Chino Municipal Code Ch. 8.16 Refuse Collection

A. "Agricultural solid waste" means wastes resulting from the production and processing of farm or agricultural products, including manures.

B. "Bulky waste" means large items of solid waste such as appliances, furniture, large auto parts, tree branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

C. "Director of public works" means the director of public works for the city of Chino.

D. "Green waste" means and includes cuttings and trimmings from trees and shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves and other forms of organic waste generated from landscapes or gardens, separated from other solid waste, which are suitable for composting. "Green waste" does not include palm fronds or yucca, or other similar materials as agreed to in writing by city and its contractor, which are not suitable for composting.

E. "Multi-family bins" means containers (usually three cubic yards in size) intended to be utilized for the temporary accumulation and collection of residential solid waste for multi-family units.

F. "Multi-family premises" means residential units of four units or more such as apartments, condominiums and townhouses, other than single family premises, which typically utilize multi-family bins, for the temporary accumulation and collection of residential solid waste.

G. "Nuisance waste" means anything which is injurious to human health or offensive to the senses and interferes with the comfortable enjoyment of life or property, which occurs as a result of the storage, removal or transporting of solid waste.

H. "Place or premises" means every dwelling house, dwelling unit, apartment house or multiple dwelling building, trailer or multiple home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembly shop plant, warehouse, and every other place or premises where any person resides, or any business is carried on or conducted within the city of Chino.

I. "Recyclables" means any waste product that the city may deem suitable for reuse or processing into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939 and is designated for redemption through an established city recycling program. For purposes of this chapter, recyclable material means and includes newspaper and inserts, paper, printed matter (junk mail, magazines, wrapping paper), pasteboard, paper containers (cereal and cracker boxes, egg cartons), cardboard, glass, aluminum, steel, bimetal and tin cans, plastics and such other materials as mutually agreed upon in writing by contractor and city which are collected by contractor.

J. "Recycling" means the process of collecting and converting used products including, but not limited to, newspapers, newsprint, paper, aluminum cans, corrugated cardboard, and glass or plastic bottles or containers, or metal into new products by means of processing and manufacture.

K. "Residential premises" include single family premises, multi-family premises, including apartments and condominiums, but does not include hotels or motels.

L. "Single-family premises" generally means a detached building, or each unit of multi-family dwelling (four or more units), with kitchen facilities, which utilizes one or more solid waste containers or bins, but not a multi-family bin, for the temporary accumulation and collection of residential solid waste.

M. "Solid waste containers or bins" means standard containers or bins supplied by the city's solid waste contractor or such other container as may be approved by the director of public works.

N. "Solid waste" means and includes all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, demolition debris, industrial waste, bulky items, recyclable materials, or any combination thereof, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "nonhazardous solid waste" set forth in the California Code of Regulations, as they may be amended from time to time. Solid waste does not include hazardous (Class 1) waste, low-level radioactive waste, untreated medical waste, or special wastes, such as sewage, sludge, asbestos, auto bodies, tires and dead animals.

(Ord. 2003-10 § 1 (part), 2003.)

The accumulation, collection, removal and disposal of solid waste must be controlled by the city for the protection of public health, safety and welfare. The city council finds that to give practical effect to this policy, a comprehensive system for the periodic collection, removal and disposal of solid waste from all premises in the city is essential and benefits all owners and occupants of premises in the city. Further, the accumulation and existence of solid waste on any private premises on, in or upon any street, alley or public place within the city may be declared a nuisance. No person who owns, controls or occupies any premises in the city shall cause, permit or allow any such nuisance to exist thereon.

(Ord. 2003-10 § 1 (part), 2003.)

No person owning, leasing or occupying any building, lot, or premises in the city shall allow or maintain refuse or any type of waste (as defined in section 8.16.010 of this code) to collect or remain in public view or visible to neighboring properties.

(Ord. 2003-10 § 1 (part), 2003.)

(Ord. 2014-012, § 6, 2014.)

All solid waste intended for collection shall be segregated and placed in solid waste containers. Contents of containers shall be limited to solid waste, recyclable materials and green waste as defined in section 8.16.010 of this chapter, except as qualified to the extent set forth in this section:

A. Solid Waste. Food waste or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor and access to flies and animals; feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings and packing material must be securely wrapped.

B. Green Waste. Grass, tree, shrub and flower trimmings, leaves and weeds must be contained as set forth in section 8.16.070 of this chapter.

(Ord. 2003-10 § 1 (part), 2003.)

Residential - The contractor shall furnish standard approved containers for the segregated collection of solid waste, recyclable materials and green waste. Each container shall be kept in a clean and sanitary condition by the owner or person in charge of the residential premises which said container serves. All solid waste shall be placed in containers or bins supplied for that purpose.

(Ord. 2003-10 § 1 (part), 2003.)

The following materials are prohibited and cannot be collected by contractor for disposal: ammunition, explosives, industrial wastes, auto bodies, chemicals, pathological, toxic, and radioactive water, acids, drugs, medicines, human feces, unwrapped animal feces, and items which are too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs and tree stumps.

(Ord. 2003-10 § 1 (part), 2003.)

A. Storage of household refuse and recyclable materials shall be permitted as described below:

1. Refuse and recycling bins shall be stored out of view from the public right-of-way, either behind a wall or fence or within a garage or other enclosure. If storing bins out of view from the public right-of-way is impractical, bins may be stored adjacent to the side of the house or garage in an area behind the front yard setback.

2. Storage containers may not be placed for collection before 12:00 pm of the day preceding scheduled collection, and they may not be left at the place of collection after 12:00 pm on the day after collection. Containers must be placed for collection along the curb in front of each dwelling where the refuse was generated.

B. Garden trimmings or landscape waste, and other waste matter that cannot readily be placed in containers, shall be tied in bundles not exceeding four feet in length and eighteen inches in diameter nor fifty pounds in weight and shall be placed immediately adjacent to the designated container location and scheduled for collection with the city's authorized contractor. Ashes shall be thoroughly moistened to prevent them from scattering.

C. In all cases of disputes or complaints arising from or concerning the place where solid waste or solid waste containers shall be placed while awaiting the removal of their contents, the director of public works or the director's authorized representative shall forthwith designate the place, and the decision shall be final.

(Ord. 2003-10 § 1 (part), 2003.)

(Ord. 2014-012, § 7, 2014.)

No person shall collect solid waste within the city without a written permit, which permit shall be issued only on vote of the city council and may be revoked for failure to comply with the health and sanitary regulations of the city. Any person who collects solid waste without first obtaining a permit to do so shall be subject to a fine, which shall be set by resolution and collected pursuant to the provisions of Chapter 1.15 of this code. In addition, such person shall be guilty of a misdemeanor, as provided for in section 8.16.220.

(Ord. 2003-10 § 1 (part), 2003.)

All solid waste hauled by any person over public streets in the city shall be securely tied and covered during hauling thereof so as to prevent leakage, spillage or dispersal. No person shall allow any solid waste of any kind whatsoever to leak, spill, blow, drop or be thrown from any vehicle on any public street within the city.

(Ord. 2003-10 § 1 (part), 2003.)

Where commercial establishments receive at least one solid waste pick-up per week with or without bin service, the owner or operator of the establishment shall comply with section 8.16.040.

(Ord. 2003-10 § 1 (part), 2003.)

A. A monthly charge for the collection of solid waste shall be made against the owners or occupants of each residential unit within the city. The amount of such monthly charges shall be fixed from time to time by resolution of the city council. For the purpose of this chapter, "each residential unit" shall be defined as each place used for residential purposes for a single family; if more than one family is in one house, then such house shall constitute as many units as there are families, notwithstanding there being but one water meter on such premises. No place used primarily for business purposes shall be considered as a residential unit. A monthly charge for the collection of solid waste from places of business shall be made and collected which shall depend upon the extent of the service rendered. The amount of such charges shall be fixed from time to time by resolution of the city council.

B. The charges for collecting solid waste shall be shown upon the water bills and collected therewith or by special billing where water service is not provided by the city and, when collected, shall be deposited in the sanitation fund of the city.

C. The city council finds and determines that the payment of such sum by owners or occupants of residential property within the city is necessary in order to protect the health and safety of the residents in the city.

(Ord. 2003-10 § 1 (part), 2003.)

All forms of solid waste not included in the terms of solid waste as defined in section 8.16.010 may be collected by the city for such charges as the director of public works or his authorized representative shall determine as reasonable.

(Ord. 2003-10 § 1 (part), 2003.)

Failure to pay the charges for solid waste collection within thirty days after the mailing of the bills therefor is declared to be a misdemeanor.

(Ord. 2003-10 § 1 (part), 2003.)

In the event of the accumulation of solid waste upon any private property, the director of public works or his authorized representative is authorized to order the removal of same upon payment of a service fee therefor in an amount equal to the cost of such removal.

(Ord. 2003-10 § 1 (part), 2003.)

The health officer shall visit all premises within the corporate limits of the city from time to time to examine the sanitary conditions of such premises to determine whether the provisions of this chapter are being complied with.

(Ord. 2003-10 § 1 (part), 2003.)

No solid waste or agricultural solid waste shall be burned within the city limits.

(Ord. 2003-10 § 1 (part), 2003.)

No person shall throw, drop, leave, dump, bury, place, keep, accumulate, or otherwise dispose of any solid waste upon another person's private property either with or without intent to later remove the same from such property, or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof or any public place or public property; provided, however, that this section shall not apply to any land used by the city for a disposal or staging area.

(Ord. 2003-10 § 1 (part), 2003.)

All owners, contractors and builders of structures shall, upon completion or demolition of any such structure, gather up and haul away, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the building or demolition of the structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition.

(Ord. 2003-10 § 1 (part), 2003.)

A. No person shall collect solid waste within the city without a written permit, which permit shall be issued only on vote of the city council and may be revoked for failure to comply with the health and sanitary regulations for the city or for good cause.

B. The city retains, and hereafter shall retain, the exclusive authority over the collection and disposition of all solid waste generated within the city including the time, place and manner of such collection and disposal.

C. The city council may require each and every person or entity having a permit or contract for the collection or disposal of solid waste generated within the city to dispose of such solid waste generated within the city at a site selected and designated by the city council.

D. Solid waste and other containerized waste shall remain the property of the generator until the material is removed from the container by the city or the city's authorized contractor. Yard waste, unless part of a recycling program, shall remain the property of the generator until the material is collected by the city or the city's authorized contractor. Any recyclables placed at the curb as part of a recycling program shall become the property of the city or the city's authorized recyclable collector at the time of placement at the curb.

E. The city or its duly authorized agent shall have the exclusive right to gather and collect solid waste, yard waste, recyclables and other waste matter within the city. It shall be unlawful for any person, except as otherwise provided in this chapter, to collect or gather solid waste, waste matter or recyclables within the city and violation thereof shall be deemed an infraction and punished as provided in section 1.12.010 of this code.

(Ord. 2003-10 § 1 (part), 2003.)

A. It shall be unlawful for any person to do any of the following:

1. Scavenge from, tamper with, move, steal, tip, deface, or destroy any solid waste collection container, or the contents thereof.

2. Scavenge from, tamper with, move, steal, tip, deface, or destroy any collection container for discarded recyclable materials, or the contents thereof.

B. No person shall remove, without lawful authority, any container intended for public use from the place where it is placed and maintained by the city for the authorized placing of solid waste therein by the general public.

C. A violation of any provision of this section shall be deemed an infraction and shall be punished as provided in section 1.12.010 of this code.

(Ord. 2003-10 § 1 (part), 2003.)

(Ord. 2009-12, § 1, 2009.)

Notwithstanding any provisions to the contrary in this chapter, the provision of refuse collection services and collection of charges therefor shall be as follows:

A. In the event the County of San Bernardino executed an exclusive franchise, contract, license, or permit ("franchise") with a solid waste enterprise to provide solid waste handling services in an unincorporated county territory prior to its annexation to the city, and those services had been provided for more than three years previous to that annexation, then that enterprise may continue to provide those services for the lesser period of either the remaining term of that franchise, or five years.

B. In the event the County of San Bernardino executed a nonexclusive franchise with a solid waste enterprise to provide solid waste handling services in an unincorporated county territory prior to its annexation to the city, and those services had been provided for more than three years previous to that annexation, then that enterprise may continue to provide those services up to five years after mailed notice by the city of its intent to terminate those services.

(Ord. 2003-10 § 1 (part), 2003.)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and punished as provided in section 1.12.010 of this code unless specified differently for particular sections of this chapter.

(Ord. 2003-10 § 1 (part), 2003.)