Article II — GENERAL PROVISIONS

(a)

No person or entity, without a contract or permit from the city shall remove or convey any discarded solid waste, including organic wastes or recyclables, or cause or permit to be removed or conveyed, any solid waste upon, over, or along any street in the city. No person shall drive, operate or cause to be

operated nor shall any person employ, permit or allow another to drive or operate or cause to be operated, any solid waste vehicle over any street of the city unless otherwise permitted regardless of whether such operation extends beyond the boundary limits of the city, without a permit first having been obtained from the city, except:

(1)

A vehicle being operated pursuant to a franchise issued by the authority of the California Public Utilities Commission or Interstate Commerce Commission.

(2)

Any vehicle operated by a governmental agency.

(3)

A solid waste vehicle, both of whose point of origin and destination are outside the city limits, provided it complies with the provisions of section 24-41.

(b)

It is unlawful for any person to deposit, cause or permit to be deposited, any solid waste upon or in any street or public right-of-way in the city or upon any property owned or leased by the city except in receptacles specifically approved for such purpose by the city.

(c)

It is unlawful to dispose of dirt, rocks, stones, or concrete in a receptacle that could cause personal or property damage to the authorized collector or the city. It is unlawful to dispose of solid waste in any manner that is offensive or would adversely affect the health, safety and welfare of the city.

(d)

All vehicles transporting solid waste in or throughout the city shall be adequately covered and/or otherwise equipped to prevent the blowing out of solid waste, leaking of liquids from solid waste or the falling of solid waste from moving vehicles upon the roadway and adjacent properties. Owners of such vehicles used in connection with the collection, removal, disposal, composting and/or recycling of solid waste within the city shall pay for and obtain all appropriate licenses, permits, fees, and other forms of permission including, but not limited, to a city business license pursuant to chapter 15 of the Code of the City of Fontana.

(e)

It shall be unlawful for a person or entity to engage in solid waste, organic waste, or recyclable materials collection or hauling, recycling, composting, or other related commercial activity, except where exempted by this chapter, without possessing an applicable unexpired, unsuspended, unrevoked franchise, contract, or permit to do so issued by the city agency and having paid the appropriate fees to the city.

(f)

No person, other than an authorized recycling agent of the city, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been segregated from solid waste materials and placed at a designated collection location in approved contractor's containers for the purposes of collection and recycling. No person shall be subject to an action for a violation of this section unless that person knows, or reasonably should know, that the materials would otherwise be collected by the city's authorized recycling agent for the purpose of recycling the materials. Nothing in this subsection limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials, provided that such donation, sale or disposal is in accordance with the terms and provisions of this chapter.

(g)

All persons in the city owning developed real property for residential use shall subscribe to the city's solid waste collection services, including organic waste and recyclable materials collection services, meeting the provisions of this chapter, unless granted a waiver pursuant to section 24-63 or a variance.

(h)

Every person in the city who has the occupancy, change or control of any non-residential, commercial/industrial use shall subscribe to commercial solid waste collection services pursuant to the provisions of this chapter unless granted a waiver pursuant to section 24-63 or a variance.

(Ord. No. 1890, § 1(Exh. A, § 24-3), 2-22-2022)

(a)

Storage areas. It is unlawful for any person to keep, accumulate or permit to be kept or accumulated, any solid waste in or upon any public or private place unless the same shall be in a container having a close-fitting cover. The container shall be closed at all times except when opened to be filled or emptied. It shall be the duty of the property owner to keep the solid waste container storage area clean and sanitary.

(b)

Frequency of solid waste, organic waste and recyclable materials pickup. All solid waste created, produced, or accumulated in or about a dwelling, house, or place of human habitation shall be removed from the premises at least once each seven-day period to an approved disposal facility. All solid waste created, produced, or accumulated at hotels, restaurants, boardinghouses, or other businesses where solid waste containing garbage is accumulated shall be removed from the premises at least twice each seven days to an approved disposal facility. All other solid waste shall be removed from the premises at least once each seven days to an approved disposal facility. The city manager may require a greater number of collections per week upon finding that an unhealthful, unsightly, or public nuisance condition is created by adhering to the customer's current collection frequency.

Pickup of recyclables shall be at made at the frequency specified by the city, unless the city manager determines that the uncollected recyclables may cause a nuisance and the city manager may require more frequent collection. The city manager may recommend to the city council that services by contract be provided on a more frequent basis than the minimums set forth herein.

(c) Container; manner of placement. Each collection container shall be kept on the premises of the person utilizing the container, except that on the days designated for collection, it shall be placed for collection as follows: 1) on the curb in front of the premises occupied by the person; or 2) on the curb at the side of the premises where the premises are adjacent to more than one street. When the premises is adjacent to a paved alley of sufficient width to allow easy passage of the collection trucks, the container may be placed within two feet of the rear property line of the premises, and must be readily accessible for collection from the alley or at such other location as approved by the city manager.

Each solid waste collection container that the customer wants picked up shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to commence in the district in which the premises are located, and shall not be placed earlier than 24 hours to the time that the collection is scheduled to commence, and shall not remain, when placed at the curb, for more than 12 hours after the time of collection.

(d)

Storage of containers shall be consistent with the city's general plan, zoning and development ordinances and other approvals.

(Ord. No. 1890, § 1(Exh. A, § 24-4), 2-22-2022)

Because various organisms, particularly insects and rodents, have been known to transmit pathogens in unsanitary, unattended or exposed solid waste, no person shall remove any material from any solid waste receptacle, including organic waste or recyclable materials containers, with or without the occupant's or property owner's permission. Therefore, the following shall be observed:

(1)

Preparation of household wastes. Wet refuse shall be placed in the designated containers in a manner that will not create a nuisance, odors and/or vector breeding.

(2)

Hazardous, infectious, toxic and dangerous wastes. No dead animals, human waste, infectious wastes, hazardous wastes, toxic wastes and/or dangerous materials (such as explosives) shall be placed in containers for disposal with ordinary solid waste, organic waste, or recyclable materials. Infectious wastes, hazardous wastes, toxic wastes, and other dangerous materials (including crankcase oils, solvents, wet paints, or similar materials) shall be stored and transported in accordance with all applicable federal, state and local codes.

(Ord. No. 1890, § 1(Exh. A, § 24-5), 2-22-2022)

(a)

Duty of person served to keep receptacles clean and sanitary. It shall be the duty of every person or business receiving residential and commercial solid waste collection service within the city to keep the solid waste receptacle(s) used for storage and collection in a clean, sanitary, and an unbroken condition.

(b)

Authorized receptacles and collection method for solid waste and recycling. In order to meet state organics and recycling mandates in the most cost- effective means possible, it is necessary to standardize the solid waste, organic waste, and recycling receptacles and collection. The city (or contractor) shall provide 30 days' notice of the change in standardized containers or collection method after which time only the approved, contractor- or city-provided standardized containers and collection method shall be used.

All receptacles used for municipal residential and commercial solid waste, organic waste, and recyclable materials collection shall be provided by the collector or by the city. After being emptied by the collector or the city, each receptacle shall be set down in an upright, quiet manner with a lid intact.

All single-family residences and multiple-dwellings of two to four units will be provided with at least one standardized solid waste, organic waste, and recyclable materials container per dwelling unit. Multiple-dwellings of five or more units shall use dumpster type containers unless otherwise approved by the city. The standardized containers shall be:

(1)

A size, type, color and material approved by the city in accordance with SB 1383 Regulations.

(2)

Owned by the contractor or the city; the containers' replacement costs are to be included in the rates.

(3)

Repaired and/or replaced at the contractor's expense upon notification by the city or on the contractor's own initiative.

Roll-off and dumpster containers shall be standardized and approved by the city.

(c)

Condemnation of containers. If the provisions of this chapter are not fully complied with, the collector or the city manager shall have a tag placed on the container or provide such other notification in accordance with the SB 1383 Regulations which states how the receptacle is out of compliance with this chapter. No collection shall be made therefrom until such container's cited deficiencies are corrected. In such event, replacement shall be provided within 24 hours.

(Ord. No. 1890, § 1(Exh. A, § 24-6), 2-22-2022)

Secs. 24-15—24-30. - Reserved.