Chapter 8.17 — RECYCLABLE MATERIALS

§ 8.17.010. Definitions.¶

Words and phrases defined in Chapter 8.16 of this municipal code shall have the same meanings when used in this chapter.

(Ord. 565 § 2, 1989; Ord. 822 § 1, 1997; Ord. 923 § 1, 1999; Ord. 1374 § 1, 2022)

§ 8.17.020. Ownership of recyclable materials.¶

A. Recyclable materials placed in a city-regulated recyclable materials container shall become the property of the city at the time such containers are set out for collection by the franchise waste hauler. Such recyclable materials shall be deemed discarded by the owner and shall be subject to any franchise agreement of the city. The franchise waste hauler(s) of the city shall have the exclusive duty, right, and privilege to collect, transport, and process such recyclable materials.
B. Recyclable materials that are not set out for collection by the franchise waste hauler remain the property of the owner.
(Ord. 565 § 3, 1989; Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

§ 8.17.030. Removal of recyclable materials.¶

A. No person other than the city or the franchise waste hauler(s) of the city acting in the scope of their agency or employment shall remove any recyclable materials from a city-regulated recyclable materials container.
B. It is unlawful for any person to do the following to any recyclable materials container:
1. Tamper or meddle with such a container.
2. Tamper or meddle with the contents of any such container.
3. Remove any such container, its contents, or recyclable material lawfully placed alongside the container from the location where the container or such recyclable material has been placed for pick up by the city, the franchise waste hauler(s) of the city, or a licensed recycling business.
(Ord. 565 § 4, 1989; Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

§ 8.17.040. Operation of recycling business.¶

A. No person shall operate a recycling business in the city without first obtaining a business license pursuant to the provisions established in Chapter 5.04 of this code.
B. Any recycling business operating in the city shall, at all times of doing business, maintain insurance in an amount specified by the business license agreement. The insurance shall include, but shall not be limited to, worker's compensation, vehicle and comprehensive general liability insurance. The recycling business shall provide the city with copies of the insurance policies and certificates of insurance at the following times:
C. Proof of insurance shall be provided to the city at the time a business license is sought.

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.17.040

§ 8.17.070

Proof of insurance shall be provided to the city at the time the renewal of a business license is sought.
Proof of insurance shall be provided to the city within ten business days of receiving a written request from the city.
Any recycling business operating in the city shall be responsible for removing debris and materials which it has caused to fall in the public right-of-way during collection and transportation.

D. Any recycling business operating vehicles in the city shall have the name of the licensed recycling business, address, telephone number, and truck number printed on each side of the vehicle, in letters not less than three inches high.
E. Any recycling business operating in the city shall maintain a record of its waste diversion. The record shall include, but not be limited to, the total tonnage of recyclable materials collected, the types of recyclable materials collected, the location where the recyclable materials are diverted and the type of recycling program utilized.
F. Any recycling business operating in the city shall deliver, or cause to be delivered, to the city quarterly reports concerning its waste diversion. The reports shall be on forms provided by the city, and shall provide the city with information, including, but not limited to, the information required to be maintained in accordance with subsection E of this section. The reports shall be submitted within forty-five days after the end of each calendar quarter.
(Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

§ 8.17.050. Violation—Penalties.¶

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter.

(Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

§ 8.17.060. Other remedies.¶

A. After giving written notice of noncompliance and holding a hearing, the city manager or director of code compliance, as appropriate, may suspend or revoke any business license issued under this chapter.
B. After giving written notice of noncompliance and holding a hearing, the city manager or director of code compliance, as appropriate, may impound any vehicle that is not maintained in accordance with the provisions established in Section 8.17.040(D) of this chapter.
C. If a person has violated or failed to comply with any provision of this chapter, the city manager or director of code compliance, as appropriate, may seek all other civil remedies including, but not limited to, injunctive relief.
(Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

§ 8.17.070. Enforcement—Costs recoverable.¶

The city attorney, on behalf of the city, may take appropriate legal action against a person to

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.17.070

recover the costs associated with enforcement of this chapter against such a person. Such costs shall include, but are not limited to, administrative costs, court costs, attorneys' fees, and other expenses related to enforcing the provisions of this chapter. (Ord. 822 § 1, 1997; Ord. 1374 § 1, 2022)

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City of Palm Desert, CA § 8.19.010

HEALTH AND SAFETY

§ 8.19.040