Ontario Municipal Code Art. 2 Prohibitions

(a) Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition; this includes placing all solid waste, with the exception of bulky items, in the appropriate container. The property owner or occupant shall not cause or permit organic waste to collect or accumulate for more than one (1) week, or cause or permit any other solid waste to accumulate for a period in excess of one (1) month; provided, however, the provisions of this section shall not be construed to interfere with any occupant keeping building materials upon premises during construction, reconstruction, or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such premises for household use.

(b) The Administrator may require a greater number of collections per week or may require placement of additional containers upon finding that an unhealthful, unsightly, or public nuisance exists under the current service level. The Administrator may also reduce the number of collections per week or permit fewer containers upon a finding that the lower collection frequency and/or fewer containers are sufficient to maintain the premises in a clean and sanitary condition and will not result in putrescible materials accumulating for greater than one week. In either event, the customer will be charged for collections and/or containers at the current fee schedule. Prior to imposing such service and rate adjustments, the City shall provide at least two (2) written notifications, at least seven (7) days apart, to the customer as listed on the City billing. The customer may appeal such a determination in writing to the City Manager within seven (7) days of the second notice. The City shall not impose the service adjustments until the seven (7) day appeal period has passed, or if appealed, until the City Manager determines the outcome of the appeal.

(c) If a member of the Integrated Waste staff observes that a property owner or occupant will violate this section, Integrated Waste will notify Code Enforcement. If the Code Enforcement officer determines a violation of this section, the Code Enforcement officer will tag the container or property with a notice of violation, requiring the property owner or occupant to bring the property into compliance. It is expected that the property owner's or occupant's attempt to comply with the directives of the notice of violation will require input from the Integrated Waste Department. If the property owner or occupant does not respond to or comply with the notice of violation, the City will take the necessary steps to bring the property into compliance, including, if necessary, cleaning and sanitizing the container and area. The property owner shall be held responsible for all fees and costs incurred as a result of the City bringing the property into compliance.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by § 2, Ord. 3213, eff. July 21, 2022)

No solid waste shall be burned within the City.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place in any container identified for refuse, recyclables, green waste, food waste or organics, any material other than that identified material. The containers set aside for refuse, recyclables, green waste, food waste or organics shall be used only for refuse, recyclables, green waste, food waste or organics, and for no other materials. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and refuse in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.

(b) If, upon inspection by the Collector, it is determined that the recyclables, green waste, food waste or organics container is contaminated, it shall be tagged and the container shall not be collected. If the customer wishes a special return collection prior to the next scheduled collection day, the customer may be charged for the special collection in accordance with § 6-3.811(d)(3) and § 6-3.402 of this chapter.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place or deposit in any container for collection, pursuant to the provisions of this chapter, any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances that may cause human injury or harm.

(b) No person shall place or deposit in any container for collection, pursuant to the provisions of this chapter, wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The owner or occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the San Bernardino County Health Officer, and shall dispose of such articles in accordance with his or her directions.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) No person shall place or deposit upon any public street, park or alley, or in any container for the collection pursuant to the provisions of this chapter, any dead animal.

(b) The bodies of any dead animals within the City shall be promptly removed to such place as may be designated by the Administrator. In the event the owner of such dead animal is known, such owner shall pay the cost of removal of the dead animal. If such animal is found upon any public street, park or alley, or upon private property, the City shall arrange for its removal in the event its owner is not found.

(§ 1, Ord. 3187, eff. January 1, 2022)

No person shall dump, place or deposit upon, or bury in any lot, land, street, alley, water or waterway within the City, any solid waste or substance condemned by the San Bernardino County Health Department, or any other deleterious or offensive substance; provided, however, the provisions of this section shall not apply to any land used as a properly-permitted landfill, transfer station, materials-recovery facility, organic waste-processing facility or similar use.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) Only the City may remove any recyclables or organics, which have been segregated from other solid waste, and placed at the curbside or at a location designated for the collection of recyclables or organics.

(b) Such recyclables or organics are the property of the City upon placement of the container for collection. No unauthorized person shall remove non-organic waste, recyclables or organics from City containers.

(c) In any civil action by the City against a person alleged to have violated any provision of this section, the court may award a civil penalty of not more than One Thousand Dollars ($1,000.00) for each unauthorized removal against the unauthorized person removing the solid waste.

(d) Violation of this section is unlawful and shall be a misdemeanor. Each separate unauthorized removal shall be a separate violation.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)

Solid waste not subject to routine collection shall include large household appliances, furniture, logs, stumps, construction waste, dirt, or junked automobiles or automobile parts.

(§ 1, Ord. 3187, eff. January 1, 2022)

(a) Containers used to collect solid waste placed in the City by unauthorized collectors or haulers are subject to impoundment. Containers shall be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment.

(b) Containers violating this section of the chapter shall be tagged by Code Enforcement, or Integrated Waste Department staff, for removal within twenty-four (24) hours. If it is not removed within twenty-four (24) hours, the container will be impounded by the City without granting any further notice or warning. The confiscated container will be placed in a storage facility and the hauler shall be responsible for all fees incurred as a result of the impoundment.

(c) This Section shall not apply to a Non-Waste Dealer operating pursuant to the provisions of this chapter and possessing all necessary business license(s) and permit(s) to the extent that such a Non-Waste Dealer uses its own Non-Waste container for the purchase or donation of Non-Waste and not for a fee. The provision of such a Non-Waste container cannot involve any net payment by any individual to the Non-Waste Dealer or Non-Waste container's provider; any net payment by the generator of purported Non-Waste to the person receiving it renders that transaction an act of solid waste collection subject to the provisions of this Code.

(§ 1, Ord. 3187, eff. January 1, 2022, as amended by Ord. 3216, eff. August 18, 2022)