Hawthorne Municipal Code Ch. 8.16 Solid Waste and Recycling

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Authorized haulers"

means franchisee or persons, including corporate entities, that are permitted, licensed, franchised or otherwise authorized pursuant to official action of the city to provide collection services in the city.

"Bins"

means containers capable of being emptied with front end loading vehicles, such as three-yard bins.

"Bulky waste"

means solid waste that cannot be contained within a container, including discarded furniture (such as chairs, sofas, mattresses and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); electronic equipment (including stereos, computers, and VCRs and other similar items commonly known as "brown goods"); residential woody wastes (including wood waste, tree branches, scrap wood); and tires.

"C&D debris recycling"

means the recycling of C&D debris generated at commercial premises comprised of sites or premises that generate C&D debris.

"CalRecycle"

means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions (and others).

"California Code of Regulations" or "CCR"

means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR ).

"Cart"

means a polyethylene wheeled container with a hinged lid and wheels serviced by an automated or semiautomated collection truck with a capacity of no less than thirty and no greater than one hundred one gallons.

"City"

means the city of Hawthorne, a municipal corporation acting through its city council, and all the territory lying within the municipal boundaries of the city.

"City enforcement official"

means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this chapter.

"Collect" or "collection"

means to take physical possession, transport, and remove discarded materials within and from the city.

"Commercial"

means comprised of a business, including any retail outlet, financial establishment, commercial warehouse, manufacturing facility, professional office, hotel or motel and automobile courts, hospital or other health care facility, any nonprofit organization, (such as any church or club), and any multifamily dwellings comprised of five units or more.

"Commercial edible food generator"

includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Sections 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).

"Compliance review"

means a review of records by a city to determine compliance with this chapter.

"Community composting"

means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

"Compost"

has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.

"Compostable plastics " or "compostable plastic"

means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

"Container(s)"

means all types of discarded materials containers, including carts, bins, and roll-off boxes.

"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).

"Construction and demolition debris" or "C&D debris"

means any combination of inert building material and solid waste material resulting from building, construction, alteration, repair, or demolition, as defined in 22 CCR, including asphalt, brick, stone, cement, lumber, plaster, carpeting, drywall, plastic pipe, steel, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements or on any residential or commercial buildings or other structures. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging; roofing material, ceramic tile, carpeting, plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.

"Customer"

means a generator that contracts for collection services and enters into a service agreement with a franchised authorized hauler for collection services.

"Designee"

means an entity that a city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Director"

means the city's director of public works.

"Discarded materials"

means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste.

"Disposal," "dispose," or "disposed"

means the ultimate disposition of solid waste collected at a landfill or otherwise in full regulatory compliance.

"Divert" or "diversion" (or any variation thereof)

means to prevent discarded materials from disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic digestion or other method of processing.

"Edible food"

means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this 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.

"Enforcement action"

means an action of the city to address noncompliance 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 city 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 city, 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 city, 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 multifamily 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. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services.

"Food distributor"

means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility"

has the same meaning as in Section 113789 of the Health and Safety 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 18982(a)(25), including, but not limited to:

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

A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and

A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

"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. Food scraps is a subset of food waste.

"Food service provider"

means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper"

is paper products that have come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper does not include noncompostable paper. Food-soiled paper is a subset of food waste.

"Food waste"

means all kitchen and food scraps, animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; food-soiled paper; fruit waste, grain waste, dairy waste, meat, and fish waste, which has been source separated from other solid waste. Food waste is a subset of organic materials and excludes hazardous materials.

"Food waste self-hauler"

means a self-hauler who generates and hauls, utilizing their own employees and equipment, an average of one cubic yard or more per week, or six thousand five hundred pounds or more per quarter of their own food waste to a location or facility that is not owned and operated by that self-hauler. Food waste self-haulers are a subset of self-haulers.

"Franchisee"

shall mean any person, persons, firm or corporation to whom a franchise has been granted by the city for the collection, processing, recycling and/or disposal of discarded materials.

"Generator"

means a person or entity that is responsible for the initial creation of one or more types of discarded materials.

"Grocery store"

means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route"

means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"High diversion organic waste processing facility"

means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

"Holiday"

means days designated from time to time by the director, including New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

"Incident"

with respect to violations, means a single act prohibited by this chapter or omission of an act required by this chapter.

"Inspection"

means a site visit where city or their designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of recyclable materials, organic waste, solid waste, or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"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.

"Local education agency"

means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multifamily residential dwelling" or "multifamily"

means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Multifamily recycling"

means the recycling of recyclable materials generated at multifamily premises.

"MWELO"

refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

"Non-compostable paper"

includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity"

means the following entities that are not subject to the City's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

Special district(s) located within the boundaries of the city, including (insert names of special districts).

Federal facilities, including military installations, located within the boundaries of the city, including (insert names of federal facilities).

Prison(s) located within the boundaries of the city, including (insert names of prisons).

Facilities operated by the state park system located within the boundaries of the city, including (insert names of state park facilities).

Public universities (including community colleges) located within the boundaries of the city, including (insert names of universities).

County fairgrounds located within the boundaries of the city, including (insert names of fairgrounds).

State agencies located within the boundaries of the city, including (insert names of state agencies).

"Notice of violation (NOV)"

means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic materials"

means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing. Organic materials are a subset of organic waste.

"Organic materials container"

shall be used for the purpose of storage and collection of source separated organic materials.

"Organic waste"

means solid wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Paper products"

include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Premises"

means and includes any land, building and/or structure, or portion thereof, in the city where discarded materials are produced, generated, or accumulated. All structures on the same legal parcel, which are owned by the same person shall be considered as one premises.

"Printing and writing papers"

include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants"

means the following: (1) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container; (2) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container; (3) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and (4) excluded waste placed in any container.

"Recovered organic waste products"

means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery"

means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recyclable materials"

means materials, by-products, or components of such materials set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of recycling.

"Recyclable materials container"

shall be used for the purpose of storage and collection of source separated recyclable materials.

"Recycled-content paper"

means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Regional agency"

means regional agency as defined in Public Resources Code Section 40181.

"Regional or county agency enforcement official"

means a regional or county agency enforcement official, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement official.

"Remote monitoring"

means the use of the Internet of Things (IOT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.

"Renewable gas"

means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"Residential"

references single-family dwellings and multifamily dwellings less than five units.

"Responsible party"

means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single-family premises, multifamily premises, or commercial premises.

"Restaurant"

means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Roll-off containers"

means containers for collection of residential, commercial and industrial solid waste and C&D debris, loaded and unloaded by pulley, winch or other means from a flatbed truck.

"Route review"

means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"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.

"SB 1383 regulations" or "SB 1383 regulatory"

means or refers to, for the purposes of this chapter, the ShortLived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Scavenging"

means the unauthorized collection, removal of, or possession of recyclable materials intended for collection by the city or an authorized hauler.

"Self-haul"

means to act as a self-hauler.

"Self-hauler"

means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator's or responsible party's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Solid waste"

has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including refuse, trash, 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 semi-solid wastes, with the exception that solid waste does not include any of the following wastes:

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

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).

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.

Recyclable materials, organic waste, and construction and demolition debris when such materials are source separated.

"Solid waste container"

shall be used for the purpose of storage and collection of solid waste.

"Source separated" or "source-separated (materials)"

means materials, including commingled recyclable materials and organic 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 the chapter, source separated shall include separation of materials by the generator, responsible party, or responsible party's employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.

"Source separated organic materials"

means organic materials that are source separated and placed in an organic materials container.

"Source separated recyclable materials"

means recyclable materials that are source separated and placed in a recyclable materials container.

"State"

means the state of California.

"Supermarket"

means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator"

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

Supermarket.

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

Food service provider.

Food distributor.

Wholesale food vendor.

"Tier two commercial edible food generator"

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

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

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

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

Large venue.

Large event.

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.

A local education agency facility with an on-site food facility.

"Uncontainerized green waste and yard waste collection service" or "uncontainerized service"

means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

"Violation"

means breach of or failure to timely and fully comply with any provision of a recycling permit, this chapter or any other applicable law, ordinance or regulation of any public agency.

"Waiver holder"

means a commercial premises that may apply for a waiver under Section 8.17.230. Under these circumstances, the city manager or their designee may issue special written permits (waivers) authorizing variations from the provisions of this chapter. Special written permits include de minimis waivers and physical space waivers.

"Wholesale food vendor"

means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

"Yard waste" or "yard trimmings"

means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal.

(Ord. 1766 § 2, 2003; Ord. 1770 § 2, 2003; Ord. 2120 §§ 1—3, 2016; Ord. 2226 § 1, 2021)

No person shall dump, place or bury in any lot, land or street, or in any alley, or in any water or waterway, any discarded materials or substance condemned by the health officer or the city, or any other deleterious or offensive substance; provided, however, that this section shall not apply to any land used by the city for a disposal or reclamation site.

(Prior code § 9-801; Ord. 2226 § 1, 2021)

A. No person owning or occupying any building, lot or premises shall allow any solid waste to collect and remain upon said lot or premises except as provided for in Section 8.17.080; provided, however, that this provision shall not be construed as interfering with building under a building permit during the course of construction and within a reasonable time thereafter, or with the piling of wood neatly piled for kitchen or household use.

B. No person shall sweep, deposit, throw or place solid waste in the public right-of-way, nor shall any person cause solid waste already in the public right-of-way to be collected in the gutter or storm drain openings.

C. Every person licensed to do business under the provisions of this code shall keep and maintain a clean, sanitary and refuse free premises, including the public right-of-way abutting said premises. Failure to do so shall be grounds of revocation of license pursuant to the provisions of Chapters 5.02 through 5.12 and Chapter 5.16.

(Prior code § 9-802; Ord. 2226 § 1, 2021)

No person shall place the body of any dead animal in any street or park or in any discarded materials container. The bodies of any dead animals shall be promptly removed as directed by the city manager. In case the owner of such dead animal is known and removal is accomplished by the city, said owner shall pay the cost of removal of such animal. The city manager shall fix the charges to be paid for the removal of dead animals.

(Prior code § 9-809; Ord. 2226 § 1, 2021)

All discarded materials shall be collected, removed and disposed of in such a manner as not to be needlessly offensive or filthy in relation to any person, place, building, premises or street. No authorized hauler or self-hauler shall use any cart or vehicle for the conveyance of solid waste, filth, offal of any kind, or any offensive matter, unless the cart or vehicle is staunch and watertight. The container or vehicle used by the authorized hauler shall be kept clean, well made, and in good repair.

(Prior code § 9-811; Ord. 2226 § 1, 2021)

In all cases of disputes or complaints arising from or concerning the place where the discarded materials containers shall be placed while awaiting the removal of their contents or with respect to service provided under any franchise issued by the city, the city manager shall forthwith designate the place, and his decision shall be final.

(Prior code § 9-812; Ord. 1766 § 10, 2003; Ord. 2226 § 1, 2021)

Scavenging is prohibited in the city. No person, other than authorized haulers, may remove recyclable materials that have been segregated from other solid waste materials and placed at the collection location for the purposes of collection and recycling. Unless otherwise authorized by the city in writing, recyclable materials may not be removed from such location by anyone other than an authorized hauler.

(Ord. 1766 §§ 18—19, 2003; Ord. 2226 § 1, 2021)

Nothing in this chapter shall limit the right of any person to donate or sell their own recyclables.

(Ord. 1770 § 2, 2003; Ord. 2226 § 1, 2021)

A. No Other Powers Affected. This chapter does not do any of the following:

1. Otherwise affect the authority of the city or its designee to take any other action authorized by any other provision of law.

2. Restrict the power of a city attorney, district attorney, or the Attorney General to bring in the name of the people of California any criminal proceeding otherwise authorized by law.

3. Prevent the city or designee from cooperating with, or participating in, a proceeding.

4. Affect in any way existing contractual arrangements including franchises, permits, or licenses previously granted or entered into between the authorized haulers and city.

B. Cumulative Remedies. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized haulers to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized haulers. The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms, or corporations using or chargeable for such services and shall be collectible in the manner provided by law.

C. Liability. 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).

(Ord. 2120 § 3, 2016; Ord. 2226 § 1, 2021)

The degree of protection required by this chapter is considered to be reasonable for regulatory purposes. The standards set forth in this chapter are minimal standards and do not imply that compliance will ensure safe handling of recyclable materials, organic materials, or solid waste. This chapter shall not create liability on the part of the city, or any of its officers or employees, for any damages that result from reliance on this chapter or any administrative decision lawfully made in accordance with this chapter. All persons handling discarded materials within the boundaries of the city should be and are advised to conduct their own inquiry as to the handling of such materials. In undertaking the implementation of this chapter, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. 2120 § 3, 2016; Ord. 2226 § 1, 2021)

Subject to the limitations of due process and applicable requirements of state or federal laws, and notwithstanding any other provisions of this chapter, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(Ord. 2120 § 3, 2016; Ord. 2226 § 1, 2021)