Article 2 — General Regulations

A. Property owners liable for solid waste service (garbage) charges to their properties:

1. The property owner, as determined by the real property tax roll of the Butte County Assessor, is liable for payment of garbage waste charges for services furnished to the property by the city.

2. The liability of the property owner for these charges exists even if the user of the solid waste service is not the owner of the property. An occupant other than the owner may pay the charges on the behalf of the owner.

3. It is the responsibility of the owner of the real property to provide the city Finance Director with the current billing address and to notify the city Finance Director of any changes of address.

4. The fees for the collection, removal and disposal of solid waste such as garbage, rubbish, recyclables and green waste established by this article shall be payable to the city, notwithstanding that the accumulator of such garbage, rubbish, and green waste elects not to use the city's garbage collection, removal, and disposal services.

B. All solid waste generated, produced or accumulated in or about a dwelling, house or place of human habitation in the city or accumulated at hotels, restaurants, boardinghouses or other place of business situated in the city shall be placed in a container and removed from the premises and disposed of by the franchisee at least once a week.

C. No person may deposit solid waste or containers upon any street, alley, gutter or parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.

D. It is unlawful for any person to place solid waste, plant materials, or refuse of any type in any container other than their own, unless the person has written permission from, or is acting as agent for the person or entity in lawful control of such container, or is the solid waste franchisee designated by the city.

E. It is unlawful for any person, other than a peace officer in the performance of his or her duty, to open, enter, or remove items from a solid waste, recyclable materials or plant materials container located on public or private property unless that person is the person or entity in lawful control of such container, or has written permission from the person or entity in lawful control of such container.

(Ord. 785-2009, § 1, 2009; Ord. 701-2000, § 1(part)).

All containers shall be provided and maintained as follows:

A. The owner or tenant of any residential property in the city shall provide and maintain containers for the reception, removal and disposal of solid waste as specified in this section unless otherwise provided by the franchisee.

B. All containers shall be watertight, constructed of a material of suitable strength and durability and shall be tight seamed. Paper bags and cardboard containers shall not be used as containers for the disposal of solid waste.

C. the standard size container for residential services shall be thirty-two gallons. the combined weight of the container and contents shall not exceed sixty-five pounds unless the container is designed and the franchisees' vehicles are equipped for mechanical lifting.

D. Occupants of commercial premises shall place solid waste in containers that shall be:

1. Leak proof, and provided with a lid.

2. Constructed of non-combustible materials.

3. Approved by the fire department as providing adequate protection against fire hazard.

E. Upon implementation of a city approved curbside recycling or plant materials program, occupants of residential premises that receive service from a curbside recycling or plant materials hauling franchisee shall separate and place curbside recyclables and plant materials in containers that comply with the city approved program.

F. No occupant shall so fill any container with solid waste, plant materials, or recyclable materials above the top of the container.

(Ord. 701-2000, § 1(part)).

Occupants of residential premises shall place containers for collection of solid waste, plant materials and recyclable materials by a franchisee as follows:

A. A container for the purpose of reception and removal of solid waste, curbside recyclables or plant materials shall be placed by the occupant at the curb in front of the premises. Physically impaired customers shall have the option of placing their containers near their dwelling and the franchisee shall pick up the materials at that location.

B. In all cases of disputes or complaints concerning the placement of containers the City Administrator shall designate the locations subject to review by the City Council.

C. Occupants shall not place containers at the curb for collection by a franchisee at any time other than the days established by the franchisee for the collection of such solid waste, plant materials or recycling materials on the particular route involved or earlier than sunset of the day preceding the day designated for collection. All containers shall be removed from the place of collection prior to 12:00 midnight of the day the containers have been emptied.

D. Each occupant of residential and commercial premises shall maintain supervision over containers on their premises and shall maintain such containers in a sanitary condition. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the franchisee, occupant should immediately notify the franchisee or the city and it shall be the duty of the franchisee to arrange for the collection and disposal of the solid waste, plant materials and/or recyclables.

E. No person other than the waste generator or any authorized employee, franchisee, or permittee of the city shall move, remove, or interfere with any container or its contents.

(Ord. 701-2000, § 1(part)).

No person may store or accumulate any solid waste in a container or at a location other than as set forth in this chapter, or for any length of time other than as follows:

A. A solid waste collection franchisee shall collect solid waste from the curbside and dispose of all solid waste generated at residential premises within the city and delivered for collection, not less than once per week.

B. A solid waste collection franchisee shall collect and dispose of all solid waste generated at multi-family residences, commercial and industrial premises within the city and delivered to a container for collection not less than once per week. If such waste is putrescible and delivered for collection to a drop box, it also will be collected not less than once per week. If such waste is non-putrescible and delivered) for collection to a drop box, it will be scheduled with the waste generator for collection.

C. Other than as set forth in this chapter, it is unlawful for any person to dump, bury, or otherwise dispose of or store or accumulate any solid waste on any private or public property within the city, provided, however, that leaves, grass clippings, and the like may be permitted for the purpose of home composting or mulching.

(Ord. 701-2000, § 1(part)).

A franchisee or waste generator disposing of its own solid waste shall dispose of solid wastes at a disposal site or processing facility in a manner satisfactory to the city and in accordance with all federal, state and local laws and regulations, and the franchise agreement.

(Ord. 701-2000, § 1(part)).

A. The removal of wearing apparel, bedding or other infectious waste from homes, hospitals or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the county health officer and such infectious waste shall not be placed for regular collection and disposal.

B. Highly flammable, explosive/radioactive, or other hazardous waste shall not be placed in containers for regular collection and disposal, but shall be removed by separate agreement(s), at occupant's expense, in accordance with all federal, state and local laws and regulations with a company properly licensed and permitted for the collection and disposal of inflammable, explosive/radioactive or other hazardous waste.

C. If the franchisee determines that waste placed for collection or disposal is hazardous waste, designated waste, or other waste that may not legally be disposed of at the disposal site or presents a hazard to franchisee's employees, the franchisee shall have the right to refuse to accept such waste.

D. Animal waste, as herein defined, shall not be placed in containers for regular collection and disposal, but shall be removed, at the occupant's expense, by separate agreement with a company properly licensed in accordance with all federal, state and local laws and regulations.

E. The franchisee shall not be required to collect and dispose of hot ashes, animal feces, dead animals, abandoned vehicles, or solid waste from any place where highly infectious or contagious disease has prevailed; nor explosive substances, radioactive materials, drugs, poisons or any material defined by the State of California or federal law as "hazardous waste."

F. All ashes, when placed for collection, shall be cold and free from any fire, live coals, or other substances which might ignite.

(Ord. 701-2000, § 1(part)).

A. No solid or designated waste shall be burned within the city except in incinerators of a type approved in writing by the fire chief.

B. No person shall dump, place or bury any solid or designated waste, or any other, deleterious or offensive substances provided, however, that this section shall not apply to any land used by the city for a disposal site or to any privately owned parcel wherein a specific waiver of this section is granted by resolution of the City Council due to unusual or extraordinary conditions.

C. No person may dump or spread solid or designated waste on the surface of the ground for drying, except for home composting.

• (Ord. 701-2000, § 1(part)).