Dos Palos Municipal Code Ch. 8.11 Recyclable Materials

SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations.

To assure compliance with California law as established in SB 1383 with regard to a three can collection system and including language from the CalRecycle model, the following sections are ordained and adopted.

SECTIONS:

8.11.001 PURPOSE AND FINDINGS

8.11,010 DEFINITIONS

8.11.020 REQUIREMENTS FOR SINGLE FAMILY GENERATORS

8.11.030 REQUIREMENTS FOR COMMERCIAL BUSINESSES

8:11.040 WAIVERS FOR GENERATORS

8.11.050 REQUIREMENTS FOR COMEMRCIAL EDIBLE FOOD GENERATORS

8.11.060 SELF-HAULER REQUIREMENTS

8.11.070 INSPECTIONS BY JUSRIDICTION

8.11.080 ENFORCEMENT

8.11.090 COMPLIANCE WITH CALGREEN REQUIREMENTS

8.11.100 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE

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(a) "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. (b) "CalRecycle" means California's Department of Resources Recycling and Recovery. (c) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). (d) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. (e) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this ordinance or as otherwise defined in '14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). 0) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants. (k) "C&D" means construction and demolition debris. (rn) "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. (n) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) "Enforcement Action" means an action of the Jurisdiction to address non- compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

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(p) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), whicl1 receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (s) "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). (t) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. (u) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible

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Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (v) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (w) "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (x) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes. (y) "Food Waste" means Food Scraps and Food-Soiled Paper. "Green waste" means leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste. (z) "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (aa) "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is not acceptable for placement in a Blue or Green Container as part of a three- container collection service. (bb) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. (cc) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (ff) "Inspection" means a site visit where a Jurisdiction reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the. entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). (ii) "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and

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serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, gol"f course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. UD "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (kk) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. (oo) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). (rr) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. (ss) "Organic Waste" includes Greenwaste and Food Waste (tt) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

(ww) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source

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Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. (yy) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (zz) "Recyclables" means those materials that by way of collecting, sorting, cleansing, treating, and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic main stream in the form of raw materials for new, reused, or reconstituted products. Recyclables include, but are not limited to, newsprint, mixed paper, aluminum, plastics, glass, metal, cardboard, chip board, junk mail, magazines, newspaper, books, computer paper, and the like. (ccc) "Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (eee) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in '14 CCR Section 18982(a)(64). (fff) "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). (ggg) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.i (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (hhh) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

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(iii) "Self-Hauler" means a person, who hauls Solid Waste, he or she has generated using the generator's own equipment. (kkk) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible 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 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: ('I) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated ancl deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (Ill) "Source Separated" means the segregation, by the generator, of materials designated for separate collection for some form of recycling, processing, recovery, or reuse. (ppp) "State" means the State of California. (qqq) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, ancl which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71 ). (rrr) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.

(3) Food Service Provider.

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(4) Food Distributor. (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. (sss) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

Every person owning or occupying a residence or commercial establishment shall subscribe to solid waste, organic waste, and segregated recyclable collection. Jurisdiction shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the Jurisdiction. Requirements for Source Separating Solid Waste. A All residential and commercial generators of Solid Waste shall be required to source separate materials into Grey, Blue, and Green containers. B. Generators shall place Source Separated Organic Waste, including Food Waste, in the Green Container; Segregated Recyclable Materials in the

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Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. C. Generators shall not place Prohibited Container Contaminants in any container. City and City's authorized recycling agent reserve the right to inspect containers to determine if Prohibited Container Contaminants are present and issue a warning or assess penalties and fines under this chapter

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall: (a) Subscribe to Jurisdiction's three-container collection services. Jurisdiction shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container, Green Container, and Gray Container collection service. (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: (1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

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(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b). (f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, Green Container, and Gray Container collection service. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. U) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with this ordinance. (n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements in this ordinance.

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(a) De Minimus Waiver: City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described below. Commercial Businesses requesting a de minimis waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section (a)(2) below. (2) Provide documentation that either: (A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic VVaste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify Jurisdiction if circumstances change such that Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minimis waiver. B. Physical Space Waiver: City may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this ordinance. A Commercial Business or property owner may request a physical space waiver through the following process: (1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

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(3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.

GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow Jurisdiction's designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

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(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self- hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction's organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Solid Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

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(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self- Haulers) shall provide information collected in Section 12(c) to Jurisdiction if requested. (e) A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 12(c) and (d).

(a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. (b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described. (c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. (e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

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(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources. (c) Responsible Entity for Enforcement (1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official. (A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices ofViolation(s). (d) Process for Enforcement (1) Jurisdiction Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section establishes Jurisdiction's right to conduct Inspections and investigations.

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(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance. (3) For Jurisdictions assessing contamination processing fees/penalties. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within_ days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator's containers on more than _ (_) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 17(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's __ policy/ordinance/guidelines Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information (e) Penalty Amounts for Types of Violations The penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation. (f) Factors Considered in Determining Penalty Amount The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range: (1) The nature, circumstances, and severity of the violation(s).

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(2) The violator's ability to pay. (3) The willfulness of the violator's misconduct. (4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 17 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with Ca/Recycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (h) Appeals Process Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction's procedures in the Jurisdiction's codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in

-17-

compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

U) Civil Penalties for Non-Compliance

Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 17, as needed.

REQUIREMENTS

(a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the Jurisdiction. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.

Project applicants shall refer to Jurisdiction's building and/or planning code for complete CALGreen requirements.

(b) For projects covered by CALGreen or more stringent requirements of the Jurisdiction, the applicants must, as a condition of the Jurisdiction's permit approval, comply with the following:

(1) Where five (5) or more Multi-Family dwelling units are constructed on a
building site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection of Blue
Container and Green Container materials, consistent with the three- three-
plus, or two-container collection program offered by the Jurisdiction, or
comply with provision of adequate space for recycling for Multi-Family and
Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11
as amended provided amended requirements are more stringent than the
CALGreen requirements for adequate recycling space effective January 1,
2020.

-18-

(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-, three-plus, or two-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to
management of C&D, including diversion of Organic Waste in C&D from
disposal. Comply with Jurisdiction's C&D ordinance, Chapter 8 of the
Dos Palos Municipal Code and all written and published Jurisdiction policies
and/or administrative guidelines regarding the collection, recycling,
diversion, tracking, and/or reporting of C&D.

8.1·1.100 Model Water Efficient Landscaping Ordinance Requirements

(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 14.

(b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

(c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) above shall:

(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which
requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:

(A) For landscape installations, Compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be
incorporated to a depth of six (6) inches into the soil. Soils with
greater than six percent (6%) organic matter in the top six (6) inches
of soil are exempt from adding Compost and tilling.

(B) For landscape installations, a minimum three- (3-) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except

-19-

in turf areas. creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required 1Nhere prohibited by local fuel modification plan guidelines or other applicable local ordinances. (2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) shall consult the full MWELO for all requirements. (d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MvVVVELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MV/ELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. Actions:

On November 16, 2021, it was moved by Councilmember Orlando and seconded by Council member Porter to Introduce Ordinance 431. The motion passed 5-0 as follows: AYES: Hogue, Pigg, Orlando, Bravo, and Porter. NOES: None. ABSTENTIONS: None. ABSENT: None. The First Public Hearing was opened at 6:37 pm. No one requested to speak. The First Public Hearing was closed at 6:38 pm. It was then moved by Councilmember Orlando and seconded by Mayor pro Tern Pigg to Waive the First Reading of Ordinance 431. The motion passed 5-0 as follows: AYES: Hogue, Pigg, Orlando, Bravo. and Porter. NOES: None. ABSTENTIONS: None. ABSENT: None. On December 21, 2021 , it was moved by Mayor pro Tern Orlando and seconded by Council member Pigg to Waive the Second Reading of Ordinance 431. The motion passed 5-0 as follows: A YES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSTENTIONS: None. ABSENT: None. A Second Public Hearing was opened at 6:24 pm. No One requested to speak. The Second Public Hearing was closed at 6:25 pm. It was then moved by Council member Pigg and seconded by Mayor pro Tern Orlando to Adopt Ordinance 431 . The motion passed 5-0 as follows: AYES: Hogue, Orlando, Pigg, Bravo, and Porter. NOES: None. ABSTENT NS: None. ABSENT: None. C CSI ATTEST: i/ YSIDRO GARCIA, City Clerk

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8.12.010

Chapter 8.12 8.12.010 Definitions.
A. "Garbage" includes all kitchen and table re-
GARBAGE* fuse and every accumulation of animal, vegetable
and other matter that attend the preparation, con-

Sections: sumption, decay or dealing in or storage of meat,

tree trimmings. from the preparation of food including tin cans and

collecion. included under garbage.

bins. woodenware, paper, pasteboard, grass, rags, straw,

removal unlawful. ashes, cinders, shells, metals and other waste materi-

prohibited. 8.12.020 Garbage-Receptacle required.

prohibited where. charge or control of any boardinghouse, restaurant,

rubbish permitted. or flat or of any business or mercantile establish-

Execution. vided, and at all times keep or cause to be kept, a

Violation. at such place during the intervals between collec-

unlawful. material approved by the city and shall have a ca-

• For statutory authority for cities to contract for garbage and rubbish It shall be the duty of every person in possession, disposal and to prescribe tenns for such services, see Health and Safety Code § 4250. charge or control of any boardinghouse, restaurant, hotel, apartment or eating house, or dwelling house (Dos Palos 9-98)

8.12.030

or flat or of any business or mercantile public works for the collection thereof, shall be establishment within the city to provide or cause to placed by the occupant at the alley in all blocks be provided, and at all times keep or cause to be where a city alley runs through the block, whether kept, a portable receptacle or receptacles adequate or not the occupant's premises abut such alley, for to contain the amount of rubbish ordinarily accu- the convenient collection of such garbage, rubbish mulated at such place during the intervals between or waste matter. All receptacles for garbage, rubbish collections made by the city garbage collector, Each or waste matter, upon the day or days designated by such receptacle shall be constructed of metal or the superintendent of public works for collection other material approved by the city and shall have thereof, shall be placed by the occupant alongside a capacity of not more than thirty gallons, nor less the curb or sidewalk for the convenient collection than twenty gallons; shall be watertight, shall be of such garbage, rubbish or waste matter in those provided with handles on the outside thereof and blocks in the city where no city alley runs through with a tight fitting cover. Such cover shall not be the block. (Ord. 169 Art. IV § 5, 1973) removed except when necessary to place rubbish in such receptacle or take rubbish therefrom. ( Ord. 169 8.12.070 Receptacle-Mannfactured bins. Art. IV § 2(B), 1973) Commercial or industrial establishments in the city may use, for garbage or rubbish, large contain-

ers of a type adaptable to mechanical pickup. Only

No garbage, rubbish or waste receptacle when containers of a type that can be picked up by equip- loaded and no separate item or items of rubbish or ment then in use in the city may be used. Certain waste matter, shall weigh more than what one woIX- establishments as deemed necessary by the superin- man can reasonably be expected to lift and empty tendent of public works shall use said manufactured into a collection vehicle being used nor shall it be bins. (Ord. 169 Art. IV § 6, 1973) of such size, volume or shape as to exceed what one workman can reasonably be expected to lift and put 8.12.080 Accumulation unlawful when. or empty into a collection vehicle being used. (Ord. It is unlawful for any person to deposit, keep or 169 Art. IV § 3,1973) accumulate, cause or permit or suffer to be deposit- ed, kept or accumulated, any garbage, rubbish or

trimmings. or any public or private drive, alley or street, or any Garbage, rubbish or waste matter, except as in house, store, restaurant or other place in the city this section provided, shall be kept in receptacles unless such garbage, rubbish or waste material shall provided therefor between the times when the same be enclosed in receptacles conforming to the specifi- shall be removed. All tree trimmings and other cations contained in Sections 8.12.020, 8.12.030 similar items which cannot conveniently be placed and/or 8.12.070 of this chapter. (Ord. 169 Art. IV in containers, shall be cut into lengths of not over § 7, 1973) four feet and tied into bundles by the occupant of the premises, which bundles shall be of such size as 8.12.090 Receptacle-Unauthorized can be handled easily. (Ord. 169 Art. IV§ 4, 1973) removal unlawful. It is unlawful for any person other than the owner

collection. employee of any person or persons holding a con- All receptacles for garbage, rubbish or waste tract with the city for the collection or removal of matter, and all rubbish and waste matter, upon the garbage or rubbish to interfere in any manner with day or days designated by the superintendent of any receptacle used for the accumulation or handling

(Dos Palos 9-98) 112

8.12.090

of garbage and rubbish, or to remove any such 8.12.010 of this chapter. (Ord. 169 Art. IV § 12, receptacle from the location where it shall have been 1973) placed by the owner or persons lawfully in control thereof, or to remove the contents from any such 8.12.140 Collection-Contract-Execution. receptacle. (Ord. 169 Art. IV§ 8, 1973) For the purpose of carrying out the collection of garbage and rubbish, the council may, by resolution,

It is unlawful for any person to remove or convey person for a tenn not exceeding one year for the or cause or permit to be removed or conveyed, any right to collect and remove garbage and rubbish garbage or rubbish upon or along any public street, within the city, and such person shall be known as alley or other public place in the city; provided, the city garbage and rubbish collector. (Ord. 169 however, that the prohibitions of this section shall Art. IV § 13, 1973) not apply to any person or persons · employed by said city for the purpose of collecting or removing 8.12.150 Collection-Vehicles. garbage and rubbish, or to any person or persons Every wagon, cart or vehicle used in the work of with whom the city has entered into or may enter collecting and disposing of garbage and rubbish into a contract for the collection, removal or dispos- shall be kept clean on both the inside and outside, al of garbage and rubbish, or to any employee of and all such vehicles shall have metallic or metal such contractor during the term such contract shall lined beds, or metal containers, shall be watertight be in force. (Ord. 169 Art. IV § 9, 1973) and equipped with proper cover so that the transpor- tation of garbage and rubbish shall not be offensive

prohibited. shall be loaded so that none of it shall fall, drop or' No person shall throw, place or scatter any gar- spill upon the ground and shall be protected from bage upon the surface of any premises or bury or wind and rain. (Ord. 169 Art. IV § 14, 1973) bum the same thereon. (Ord. 169 Art. IV § 10, 1973) 8.12.160 Collection-Contract-Violation. Any violation of this chapter or the terms of his

prohibited where. contracting with the city shall entitle the council to No person shall pennit or allow any rubbish or cancel and tenninate its contract with the city gar- waste matter to be scattered about in his yard or bage and rubbish collector, and to relet said con- upon the premises occupied by him or to throw or tract. (Ord. 169 Art. IV§ 15, 1973) deix>sit any rubbish or waste matter upon the pre- mises of any other person, or upon any of the 8.12.170 Collection-Contract-Bond. streets, alleys or other public places of the city. Toe contracting city garbage and rubbish collector (Ord. 169 Art. IV§ 1I. 1973) shall furnish and file with the city a bond in the amount of one thousand dollars, with good and

rubbish permitted. perfonnance of his contract. (Ord. 169 Art. IV § 16, It is unlawful for any person to place or cause or 1973) permit to be placed in any receptacle in which gar- bage is placed for collection, any substance other 8.12.180 Container-Leaving on curb than garbage or rubbish as defined in Section unlawful. It is unlawful for any person to pennit any gar-

113 (Dos Palos 9-98)

8.12.180

bage or mbbish containers to be placed on or next 8.12,210 Fee-Review. to the curb except on the days garbage or rubbish Fees for business, industrial and mercantile es- is regularly collected. (Ord. 169 Art. N § 17, 1973) tablishments and for apartment houses, trailer camps, and other multiple unit housing establish-

A charge shall be imposed and collected from all the superintendent of public works and adjusted occupied premises within the corporate limits of the where necessary; provided, however, that any owner city for the collection, removal and disposal of or occupant may request such a review at any time garbage and rubbish or waste matter, and for the he feels the fee being charged is unjust. In the event inspection of premises by the duly constituted offi- of any dispute by the owner or occupant and the cer or employee of the city as fixed by resolution of superintendent of public works as to the propriety the council. Said charges shall be for making the of any fee determined by him, the matter shall be sanitary inspection of premises and for the collection decided by the council. The council shall likewise and removal of garbage and rubbish or waste matter determine what fees, if any, shall be charged in all resulting from the normal use of such occupied hardship cases. (Ord. 169 Art. V § 3, 1973) premises, and shall not be construed as preventing the city from imposing reasonable extra charges for 8.12.219 Penalties. • special inspection work or for the removal of exces- Failure to pay the sums determined in accordance sive amounts of garbage and rubbish or waste mat- with this chapter shall carry the same penalties as ter. Charges shall be paid at the same time and in those applicable to water service within the city. the same manner as water assessments are paid, and (q.v. 13.08.620). (Ord. 340 (part), 1997) all applicable rules and regulations governing the collection of water assessments shall apply in the 8,12.220 Penalty. collection of assessments for the collection of gar- When fees for any month are not paid by the bage and rubbish or waste matter. (Ord. 169 Art. V thirtieth day following the date of billing, they shall § l, 1973) be subject to a twenty-five percent penalty. This provision for penalty shall not be construed

Garbage rates and schedules shall be established in default for prosecution on account of failure to by resolution of the city council and published in a pay the fee as may be prescribed by this chapter or newspaper of general circulation in the city of Dos any pertinent ordinance in effect. (Ord. 169 Art. VI Palos. (Ord. 214 § 1, 1978: Ord 194 § 2, 1977; Ord.. § 1, 1973) 169 Art. V § 2, 1973)

All occupied residences d all locations with a debt due the city from and against any person business licenses in the ciy. shall pay for regular subject to the provisions thereof. Such persons shall refuse (garbage) service ( the rates established by be liable in a civil action in the name of the city as the city council by res tion. plaintiff in any court of competent jurisdiction for All home occupati ns shall pay for commercial the amount of the fee imposed by this chapter, for refuse (garbage) s ice at the commercial rate the costs of suit and for an attorney's fee in the sum established by th city council by resolution in of fifty dollars, which said sum, upon collection,· addition to ant. sidential refuse (garbage) service shall be deposited in the city treasury. (Ord. 169 rates charged t residential unit(s) attached or on the Art. VI § 2, 1973) sam~. lot o/rll el. (Ord. 321 (part), 1994)

(Dos Palos 9-9 ) 114

ORDINANCE 351 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE ADDING A NEW TITLE 8 1 CHAPTER 12, SECTION 204 AND ADDING A NEW TITLE 13, CHAPTER 04, SECTION 004 AND ADDING A NEW TITLE 13, CHAPTER 08, SECTION 004.

The city of Dos Palos hereby ordains that the following be added to the Dos Palos Municipal Code:

For the first six mon s of operation only, the basic monthly water billing for a bus~:;. ss which operates two days per week or less, with no more than/ hree employees, shall be half the cost of a regular water bi for the same type of business as conducted on a full-time basis Eligibility shall be determined by the number of operating day and employees reported annually at the time of business lie nse application or renewal. This section shall not apply to a of the following: A business operating more than two days in a one week regardless of the number of business operating hours; ;my shared business location; any individual, business or locat,j.,6n that has previously received this benefit; any home occupations; any business ore~'dential deposits; any delinquent fees; any late fees; any penal fees; or any other fees.

For the first six months f operation only, the basic monthly sewer billing for a business which operates two days per week or less, with no more than t ee employees, shall be half the cost of a regular sewer bill or the same type of business as conducted on a full-time basis. ligibility shall be determined by the number of operating days nd employees reported annually at the time of business lice e application or renewal. This section shall not apply to any of the following: A business operating more than two days in an one week regardless of the number of business operating hours; shared business location; any individual, business, or locati that has previously received this benefit; any home occu tions; any business or residential deposits; any delinquent fees; any late fees; any penalty fees; or any other fees. ' ' 8. 12. 2 04 Part-Tz;·m Business Garbage or Refuse Services. For the first si months of operation only, the basic monthly garbage or refu billing for a business which operates two days per week or le , with no more than three employees, shall be half the cost of a regular garbage or refuse bill for the same type of business as onducted on a full-time basis. Eligibility shall be determined y the number of operating days and employees reported annually the time of business license application or renewal. This sec on shall not apply to any of the following: A business operatin more than two days in any one week regardless of the

number of business operating hours; any shared business location; any individual, business, or locat·on that has previously received this benefit; any home occupatio s; any business or residential deposits; any delinquent fees; a y late fees; any penalty fees; or any other fees.

This ordinance shall become e fective on November 4, 1999, which is thirty days after its fina passage and adoption. Ordinance 351 shall be published withi fifteen (15) days after its final passage, by one (1) inser ion in The Dos Palos Sun, an adjudicated newspaper of generalzi ulation available within the City of Dos Palos.

The above Ordinance w. s introduced, following its first reading, on a motion by Council ember York, and seconded by Mayor pro Tempore Bonds, at a regula meeting of the Dos Palos city Council held on September 21, 199 and passed on a 5 - O vote.

A Public Hearin and second reading of Ordinance 351 were held at a regular meet ng of the City Council of the City of Dos Palos on October 5, 1 9. Ordinance 351 was then adopted on a motion by Councilmemb York, and seconded by Councilmember Montejano, and was adopte on a 3 - 0 vote of the members of the City Council as follows:

AYES: Westlake, York and Montejano. NOES: None.

ABSENT: Bonds and Maiorino.

APPROVED: ATTEST:

• .L.~~ ' /,1 ;_p~-1(;( Westlake, Mayor Alice Thompsorl, City Clerk I J

8.12.240

8.12.240 Nonowner deposit. The city's utility seIVices deposit is a condition to granting an applicant utility seIVice to the premis- es herein described, when the applicant is not the owner of the premises. A cash deposit seventy-five dollars is required, unless the owner undertakes in writing to be responsible to the city in the event of failure of the tenant to pay charges assessed by the city for water, sewer and garbage seIVices furnished the premises. The deposit will be refunded when the seIVices are discontinued, provided all charges to the applicant by the city have been paid, otherwise the same shall be applied on the account. (Ord. 247 § 2 (part), 1981)

115 (Dos Palos 9-98)

8.13.010

Chapter 8.13 building, marina, or residential building having five
or more living units, where solid waste is collected
COLLECTION AND LOADING OF and loaded and any residential project where solid
RECYCLABLE MATERIALS IN waste is collected and loaded in a location serving
DEVELOPMENT PROJECTS five or more living units.
2. Any new public facility where solid waste is

Sections: collected and loaded and any improvements for

required" means a project for which a building

Public Resources Code Section 429ll(a) requires 1. All new projects; and that by September 1, 1993, each local agency shall 2. Any single alteration of an existing project adopt an ordinance relating to adequate areas for requiring a building_ permit; and collecting and loading recyclable materials in devel- 3. Any sum total of alterations requiring a build- opment projects; the city of Dos Palos does ordain ing permit to an existing project conducted within as follows. (Ord. 315 (part), 1993) a twelve-month period. (Ord. 315 (part), 1993)

Cities and counties must divert fifty percent of all Any new development project for which an appli- solid waste by January 1, 2000, through source cation for a building permit is submitted on or after reduction, recycling, and composting activities. September 1, 1993, should consider including Diverting fifty percent of all solid waste requires adequate, accessible, and convenient areas for col- the participation of the residential, commercial, lecting and loading recyclable materials. industrial, and public sectors. Any improvements for areas of a public facility The lack of adequate areas for collecting and used for collecting and loading solid waste should loading recyclable materials that are compatible with consider including adequate, accessible, and conve- surrounding land uses is an impediment to diverting nient areas for collecting and loading recyclable solid waste and constitutes a need for state and local materials. agencies to address access to solid waste for source Any project for which an application for a build- reduction, recycling, and composting activities. The ing permit is submitted on or after September 1, ordinance codified in this chapter has been devel- 1993 for modifications that meet one or both of the oped to meet that need. (Ord. 315 (part), 1993) conditions below should consider including ade- quate, accessible and convenient areas for collecting

The following definitions shall apply to the lan- A. Modification to the project adds thirty percent guage contained in this chapter: or more to the existing floor area; or A. "Development project" means any of the B. The price of modification exceeds ten percent following: of the then current assessed value of the subject 1. A project for which a building permit is parcel. (Ord. 315 (part), 1993) required for a commercial, industrial or institutional

(Dos Palos 9-98) 116

8.13.050

8.13.050 Design standards. required by the municipal code to be constructed or Where provided, areas for recycling shall be maintained as unencumbered, according to fire and adequate in capacity, number and distribution to other applicable building and/or public safety laws. serve the development where the project occurs. Any recycling area(s) should be located so they Dimensions of the recycling area shall accommo- are at least as convenient as the location(s) where date containers consistent with current methods of solid waste is collected and loaded. Whenever feasi- collection in the area in which the project is to be ble, areas for collecting and loading recyclable ma- located. terials should be adjacent to the trash collection An adequate number of bins or containers to areas. allow for the collection and loading of recyclable When provided, each recycling area within a materials generated by the development should be multi-family residential development should be no located within the recycling areas of development greater than two hundred fifty feet from each living projects. unit. (Ord. 315 (part), 1993) Toe design and construction of recycling areas shall compatible with surrounding land uses. Recycling areas should be secured to prevent the theft of recyclable materials by unauthorized per- sons, while allowing authorized persons access for disposal of materials. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable. Driveways or travel aisles shall provide unob- structed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists. A sign clearly identifying all recycling and solid waste collection and loading ares and the materials accepted therein should be posted adjacent to all points of access to the recycling areas. Residential developers and property owners are encouraged to include recycling areas or systems within the residence; such as roll-out drawers below the sink for recycling receptacles; fireproof, clean- able, secure chutes from the living space to the space for collecting and loading recyclable materials, etc. Recommended internal storage space for individual living units of residential development projects is three cubic feet. (Ord. 315 (part), 1993)

Recycling areas shall not be located in any area

116-1 (Dos Palos 9-98)

8.15.010

Chapter 8.15 such person on the person's written promise to
appear in court. (Ord. 332 (part), 1995)
ARREST AND CITATION
AUTHORIZATION

The city council may by resolution authorize certain fire or police department personnel to exer- cise arrest and/or citation authority in specified misdemeanor violations, infractions, or code viola- tions. (Ord. 332 (part), 1995)

Each authorized person under this chapter, shall be qualified under California Penal Code 832(a) before exercising such authority. (Ord. 332 (part), 1995)

_ attorney. _ Each authorized person under this chapter, shall be appropriately instructed to deposit executed cita- tions or notices with the office of the Merced Coun- ty district attorney for court filing after review for legal sufficiency. (Ord. 332 (part), 1995)

Each authorized person under this chapter who has the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions hereof, arrest a person without a warrant whenever any such authorized person has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the authorized person's presence which he or she has the discretionary duty to en- force, and to issue a notice to appear and to release

116-2

Ordinance 380 Administrative Citation

ll.17.010 Purpose and Scope 8.17 .020 Amount of Fine