Farmersville Municipal Code Ch. 8.04 Integrated Waste Management

Footnotes:

--- (1) ---

Editor's note— Ord. No. 460, §§ 1, 2, adopted October 28, 2014, repealed the former Ch. 8.04, §§ 8.04.010—8.04.100, and enacted a new Ch. 8.04, §§ 8.04.010—8.04.710 as set out herein. The former Ch. 8.04 was entitled "Garbage". See the Code Comparative Table and Disposition List for complete derivation.

This chapter may be referred to and cited as the "Integrated Waste Management Ordinance" of the City of Farmersville.

(Ord. No. 460, § 2, 10-28-2014)

A. The city must by law comply with relevant portions of the California Integrated Waste Management Act of 1989 (AB-939) and Jobs and Recycling Act of 2011 (AB-341) and the Short-lived Climate Pollutant Reduction Act of 2016 (SB 1383).

B. In some cases, fines of up to ten thousand dollars per day may be levied by the state against cities for failure to meet these state-mandated recycling goals.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

The purpose and declaration of intent of this chapter is to:

A. Establish within the city an orderly program for the collection, transportation and disposal of integrated waste, in order to promote the community's welfare, convenience, health and safety. The program is intended to accomplish the following:

1. Maintain a safe, controlled and cost efficient program, which serves as a convenience to the community and preserves the public's health and safety;

2. Comply with California Waste Management laws, i.e.:

a. The Integrated Waste Management Act of 1989 (AB-939).

b. The California Global Warming Solutions Act of 2006 (AB-32).

c. The Alternative Compliance Act of 2008 (SB-1016).

d. The Solid Waste: Diversion Act of 2011 (AB-341).

e. The Short-lived Climate Pollutant Reduction Act of 2016 (SB 1383).

3. Meet or surpass the State of California diversion requirements;

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

As used in this chapter:

"AB-341" means the Solid Waste: Diversion Act of 2011. It establishes a new diversion goal of seventy-five percent by the year 2020 and requires mandatory commercial business and multi-family recycling.

"AB-939" means the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.), requiring cities and counties to recycle fifty percent of solid wastes by the year 2000.

"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.

"Bottles" means and includes containers that hold beverages or food which have necks which are narrower than the rest of the container. It does not include those containers, such as tubs, which have a mouth that is wider than the rest of the container.

"Bulky items" means all discarded household waste matter that is too large to be placed in a cart or dumpster, including, but not limited to, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during "dump that junk" community clean-up events. Bulky items do not include hazardous waste.

"Cart" means:

A. An industry standard ninety-six gallon size receptacle for collection of solid waste, recyclable materials and green waste. Carts have wheels, a handle for ease of movement and a tight-fitting, attached lid, and are designed to be dumped manually or mechanically into a collection vehicle.

B. A gray, blue, or green collection can used for the storage and collection of solid waste.

"Cardboard" means and includes material primarily used for boxes with a corrugated inner layer.

"City" means the City of Farmersville.

"City council" means the City Council for the City of Farmersville.

"Collection" means taking physical possession of and removing discarded material (solid waste, green waste, recycling material and C&D debris) from the place of generation.

"Collection container" means a roll off bin, dumpster or cart that is provided, designated and serviced by the city or the hauler for the collection of solid waste, green waste, recyclables and C&D debris.

"Collector" means such city staff assigned to, or the waste hauler that has contracted with the city to, collect integrated waste and construction and demolition debris.

"Commercial business" means:

A. Any entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including, but not limited to: bars, offices, markets, manufacturing facilities, warehouse and distribution facilities, restaurants and other food establishments, food processing facilities, wholesale and retail sales establishments, institutional facilities, motels and hotels, theaters, medical offices, and gas stations, service stations, sports and recreational facilities, home improvement stores; and

B. Not-for profit organizations, including, but not limited to, churches, hospitals, and social service organizations.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined below 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).

"Construction and demolition debris" ("C&D") means the debris from used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement. (See Chapter 18.05).

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Customer" means the owner or occupant of real property receiving or required to receive waste collection services under this chapter.

"Designated source separated organic waste facility," as defined in 14 CCR Section 18982(14.5), means a solid waste facility that accepts a source separated organic waste collection stream as defined in 14 CCR Section 17402(a)(26.6)

"Dispose" means to dump, deposit, discharge, or unload waste either at the location it was generated or at another location, not including temporary storage at the place it was generated.

"Dumping" means to dump or place any waste upon any lot land or street.

"Dwelling" means any building, including a one-family, two-family, and multiple-family dwelling, designed or used for permanent residential occupancy by one or more persons.

"Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(l8). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982 (a)(l8). "Edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter 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.

"Electronic waste" shall have the same meaning as 22 C.C.R. § 66273.9 for consumer "electronic devices" that exhibit the characteristic of toxicity. Electronic waste includes, but are not limited to: computers, computer peripherals, telephones, answering machines, radios, stereo equipment, tape recorders, video cassette recorders (VCRs), compact disc players, calculators and televisions.

"Enforcement action" means an action of the jurisdiction to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"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), which 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 III 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.

"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).

"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 l 8982(a)(25), including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code;

B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

C. 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 chapter 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 chapter.

"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 food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.

"Front load waste bin" means a one-yard, two-yard, three-yard or six-yard metal container for the collection of solid waste or recycling.

"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.

"Gray container waste" means solid waste that is collected in a gray container that is part of a three-container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.l(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"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.

"Green waste" (also sometimes referred to as "compostables" or "yard waste") means a form of solid waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of solid waste. "Green waste" includes Christmas trees (cut to lengths of four feet or less if deposited in the green waste container) but does not include stumps or branches exceeding four inches in diameter or four feet in length, or trees (trees or tree branches over four feet in length should be cut to lengths of four feet or less).Green waste shall not include processed lumber (treated or untreated), yuccas, palm trees, cacti or weeds.

"Hauler" means the city's contracted waste hauler who is responsible to collect solid waste, recyclable, green waste, and construction and demolition within the city limits of Farmersville.

"Hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 3, Article 4, (most notably Section 17225.32) and Health and Safety Code Section 25117, or in the Comprehensive Environmental Responsibility Compensation and Liability Act (42 U.S.C. Section 9601, et seq., commonly known as CERCLA), or in their successor laws and regulations as may be amended from time to time, whichever definition is determined by the city as more inclusive.

"Household hazardous waste" shall have the meaning set forth in California Code of Regulations, Title 14, Division 7, Chapter 7, Article 1.1, Section 18502 or successor laws and/or regulations, as such provisions may be amended from time to time.

"Integrated waste" means solid waste, recyclables, green waste, electronic waste, white goods, scrap metal, universal waste, hazardous waste and medical waste.

"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 serves an average of more than two thousand 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, golf 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 chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter 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 chapter 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 chapter.

"Litter" means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, signs, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.

"Multi-family residential" means a residential structure having multiple residences. Under this chapter, it may be classified as residential (with individual billing for each residence) or commercial (with a single billing for each complex).

"NPDES" means National Pollutant Discharge Elimination System.

"Organic waste" includes material that is considered green waste or food scraps.

"Owner" means any person who owns, leases or rents a single-family residence, multiple-family residence, commercial or industrial property or an institutional facility or an authorized representative of an individual owner, a firm, corporation, co-partnership, joint venture, or association.

"Prohibited container contaminants" means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source 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.

"Recyclable material" means a material which has commercial value and which is sold for compensation or donated to an entity other than a solid waste contract agent or enterprise. "Recyclable materials" are not part of the waste stream. "Recyclable materials" lose their character as "recyclable materials" upon being disposed of in the waste stream, and become solid waste subject to this chapter.

"Recyclable solid waste" means a form of solid waste designated as a recyclable solid waste by the city, the California Integrated Waste Management Board, or other agency with jurisdiction, and which has been separated by a solid waste service recipient from nonrecyclable solid waste. "Recyclable solid waste" is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. The term "recyclable solid waste" includes both mixed recyclables which have been separated from other solid waste and source-separated single-category recyclable solid waste. "Recyclable solid waste" does not include those potentially recoverable items which are commingled with nonrecyclable solid waste, i.e., commingled solid waste and potentially recyclable articles or materials, or recyclable material.

"Recycle, recycled, recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting of recyclable materials that would otherwise be disposed of, and returning them to the economy in the form of raw reconstituted products.

"Recycling facility" means a facility that receives and separates material by material type and sales or transfers the material for reuse.

"Roll-off bin" means an open top, movable container with a typical size of ten, twenty, thirty, forty, or fifty yards, in which solid waste or construction and demolition debris are stored until removed from the premises.

"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 13.1 (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.

"Scrap metal" means any manufactured, solid metal objects and products, used, old or discarded wire, iron, brass, copper, aluminum, tin, steel, lead, zinc or similar metals, inoperable vehicle parts or accessories, inoperable machinery parts or accessories, pipe, or any other metals.

"Scavenge" means the unauthorized removal of any recyclable materials prohibited by California Public Resources Code Sections 41950 and 41951.

"Self-haul" means a person that transports waste that was generated upon the real property owned or occupied by that person. Self-haul of waste shall not occur more than twice per calendar year.

"Single-family residential" means an individual living unit having a bathroom and kitchen that is designed for occupancy exclusively by one family.

"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:

A. Hazardous waste, as defined in the State Public Resources Code Section 40141.

B. 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).

C. 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 and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other solid waste for the purposes of collection and processing.

"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator.

"Special waste" means and includes any materials that under current or future statute or regulation, require the application of special treatment, handling, or disposal practices beyond those normally required for solid waste. For the purposes of this chapter, "special waste" shall be deemed as all of the following: flammable waste; liquid waste transported in a bulk tanker; sewage sludge; pollution control process waste; residue and debris from the cleanup of a spill or release of chemical substances; contaminated soil; dead animals; manure; wastewater; explosive substance; radioactive substances.

"This chapter" refers to Chapter 8.04 of the FMC.

"This Code" ("FMC") means and refers to the Farmersville Municipal Code.

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

A. Supermarket.

B. Grocery store with a total facility size equal to or greater than ten thousand square feet.

C. Food service provider.

D. Food distributor.

E. 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 chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

A. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

B. Hotel with an on-site food facility and two hundred or more rooms.

C. Health facility with an on-site food facility and one hundred or more beds.

D. Large venue.

E. Large event.

F. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

G. 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 chapter.

"Transportation into city limits" means to bring any solid waste, green waste, E-waste or universal [waste] into the city limits from another jurisdiction.

"Universal wastes" are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. (22 California Code of Regulations, Div. 4.5, Chapter 23.) They include: mercury thermostats, switches and thermometers; batteries; fluorescent and high-intensity lamps; nonempty aerosol cans; certain consumer electronic devices; and cathode ray tubes such as those found in televisions and computer monitors.

"Waste tires" means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer's original specifications. A waste tire includes a repairable tire, scrap tire, altered waste tire, and a used tire that is not organized for inspection and resale by size in a rack or a stack in accordance with California Public Resources Code Division 30, Chapter 16, Section 42806.5, but does not include a tire derived product or crumb rubber.

"White goods" means any inoperative or discarded refrigerators, ranges, water heaters, freezers, washers, dryers, and other similar large household appliances.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

A. The city has the exclusive right and duty to collect garbage within the city but the city council may award only an exclusive contract to one or more qualified waste haulers to collect and manage integrated waste within the city. The contract(s) shall contain such terms, conditions and provisions as the city council deems appropriate to ensure that all waste collection complies with state law.

B. The hauler shall be responsible for assisting the city in meeting and maintaining the waste diversion goal requirements pursuant to California law, and in entering into a contract with the city to provide such services, acknowledges that it is accountable for meeting and maintaining the diversion goals.

C. All services provided by the hauler shall not constitute a "public work" and are not subject to California Labor Code sections 1720-1901.

D. The hauler must provide a bond payable to the city, in an amount set by resolution of the city council and in the contract to secure the faithful performance of the duties imposed by this chapter.

E. The city may in its sole discretion enter into more than one exclusive agreement with different haulers in which case there shall be more than one exclusive hauler contracted to remove integrated waste from the collection containers of single-family and multifamily residents, commercial and industrial businesses or institutional facilities within the city limits.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.060, which pertained to term of contract and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.070, which pertained to contract extension and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.080, which pertained to termination of exclusive waste hauler contract and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

The provisions of Section 8.04.050(A) shall not apply as set forth in this section:

A. Debris caused by an earthquake or other disaster when assistance of other persons is deemed necessary by the city;

B. Materials which are not integrated waste (e.g., untreated medical waste);

C. Integrated waste generated by governmental entities, including school districts, which may, by law, make independent arrangements for collection and disposal of integrated waste;

D. Any person holding a valid City of Farmersville business license to engage in the nursery or gardening business may remove shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from property within the city. Said business shall be required to submit quarterly tonnage reports to the city, unless lawfully deposited in the city green waste roll-off bin at the corporation yard; and

E. Any person holding a valid City of Farmersville business license as a tree trimming service to trim or remove tree's from property within the city. Said business shall be required to submit quarterly tonnage reports to the city, unless lawfully deposited in the city green waste roll-off bin at the corporation yard.

(Ord. No. 460, § 2, 10-28-2014)

A. Scope of coverage. All haulers shall be independent contractors and must be responsible to the city for the results of their work. The haulers must maintain throughout the term of the contract the following insurance:

1. Workers' compensation insurance. Workers' compensation insurance shall be maintained in accordance with the workers' compensation insurance and safety laws of the State of California.

2. Commercial general liability insurance. Commercial general liability insurance, including, but not limited to, coverage for bodily injury and property damage, shall be maintained in an amount of not less than one million dollars combined single limit. The City of Farmersville and its officers and employees must be named as additional insureds.

3. Commercial excess liability insurance in the amount of three million dollars. The City of Farmersville and its officers and employees must be named as additional insureds.

4. Comprehensive vehicle liability. Comprehensive vehicle liability insurance including, but not limited to, non-ownership and hired vehicle coverage, as well as owned vehicles with coverage for bodily injury and property damage and an MSC-90 endorsement including environmental restoration coverage for accidents during transportation, shall be maintained in an amount of not less than one million dollars combined single limit. The City of Farmersville and its officers and employees must be named as additional insureds.

5. Pollution liability. Pollution liability or sudden accidental pollution liability coverage shall be maintained in an amount of not less than one million dollars combined single limit. The City of Farmersville and its officers and employees must be named as additional insureds.

B. Certificates of insurance. The hauler must furnish the city with copies of such insurance policies and any endorsements thereto for approval by the city administrator. Thereafter, the hauler may substitute for same a certificate of insurance issued by the respective insurance company or companies certifying that such insurance policy or policies are in full force and effect.

C. No limitation of liability. The minimum amounts set forth in the contract for such insurance shall not be construed to limit the liability of the hauler to the city under the contract issued hereunder to the amounts of such insurance.

D. Licensed insurers. Insurance carriers providing coverage under this section shall be duly licensed to operate in the State of California and with a Best's Guide rating of "B" or better, or, in the alternative, an unlicensed, U.S. domiciled company with a Best's Guide Rating of "A," and shall be subject to approval of the city.

(Ord. No. 460, § 2, 10-28-2014)

A. The haulers must, prior to the issuance or renewal of the permit, secure and deliver to the satisfaction of the city a performance or cash bond in the amount of fifty thousand dollars. Said performance or cash bond shall serve as security for the faithful performance of all conditions and provisions of this chapter and the written agreement between each hauler and the city and shall be on terms acceptable to the city attorney. The bond must remain in force during the full term of the agreement with the city and all renewals thereof. Such bond must be obtained from an insurance company licensed to do business in the State of California and must be in a form approved by the city attorney. In no event shall the amount of such bond be construed to limit the liability of the hauler for damages.

(Ord. No. 460, § 2, 10-28-2014)

The contracted waste hauler must:

A. Ensure all drivers inspect their vehicles prior to commencing collection service to ensure that all equipment is operating properly. If at anytime a vehicle fails to operate properly, the hauler must remove the vehicle from service until repaired;

B. Ensure that all employees operating refuse vehicles, have in their possession, at all times, a valid California Commercial Vehicle Operator's License;

C. Ensure all collection vehicles are properly registered with the Department of Motor Vehicles and have a valid form of Commercial Vehicle Liability Insurance Policy;

D. All vehicles contain a suitable fire extinguisher, a broom and shovel;

E. Have routine bi-annual inspections conducted by the California Highway Patrol and certificates for the inspection filed with the city;

F. All vehicles and containers shall be properly marked with decals or insignias that include the haulers name, phone number and a vehicle identification number to be used to identify a driver;

G. Vehicles used for the collection and transport of solid waste and recyclable material shall have an enclosed compartment, be self-unloading and be originally constructed for the purpose of solid waste or recyclable material collection. Vehicles with a rated capacity of more than one and one-half tons (three thousand pounds) shall be equipped with audible, automatic backup warning devices;

H. The noise level of all collection vehicles during the stationary compaction process shall not exceed seventy-five dBA at a distance of twenty-five feet from the collection vehicle and at an elevation of five feet from the horizontal base of such vehicle.

I. Vehicles used for roll-off bin services shall have a cover over the holding compartment to contain the material and shall be equipped with audible, automatic backup warning devices.

(Ord. No. 460, § 2, 10-28-2014)

A. The hauler shall be responsible for damages it caused as a result of its acts or omissions under its agreement with the city including, without limitation, injuries or death to any person or damage to public or private property.

B. Except as provided in the contract for normal wear and tear, a hauler shall be responsible, at the hauler's sole expense, for any physical damage to private or public property caused by the negligent or willful acts or omissions of hauler's employees, agents, volunteers, or other individuals providing the services set forth in the contract.

(Ord. No. 460, § 2, 10-28-2014)

A. The hauler must immediately clean up any solid waste spilled or otherwise released or discharged into the environment during its collection, removal or transfer of solid waste within the city.

B. In the case of any liquid spillage, the hauler must immediately contain the spill and hire or utilize a street sweeping service to clean the spill.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.150, which pertained to required reports and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.160, which pertained to public education and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.170, which pertained to requirements for waste reduction and recycling services and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

The owners and occupants of real property within the city are required to separate their integrated waste into recyclables, green waste and solid waste, and (where applicable) place each type into the designated container for collection.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

The owners and occupants of every of every parcel of real property within the city containing a single-family residence must subscribe with the city for integrated waste collection services within seven days of the occupancy or change of ownership of the premises and pay the lawful established collection rate for the removal of all solid waste, discarded recyclables and organic waste from such premises in accordance with all applicable provisions of this chapter.

This section shall not apply to the State of California, any of its various subdivisions, the city and any governmental entity that demonstrates that it is immune to regulation by the city.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

The owners and occupants of every parcel of real property containing an occupied multi-family residence complex, commercial, industrial or institutional facility or office within the city, are jointly and severally responsible to subscribe with the city for integrated waste collection services within seven days of the occupancy or change of ownership of the premises and to pay the lawful established collection rate for the removal of all solid waste, organic waste and recyclables from such premises in accordance with all applicable provisions of this chapter. This section shall not apply to the State of California, any of its various subdivisions, the city and any governmental entity that demonstrates that it is immune to regulation by the city.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

In addition to subscribing to the city's collection services, generators that are commercial businesses, including multi-family properties of five units or more, must arrange for the following:

A. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors to conform to the collection programs subscribed to through the franchisee or otherwise.

B. Commercial businesses, excluding multi-family dwellings, shall provide containers for the collection of 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 the franchisee; or

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 to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

C. Commercial businesses, excluding multi-family dwellings, shall, to the extent practical through education, training, inspection and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee's collection service.

D. Commercial businesses, excluding multi-family dwellings, shall periodically inspect 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).

E. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of discarded materials.

F. Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to place designated materials in designated containers, the location of designated containers, and the associated rules governing their use at each property.

G. Provide or arrange access for city or its agent to their properties during all inspections required to confirm compliance with the requirements of this chapter.

H. Commercial businesses, including multi-family dwellings, that subscribe to landscaper services shall provide to the city all information required to determine if these collections satisfy SB 1383 requirements, in the form and format required by the city. In order to be compliant with SB 1383, all every single-family residence, multi-family residence complex, commercial, industrial or institutional generators of solid waste shall be required to source separate materials into grey, blue, and green containers.

(Ord. No. 513, 12-13-2021)

A. In order to be compliant with SB 1383, all every single-family residence, multi-family residence complex, commercial, industrial or institutional 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 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.

(Ord. No. 513, 12-13-2021)

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 chapter 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 waste subject to collection in a blue container or green container comprises less than twenty 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 ten 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 five 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 chapter.

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.

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.

(Ord. No. 513, 12-13-2021)

A. Tier one commercial edible food generators must comply with the requirements of this section 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:

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 chapter 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).

(Ord. No. 513, 12-13-2021)

A. The hauler must immediately notify the city if it suspects that a resident or business is refusing or failing to comply with mandatory integrated waste collection service requirements pursuant to Sections 8.04.180, 8.04.190 and 8.04.200 of this chapter.

B. The city shall investigate and if confirmed may initiate the following tiered compliance enforcement to the extent permitted by applicable laws:

1. Residential real properties.

a. The city shall issue a notice to terminate integrated waste collection services to the owner, occupant, or owner-occupant at the address provided upon the utility service application with the intent to educate the resident regarding mandatory compliance with State of California Integrated Waste Management laws as administered in this code and provide seven business days to comply with this code;

b. If the owner, occupant, or owner-occupant continues to refuse or fails to comply with this code after the issuance of the notice to terminate integrated waste collection services listed above; the city shall require the hauler to remove all integrated waste collection containers;

2. Non-residential and commercial real properties.

a. The city shall issue a notice to terminate integrated waste collection services to the business owner at the address provided upon the submitted business license application with the intent to educate the business owner regarding mandatory compliance with State of California Integrated Waste Management laws as administered in this code and provide seven business days to comply with this code;

b. If the business owner continues to refuse or fails to comply with this code after the issuance of the notice to terminate integrated waste collection services listed above, the city shall require the hauler to remove all integrated waste collection containers;

c. Concurrently, the city shall issue a notice to terminate water and sewer services to the business owner at the address provided upon the submitted business license application providing fifteen business days to comply with this code;

d. If the business owner continues to refuse or fails to comply with this code after the issuance of the notice to terminate water and sewer services; water and sewer services to the residence may be terminated to the extent permitted by applicable laws;

e. Concurrently, the city shall issue a notice to revoke business license to the business owner at the address provided upon the submitted business license application providing seven business days to comply with this code;

f. If the business owner continues to refuse or fails to comply with this code after the issuance of the notice to revoke business license, the license to operate a business for said business shall be revoked pursuant to Section 5.04.090 of this code.

C. If the resident or commercial business owner at anytime agrees to fully comply with the mandatory integrated waste collection services, the city shall reinstate all terminated services upon the submission of a utility services compliance application signed by the resident or commercial business owner.

D. The resident or business shall be exempt from the enforcement of this section if it can demonstrate to the city's satisfaction that the property is not occupied or utilized.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.220, which pertained to consolidated utilities and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

A. Integrated waste collection shall be initiated in conjunction with water and sewer services.

B. Removal of collection containers shall not be allowed until the businesses or residence has cancelled their consolidated utilities and vacated the premises.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.240, which pertained to other collection services and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

All integrated waste will be collected as follows:

A. Single-family residential customers shall have their integrated waste collected once a week as established in the service contract between the city and the hauler. All containers shall be removed from the curb side by six p.m. on collection day.

B. Multi-family residential, commercial and industrial properties shall have their integrated waste collected once a week as established in the service contract between the city and the hauler or the customer and hauler.

C. When the collection day falls on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, the hauler must elect one of the following options:

1. Collect on the holiday; or

2. Collect one day prior to or one day after the holiday.

D. Solid waste and recyclable materials shall not be collected on any holiday when the county disposal site is closed.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.260, which pertained to missed service collections and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.270, which pertained to emergency collection and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.280, which pertained to privacy and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

A. The city council may, by resolution set the rates, fees and charges for integrated waste collection.

B. The rates may be modified from time to time by resolution of the city council and in accordance with all applicable laws.

(Ord. No. 460, § 2, 10-28-2014)

A. Unless otherwise decided by resolution of the city council, the city shall provide all services directly related to billing and collecting customer integrated waste charges. In so doing, the city is acting as an agent of the contracted hauler.

B. An advance deposit shall be required for all new accounts.

C. In the case of nonpayment of the consolidated utility bill, and to the extent permissible under applicable law, the city reserves the right to cease delivery of water and/or integrated sewer service pursuant to Section 8.04.210 of this code until the nonpayment has been corrected.

D. Any person who owes any amount on any delinquent accounts to the city on either a closed or current account may not open a new utility account until all such delinquent accounts have been paid in full.

(Ord. No. 460, § 2, 10-28-2014)

A. The contracted hauler shall provide collection containers for integrated waste management.

B. It is unlawful for any resident, commercial or industrial business and institutional facility to use any collection container which is not identified as belonging to or provided by the contracted waste hauler or the city.

C. The number and size of containers must be adequate to contain the refuse generated upon the premises.

D. All containers must be stored with the tops securely closed to reduce odors and to prevent any solid waste or discarded recyclable materials from falling out.

(Ord. No. 460, § 2, 10-28-2014)

The city or the hauler is authorized to inspect any collection container for violations of this chapter.

(Ord. No. 460, § 2, 10-28-2014)

A. It is the duty of every customer receiving integrated waste collection service within the city to keep the provided collection containers clean and sanitary.

B. Except for the integrated waste collected by the contracted hauler, every customer is responsible for the cleanup of any and all waste that is released, spilled, leaked, dumped or disposed into the environment regardless of the cause.

C. It is the duty of every customer who has a solid waste container to keep the area where the container is located in a clean, safe and sanitary condition.

(Ord. No. 460, § 2, 10-28-2014)

A. In the event a customer's collection container is destroyed, the hauler must replace said container within one business day after receipt of notice thereof.

B. It is unlawful for any person to use or misuse any collection container in any manner which causes damage to any part thereof or impairs its use for its intended purpose.

C. It is unlawful for any person to deface or vandalize any collection container.

D. The costs to replace or repair a collection container damaged in a manner prohibited by this section, shall be added to the customer's monthly utility bill.

E. Any person who violates Subsection 8.04.340(C) shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10. The violator shall also be civilly and strictly liable for the costs to repair or replace each container.

(Ord. No. 460, § 2, 10-28-2014)

A. Any unauthorized collection container which was not provided by the contracted hauler or the city shall be summarily abated as a public nuisance by the city or the waste hauler.

B. The customer shall have the right to reclaim the container within forty-eight business hours, otherwise the container shall be deemed abandoned and disposed of as unclaimed property. Upon reclaiming the unauthorized container, the customer must be advised to refrain from the future usage of such container.

C. Subsequent usage of any unauthorized collection containers after so warned constitutes an infraction, punishable as set forth in Section 1.12.010(A) of this code.

(Ord. No. 460, § 2, 10-28-2014)

All integrated waste collection containers shall be properly maintained by the hauler or the city if there is no contracted hauler. Containers for solid waste and recyclables must be of an adequate size and in sufficient numbers to contain, without overflowing, all the material that a household or other establishment generates within the designated removal period.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person, other than the property owner, renter or leasee to remove any collection container from the subscribing location.

B. The exception to Section (A) above is any city employee or the contracted hauler in performance of their duties.

C. Any person who violates Subsection 8.04.370(A) above shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10. The violator shall also be civilly and strictly liable for the costs to replace each container.

(Ord. No. 460, § 2, 10-28-2014)

Required minimum collection container capacity shall be as follows:

A. Multi-family residential complexes, commercial or industrial businesses and institutional facilities shall receive front load waste bins for solid waste and a recycling collection.

B. The size and number of the bins will be determined by the amount of material generated.

C. Carts may be used in lieu of front load waste bins.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

A. Any person owning, controlling or maintaining any premises within the city shall keep all front load bins within the confines of bin enclosures at all times except when the bins are being emptied by the disposal service operator.

B. The interior dimension of the enclosure shall be not less than twelve feet wide, eight feet deep and six feet high with a minimum four inch thick concrete slab and a minimum six foot concrete apron at the opening. In any case, each enclosure shall be designed to contain a solid waste, recycling, and organics bin(s) adequate for the expected level of service to that property.

C. The enclosure shall be designed and located to allow direct unobstructed access for the hauler.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

Required minimum collection container capacity shall be as follows:

A. Additional carts may be requested by the residential customer for an additional fee.

B. Carts may be utilized for multi-family or commercial business.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, amended § 8.04.400 and in doing so changed the title of said section from "Toter service" to "Cart service," as setout herein.

A. On collection days all loaded carts shall be placed in the street at the gutter line adjacent to such premises in a manner that does not block any travel way, parking lot entrance or gutter flow. Loaded containers ready for collection shall not be set out before six p.m. on the day prior to the regular collection day.

B. Where collection occurs in an alley, carts shall be placed along side and within ten feet of the alley.

C. It is unlawful to place any cart collection container upon any sidewalk, which by its placement impedes or obstructs pedestrians.

D. Provisions shall be made for the easy access of the hauler, with no obstacles for the hauler to collect the material.

E. If the customer is disabled or elderly, the hauler shall assist the customer with "walk-up" services.

F. Carts must be removed by six p.m. on the day of collection and placed on the side yard where they are not visible to passersby.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, amended § 8.04.410 and in doing so changed the title of said section from "Toter placement location" to "Cart placement location," as setout herein.

A. Roll-off bin service shall not be utilized to replace normal solid waste or curbside commingled recyclables collection and transportation service.

B. Roll-off bin service may be utilized to transport commercial recyclables stored in roll-off bins, enclosed roll-off type bins and compactor roll-off type bins.

C. Roll-off bins shall be completely enclosed with a rigid, nonabsorbent cover or tarp while transporting solid waste, recyclable materials, organic materials, specialty recyclable materials, or construction and demolition debris during transportation.

D. Roll-off bins shall be identified with the name and telephone number of the service provider and shall be equipped with reflectors or reflective markings on each exterior corner.

E. Customers with a permit to build or deconstruct a building structure within the city limits shall obtain a roll off bin from the hauler for separation of material.

(Ord. No. 460, § 2, 10-28-2014)

A. Pursuant to California Public Resources Code Section 41950(c), recyclable solid waste and recyclable materials become the property of the hauler upon being placed curbside into a collection container;

B. It is unlawful for any person to remove any solid waste or recyclable material from a solid waste or recyclable container that is intended for collection by the hauler as part of its solid waste collection and curbside recyclables collection program;

C. It is unlawful for any person to remove any solid waste or recyclable material that has been tied, boxed, bagged, bundled and placed for collection by the hauler as part of its curbside recyclables collection program;

D. Nothing in this chapter shall limit the right of an individual person, organization, or other entity to retain, donate or sell recyclable material, provided that any such donation, sale or disposal is in accordance with the provisions of this chapter.

(Ord. No. 460, § 2, 10-28-2014)

The city shall have the authority to enforce this section.

A. It is unlawful for any person other than the hauler to remove from the curbside collection container, any recyclable material.

B. It is unlawful for any person other than the hauler or an employee of the city to remove from any city provided collection container at curbside, any recyclable material.

C. Any person violates Subsection 8.04.440(A) or (B) is guilty of an infraction or a misdemeanor punishable in accordance with Section 1.12.010 of this code. The unauthorized collection from multiple collection containers within the city shall constitute a separate and distinct offense.

(Ord. No. 460, § 2, 10-28-2014)

Editor's note— Ord. No. 513, adopted Dec. 13, 2021, repealed § 8.04.450, which pertained to nonprofit recycling fundraiser permit and derived from Ord. No. 460, § 2, adopted Oct. 28, 2014.

A. It is unlawful for any person owning, managing or having the control of any premises or vacant lot or any person occupying a dwelling within the city to permit the accumulation or hoarding of any putrescible solid waste longer than seven days.

B. It is unlawful for any person owning, managing or having the control of any premises or vacant lot or any person occupying a dwelling within the city to permit the accumulation or hoarding of non-putrescible bulky waste for longer than a six month period.

C. No person occupying, owning or in control of any premises shall permit integrated waste to accumulate, or to blow about in a manner which creates an unsightly appearance or a safety or health hazard.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to remove or transport for financial gain any solid waste, recyclable material or C&D debris upon any public street, alley or other public place within the city. The prohibitions of this subsection shall not apply to any person employed by the city for the purpose of removing or transporting solid waste or to any person with whom the city has a contract for the removal, transport or disposal of solid waste or to any employee of such contractor during the unexpired term of such contract.

B. Residents of single-family or multi-family dwellings, commercial and industrial businesses or institutional facilities or offices within the city may self-haul any hazardous waste from any such location directly to any hazardous waste facility.

C. Nothing in this chapter shall be taken as forbidding or curtailing a resident of a single-family or multi-family dwelling, a commercial and industrial business or an institutional facility or office within the city to self-haul bulky items or to transport their own recyclable material to a lawful recycling center.

D. Any person self hauling any waste shall be responsible for tracking, reporting the tonnage and submitting a copy of each weigh ticket or documentation to the city.

E. Vehicles utilized for self-haul must be adequately covered to prevent the material overflow and dumping.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to import into the city integrated waste that was generated in another jurisdiction with the intent to discard the waste into any collection container or onto the property of another within the city.

B. To prove intent, it is only necessary to prove the importation of integrated waste into the city and that said waste was placed within reasonable proximity to any front load bin, cart, roll-off bin or vacant lot.

(Ord. No. 460, § 2, 10-28-2014; Ord. No. 513, 12-13-2021)

A. It is unlawful for any person to discard any solid waste material into any recyclables or green waste collection container.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to throw, deposit, place, dump or sweep any litter or integrated waste upon the right-of-way of any public highway, street, alley, park or banks of any stream or dry watercourse, or upon the property of another person, inhabited or uninhabited, within the city.

B. It is unlawful for any person to bury any integrated waste of any kind on any premises or in any public place or right-of-way within the city.

C. No person shall deposit any household or commercial business solid waste or other material into any solid waste or recycling containers utilized by the city for its own operational solid waste needs.

D. It is unlawful for any person to place solid waste in, or to otherwise use the bins or containers of another person.

E. It is unlawful for any person to place into any collection container any live or hot coals, ashes or other burning materials or chemicals that can cause a fire.

F. Any person who violates Subsections (A), (B) or (E) of FMC Section 8.04.500 shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10. The violator shall also be civilly and strictly liable for the costs to repair or replace each container.

(Ord. No. 460, § 2, 10-28-2014)

It is unlawful for any person to dispose of solid waste or C&D material into any city sanitary sewer system, storm drain system, plumbing fixture or pipe connected thereto.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to cause, allow, aid, suffer or maintain any open burning of any integrated waste of any kind on any premises or in any public place or right-of-way within the city including, but not limited to, in any barrel, can, pit, fireplace or similar container or enclosure.

B. Subsection (A) of this section shall not apply to the following when there is no integrated waste burned in the process:

1. Barbecues or similar cooking devices while being used for the cooking of food for human consumption, and not for the burning of waste materials;

2. Comfort heating by use of a fireplace or wood stove that is not being used for the burning of waste materials;

3. Pathological-type incinerators or furnaces used by licensed hospitals, veterinary hospitals, crematoria or similar establishments for the incineration of body parts, bandages, animals or related refuse;

4. Controlled fires for the purpose of training firefighters;

5. Personal use of cigarettes, cigars or pipes;

6. Fire-fed lighting and heating devices such as candles, water heaters and lanterns.

C. Any person who violates Subsection 8.04.520(A) shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to discard the carcass of any deceased canine, feline, domesticated fowl or any other animal into any collection container.

B. Notwithstanding the prohibitions contained in Subsection (A) above, birds or rodents, fish or other aquatic animals not exceeding three pounds in weight may be placed into a solid waste container, provided it is first placed into a plastic bag with the opening secured.

C. Notwithstanding the prohibitions contained in Subsection (A) above, the entirety or remains of any food source bird, animal or aquatic life which was purchased from a grocer or meat vendor may be disposed of in the solid waste collection container, provided it is first placed into a plastic bag with the opening secured.

D. Any person violates Subsection 8.04.530(A) is guilty of an infraction or a misdemeanor punishable in accordance with FMC Section 1.12.010.

(Ord. No. 460, § 2, 10-28-2014)

A. The hauler shall screen at the point of collection all collection containers using the appropriate means of inspection, to eliminate where practical, the contamination of known or suspected hazardous waste.

B. If hazardous waste is found within the container, it shall not be collected. The hauler shall immediately notify the customer of the hazardous waste violation and educate the customer regarding the proper disposal of hazardous waste material.

C. The customer shall be required to remove said hazardous waste if safely able to.

D. Invoice for costs. In addition to or in absence of a fine, any violator of this section shall be required to pay an invoice of costs for any expenses associated with correction or remediation of violations of this section.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful to discard any explosive, highly flammable, toxic, or other hazardous material into any collection container or to dump or bury the same on any parcel or pour down any sanitary sewer or storm drain system.

B. Curbside hazardous waste disposal services may be provided at the discretion of the hauler or per contract with the city. Such services may be provided in a limited or extensive capacity. If hazardous waste collection services are provided, the hauler shall:

1. Provide a list to all customers of the accepted hazardous waste material;

2. The proper method of disposal;

3. The accepted amounts to dispose;

4. The location for placement and collection.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful to discard any household hazardous waste into any collection container or to dump or bury the same on any parcel or pour down sanitary sewer or storm drain system.

B. Household hazardous waste may be taken to the Visalia Household Hazardous Waste Collection Center, 335 North Cain Street, Visalia, California, 559-733-6441 (free of charge as of the date of this section).

C. Any person who violates Subsection 8.04.560(A) shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful to dispose of or discard any pharmaceutical drugs or hazardous medical waste into any integrated waste collection container or into the sanitary sewer or storm system.

B. All unwanted or unused prescription and over the counter drugs may be delivered to the Farmersville Police Department during normal business hours for the lawful disposal at no charge to the resident.

(Ord. No. 460, § 2, 10-28-2014)

A. It is unlawful for any person to dispose of, abandon or dump any automobile, truck or bicycle tires or any other type of tire upon any private or public property.

B. All automotive service stations and tire dealers within the city must retain and lawfully dispose of all used tires that were replaced during the course of vehicle servicing.

C. Any person who violates Subsection 8.04.580(A) shall be guilty of an infraction or a misdemeanor and subject to the penalties in FMC Section 1.12.10.

(Ord. No. 460, § 2, 10-28-2014)

No provision of this chapter shall prevent any business engaged in the process of destroying or disposing of secret, confidential, or sensitive documents from transporting and disposing of such documents by shredding, lumping or other lawful means, as a part of such document destruction or disposal service.

(Ord. No. 460, § 2, 10-28-2014)

A. New and substantially remodeled commercial, industrial and multifamily residential uses shall be designed to include space for the storage of integrated waste collection containers on the premises.

B. This section shall be implemented by the planning director, city engineer and building inspector during the processing of building and land-use permits required under the provisions of this Code or the Farmersville Zoning or Subdivision Ordinances.

(Ord. No. 460, § 2, 10-28-2014)

Pursuant to the provisions of California Penal Code, section 836.5 the following officers and employees of the city are hereby authorized to issue citations for enforcement of this chapter:

A. Code enforcement officers;

B. Sworn peace officers; and,

C. Firefighters.

(Ord. No. 460, § 2, 10-28-2014)

A. Except where otherwise specified, any person who violates any provision of this Chapter is guilty of an infraction punishable in accordance with Subsection 1.12.010(A) of this code.

B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any such violation is committed, continued or permitted by such person, firm, partnership or corporation.

C. Pursuant to Government Code § 36904, any person convicted of littering within the city must, in addition to any fine and restitution ordered by the court, must be sentenced to at least ten hours of roadside cleanup duty within the city.

D. Unless a violation is prosecuted as an infraction or misdemeanor, each violation of this chapter shall be subject to an administrative fine and citation, governed by Chapter 1.13 of the Farmersville Municipal Code. An administrative citation may be issued in addition to pursuit of other remedies such as abatement or injunctive relief. Administrative fines and penalties that become due and payable shall be separate and independent of any nuisance abatement service charge.

(Ord. No. 460, § 2, 10-28-2014)

A. For purposes of this chapter, identifying information such as names, telephone numbers, or addresses that appear on any item of litter, in any pile of trash or in a cross contaminated collection container may be used as evidence to establish a rebuttable presumption that a person or entity whose information, as described above, was found on any item of litter, in any pile of trash or in any collection container, debris or other articles found on public or private property, is responsible for the littering or dumping of the item(s). Upon establishment of such rebuttable presumption, the burden of proof shall shift to the person or entity to present appropriate evidence to establish that the same actually did not litter or dump the item(s).

B. Violations of this section shall require the reimbursement for full expenses to the city for the removal of said items and disposal to the extent authorized by FMC Chapter 8.08 or applicable statutes.

(Ord. No. 460, § 2, 10-28-2014)

The city shall pay the sum of two hundred dollars to any person who supplies credible information that leads to the arrest and conviction of any person violating Subsections 8.04.480(A), 8.04.500(A) or (B), 8.04.510, 8.04.520(A), 8.04.550(A), 8.04.560(A), 8.04.580(A).

(Ord. No. 460, § 2, 10-28-2014)

All remedies provided for in this chapter are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 460, § 2, 10-28-2014)

A. Unless otherwise expressly provided by this code, any person adversely and directly affected by any determination made or action taken by the director of public works or his/her designee, any police officer, firefighter or code enforcement officer pursuant to the provisions of this article may file with the city clerk an administrative appeal to the city manager or designee within fifteen days following the determination made or action taken.

B. If no appeal is filed within the time prescribed, the determination or action shall be final.

(Ord. No. 460, § 2, 10-28-2014)

In addition to or in absence of a fine, any violator of this chapter shall be required to pay an invoice for costs for any services and expenses associated with correction or remediation of violations of this chapter. Such service fees shall be set forth in the master fee schedule adopted by resolution of the city council.

Each customer with a solid waste container shall be responsible to reimburse the city for the actual cost of the removal, storage and disposal. All amounts due to the city for the cost of the removal, storage and disposal must be paid before the solid waste container is returned to the customer. The costs incurred by the city for removal, storage and disposal shall constitute a debt owed to the city by the owner and occupant, who shall be liable therefore in an action by the city for the recovery of such amounts.

(Ord. No. 460, § 2, 10-28-2014)

In accordance with all applicable laws, the city may levy a monthly NPDES/street sweeping fee upon every residential customer, commercial or industrial business and institutional facility in the city for street sweeping services. The NPDES/street sweeping fee shall be apportioned among and collected from solid waste customers in an amount determined by the city council in the city's master fee schedule. Under no circumstances shall the revenues generated by this fee exceed the actual cost of providing the service.

(Ord. No. 460, § 2, 10-28-2014)

The violation of any provision of this chapter by any person is hereby declared to be unlawful and a public nuisance that may be abated in accordance with the procedures in FMC Chapter 8.08.

(Ord. No. 460, § 2, 10-28-2014)

A. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

B. Neither the city nor the city council, or any employees shall be held liable for any accident, damage, or neglect of any kind or nature arising out of the collection, transport, processing or disposal of refuse, recyclables and green waste by the hauler. The hauler shall, pursuant to its hauler agreement, carry the necessary accident insurance provided for under the laws of the state for the benefit of its employees.

(Ord. No. 460, § 2, 10-28-2014)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be subsequently declared invalid or unconstitutional.

(Ord. No. 460, § 2, 10-28-2014)