Article 2 — Recyclable Materials

The City Council finds and determines that a municipal program for the collection and recycling of recyclable materials within the City, and the licensing of persons engaged therein, is in the public interest and serves to promote the general welfare of the City.

The ordinance codified in this article is enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall garbage, rubbish, refuse and recycling program for the citizens, businesses and institutions of the City.

It is also recognized that the recycling program established may be victimized by unauthorized scavengers, and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic viability of the program as well as detrimental to the economic interests of the City at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this article to define clear ownership of recyclable materials and to provide for the protection of those ownership rights.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

For the purposes of this article, the following words and phrases shall have the meanings as set forth herein:

(a)

"Authorized recycling agent" means that person, partnership, joint venture or corporation authorized by contract with the City to collect recyclable materials pursuant to this article.

(b)

"Charitable entity" means any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities.

(c)

"Collect" means to take physical possession of materials at any commercial location, institutional location, multi-residential complex or residential unit of another.

(d)

"Commercial entity" means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and RV parks. Such definition includes non-profit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs.

(e)

"Commercial location" means the premises or site of a commercial entity.

(f)

"Designated collection location" means the place where an authorized recycling agent is to pick up segregated, recyclable materials. The location is identified by contract between the authorized recycling agent and the City and will customarily be the curbside of a residential neighborhood or the service alley of a commercial or institutional entity.

(g)

"Institutional entity" means any location operated by a governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites.

(h)

"Institutional location" means the premises or site of an institutional entity.

(i)

"Multi-residential complex" means any residential building, apartment building, condominium complex, stock cooperative complex, or flats consisting of more than three (3) independent dwelling units. "Multi- residential complex" does not include motel, hotel or RV park.

(j)

"Person" means any tenant, lessee, business, occupant or owner of real property within the City.

(k)

"Recyclable materials" means material having a value in the secondary materials market and includes any one or more of the following categories of materials collected and recycled or salvaged from within the City:

(1)

Newspapers;

(2)

Metal food and beverage containers;

(3)

Glass;

(4)

Corrugated cartons;

(5)

Graded or sorted waste paper;

(6)

Waste motor oil (residential);

(7)

PET plastic beverage containers.

(l)

"Recycling" means the process of sorting, cleansing, treating and reconstituting waste or other discarded materials for the purpose of using the altered form. "Recycling" does not include merely sorting, shredding, stripping, compressing, storing, land filling with, or otherwise disposing of waste or other discarded materials.

(m)

"Residential unit" means any single-family dwelling, duplex, triplex, apartment house of 3-dwelling units or less, or condominium complex of 3-dwelling units or less. For the purposes of this article, each apartment, flat, or dwelling unit of a duplex, triplex, 3-unit or less apartment house, or 3-unit or less condominium complex shall be considered as a separate dwelling. For purposes of this article, each tenant, owner or occupant who subscribes to individual residential garbage collection service shall be considered a residential unit, regardless of whether that person's dwelling is in a residential unit or multi-residential complex.

(n)

"Segregated recyclable materials" means those recyclable materials which have been separated:

(1)

By the person from whom they are being collected;

(2)

From refuse; and

(3)

From all other recyclable materials to form one readily identifiable category or materials as set forth in subsection (k) of this section that is saleable without further sorting.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

(a)

A recyclable materials collection service program is established and shall be available to all persons, residences, businesses and institutions in the City for the purpose of providing for the orderly and regular collection of recyclable materials within the City. Creation and operation of this collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the California Public Resources Code and/or charitable entity recycling programs.

(b)

Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling agent may not be stored or transferred by use of the recycling receptacles described in this article, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location other than for pickup by the authorized recycling agent as defined in this article is also prohibited.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

(a)

The City Council may, with or without having invited bids therefor, enter into an exclusive contract with any responsible individual, association, firm, organization or other business entity, whether or not such entity is operated for profit, for the collection of any or all recyclable materials within the City. Where such a contract provided for has heretofore or hereafter been entered into between the City and a contractor for the collection of any or all recyclable materials as provided in this article, the contractor shall be the authorized recycling agent for the City.

(b)

If in the determination of the City Council said contractor shall have satisfactorily performed such contract, the City Council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may, in its sole discretion, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the City Council shall deem necessary and appropriate.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

The City's authorized recycling agent must offer recyclable materials collection service to all persons, residences, businesses and institutions within the City limits pursuant to the terms and conditions of any exclusive contract for such service. The City Council may establish standard regulations for the methods of collection of recyclable materials, collection service charges, frequency of pickup, and the civil and/or criminal remedies available for enforcing this article. The authorized recycling agent may propose such regulations for review and approval by the City Council.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

The provisions of this article shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

(a)

Persons desiring to participate in the Pacifica Recycling Program shall prepare and separate those recyclable materials that the City has contracted for pickup by the authorized recycling agent from other garbage and refuse as required by the collection contract, and thereafter have the segregated recyclable materials placed within receptacles as required by this article, or within the designated collection location, which shall be collected by the authorized recycling agent.

(b)

Persons desiring to participate in the Pacifica Recycling Program shall place receptacles containing recyclable materials for residential units at curbside for collection by the authorized recycling agent; but said receptacles shall not be placed at curbside earlier than twelve (12) hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve (12) hours following the date and time for scheduled collection.

(c)

Receptacles containing recyclable materials for multi-residential complex, commercial and/or institutional locations shall be of a size and serviceability agreed to by the authorized recycling agent and the customer and thereafter placed at the designated collection location.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

(a)

Pursuant to the terms and conditions of any exclusive contract between the City and the authorized recycling agent, each residential unit shall be provided with suitable and sufficient receptacles to store segregated recyclable materials to be made available for curbside pick-up. The color, style and markings of such receptacles shall be determined by the City.

(b)

All such residential receptacles shall be and remain the property of the authorized recycling agent, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials. Participating persons relocating out of the City shall leave all residential receptacles at the premises.

(c)

It is the duty of every person participating in the Pacifica Recycling Program to maintain receptacles in a reasonably safe and secure manner; and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

The City's authorized recycling agent contracted with, in accordance with this article, shall be considered as and shall be an independent contractor and shall act under its own directions as to the manner of performing its work; and it shall keep itself and all of its employees insured against all liability under California Workers' and employees, insurance, compensation and safety laws and against public liability and property damage, including all such liability for use or operation of motor vehicles used in the performance of work hereunder. Such public liability insurance shall be to the extent of Five Million and no/100ths ($5,000,000.00) Dollars combined single limit bodily injury and property damage for each occurrence. Evidence of such insurance shall be filed with the City upon request.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

An award of such contract shall confer upon the entity to whom the contract is awarded the exclusive right to be the City's authorized recycling agent hereunder, during the term of the contract, and, except as provided otherwise in this article, the exclusive right to collect, transport, sell and dispose of all recyclable materials collected within the City as provided in this article. All provisions of this article applicable to the authorized recycling agent shall govern any contract awarded hereunder.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

Neither the awarding of any contract nor any provision of this article shall constitute a waiver or bar to the exercise of any governmental right or power of the City. Pursuant to the exercise of the police power, the City Council may adopt rules, regulations, ordinances and standards governing the operation of the recycling program by the authorized recycling agent in the City. Such rules, regulations, ordinances and

standards shall govern the operations of the authorized recycling agent and are expressly declared a part of any such contract.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

A charge shall be collected by the City's authorized recycling agent from the tenant, lessee, owner or occupant of each residential unit, as well as for each multi-residential, commercial and/or institutional entity situated within the City limits, at rates to be established by contract between the City and the authorized recycling agent, said rates to be subject to change upon approval of an agreement between the City and the authorized recycling agent. Delinquent accounts shall be collected in the same manner as set forth in Section 6-5.112 of this chapter.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)

(a)

Nothing contained in this article shall preclude any person, business or other entity from disposing of segregated recyclable material without utilizing the City's official authorized recycling agent; provided, that the recyclable materials are disposed of by such persons individually or by his or her employee or employees to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority.

(b)

Nothing contained in this article shall prevent any person, business or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.

(c)

The use of receptacles or other containers provided by the authorized recycling agent in connection with the disposal of recyclable materials to any person or entity other than the authorized recycling agent is prohibited.

(d)

The pick-up of recyclable materials from any designated collection location by anyone other than the authorized recycling agent is prohibited.

(e)

Nothing contained in this article shall be constructed to inhibit, regulate or restrict the operations of any recycling center, nonprofit drop off program or recycling processor as permitted by the "Solid Waste Management Resource and Recovery Act of 1972" or the "California Beverage Container Recycling and Litter Reduction Act of 1986."

(§ 1, Ord. 523-C.S., eff. December 12, 1989)

(a)

From the time of placement of recyclable materials at curbside or other designated collection location, or in any recycling container used for recycling provided by the authorized recycling agent for collection by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent.

(b)

Any person engaged in the unauthorized collection of recyclable materials is guilty of an infraction, punishable as set forth in Section 1-2.01 of this Code. Any such unauthorized collection from one or more locations within the City shall constitute a separate and distinct offense.

(c)

As an alternative to criminal enforcement, both the City and the authorized recycling agent have the independent authority to civilly enforce any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The Pacifica City Manager may invoke these remedies, or any of them, whenever he or she deems it appropriate.

(§ 1, Ord. 523-C.S., eff. December 12, 1988)