Oceanside Municipal Code Art. I General Provisions

Unless the context otherwise requires, the definitions in this section govern the construction of this chapter.

AB 1826 means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time.

AB 2176 means the Large Venue and Large Event Recycling Programs Act of 2004 that amended Section 42911 of, and added Chapter 12.7 (commencing with Section 42648) to Part 3 of Division 30 of the Public Resources Code relating to recycling, also commonly referred to as "AB 2176," as amended, supplemented, superseded, and replaced from time to time.

AB 341 means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 341," as amended, supplemented, superseded, and replaced from time to time.

AB 827 means the Assembly Bill approved by the Governor of the State of California on October 2, 2019, which amended Sections 42649.1, 42649.2, 42649.8, and 42649.81 of the Public Resources Code relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time.

AB 939 means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, superseded, and replaced from time to time.

Animal waste means animal excrement, dead animals, or parts of dead animals not intended for human consumption. Animal waste excludes animal products defined as food scraps and waste generated from rendering activities.

Applicable law means all federal, state, county, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the collection, transportation, and processing of recyclable materials, organic materials, and solid waste as may be enacted, issued, or amended from time to time. Applicable Law includes, but is in no way limited to, AB 1826, AB 2176, AB 341, AB 827, AB 939, and SB 1383.

Authorized collector means any person authorized through a contract, franchise, or permit approved by the city council to provide discarded materials collection service.

Bin means a container with capacity of approximately one (1) to six (6) cubic yards, with a hinged lid and wheels (where appropriate), that is serviced by a front end-loading collection vehicle, including bins with compactors attached to increase the capacity of the bin.

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

Cardboard means post-consumer waste-paper grade corrugated cardboard (#11), kraft (brown) paper bags or solid fiber boxes that have served their packaging purpose, are discarded, and can later be reclaimed for collection and recovery for recycling.

Cart means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-automated collection vehicle. A cart has capacity of thirty-five (35), sixty-four (64), or ninety-six (96) gallons (or similar volumes).

City franchise contract administrator includes any employee of the city to whom the city manager has delegated authority to administer all or a portion of this chapter and franchise contract(s).

Collect or collection (or any variation thereof) means the act of taking possession of recyclable materials, organic materials, solid waste, large landfill items, and other discarded materials at the place of generation in city.

Commercial means of, from, or pertaining to non-residential premises where business activity is conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property that are permitted under applicable zoning regulations and are not the primary use of the property.

Commercial edible food generator includes tier one commercial edible food generators and tier two commercial edible food generators, or as otherwise defined in 14 CCR Section 18982(a)(7), and all commercial generators who derive economic value from the sale or production of edible food. For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Compactor means a mechanical apparatus that compresses materials together with the container that holds the compressed materials or the container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard bin compactors serviced by front-end loader collection vehicles and ten (10) to fifty (50) cubic yard roll-off box compactors serviced by roll-off collection vehicles.

Compost has the meaning established by California Public Resources Code Section 40116, which stated as of the effective date of this ordinance 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 that are separated at a centralized facility.

Compostable plastic or compostable plastics means plastic materials that meet the ASTM D6400 standard for compostability. Compostable plastics are a subset of food waste.

Construction and demolition debris or C&D debris includes discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded waste. Construction and demolition debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.

Container means carts, bins, compactors, or roll-off boxes.

Discarded materials means recyclable materials, organic materials, solid waste, large landfill items, C&D debris, or other materials placed by a generator in a receptacle and/or at a location for the purposes of collection by an authorized collector as part of the city's discarded materials collection service, excluding excluded waste.

Discarded materials collection service(s) means the standardized collection of recyclable materials, organic materials, food waste and food soiled paper, solid waste, and other discarded materials from premises within the city by an authorized collector and all related programs as outlined in the authorized collector's franchise, permit, or contract.

Disposal or dispose (or any variation thereof) means the final disposition of solid waste or processing residue at a landfill or other facility as allowed by applicable law for the ultimate disposition of solid waste.

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, repair, recycling, composting, anaerobic digestion, or other method of processing, subsequent to the provisions of applicable law. Diversion is a broad concept that is to be inclusive of material handling and processing changes that may occur over time including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk, decrease costs and/or are for other reasons deemed desirable by the city.

Edible food means food intended for human consumption. Edible food is not solid waste if it is recovered and not discarded. Nothing in this Code requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for edible food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this ordinance.

Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that the city or an authorized collector reasonably believes would, as a result of or upon 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, waste that in the city or an authorized collector's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the authorized collector or city to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources 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 primarily 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, including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code.

(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code.

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

(4) A commercial business or entrepreneur that generates added value to recovered food. If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.

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).

Food scraps means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of residential dwellings. Food scraps are a subset of food waste.

Food-soiled paper means compostable paper material that has come in contact with food scraps or liquid, such as, but not limited to, compostable paper plates, paper liners, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.

Food waste means source separated food scraps, food-soiled paper, and compostable plastics. Food waste is a subset of organic materials.

Generator means any person whose act or process produces discarded materials or whose act first causes discarded materials to become subject to regulation.

Hazardous substance means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic waste," "pollutant," or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC § 1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (iv) the Clean Water Act, 33 USC § 1251 et seq.; (v) California Health and Safety Code §§ 25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC § 7901 et seq.; and, (vii) California Water Code § 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste, or pollutant identified as hazardous or toxic or regulated under any other applicable law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyls (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

Hazardous waste means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state in Health and Safety Code § 25110.02, § 25115, and § 25117 or in the future amendments to or recodifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder.

Household hazardous waste or HHW means hazardous waste generated at residential premises within the city. HHW includes, but is not limited to: paint, stain, varnish, thinner, adhesives, auto products such as old fuel, used motor oil, used oil filter, batteries, household batteries, fluorescent bulbs, tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.

Infectious waste means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.

Large event means an event, including, but not limited to, a sporting event, farmer's market 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 (2,000) 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.

Large household items means all discarded household materials that are too large to be placed in a discarded materials container authorized by this article. Large household items include, but are not limited to, large landfill items, reusable materials, C&D debris, or discarded motor vehicles or parts thereof.

Large landfill items means discarded non-reusable items, appliances (including refrigerators), furniture, tires, carpets, mattresses, e-waste, and similar large items which can be handled by two (2) people, and require special collection due to their size or nature, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits, that are intended to be reused or recovered by the authorized collector or disposed of in a landfill. Large landfill items must be generated by the customer and at the service address wherein the large landfill items are collected. Large landfill items do not include abandoned automobiles, large auto parts, trees, construction and demolition debris, or items herein defined as excluded waste.

Large venue means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For the purposes of this chapter, 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 the purposes of this chapter, 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.

Littering means the willful or negligent throwing, tossing, dropping, placing, depositing, sweeping or blowing with a mechanical device of any discarded materials, including large household items and reusable materials, on any public sidewalk, street, highway, alley, walkway, beach, pier, waters, waterway, water course, gutter, storm drain, park, railroad right-of-way, open space, or other public property whether open to the public or not, except in a receptacle designed for discarded materials collection or in a manner consistent with section 13.13 of the Oceanside City Code.

Multi-family means any residential premises, other than a single-family premises, with five (5) or more dwelling units used for residential purposes (regardless of whether residence therein is temporary or permanent, vacant or occupied), that receive centralized, shared, discarded materials collection service for all units on the premises which are billed to one (1) customer at one (1) address. Generators residing in townhouses, mobile homes, condominiums, or other structures with five (5) or more dwelling units who receive individual service and are billed separately shall not be considered multi-family.

Occupant means the person who occupies a premises.

Organic materials means yard trimmings and food waste, individually or collectively. No discarded material shall be considered to be organic materials, however, unless it is separated from recyclable materials and solid waste. Organic materials are a subset of organic waste.

Organic waste means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, 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 in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

Owner means the person(s) holding legal title to real property and/or any improvements thereon, and shall include the person(s) listed on the latest equalized assessment roll of the county assessor.

Person means any person, firm, limited liability company, association, partnership, corporation, or any other entity whatsoever.

Premises means any land or building in the city where recyclable materials, organic materials, or solid waste are generated or accumulated.

Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable recyclable materials for the city's discarded materials collection service; (ii) discarded materials placed in the organic materials container that are not identified as acceptable organic materials for the city's discarded materials collection service; (iii) discarded materials placed in the food waste and food-soiled paper container that are not identified as accepted food waste or food-soiled paper in the city's discarded materials collection service; (iv) discarded materials placed in the solid waste container that are acceptable recyclable materials and/or organic materials to be placed in the city's recyclable materials, organic materials, or food waste and food-soiled paper containers or otherwise managed under the city's discarded materials collection service; and, (v) excluded waste placed in any container.

Recyclable materials means those discarded materials that generators set out in recyclable materials containers for collection for the purpose of recycling by an authorized collector and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. Recyclable materials shall include any material allowed in the recyclable materials container of the city's discarded materials collection service as may be amended from time to time by the city and/or an authorized collector.

Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Residential shall mean of, from, or pertaining to a single-family premises or multi-family premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.

Responsible party means the owner, property manager, tenant, lessee, occupant, or other designee who 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, multi-family 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, multi-family premises, or commercial premises.

Reusable materials means items that are capable of being used again after minimal processing. Reusable materials may be collected, source separated or recovered through a processing facility.

Roll-off box means a metal container with a capacity of ten (10) or more cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate approved facility.

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 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in November of 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

Scavenge or scavenging means the uncontrolled or unauthorized removal of discarded materials.

Self-haul or self-hauler means a person who hauls discarded materials, recovered material, or any other material, to another person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A).

Single-family means any detached or attached house or residence designed or used for occupancy by one (1) family, provided that discarded material collection service feasibly can be provided to such premises as an independent unit, and the responsible party of such independent unit is billed directly for the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex residential structures, regardless of whether each unit is separately billed for their specific service level.

Solid waste means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, § 40191 and regulations promulgated hereunder. Excluded from the definition of solid waste are excluded waste, C&D debris, source separated recyclable materials, source separated organic materials, source separated food waste and food-soiled paper, and radioactive waste. Notwithstanding any provision to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid waste includes salvageable materials only when such materials are included for collection in a solid waste container not source separated from solid waste at the site of generation.

Source separated means the segregation, by the generator, of materials designated for separate collection for some form of recycling, composting, recovery, diversion, or reuse.

Tier one commercial edible food generator means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:

(1) Supermarket.

(2) Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.

(3) Food service provider.

(4) Food distributor.

(5) Wholesale food vendor.

If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, or is amended from time to time, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.

Tier two commercial edible food generator means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:

(1) Restaurant with two hundred and fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.

(2) Hotel with an on-site food facility and two hundred (200) or more rooms.

(3) Health facility with an on-site food facility and one hundred (100) or more beds.

(4) Large venue.

(5) Large event.

(6) A state agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.

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

If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.

Universal waste or U-waste means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste.

Yard trimmings means those discarded materials that will decompose and/or putrefy, including, but not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic materials resulting from normal yard and landscaping maintenance that may be specified for collection and processing as organic materials within this ordinance. Yard trimmings does not include items herein defined as excluded waste. Yard trimmings are a subset of organic materials.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 12-OR0550-1, § 1, 8-15-2012; Ord. No. 17-OR0089-1, § 1, 2-15-2017; Ord. No. 19-OR0658-1, § 1, 10-9-2019; Ord. No. 21-OR0474-1, § 1, 6-16-2021; Ord. No. 22-OR0061-1, § 1, 1-26-22)

(a) Unless otherwise determined by the city manager and subject to section 2.10 of this Code, the water utilities department shall be responsible for the administration of this chapter; provided, however, any department, officer, or employee of the city authorized to enforce the provisions of this Code is authorized to enforce the provisions of this chapter.

(b) Nothing in this chapter shall be construed to permit an owner or occupant of property to use, maintain or operate property in a manner that is not consistent with any other provisions of this Code or the Oceanside Zoning Ordinance relating to the use, maintenance, occupancy, or operation of property.

(c) To further the public welfare, limit the amount of discarded materials requiring disposal to preserve valuable resources, to enhance the economy, to further the statewide and city zero waste policies, and to avoid valuable reusable materials, recyclable materials, and organic materials from indiscriminately being disposed of as solid waste, curbside collection services shall be administered in a manner that promotes reuse, resource recovery, recycling, and diversion throughout the city.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 17-OR0089-1, §§ 2, 3, 2-15-2017; Ord. No. 21-OR0474-1, § 2, 6-16-2021; Ord. No. 22-OR0061-1, § 2, 1-26-22)

(a) All persons shall recycle, compost, divert or dispose of discarded materials in the manner provided in this chapter.

(b) No person except the city or an authorized collector shall collect or transport discarded materials or provide discarded materials collection services within the city unless specifically authorized by the city council. Notwithstanding this section, the United States, the State of California, or any agency or political subdivision thereof may contract with any person licensed to do business in the city for the provision of discarded materials collection services to governmental facilities, including but not limited to an authorized collector. Except for an authorized collector, any person providing discarded materials collection services to a government facility of the United States, the State of California, or an agency or political subdivision thereof shall not provide any other discarded materials collection services in the city.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 17-OR0089-1, § 4, 2-15-2017; Ord. No. 22-OR0061-1, § 3, 1-26-22)

(a) The following activities are exempt from the provisions of section 13.3:

(1) Collection, transfer, handling, and disposal of hazardous waste that is subject to the provisions of sections 14.40—14.73 of this Code.

(2) Collection, transfer, handling, and disposal of infectious waste that is subject to the provisions of sections 14.74—14.79 of this Code.

(3) The removal and transportation of yard trimmings derived from landscaping activities by the responsible party of the property from which the material is derived, or by persons licensed to do landscaping or tree trimming business in the city and providing service to the owner or occupant of the property from which the material is derived.

(4) Lawful disposal of solid waste through a sewage disposal system subject to the provisions of article III of chapter 6 (plumbing code) and chapter 29 of this Code.

(5) Other persons shall maintain the right to: (1) accept source separated recyclable materials and source separated organic materials donated from the service recipient, (2) pay the service recipient for source separated recyclable materials and source separated organic materials, or (3) donate or transport source separated yard trimmings provided that there is no net payment made by the service recipient to such other person.

(6) Collection, transport, disposal, or recycling of litter by an individual or volunteer group of individuals.

(7) Community or neighborhood clean-up activities operated in cooperation with the city or an authorized collector.

(8) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery; or that is self-hauled by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food.

(9) Any activities agreed upon by the city and the authorized collector(s) as exempt and as described in the authorized collector's franchise, contract, or permit.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 17-OR0089-1, § 5, 2-15-2017; Ord. No. 21-OR0474-1, § 3, 6-16-2021; Ord. No. 22-OR0061-1, § 4, 1-26-22)

(a) Every person in possession, charge, or control of, and using, any place or premises in the city fronting on a street, alley or other public right-of-way shall maintain the portion of the street, alley, or other public right-of-way adjacent to the place or premises in a condition free from discarded materials except when placed for storage or collection in accordance with section 13.13 of this Code. For the purposes of this section, the portion of a street, alley, or other public right-of-way adjacent to a place or premises includes any walkway, trail, sidewalk, parkway, curb and gutter, and the travel lane portion of the roadway on the side of the street or alley adjoining the property. The city may provide street sweeping services and collect a fee therefor as a part of the solid waste charge in partial satisfaction of this paragraph.

(b) It is unlawful for any person to place any container, bin, receptacle, or other device for the collection of discarded materials on any public property or property open to the public. This provision does not apply to:

(1) An authorized collector when the placement is done in accordance with the provisions of the collector's franchise, contract, or permit.

(2) The placement of containers by the responsible party of a property pursuant to section 13.13 and section 13.28 of this chapter.

(3) Containers for collection of recyclable materials placed on private property, with the permission of the owner thereof, by a non-profit charitable organization having its principal place of business activity in the city, provided that the placement is a permitted incidental or accessory use to an established principal use on the property.

(4) Containers for the collection of discarded materials by commercial or industrial occupants as an incidental or accessory use to lawful commercial or industrial uses on property, provided that the placement conforms to the requirements of the development plan approved for the property pursuant to the Oceanside Zoning Ordinance.

(5) Containers for the collection of discarded materials by schools, churches, or other institutional uses on property owned and used by the school, church or institution for school, church or institutional purposes.

(c) Any container placed in violation of this subsection (c) is a public nuisance that may be summarily abated by the city at the expense of the person responsible for its placement. Not less than three days prior to summary abatement the city shall place a written notice on the container. The notice shall be not less than eight and one-half (8.5) inches by eleven (11) inches and shall contain a statement substantially as follows: "TO THE OWNER OF THIS CONTAINER: This container has been placed in violation of section 13.5 of the Oceanside City Code. If this container is not removed on or before a date that is not less than three (3) days from the date of posting of the notice it will be removed by the City. You will be required to pay the costs of removal. If you do not thereafter claim this container from the City within fifteen (15) days after its removal, the container may be destroyed or otherwise disposed of by the City."

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 21-OR0474-1, § 4, 6-16-2021; Ord. No. 22-OR0061-1, § 5, 1-26-22)

(a) It is unlawful for any person to do any of the following:

(1) Scavenge, tamper with, move, steal, tip, deface or destroy any solid waste collection container, or contents thereof, for any personal, professional, or commercial use.

(2) Scavenge, tamper with, move, steal, tip, deface or destroy any collection container for discarded materials, or the contents thereof, for any personal, professional, or commercial use.

(b) This section shall not apply to the activities of the city, an authorized collector, the responsible party of a premise, or a person authorized by the city council to perform activities under this chapter.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 06-OR0522-1, § 1, 8-16-06; Ord. No. 22-OR0061-1, § 6, 1-26-22)

It is unlawful for any person to place on any public street, sidewalk, parkway, alley, right-of-way or other property, any discarded materials, including large household items and reusable materials, for pick-up by any person other than the city or an authorized collector in accordance with this chapter.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 22-OR0061-1, § 7, 1-26-22)

Whenever any discarded materials are placed on any public street, sidewalk, parkway, alley, or any other location designated for the collection of discarded materials, the discarded materials shall be conclusively presumed to have been discarded. Upon collection, the discarded materials shall become the property of the city or the authorized collector, if so provided in the collector's franchise, contract or permit. This section shall not apply to excluded waste or universal waste except when it is lawfully placed for collection by the city or an authorized collector in accordance with this chapter or other programs implemented by the city or an authorized collector.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 22-OR0061-1, § 8, 1-26-22)

It is unlawful for any person to place or cause to be placed any discarded materials on the property of another, without the express consent of the property owner. A property owner giving such consent shall be responsible if the placement does not comply with the requirements of this chapter. This section shall not preclude the periodic disposal by individuals of discarded materials in receptacles placed by the city for public use on public property as an incident to the otherwise lawful use of the public property.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 22-OR0061-1, § 9, 1-26-22)

(a) Littering by any person is unlawful and violations are subject to penalties in accordance with chapter 1 of the Oceanside City Code.

(b) The unauthorized placing, depositing, dumping, or causing to be placed, deposited or dumped, of discarded materials in or upon any public place; public or private highway, road or alley, including any portion of the right-of-way thereof; in or upon the private property of another; in or upon any public beach, public park or the municipal pier; or in or upon any other public property owned, operated or maintained by the city is unlawful.

(c) The placing or depositing of discarded materials in receptacles located in public places and designed for public use, in the manner provided in this chapter for the purpose of being hauled away by the city or an authorized collector as provided by the provisions of this chapter and other laws and ordinances of the city, placing of large landfill items in accordance with this chapter, and the placing or depositing of such discarded materials in receptacles provided for such discarded materials maintained by the city on public property as an incident of the ordinary and intended public use of the property shall not be considered a violation of this section.

(d) This section shall not be construed to restrict private property owners in the use of their own property, provided however, that this subsection shall not be construed to permit the storing, placing, depositing, or dumping of such discarded materials on such property in violation of any provision of this Code or in a manner that constitutes a health, fire, or safety hazard, or a nuisance.

(e) Each and every day during any portion of which a violation of this section is committed, continued, or permitted shall constitute a separate offense and shall result in penalties in accordance with section 13.41 of this chapter.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 21-OR0474-1, § 5, 6-16-2021; Ord. No. 22-OR0061-1, § 10, 1-26-22)

No person shall burn discarded materials within the city. For the purposes of this section, burning includes transformation of discarded materials as defined in Section 40201 of the California Public Resources Code. This section shall not be construed to prohibit the burning of wood, paper, cardboard or other similar material in a fireplace, fire pit, fire ring, or lawful place as an incident to customary and lawful use of property.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 22-OR0061-1, § 11, 1-26-22)

No person shall dispose of discarded materials by burying them in the ground. This section shall not be construed to preclude:

(1) The operation of a landfill duly permitted by the State of California.

(2) The incidental burying of organic material as part of ordinary non-commercial gardening activity, in a manner that does not result in any noticeable odors to persons on adjoining property or attraction of rodents or disease vectors, or otherwise violate any applicable health regulation, ordinance or statute.

(3) The preparation and use of compost, in a manner that does not result in any noticeable odors to persons on adjoining property or attraction of rodents or disease vectors, or otherwise violate any applicable health regulation, ordinance or statute.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 22-OR0061-1, § 12, 1-26-22)

(a) It is unlawful for any person to store or accumulate any discarded materials for a period of more than seven (7) days pending collection or removal except:

(1) In containers specified in this chapter.

(2) In neat stacks or bundles.

(3) In an area in a rear or side yard screened from view from adjacent streets.

(b) Notwithstanding subsection (a), an owner or tenant of property may, from time to time, store discarded materials for collection for more than seven (7) days but less than fifteen (15) days provided that the storage (i) is screened from view by a solid fence or wall not more than six (6) feet in height, (ii) does not occupy an area greater than one hundred (100) square feet, (iii) is non-putrescible, and (iv) does not violate any other provision of this Code.

(c) Large landfill items shall not be subject to the provisions of subsection (a)(1) and (2) nor shall they be placed in public view before 4:00 p.m. on the day prior to their scheduled collection day.

(d) A commercial or multi-family premise in which no space or enclosure is available for the storage of discarded materials prior to collection may be exempt from subsection (a) and (b) pending verification and approval by the city.

(Ord. No. 98-03, § 1, 1-7-98; Ord. No. 21-OR0474-1, § 6, 6-16-2021; Ord. No. 22-OR0061-1, § 13, 1-26-22)