a person who has four or more convictions for violating this article within one calendar year.

(Ord. No. 2021-1066, 6-14-2021)

A. Leaf and limb collection.

1. Annually, from October 1 through January 9, the City's franchisee will conduct a regular collection of loose leaves and tree and shrub limbs for residential customers on a bi-monthly schedule.

2. Limbs must be cut in lengths of four feet or less and no larger than six inches in diameter.

3. Materials must be placed in piles at least one foot from the gutter in front of the premises.

4. Materials may not be placed any sooner than seven days prior to the scheduled collection day.

5. Acceptable material is limited to leaves and limbs. Grass clippings, tree trunks, palm tree branches and trunks and any other unnamed organic yard waste shall not be placed in piles.

6. Any piles placed for collection that contain prohibited materials will not be collected and must be removed from the street within 24 hours.

7. Collection piles containing prohibited materials, which remain on the public right of way, shall be considered illegal disposal and are subject to the penalty provisions of subsection 6.01.160.E.1.

B. Bulky items.

1. Residential customers shall be provided with free service for bulky item pick-up by the City's franchised hauler no more than two times within the calendar year.

2. It is the customer's responsibility to confirm with the hauler/transporter that the items/materials are acceptable for collection. Prohibited materials placed for collection will not be pick-up and shall be considered as illegal disposal and subject to the penalty provisions of subsection 6.01.160.E.1.

3. Items must be placed on the street in front of the residence one foot from the curb and may not block or obstruct access to any storm drain, catch basin, fire hydrants, sidewalks, bus stops, or impede traffic in any manner.

4. Items are to be placed no sooner than one day prior to scheduled collection.

(Ord. No. 2021-1066, 6-14-2021)