Division 4 — RECYCLABLE AND ORGANIC MATERIALS

SEC. 19-190. COLLECTING, TRANSPORTING, PROCESSING AND MARKETING RECYCLABLE AND ORGANIC MATERIAL.

No person shall collect, transport, process or market recyclable materials within the city unless such person is:

(A) An officer or employee of the city acting in the course of that individual’s official duty;

(B) A person holding a city business license (authorized third party hauler) for the collection, transportation, processing or marketing of recyclable materials or an

employee of such person;

(C) An owner or occupant, provided that such person transports only those recyclable materials that are generated on the lot owned or occupied by such person to a buy back center, drop off center or other facility certified pursuant to Cal. Pub. Res. Code, Sections 14500 et seq.;

(D) The holder of a city business license for a recycling facility or processing facility, or an officer or employee of the licensee; or

(E) An agent or employee of, or a volunteer authorized by, a nonprofit organization that collects recyclable materials or processed materials as a part of a fund-raising activity for the benefit of such nonprofit organization.

(Ord. No. 3007)

SEC. 19-191. REMOVAL OF OR INTERFERENCE WITH COLLECTION CONTAINERS.

(A) Containers for the temporary storage of solid waste, recyclable and organic materials generated on any lot shall comply with all applicable provisions of this article and this code.

(B) No person, other than the persons specified in section19-190, shall remove or interfere in any way with collection containers or the contents thereof, after the same is placed for collection at an authorized collection location by the occupant or owner of the lot on which the recyclable materials were generated.

(C) Notwithstanding any other provision of this code, violation of this section is hereby declared to be an infraction punishable in accordance with the provisions of chapter 1 of this code, relating to punishment for infractions.

(D) As an alternative to subsection (C) of this section, the city attorney is authorized to bring a civil suit at law or equity against any person who violates this section. In any such civil suit, the court shall either allow treble damages, as measured by the value of the material removed or interfered with, or award a civil penalty of not more than $1,000, whichever is greater, against the person who violated this section, for each unauthorized removal or interference, together with the city’s reasonable attorneys’ fees, expert and other witness fees, and all costs.

(Ord. No. 3007)

SEC. 19-192. PLACEMENT OF COLLECTION CONTAINERS.

The following provisions apply to curbside or alley recyclable materials collection:

(A) No person shall place, or cause to be placed for collection, any solid waste, recyclable or organic materials, at any place, at any time or in any manner other than as provided in this article or regulations established thereto.

(1) No person shall place, or cause to be placed for collection, any solid waste, recyclable or organic materials at any time other than on the days established pursuant to this article or regulations established thereto.

(2)  Collection containers shall be placed for collection by the time designated by resolution of the city council, or at any time within 12 hours prior to the designated

collection time. No person shall permit collection containers of any solid waste, recyclable, or organic materials to remain at such locations after the designated collection day.

(3) Each collection container shall be returned to a location where the same is permitted to be stored pursuant to the provisions of this code or regulations issued

pursuant thereto.

(B) Any collection container or any solid waste, recyclable or organic materials to be placed for collection on the lot where generated adjacent to a street, shall be placed as close as practicable to the curb line or right-of-way line of the street.

(C) No collection container or any solid waste, recyclable or organic materials shall be placed within the limits of any street or alley within the city, unless by direction of the city manager.

(Ord. No. 3007)

SEC. 19-193. TITLE TO RECYCLABLE MATERIALS.

Title to recyclable materials shall be deemed for all purposes to be vested in the city as of the time the materials are placed in the collection location with the intent that they be collected for recycling by the persons identified in section 19-190.

(Ord. No. 3007)

SEC. 19-194. RECYCLING AND ORGANICS COLLECTION SERVICES.

(A) All commercial businesses and multi-family dwellings of five units or more that generate more than four cubic yards of solid waste per week are required to subscribe to recycling collection services.

(B) Commercial businesses and multi-family dwellings of five units or more may choose to contract with a third party hauling company that is authorized to provide recycling collection services within the city, self or back-haul recyclable materials pursuant to section 19-175(D).

(C) Notwithstanding the foregoing, there is nothing in this article that prevents generators to choose to manage their recyclable and organic materials by preventing, reducing, reusing materials on site, and/or using a certified recycling center pursuant to 14 CCR Section 18984.9(c).

(D) All commercial businesses and multi-family dwellings of five units or more that generate more than two cubic yards of solid waste per week are required to subscribe to organics collection services pursuant to section 19-160(D), (E).

(Ord. No. 3007)