Corona Municipal Code Art. II Exclusive Franchise Agreement

Except as provided by this chapter, no person shall collect, place a solid waste container, transfer or remove solid waste unless that person has entered into an exclusive franchise agreement with the city. Each person that collects, places a solid waste container, transfers, or removes solid waste from any premises within the city, without holding a franchise agreement with the city shall constitute a separate offense.

(Ord. 3338 § 4 (part), 2021)

(A) Hired contractors. The prohibitions in this article shall not apply to a person or a commercial business hired by that person, including, without limitation, landscape contractors, gardeners, roofers, demolition contractors and grading contractors, that hauls its own solid waste generated from that person's residential premises or commercial premises to a properly licensed landfill, material recovery facility, transfer station, or other facility permitted to accept such material using its own personnel and equipment.

(B) Collection of recyclable material. The prohibitions in this article shall not apply to any person or entity collecting recyclable material sold or donated to it by the person or entity that generated such recyclable material. This exclusion shall not apply if the waste generator of the recyclable material is required to pay the collector of the recyclable materials any monetary or non-monetary consideration relating in any way, directly or indirectly, to the collection, transportation, transfer, or processing of the recyclable material, or for the lease or use of containers.

(Ord. 3338 § 4 (part), 2021)

The franchisee shall pay to the city a franchise fee, or any other fees, in an amount set forth in the franchise agreement between the city and the franchisee, as well as any other fees that may be specified in the franchise agreement or other contract.

(Ord. 3338 § 4 (part), 2021)

All equipment and vehicles used by a franchisee or a state agency collector to transport or collect of solid waste shall:

(A) Vehicle standards. Carry a shovel, broom, and fire extinguisher and shall be maintained in good repair, clean condition, and neatly painted. The name and telephone number of the franchisee or the state agency collector shall be painted in letters at least three inches high on each side and across the back of each vehicle.

(B) Back-up warning device. Be equipped with an audible automatic back-up or other acceptable warning devices prescribed by Cal. Vehicle Code § 27000(b).

(C) Maintenance of vehicles and equipment. Be durable, easily cleanable and designed for safe handling, and constructed to prevent loss of solid waste from the equipment during collection or transportation. If such equipment is used to collect or transport garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such equipment shall in all cases be non-absorbent and leak resistant. All equipment shall be maintained in good condition and cleaned in a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances.

(D) Off-street parking. Designate an off-street location where all refuse collection vehicles will be parked when not in service, except in an emergency.

(E) Inspections. Be made available for inspection as requested by the administrator.

(Ord. 3338 § 4 (part), 2021)

A franchisee shall submit periodic reports to the administrator in accordance with the requirements of the franchise agreement.

(Ord. 3338 § 4 (part), 2021)

The franchisee is required to comply with performance standards specified in the franchise agreement. In the event the franchisee fails to comply with the standards, the city may, at its option, assess liquidated damages in accordance with the procedures and amounts, if any, described in the franchise agreement.

(Ord. 3338 § 4 (part), 2021)