Chapter 8.12 — SOLID WASTE MANAGEMENT

Editor's note— Ord. No. 25-02, § 1(exh. A), adopted March 19, 2025, amended Ch. 8.12 in its entirety to read as herein set out. Former Ch. 8.12, §§ 8.12.001—8.12.190, pertained to similar subject matter, and derived from Code 1990, §§ 8.12.010—8.12.190; and Ord. No. 21-06, § 1(exh. A), adopted June 2, 2021..

This chapter shall be known as the "Solid Waste Management Ordinance."

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

It is declared to be in the interest of the public health, sanitation, safety, and welfare of all residents of the Town that the accumulation, preparation, storage, collection, transportation, and disposal of solid waste, green waste, organics and recyclable materials in the Town be handled in a safe, sanitary, routine, and efficient manner so as to maximize the reduction, reuse, recycling, transformation and composting of materials that otherwise would become solid waste and deposited in a landfill. The planned management of solid waste extends the life of landfill disposal capacity; reduces the emissions of greenhouse gasses and maintains the cleanliness and safety of Town rights-of-way to comply with State law; prevents the harboring and breeding of rodents, insects and other pests; reduces contamination of the environment by the unauthorized burying, burning or putrefaction of such materials, including hazardous waste; prevents the spread of diseases associated with unsanitary conditions; prevents the attraction of wildlife; and prevents unsightliness and other public nuisance, which may result in the depreciation of property values and otherwise interfere with the comfortable enjoyment of life within the Town.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Furthermore, additional terminology used in this chapter may be defined in any contract that the Town may have with a franchisee.

AB 939 means the California Integrated Waste Management Act of 1989, Public Resources Code § 40000 et seq.

Bin means a bear-proof container, with a capacity of at least one cubic yard designed or intended to be mechanically dumped into a loader packer type truck.

Cart means a bear-proof, heavy plastic receptacle with a rated capacity of at least 20 gallons and not more than 95 gallons, having a hinged tight-fitting lid, and two wheels, that is approved by the Town and is colored and labeled as designated by the Town.

Collect or collection means the act of removing discarded materials from the place of generation or designated point of collection within the Town and all operations of gathering together and transporting to the point of disposal or processing any garbage, refuse, rubbish, solid waste, recyclable, transformable, or compostable waste materials.

Collection premises means every improved property, including, but not limited to, every single-family unit and multifamily unit usable for human habitation whether or not inhabited, and all commercial and industrial premises usable for business purposes.

Commercial solid waste includes all types of solid wastes generated by commercial, industrial, governmental, multifamily units, and other nonresidential sources, which have been placed in an authorized

solid waste container used for the temporary storage of solid waste awaiting pickup. The term "commercial solid waste" does not include hazardous wastes, medical wastes, and special wastes.

Container means any approved bin or cart provided for the purpose of containing solid waste and/or recyclables.

Franchisee means the company or entity the Town has contracted with to provide solid waste services to collect, remove, transport, process or dispose of solid waste or recyclable materials within the Town municipal boundary.

Garbage. See Solid waste.

Multifamily unit means each individual living unit within a multifamily complex composed of five or more individual residential units which receive communal refuse and/or recycling services. Note: This definition applies for purposes of this chapter only; Title 17 defines the term "multifamily unit" differently for purposes of zoning and land use.

Occupant means any person actually occupying any premises within the Town municipal boundary either as owner or tenant, by contract or otherwise, including persons or businesses occupying or using any industrial or commercial premises.

Owner means the person to whom the taxes on the property are assessed as shown on the last equalized assessment roll of the County, or alternatively, from such records of the County Assessor or Tax Collector that contain more recent information.

Receptacle. See Container.

Recyclables or recyclable material means used residential or business materials which may be returned to the economic mainstream as commodities for reuse, or for reprocessing to create new or reconstituted products, which, if not segregated from solid waste, would otherwise become solid waste consistent with the requirements of AB 939. These materials include, but are not limited to, glass, metal, paper, cardboard, plastic, or other materials which have been segregated from garbage and rubbish for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to recycling or transfer station facilities.

Responsible party means, for a particular residential, commercial, or industrial property, the person or people who are listed as the account holder for that property with the franchisee. For waste not generated at residential, commercial or industrial properties, the responsible party is the person who generated the waste.

Single-family unit means a single-family dwelling, a two-unit dwelling, a three-unit dwelling or a four-unit dwelling. (Note: This definition applies for purposes of this chapter only; Title 17 defines the term "single- family unit" differently for purposes of zoning and land use.)

Solid waste means all "solid waste," as that term is defined in Public Resources Code § 40191, which is generated within the Town. The term "solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including residential, industrial, commercial, and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, recyclable materials,

discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, but does not include hazardous wastes, medical wastes, and special wastes.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

The Town and its elected officials, officers, agents, and employees, or any franchisee with whom the Town may enter into a contract or franchise therefor, and the officers, agents, and employees of such franchisee, shall have the exclusive right to gather, collect and remove solid waste from all premises in the Town. No person other than those specified in this section shall gather, collect, or remove any solid waste, convert, or transport any solid waste in, along or over any public street, alley, or highway in the Town, or take any solid waste from any cart or bin, or interfere with or remove any cart or bin from any location where it is placed for collection by the owner thereof. Notwithstanding the foregoing, nothing in this chapter shall be deemed to prohibit the owner or generator of recyclables from selling or donating such materials to any buyer or donee, nor to prevent any such buyer or donee from collecting or transporting such recyclables.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

The Town Council may, at any time, enter into a contract or franchise agreement with a qualified company or individual to provide any services related to the collection, management, and processing of solid waste. In letting such contracts, the Town Council shall not be required to let the contract to the lowest bidder but shall be free to let such contract to the company or individual deemed best fit to comply with the terms of this chapter and the contract.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

Any parcel containing one or two dwelling units shall be required to subscribe to either the residential cart curbside pick-up service or the transfer station self-haul disposal program as described in the agreement between the Town and the franchisee.

(b)

Subject to Section 8.12.100, any parcel that contains three or four dwelling units shall be required to subscribe to either the residential cart curbside pick-up service or commercial Bin service. Cart service shall be subject to the requirements of the Town and/or franchisee.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

Subject to Section 8.12.100, any parcel that contains five or more dwelling units shall be required to subscribe to commercial bin service, and all condominium projects, trailer parks, mobilehome parks, planned unit developments and townhouses regardless of unit or space count, shall be required to subscribe to commercial bin service. All motels, hotels, lodges, and inns shall be required to subscribe to commercial bin service.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

Subject to Section 8.12.100, every office, commercial and/or industrial business or other establishment shall enter into an agreement with the franchisee for the removal and transportation of solid waste at the frequency appropriate for the type and size of business.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

Each owner, occupant or person in possession, charge, or control of a parcel upon which there exists a residential unit or commercial enterprise or noncommercial establishment within the Town is made liable for the payment of the refuse disposal fees levied against such premises for required refuse disposal, irrespective of the actual use of the refuse collection services provided by the Town or its authorized franchisee services made available to those premises required to receive such services shall be considered as services utilized. It shall be the duty of the owner of such premises to provide payment of the refuse collection and disposal fees to the authorized franchisee.

(b)

Nothing in this section shall prevent an arrangement for the continuance of an existing arrangement under which payments of refuse collection fees are made by a tenant or tenants or any agent on behalf of the owner. Any such arrangement will not affect the owner's obligation to the Town or its authorized franchisee.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

The refuse disposal fee shall be a civil debt owed by the owner, occupant or person in possession, charge or control of a residential unit or commercial enterprise. The franchisee may bring an action in its own name to collect such debt. In the event that any civil action to enforce the collection of the refuse disposal fee is brought in any court, the prevailing party shall be entitled to reasonable attorneys' fees to be determined by the court. The prevailing party shall be the party in whose favor final judgment is entered.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

The Town Manager or designee may authorize exemptions from the mandatory service requirement where there is evidence showing that:

(1)

The granting of an exemption will not be contrary to the intent of this chapter nor to the public health, safety and welfare;

(2)

There is no possibility that solid waste will be generated by or upon a parcel or unit of real property due to its special conditions or exceptional characteristics; and

(3)

That the strict application of this chapter would result in practical difficulties and exceptional hardships. No exemption shall be granted for a period longer than one year, unless approved by the Town Manager in extenuating circumstances. The expiration of an exemption shall not be deemed a revocation for purposes of Subsections (c) and (d) of this section.

(b)

Any person claiming an exemption pursuant to this section shall file a written statement with the Town Manager or designee stating facts upon which exemption is claimed. In the absence of such statement substantiating the claim, and the granting of the exemption by the town, such person shall be liable for the payment of the refuse collection fees required by this chapter.

(c)

The Town Manager or designee, after giving notice of not less than ten days and a reasonable opportunity for hearing to any person claiming an exemption pursuant to this section, may revoke any exemption granted upon information that the person is not entitled to the exemption as provided in this chapter.

(d)

In the event an application for an exemption is denied, and/or an exemption is revoked, the applicant or holder of the exemption shall have the right to appeal to the Town Council pursuant to Section 2.04.070.

(e)

The Town Manager may permit multiple adjacent businesses to share one or more solid waste receptacle if it is determined that such an arrangement will not negatively affect the health and safety of the Town, and if the franchisee agrees to such an arrangement.

(f)

The Town Manager in consultation with the franchisee may permit a business or residence to use a non- standard Container, if it is determined that the layout and makeup of units, management of the property, and other factors make compliance with container requirements in Sections 8.12.060 or 8.12.070 impractical or not in the best interests of the community.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

Solid waste shall be collected from every single-family customer subscribed to curbside service at least once per week.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

Solid waste shall be collected from every subscribing multifamily, commercial, or industrial customer at least once per week.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

A franchisee shall provide a bear-proof cart or bin to all subscribing customers based on the level of service a customer has subscribed to. It shall be the responsibility of the franchisee to maintain all carts and bins. It is the responsibility of the customer to notify the franchisee in the event of damage to a cart or bin.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

A franchisee shall determine the minimum bin size required for all commercial service based upon the size and type of business and/or the number of units in a residential or lodging complex.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

All accumulations of solid waste shall be placed in the receptacles provided by the franchisee in accordance with Section 8.12.130.

(b)

The responsible party shall ensure that the receptacles are properly secured and latched at all times.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

Placement of bins shall be in accordance with Section 17.36.130. In all cases of disputes or complaints arising from or concerning the place where the bins shall be placed while awaiting the removal of their contents, the Town Manager or designee shall designate the place.

(b)

All carts shall be stored behind the front yard setback, within an enclosed area such as a garage, shed or other place if available, or otherwise placed to limit access to the cart by wildlife, during the days and times of the week that are not scheduled for collection of solid waste. At scheduled collection times, carts shall be placed curbside, or if no curb is present, on a paved or solid surface within easy reach of the disposal hauling vehicle.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

Dumping. No person shall deposit or permit to be deposited any animal carcasses, solid waste or litter upon any public road, highway, right-of-way or public or private property, including sidewalks, gutters, stream or creek or the banks thereof, within the Town municipal boundary, except in containers or in areas lawfully provided for or permitted for that use.

(b)

Accumulation. No person shall store or accumulate any solid waste, nor permit the storage or accumulation of any solid waste within or upon any property or place owned, leased, or rented by such person or in such person's possession or control.

(c)

Tampering. No person shall tamper with, modify, deface, damage, remove from, or deposit solid waste or recyclable materials in a container which has not been provided for his/her use, without the permission of the container owner and/or franchisee.

(d)

Unauthorized disposal. No person shall place solid waste upon the land of another, or in a residential or commercial solid waste receptacle of another, or a public solid waste receptacle, or upon premises other than those from which the solid waste originated, for the purpose of making solid waste available for collection and disposal.

(e)

Hazardous waste. No person shall dump, deposit, or otherwise dispose of any hazardous or medical waste on land, soil, rock, air, or water or at unauthorized disposal sites, transfer stations, resource recovery facilities, transformation facilities, buy back centers, or drop off recycling centers or in any container to be collected and ultimately deposited, unless otherwise approved in advance and in writing by the Town.

(f)

Burning. No person shall burn or incinerate solid waste.

(g)

Burying. No person shall bury solid waste.

(h)

Sorting. No person shall sort, separate, or segregate any solid waste of any kind within or upon any public street or place, unless authorized by the Town, and then only in the manner, place, time, and subject to such restrictions as may be imposed by the Town.

(i)

Removal.

(1)

No person, other than the person in charge of any premises or the franchisee shall remove any cart or bin from the location where the cart or bin was placed for storage or collection by the person in charge of the premises.

(2)

No person shall remove any solid waste, including recyclables and green waste, from any cart or bin, or move the cart or bin from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises.

(j)

Collection.

(1)

No person or entity, other than franchisee, shall remove, collect, transport, or otherwise handle solid waste except as specifically authorized by this chapter, subject to the provisions of Section 8.12.030 regarding buyers or donees of recyclables. Franchisee may bring a civil action to enforce this provision in its own name and without regard to any action taken by the Town.

(2)

No person shall interfere with or obstruct the authorized activities of franchisee in the collection, transportation, or disposal of solid waste.

(k)

Importation of solid waste. No person shall transport or permit to be transported into the Town any solid waste of any kind generated or accumulated outside the Town, for the purpose of storing or disposing of it in the Town, and no person shall store or dispose of any solid waste transported or brought into the Town from outside the Town, except as follows:

(1)

Solid waste may be transported directly to a solid waste disposal facility for final deposition at such facility.

(2)

Solid waste may be transported directly to a solid waste transfer/processing station for the following purposes:

a.

Transfer of the solid waste directly from smaller to larger vehicles for transport; or

b.

Temporary storage, separation, or other processing of the materials in the solid waste.

(l)

Transporting.

(1)

No person shall transport any solid waste within or upon any public streets in the Town, or anywhere in the Town, except in leak-proof containers or vehicles so constructed that no solid waste could leak, fall, or be blown from such container or vehicle.

(2)

Transportation of any solid waste shall be conducted so that no solid waste will spill out of the collecting or transporting container or vehicle. Any person transporting any solid waste shall immediately pick up any solid waste which spills or is blown from the transporting container or vehicle and shall otherwise clean the place onto which any such solid waste was spilled or blown.

(m)

Spillage, overflow, and improper disposal.

(1)

No responsible party for a receptacle or other person shall permit solid waste to spill or overflow beyond the receptacle.

(2)

Solid waste shall not be disposed of on top of or outside any receptacle.

(3)

Any improper disposal of solid waste that could attract or feed wildlife is prohibited.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

Waste organic matter generated by a household or an individual may be composted by households or individuals provided that the composting:

(1)

Is conducted in accordance with accepted composting practices;

(2)

Is conducted in accordance with applicable Federal, State and local laws and regulations;

(3)

Does not generate offensive odors or provide a source of food or harborage for wildlife; and

(4)

Does not create a public or private nuisance.

(b)

Any individual generator may choose to compost their own organic material in compliance with this section without reliance on the Town's solid waste or recycling franchisee.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)

(a)

All violations of any portion of this chapter are declared to be a public nuisance and may be abated by the Town in such manner as provided by law. All violations of any portion of this chapter are declared to be misdemeanors or infractions, pursuant to Section 1.12.010. The remedies set forth in this chapter are non- exclusive and the Town may seek any legal and equitable relief permitted by law in addition to those remedies set forth in this chapter.

(b)

When necessary to make an inspection of any building, structure or premises for the enforcement of this chapter, or when the Town Manager has cause to believe that there exists any condition which endangers the public health, the Town Manager or designee is authorized to request entry to such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed under this chapter.

(c)

The right to request entry authorized by this section shall be subject to the following requirements:

(1)

If the building, structure or premises is occupied, the Town Manager or designee shall first present proper credentials, explain the purpose for which entrance is desired, and request entry. In all cases entry shall be permitted to areas open to the public generally;

(2)

If such property is unoccupied, a reasonable effort to locate the owner or other persons having charge or control of the property shall be made to present proper credentials, explain the purpose for which entrance is desired, and request entry; and

(3)

In no case shall the Town Manager or designee enter upon areas of private property not open to the public without the consent of the owner, a lawful occupant, or an authorized representative of the owner or a lawful occupant, provided that if consent cannot be obtained, entry may be made with a search warrant, abatement warrant, or other court-issued authority for entry obtained prior to entry.

(Ord. No. 25-02, § 1(exh. A), 3-19-2025)