Madera Municipal Code Ch. 3 Garbage, Refuse and Recycling

(A) For the purposes of this chapter, SOLID WASTE means any of a variety of materials, which are discarded or rejected as being worthless and includes, but is not limited to garbage, rubbish, or offal.

(B) For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTHORIZED AGENT. The city or any private party authorized by written agreement executed by the city to collect solid waste, including recyclables and green waste from residential and/or commercial customers within the city limits.

COMMERCIAL/INDUSTRIAL BINS. Bins provided by a contract agent, usually one to six cubic yards, more or less in capacity, designed for the deposit of solid waste, placed by an authorized agent at commercial premises for the collection of commercial solid waste and charged at commercial rates. COMMERCIAL BINS do not include construction and demolition bins placed at residential premises.

COMMERCIAL/INDUSTRIAL PREMISES. All premises in the city, other than residential premises, where commercial/industrial solid wastes are generated or accumulated.

COMMERCIAL/INDUSTRIAL SOLID WASTE. All types of solid waste, including organics and recyclable solid waste, generated or accumulated at commercial premises and placed in commercial bins for accumulation and collection. COMMERCIAL SOLID WASTES do not include residential solid waste.

CONSTRUCTION AND DEMOLITION DEBRIS (C&D). Disposal materials resulting from construction, remodeling, repair, clean up, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, §§ 66261.3 et seq. This term includes but is not limited to asphalt, concrete, cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel, as well as vegetative matter resulting from land clearing and landscaping including but not limited to rock, soil, and tree stumps.

FRONT YARD. The front yard zoning setback of any dwelling or property as determined by the Zoning Code.

GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking, and serving of food. This term specifically does not include food processing wastes from canneries, slaughterhouses, packing plants or similar industries, and does not include large quantities of condemned food products.

GREEN/YARD WASTE MATERIAL. The following materials to be collected by the city through its authorized agents: waste at their source of generation which are derived from plant material, including, but limited to, leaves, grass, clippings, weeds, tree trimmings, untreated wood waste, or shrubbery cuttings.

HAZARDOUS WASTE. Any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), being 42 U.S.C. §§ 9601 et seq., and all future amendments to either, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE shall be construed to have the broader, more encompassing definition.

INDUSTRIAL REFUSE. The solid waste materials from factories, processing plants, and other manufacturing enterprises, including condemned animals or parts of animals from slaughterhouses or similar places.

NONCOMBUSTIBLE SOLID WASTE. Ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will not incinerate through contact with flame of ordinary temperature.

OFFAL. Those animals that die naturally from disease or are accidentally killed but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.

ORGANIC WASTE. The term "organic waste" means "organic waste" as defined in Cal. Pub. Res. Code § 42649.8. In particular, it means "food waste, green waste, landscape and pruning waste, non-hazardous wood waste, and food-soiled paper waste that is mixed in with food waste.

ORGANIC WASTE GENERATOR. The term "organic waste generator" means "organic waste generator" as defined in Cal. Pub. Res. Code § 42649.8 and a business subject to Cal. Pub. Res. Code § 42649.81(a).

RECYCLABLE MATERIAL. A material which has commercial value and which is sold for compensation or donated to an entity other than a solid waste authorized agent or enterprise. RECYCLABLE MATERIALS lose their character as RECYCLABLE MATERIALS upon being disposed of in the waste stream and become solid waste subject to this chapter.

RECYCLABLES/RECYCLABLE MATERIAL. Shall mean the following materials to be collected by the city through its authorized agents: newspaper, tin, aluminum, glass, plastic (polyethylene teraphthelate and high density polyethylene plastic) and cardboard.

RECYCLABLE SERVICE. The process, by written agreement with an authorized agent, by which recyclable materials are placed in special containers, normally blue in color, at curbside by residential and commercial customers for collection by the city's authorized agent.

RECYCLABLE SOLID WASTE. 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 over solid waste, 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.

REFUSE. All putrescible solid waste, semisolid, and liquid waste, including garbage, trash, refuse, paper, ashes, and any other solid and semi-solid waste. REFUSE does not include hazardous waste or radioactive waste.

RESIDENTIAL. All single-family residences and those multi-family residences (including mobile home parks) which have curbside or alley capability and are designated by the City Administrator for recyclable and green/yard waste collection.

(‘61 Code, § 5-3.01) (Ord. 326 N.S., passed - -; Am. Ord. 605 C.S., passed 12-1-93; Am. Ord. 643 C.S., passed 10-4-95; Am. Ord. 715 C.S., passed 3-15-00; Am. Ord. 842 C.S., passed 8-20-08; Am. Ord. 970 C.S., passed 4-1-20)

(A) All occupied premises within the city shall have refuse and recycling collection services for the collection, removal, and disposal of refuse and recycling of recyclable materials produced upon the premises for which services a charge shall be collected. The charges for such services shall be based upon the average volume of refuse and recycling of materials presented for disposal and from the services necessary in order to facilitate recycling collection and refuse disposal as determined by the City Administrator or his/her designee. All charges for these services shall be established by resolution of the Council pursuant to the provisions of this chapter, which resolution shall provide for additional charges for special services over and above those contemplated in this chapter. If any customer is delinquent in payment for services for 90 days or more, the city may remove any or all waste containers.

(B) The charges referred to herein shall be delinquent on the first day of the month following the month for which such charges shall be due. If any such charge remains delinquent over one calendar month, there shall be added to such charge a base penalty of 10% which shall be collectible at the time of payment of such charge. In addition, if such charge and such base penalty remain unpaid after the first day of the third month after which such services were rendered, an additional penalty of one half percent (.05%) per month for nonpayment of the charge and the basic penalty shall be added to the amount due. Collection of the penalties provided for herein shall be made by the Director of Finance at the time of the payment of the base charge. The charges for service referred to herein furnished by the city shall constitute a lien against the lot or parcel of land against which the charge was imposed if such charge remains delinquent for a period of 60 days, and the Director of Finance is directed to include a statement on the bill to each property owner notifying such owner of the lien provided for by this section. In the event refuse service and recycling service is provided to property not occupied by the owner thereof, and the occupant is being billed and charged therefor, and payment for such service has been guaranteed by the property owner, the Director of Finance is authorized and directed to notify such owner of any delinquencies hereunder upon their occurrence.

('61 Code, § 5-3.02) (Ord. 326 N.S., passed - - ; Am. Ord. 641 C.S., passed 9-20-95; Am. Ord. 643 C.S., passed 10-4-95; Am. Ord. 715 C.S., passed 3-15-00)

Any person owning or occupying any building, lot, or premises in the city shall not allow or permit any refuse of any kind to collect and remain upon any such lot or premises; provided, however, the provisions of this section shall not be construed to limit the use of lots or buildings under construction. Every contractor or builder engaged in the erection or repair of a building shall provide a receptacle at, or near, such building for the disposal of any garbage or other refuse produced by the employees or workmen engaged in such construction or repair. Such receptacle shall be furnished by the authorized agent.

('61 Code, § 5-3.04) (Ord. 326 N.S., passed - - ; Am. Ord. 715 C.S., passed 3-15-00)

The city shall ensure that organic waste generators shall comply with the requirements in Chapter 12.9 of Part 3 of Division 30 of the Cal. Pub. Res. Code (§ 42649.8 et seq.) as may be amended regarding organic waste recycling. The city shall provide notice to any organic waste generator that fails to comply with this section. The city may enact administrative rules and regulations to provide for the compliance of this section.

(Ord. 970 C.S., passed 4-1-20)

No person shall throw or deposit any refuse upon the premises of any other person or upon any street, alley, or other public place in the city except at such times and places as may be authorized by the Council with respect to the collection and disposal of rubbish.

('61 Code, § 5-3.06) (Ord. 326 N.S., passed - - ; Am. Ord. 199 C.S., passed 3-7-73)

No person shall place, deposit, or keep in any refuse container designated for municipal pickup any of the following: dead animals; wearing apparel, bedding, or other refuse from any home or place where any highly infectious or contagious disease has prevailed; explosive substances; radioactive materials; drugs; or poisons. The owner or occupant of any premises wherein or whereon any such items are located shall forthwith notify the County Health Officer and shall dispose of such items in accordance with his or her direction.

('61 Code, § 5-3.07) (Ord. 326 N.S., passed - - )

It shall be the duty of the City Administrator or his/her designee to enforce the provisions of this chapter and control the storage, collection, and disposal of refuse in the city as provided by this chapter. The City Administrator is authorized and directed to prepare and publish regulations concerning the days of collection, location of waste containers, and other regulations reasonably necessary pertaining to the collection and disposal of waste within the city consistent with the purposes of this chapter, but in no event shall collection service be less often than once a week. The City Administrator and his/her designees shall have the power and authority to enter all premises during reasonable hours for the purpose of determining whether or not the provisions of this chapter are being carried out.

('61 Code, § 5-3.08) (Ord. 326 N.S., passed - - ; Am. Ord. 641 C.S., passed 9-20-95)

In accordance with § 1-2.01 of the Madera Municipal Code, violation of this chapter is specifically declared to be a misdemeanor and not an infraction. Furthermore, the city shall have authority to impose a fine of not more than $500 for a first violation; a fine of not more than $750 for a second violation; and a fine of not more than $1,000 for a third and each subsequent violation.

(Ord. 783 C.S., passed 7-6-05; Am. Ord. 970 C.S., passed 4-1-20)

No person other than an owner or any officer, employee or authorized agent of the city shall interfere in any manner with any container used for the accumulation of refuse, nor shall remove any such container from its location upon the owner's property, or adjacent to the owner's property if collection service is provided from an alley or street right-of-way, nor shall any person remove the contents from any such container.

('61 Code, § 5-3.10) (Ord. 326 N.S., passed - - ; Am. Ord. 715 C.S., passed 3-15-00)

No person, except officers and employees of the city and authorized agents, shall move or transport any garbage from any residential unit in the city upon, across, or along any public street, alley, or other public place in the city. The City Administrator is authorized to issue permits for the hauling of non- residential garbage to those persons who make an application for such a permit and who secure a special written permit approving the hauling by such person from the Health Officer. Nothing in this chapter shall be construed to prohibit any person from transporting any rubbish from premises within the city owned or controlled by him so long as all the provisions of this chapter relating to the preparation and containment of rubbish are met, and so long as no leakage, spillage, or escape of such refuse shall occur during such transportation.

('61 Code, § 5-3.11) (Ord. 326 N.S., passed - - ; Am. Ord. 641 C.S., passed 9-20-95; Am. Ord. 715 C.S., passed 3-15-00)

Special disposal service shall be offered for the collection and disposal of refuse too large in size or quantity to fit into an approved container, and for refuse that does not comply with the rules and regulations pertaining to refuse collection and disposal (except for the materials described in § 5-3.07 of this chapter), and for service requested at times different from the regular established route times. The rules and regulations pertaining to such special disposal service and the charges therefor shall be as established by resolution of the Council.

('61 Code, § 5-3.12) (Ord. 326 N.S, passed - - ; Am. Ord. 199 C.S., passed 3-7-73)

(A) The City Council may award an exclusive contract for the collection of solid waste within the city. Such an exclusive contract may be awarded with or without bidding under Cal. Pub. Res. Code § 40059.

(B) Only the city and its authorized agents, employees, or persons holding a permit, or contract for the collection of garbage and rubbish in the city, shall have the right to gather and collect the solid waste.

(C) The collection of garbage and rubbish in the city without first complying with this section is a violation of the City Municipal Code.

(Ord. 605 C.S., passed 12-1-93)

(A) Every producer of garbage, rubbish, and recyclable materials may segregate the same into garbage and rubbish and recyclable materials. When recyclable materials are so segregated, they may be given or sold to a collector of recyclable materials.

(B) For the purposes of this section, RECYCLABLE MATERIALS means those materials that may be economically collected, sorted, cleaned, treated, reconstituted, and returned 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 that would otherwise become solid waste.

(Ord. 605 C.S., passed 12-1-93)

All blue bags to be used in connection with recycling services described herein are to be acquired and paid for by the recycling customer. The customers shall separate and place recyclables in the gray solid waste container in the manner specified by resolution.

(Ord. 643 C.S., passed 10-4-95; Am. Ord. 715 C.S., passed 3-15-00)

Except for the city and or its authorized agents, it shall be unlawful for any other person to pick up, collect, take, appropriate or remove any recyclables/recyclable materials from any waste container after it has been placed at curbside/alley by the customer for collection under these provisions of the City Municipal Code.

(Ord. 643 C.S., passed 10-4-95; Am. Ord. 715 C.S., passed 3-15-00)

(A) The city shall provide containers to the customer for the sole purpose of collecting solid waste and/or green/yard waste. Containers are considered the property of the city and damage or destruction of such containers is prohibited and considered vandalism. Normal wear of containers is expected. Normal wear is considered to be equal to the condition of 90% of the containers placed in the city.

(B) The responsibility for the care and allowable contents of the containers are as follows:

(1) No part of the container shall be removed or altered from the condition first delivered to the property to be served.

(2) Containers shall not be removed from the property first delivered. Removal of containers shall be considered theft of private property.

(3) The placing of materials that will damage the containers is prohibited. Such materials include but are not limited to: hot ashes, hot briquettes, corrosive materials or chemicals, heavy sharp objects, large rocks or concrete, batteries, or automotive oils or fluids.

(4) The customer may be issued a new container by the city to replace any container that is damaged beyond the normal wear. The charge for the cost of the replacement container shall be borne by the customer in an amount established by resolution of the City Council.

(Ord. 715 C.S., passed 3-15-00)

If, after levying such fines as allowed by resolution for failure to comply with the green/yard waste recycling program, the person continues to violate the provisions of this section, the city may remove the green/yard waste container and replace it with another refuse container for the purpose of normal collections. The person shall be charged for the additional container consistent with the rates for collection established by resolution of the City Council.

(Ord. 715 C.S., passed 3-15-00)

(A) Restoration of green/yard waste container and collection service may be granted by the City Engineer. The customer shall request restoration of service by filing a written request with the City Engineer.

(B) If the customer disagrees with the decision of the City Engineer, the customer may appeal the decision to the City Council. The customer shall receive written notice at least ten days prior to the hearing for consideration of the restoration of green/yard waste container and collection service to the customer. The Council will hear and consider any written and oral evidence of the customer concerning the restoration of the green/yard waste container and collection service prior to making a decision.

(Ord. 715 C.S., passed 3-15-00)

Authorized collection containers shall be placed at the curb of a public street on the travelway side of the curb or the edge of the travelway if no curb is present on the day of collection or the property's rear alley, if existing and authorized by the City Engineer. The containers shall be readily accessible to the collection vehicle and not blocked by any vehicle or other obstacle that would prohibit collection.

(Ord. 715 C.S., passed 3-15-00)

Containers shall be removed from the point of collection and placed on the customer's property between the front yard setback line and the rear yard fence. Removal of the containers from their pick- up location shall be accomplished not later than midnight on the day of collection.

(Ord. 715 C.S., passed 3-15-00)

(A) Notwithstanding any other provision of this chapter, it shall be mandatory for every solid waste collection customer in the city to participate in the program of sorting of green/yard waste from garbage prior to the pickup of garbage, facilitated by and through the city. There shall be separate collections for green/yard waste and for garbage, on a schedule to be determined by the city.

(B) The city retains the right to levy a fine, the amount of which is to be reasonable and determined by resolution, against any customer who fails to comply with the following provisions:

(1) It is unlawful to fail to sort the green/yard waste from garbage prior to the collection of garbage, or to place any garbage other than green/yard waste into the green container.

(2) If any person does not wish to participate in the city's green waste recycling program, that person shall provide, individually, for the recycling of his own green/yard waste, but he/she shall not, in any event, discard into the city's waste stream by placing such materials into the gray container or otherwise green wastes, as if they were nonrecyclable garbage.

(Ord. 715 C.S., passed 3-15-00)

It is unlawful for any person other than the owner or officer or any employee of the city or any employee of any person or persons holding a contract with the city for the collection or removal or garbage to interfere in any manner with any receptacle used for the accumulation or handling or garbage or to remove any such receptacle from the location where it shall have been placed by the owner or persons lawfully in control thereof or to remove the contents from any such receptacle. It is unlawful for any person to take or pilfer, for his/her own use or benefit, the rubbish or any part of it. The customer owns all garbage, green/yard waste and rubbish until possession thereof is taken by the city, at which time ownership shall pass to the city.

(Ord. 715 C.S., passed 3-15-00)

It is unlawful for any person to place or bury garbage in any hole or excavation within the city.

(Ord. 715 C.S., passed 3-15-00)

Customers may request additional gray (garbage) or green (green waste) container service. Charges for additional containers shall be established by resolution of the City Council pursuant to the provisions of this chapter, which resolution shall provide for additional charges for additional services. Requests for additional services requiring one or more additional containers shall be for a minimum period of 12 months.

(Ord. 715 C.S., passed 3-15-00)

(A) Submission of annual recycling report. Those persons that are involved in the business of recycling materials in the city shall annually prepare an annual recycling report on a form prepared by the city and submit same to the City Engineer no later than February 1 following the calendar year for which the report is made.

(B) Contents of annual recycling report. The completed annual recycling report shall include and indicate all of the following:

(1) The type of material along with the volume or weight of those materials collected in the city that were diverted via reuse or recycling for the prior calendar year;

(2) The vendor or facility that the business used to collect and/or receive the diverted material.

(C) Supporting documentation. Those persons which submit the annual recycling report shall retain receipts and weight tags for a period of three years for the quantities of materials reused, salvaged, and/or recycled as indicated in the annual recycling report. Each person submitting an annual recycling report shall make such records available to the city for inspection and copying upon request.

(D) Penalty. Violations of any of the provisions of this section shall be infractions subject to the provisions of § 1-2.01.

(Ord. 743 C.S., passed 12-18-02)

(A) Construction and demolition debris generated under a city issued building, renovation, or demolition permit and equal to or exceeding eight cubic yards of material by volume shall have necessary mixed and/or source separated C&D recycling bin(s) or roll-off boxes for the removal and recycling of all construction and demolition debris from the project site. The project permittee, designated hauler, or recycler shall provide to the City of Madera a monthly C&D report which contains at a minimum the construction site address, weight of material hauled, date hauled, material type, recycling facility name and address, and assurances from the recycling facility that a minimum of 50% of the C&D material has been recycled.

(B) The city will provide the proper documentation form: however, other forms of documentation can be used as long as it is deemed by city staff to be acceptable and complete.

(Ord. 842 C.S., passed 8-20-08)

Any property owner, developer, or individual who does not comply with any requirement of the construction and demolition debris recycling provisions of this chapter may be assessed an administrative penalty for non-compliance pursuant to Chapter 9 of this code. The amount of the penalty assessed shall be $1,000 for each project. Each day that a violation continues shall be deemed a new and separate offense. Without full payment of fees, final occupancy, acceptance of subdivision, or sign off on demolition permit will not be granted.

(Ord. 842 C.S., passed 8-20-08; Am. Ord. 1004 C.S., passed 11-15-23)