Petaluma Municipal Code Ch. 8.16 Garbage and Rubbish DISPOSAL1

1 Editor’s Note: For statutory provisions authorizing cities to contract and to prescribe terms for such services,

see Health and Safety Code §4250.

The following words and phrases shall, when used in this chapter, have the meanings respectively ascribed to

them by this section:

A. "Cubic yard" means a cubic yard in volume of a weight limit not exceeding one hundred twenty-Nve pounds;

B. "Garbage" means and includes kitchen and table refuse, oQal, swill, and every accumulation of animal,

vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of, meats, Nsh,

fowl, birds, fruits or vegetables and food remnants, animal and vegetable scraps, refuse and waste likely to

become oQensive, decayed or decomposed from kitchen and all household waste that shall have been prepared

for, or intended to be used as food, or shall have resulted from the preparation of food; also all animal and

vegetable scraps and refuse, waste and food remnants subject to decomposition or decay from institutions where

foodstuQs intended for human consumption shall be handled commercially, whether or not the same shall be Nt

for animal, as distinguished for human, consumption; also for dead animals, or parts thereof, except fresh animal

matter Nt and intended for human consumption;

C. "Garbage and rubbish dumps" means and refers to the tract or land owned or used by the garbage and

rubbish contractor as the place for the deposit of garbage, rubbish and waste matter;

D. "Rubbish" means and includes all waste matter consisting of glass, paper, wood, tin cans, nails, coQee

grounds, ashes and all waste matter and substance other than garbage.

E. "Debris box" means any container of ninety-seven gallons or greater of storage capacity utilized for the

accumulation, collection and delivery to an appropriate facility by a city-permitted hauler of the following

materials:

1. Materials generated by cleanup, clearing, landscaping, yard renovation, pruning, gardening and other

activities related to the care and maintenance of property; and

2. Materials generated by construction, demolition, remodeling or alteration of any building, structure, or

excavation project; and/or

3. One hundred percent recyclable materials generated by commercial premises;

4. The term "debris box" includes the term "drop box."

(Ord. 2284 NCS §2, 2007; Ord. 2258 NCS §2, 2006; Ord. 1651 NCS §1, 1986; Ord. 173 NCS §§3-6; prior code §13.1.)

Garden trimmings shall be removed by the garbage collector, and shall include lawn cuttings, dead plants and

similar small cuttings, and when deposited in a box or carton of approximately the size necessary to contain the

same, shall be placed on the planting strip, or on the property within Nve feet of the street right-of-way, except for

garbage and rubbish to be collected in alleys, where trimmings shall be placed near the garbage and rubbish can.

(Ord. 343 NCS §2; prior code § 13.3.)

Tree trimmings shall be removed by the garbage collector and shall not exceed two inches in diameter nor Nve

feet in length, and shall be Nrmly tied and bound together, and placed on the planting strip, or upon the property

within Nve feet of the street right-of-way line, except where garbage and rubbish can be collected in alleys, when

trimmings shall be placed near the garbage and rubbish can. (Ord. 343 NCS §1; prior code § 13.4.)

A. The city council may provide for the collection and disposal of garbage and rubbish in and from the city by its

own oPcers and employees, or by an oPcial garbage collector pursuant to a contract therefor with some person

selected by it in the manner provided in Sections 8.16.060 and 8.16.070, or by or for the person accumulating

garbage or rubbish in the city, pursuant to a permit granted by the council as required in Section 8.16.120.

B. The collection and disposal of rubble or debris stored in a "debris box" as deNned in Section 8.16.010 shall be

conducted in the manner as provided in Section 8.16.115 herein.

(Ord. 1651 NCS §2, 1986; Ord. 173 NCS §7; prior code §13.5.)

The public necessity, health, safety and general welfare of the city require that the exclusive right to collect and

remove, or cause to be collected and removed, garbage and rubbish within the city, shall be vested in the city, and

it is unlawful for any person to collect or remove garbage or rubbish within the city, except in accordance with the

provisions of this chapter. (Ord. 173 NCS §1; prior code § 13.6.)

The city council may, by resolution, based upon Nndings that preservation of the public health, safety and welfare

so require, enter into a contract for the collection and disposal of garbage and rubbish for a contract period of not

more than six months without competitive bidding upon such terms, with respect to payments to the city therefor

and other terms, as the city council may approve. This section is intended to satisfy the requirement in Section 46

of the City Charter that award of franchises be taken by ordinance, unless the council takes action pursuant to a

general law of the state, and to authorize by ordinance temporary contracts for collection and disposal of garbage

and rubbish. Preservation of the public health, safety and welfare may be deemed to require a temporary contract

pursuant to this section when introduction of an ordinance and passage thirty or more days later, followed by

elapse of a thirty-day referendum period before the ordinance takes eQect, pursuant to Section 51 of the City

Charter, would result in a lack of authorized garbage and rubbish collection services in the city of seven

consecutive calendar days or more. (Ord. 2421 NCS §1, 2011; Ord. 173 NCS §8; prior code § 13.7.)

The city council may, by ordinance adopted in accordance with Sections 46, 51 and 75 of the City Charter, and

based upon Nndings that the beneNts to the public of doing so outweigh the potential beneNts to the public of

following the competitive bidding procedure in Section 8.16.070, enter into a franchise agreement without a

competitive bidding process for the exclusive right, as the oPcial garbage and rubbish collector of the city, to

collect and dispose of garbage and rubbish within the city in accordance with the provisions of this chapter for a

period not to exceed Nfteen years, subject to the rights of holders of permits granted by the city council pursuant

to Section 8.16.120 and the rights of nonexclusive debris box franchisees pursuant to Section 8.16.115. (Ord. 2421

NCS §2, 2011.)

The city council may, by ordinance adopted in accordance with Sections 46, 51 and 75 of the City Charter, and

pursuant to the following procedure, enter into a franchise agreement for a term not to exceed Nfteen years for

the removal and disposal of garbage and rubbish.

The city council shall adopt a resolution directing the city clerk to cause a notice to be published in the oPcial

newspaper of the city by two insertions therein not less than Nve days apart, the last of which shall not be less

than twenty days before the time Nxed for opening the bids, inviting sealed bids for a contract for the exclusive

right, as the oPcial garbage and rubbish collector of the city, to collect and dispose of garbage and rubbish within

the city in accordance with the provisions of this chapter and the speciNcations and requirements set forth in the

resolution, subject to the rights of holders of permits granted by the city council, and the rights of nonexclusive

debris box franchisees pursuant to Section 8.16.115. The resolution and notice to bidders shall specify:

A. The time Nxed for receiving and opening the bids;

B. Each bid shall be accompanied by a cashier’s check, in the sum of Nfty thousand dollars or such other

amount, or in such other form, as may be required by the city council, which sum shall be forfeited by the bidder

to whom the contract is awarded, as liquidated and unascertainable damages to the city, if thereafter the bidder

fails or refuses to enter into a contract within thirty days after receiving notice of the award;

C. Each bid shall specify the amount the bidder will pay the city monthly, as consideration for the contract;

D. The council may reject any and all bids, including the highest bid, if it determines that, because of experience,

Nnancial responsibility or reputation or some other factor, the acceptance of a lower bid is for the best interest of

the city;

E. The bidder shall agree to perform and comply with and be bound by all terms, conditions and provisions

required by this chapter and the other speciNcations set forth in or referred to by the resolution and notice.

By its resolution calling for bids, the city council shall prescribe such additional terms and conditions to be

included in the contract to be awarded for the collection and disposal of garbage and rubbish, as it shall

determine, and require that the same be set forth in the notice to bidders, or Nled with the city clerk and referred

to in the notice as being available for examination by prospective bidders.

(Ord. 2421 NCS §3, 2011; Ord. 2140 NCS §1, 2002; Ord. 173 NCS §9; prior code § 13.8.)

Subject to Sections 46, 51 and 75 of the City Charter, the city shall have the right to renew any contract entered

into pursuant to the competitive bidding procedures described in Section 8.16.070 with the person who then holds

a contract for the removal and disposal of garbage and rubbish, for periods not to exceed ten years for each

renewal; provided, however, that the contractor shall Nle a written request for such renewal of contract not less

than two years prior to the expiration of the termination of the contract existing at the time of giving such notice.

The city council shall also have the right, by resolution, to waive the requirement that the notice of request for

renewal be Nled with the city within the two-year period. (Ord. 2421 NCS §4, 2011; Ord. 562 NCS §1; prior code

§ 13.9.)

The city council may include in any contract for the collection of garbage and rubbish in the city any of the

following terms:

A. Provision for a faithful performance bond by the contractor in an amount determined by the council;

B. Provision as to the place and manner of disposal of garbage by the contractor;

C. Provision for the public liability and compensation insurance in an amount determined by the city council;

D. Provision requiring the contractor to keep records and for auditing thereof;

E. Provision for termination in the event of default;

F. Provision regulating hours for the contractor’s operations, manner of operations and type of equipment;

G. Provision that the rights of the contractor for the collection of garbage and rubbish shall be exclusive, except

as otherwise provided by the city council;

H. Provision for the disposition of the city’s own garbage and rubbish;

I. Provision obligating the contractor to provide dumping grounds, facilities or other means of disposing of

garbage and rubbish collected by the garbage collector;

J. Provisions obligating the contractor to provide dumping grounds for trash and rubbish of residents of the city

without charge, or for such charges as shall be approved by the city council, or specifying the periods during which

the grounds shall be open and made accessible for the residents of the city;

K. Provision giving the city the option to buy the contractor’s equipment and dumping grounds or privileges at

the termination of the contract;

L. Provision specifying the minimum requirements and speciNcations for garbage and rubbish collection,

transportation and disposal methods, and the vehicles and other facilities used in connection with the collection,

transportation and disposal of garbage and rubbish;

M. Provision permitting the contractor to apply to the city council for an adjustment of the terms of the contract,

including the increase or adjustment of the maximum rates and charges which the contractor is permitted to

collect from the residents of the city and the amount of the payments to the city for the contract. The city council

shall have the right to grant such adjustment of the terms of the contract whenever the contractor can establish

and the city council Nnds that there is a good cause of such adjustment by reason of a change of conditions arising

through no fault of the contractor and which have resulted in preventing the contractor from making a reasonable

proNt in the performance of such contract; provided, however, that the city council shall be the sole judge of

whether such adjustments, if any, are necessary, and the extent thereof;

N. Any and all other provisions which the city council considers necessary or desirable for the protection of the

city and its citizens.

O. The city council shall not provide, in any such contract, for the collection of rubble and debris contained in

debris boxes as deNned herein.

P. Such contract may provide for the placing and collection of large containers for the storage and disposal of

rubbish or debris generated by packing, packaging, producing, manufacturing, shipping, restoring, repairing,

warehousing or other related commercial or industrial activities. Collection of such containers shall be done on a

regular basis, at least once a month.

(Ord. 1651 NCS §3, 1986; Ord. 173 NCS §10; prior code §13.10.)

The city council shall have the right to amend this chapter from time to time in any way determined by it to be

desirable, including changes in the charges and rates for collection and disposal of garbage and rubbish, and shall

not be liable to the contractor on account of the changes; provided, however, that in the event that any

amendment aQects the operations of the contractor, the contractor may terminate the contract with the city, upon

giving written notice to the city council of such termination, within thirty days prior to the date of termination.

(Ord. 173 NCS §11; prior code §13.11.)

It is unlawful for any person, Nrm or corporation to collect and/or remove or cause to be collected and/or removed

any garbage, refuse, rubble, rubbish, or debris within the city contrary to the provisions of this chapter. The

provisions of this chapter shall be enforced pursuant to Chapters 1.10 through 1.15 of this code. Any such person,

Nrm or corporation violating or causing the violation of any provision of this chapter shall be guilty of a

misdemeanor and upon conviction thereof shall be punished by a Nne not exceeding one thousand dollars, or by

imprisonment in the county jail not exceeding six months, or both. (Ord. 2258 NCS §3, 2006.)

A. Non-Exclusive Franchise Agreement Required. Debris boxes shall be collected only by persons holding a valid

business license issued by the city for such collection. No business license shall be issued for debris box collection

without the applicant having previously entered into a non-exclusive franchise agreement with the city for the

placement and collection of debris boxes. Debris boxes shall contain only those materials described in Section

8.16.010(E).

B. Approval of Non-Exclusive Franchise Agreement by Resolution.

1. Findings and Purpose. Section 46 of Article VII of the Petaluma City Charter provides that action to award

city franchises be taken by ordinance unless the council takes action pursuant to a general law of the state.

Approval of identical form non-exclusive franchise agreements for debris box collection by individual

ordinance would be wasteful of public resources in that it would delay increased waste diversion, recycling

and payment of franchise fees to the city and require repetitive city council proceedings. City council approval

of non-exclusive franchise agreements and city manager execution of franchise agreements using a council-

approved form document pursuant to this section is intended to meet the requirements of Section 46, Article

VII of the Petaluma City Charter, provide for appropriate council oversight concerning the debris box non-

exclusive franchise program, promote Nscal ePciency, preserve staQ and council resources, and provide the

necessary Oexibility to maximize landNll diversion and promote re-use and recycling.

2. Approval by Resolution. In accordance with Section 46 of Article VII of the City of Petaluma Charter, the city

council of the city of Petaluma may approve form non-exclusive debris box franchises by resolution.

3. Execution of Non-Exclusive Debris Box Franchises by City Manager. The city manager or his/her designee is

authorized to execute on behalf of the city non-exclusive debris box franchise agreements; provided, that the

terms of such agreements do not diQer materially from a form franchise agreement previously approved by

city council resolution, including any such resolution adopted prior to the enactment of this subsection.

ModiNcations required to comply with state or federal law and/or changes in insurance requirements shall

not constitute material diQerences for purposes of this section, but shall require approval of the city’s risk

manager and city manager and be approved by the city attorney as to form.

(Ord. 2284 NCS §4, 2007; Ord. 2258 NCS §4, 2006.)

The city council shall have the right to grant required annual permits to any person authorizing the applicant to

remove and transport, or cause to be removed and transported through the city streets and dispose of garbage

produced and accumulated within the city by the applicant incidental to and as a by-product of the principal

business of the applicant. (Ord. 173 NCS §13; prior code §13.13.)

An application for a permit as required by Section 8.16.120 shall be Nled with the city clerk and shall be

accompanied by a Nling fee of Nfty dollars, unless the application shows that the applicant has a contract with the

oPcial garbage collector for the collection, transportation and disposal of the applicant’s garbage, in which case no

fee shall be payable for the application or the permit to be granted pursuant thereto. The application shall include:

A. The name and address of the applicant;

B. The kind and approximate amount of garbage which will be removed by or for the applicant and the

frequency of the removals;

C. The name and address of the person who will collect, remove and dispose of the garbage;

D. The place to which the garbage is to be removed and disposed of;

E. A statement and agreement that the applicant will comply in every respect with the regulations and

conditions pertaining to the sanitary methods required to be employed and the equipment required to be used by

the oPcial garbage collector under the latter’s agreement with the city.

Before granting any permit for the removal, transportation or disposal of garbage, pursuant to the provisions of

this section, the applicant shall be required to carry workmen’s compensation and public liability and property

damage insurance in the same amounts as required of the oPcial garbage collector and also furnish and maintain

during the term of the permit, a corporate surety bond issued by a company satisfactory to the city council in the

same amount required of the oPcial garbage collector, guaranteeing the full and faithful compliance by the applicant of all the terms and conditions of the permit and the provisions of this chapter, provided, however, that

if the applicant’s garbage is to be removed, transported or disposed of by the oPcial garbage collector, no

additional insurance or bond shall be required for the permit.

(Ord. 173 NCS §13; prior code §13.14.)

No person shall burn or bury garbage within the city, except that combustible garbage may be disposed of by

burning inside of buildings in stoves for that purpose to the extent now or hereafter permitted by laws, ordinances

or regulations. Nothing herein contained shall prevent or prohibit the disposition of garbage by means of

domestic garbage grinders or dispensers located in residences whereby the garbage is ground up by a mechanism

connected with the plumbing system, where the garbage is rendered into a condition to permit the discharge, and

which is discharged through waste drains as sewage. (Ord. 173 NCS §23; prior code § 13.15.)

No person shall keep, accumulate or permit to be kept or accumulated any rubbish within the city except in

suitable containers acceptable to the garbage collector and suitable for removal by him. Nothing herein shall

prevent a person burning rubbish or disposing of rubbish in compost piles or hauling the same away from the city,

dumping or causing the same to be dumped in any public rubbish dump to the extent permitted by laws,

ordinances or regulations of this city. The burying of rubbish within the city limits is speciNcally prohibited. (Ord.

784 NCS §2; Ord. 173 NCS §24; prior code §13.16.)

No person shall keep, accumulate or permit to be kept or accumulated, any garbage, except in a container

conforming with the provisions and requirements of this chapter. (Ord. 173 NCS §22; prior code §13.17.)

It shall be the duty of every owner, manager or person in possession, charge or control of any place of business,

boardinghouse, restaurant, hotel, apartment house or eating house, and of every person occupying a dwelling or

Oat within the city to provide, or cause to be provided, and at all times to keep, or cause to be kept, as prescribed

in this chapter, at least one portable vessel, box, tank or other receptacle for holding garbage or rubbish; provided,

however, that this provision shall not apply with respect to any residence equipped with a domestic garbage

grinder or dispenser, as provided in Section 8.16.140, and by means of such garbage grinder, all of the garbage

accumulated on the premises is disposed of. (Ord. 173 NCS §14; prior code §13.18.)

Each vessel, tank, box or receptacle shall be constructed of metal and shall be watertight and shall have a capacity

of not more than thirty gallons; and shall be provided with a handle on the outside thereof and a tight-Ntting metal

cover. No container shall be loaded to such an extent that the weight, including its contents, exceeds one hundred

and twenty-Nve pounds. (Ord. 173 NCS § 14.22; prior code §13.19.)

The receptacle as required by Section 8.16.170, when containing garbage, shall at all times be kept covered, except

when necessary to place garbage therein or take garbage therefrom. Each such vessel, tank, box or receptacle,

including its cover, shall be kept clean from accumulating grease and decomposing material on the outside

thereof. (Ord. 173 NCS §14; prior code § 13.20.)

Each garbage and rubbish tank, vessel, box or receptacle provided, or caused to be provided, as required by

Section 8.16.170, in any place of business, rooming house, restaurant or hotel, apartment house, eating house or

dwelling house shall be kept or placed in the following manner during the time for collection:

A. Where there is any alley, other than a blind alley, in the rear of the premises, the vessel, tank, box or

receptacle shall be placed on the premises within Nve feet of the rear property line;

B. Where there is no alley or merely a blind alley, the vessel, tank, box or receptacle shall be placed on the

premises within twenty feet of the rear of the dwelling house, apartment house or place of business from which

garbage and rubbish is accumulated.

(Ord. 173 NCS §15; prior code §13.21.)

The city council hereby Nnds that the public health, safety and welfare of the people of the city is hereby promoted

by the periodic collection of garbage and rubbish from all places within the city. Therefore, all owners and

occupants presently receiving such service, all owners and occupants of structures hereafter constructed and all

owners and occupants of existing structures not receiving services at the time of change in occupancy of such

structures shall receive garbage collection services as provided by the contract under Section 8.16.090 herein. The

garbage collector under such a contract shall have the duty to collect garbage and refuse from such structures

commencing at each of the foregoing times. The owners and occupants are liable for the cost of such collections

to the exclusive garbage collector for the amount reasonably required for full service to said structure or portion thereof, at the rates authorized by this chapter as established by resolution of the city council. (Ord. 1651 NCS §6,

1986.)

The maximum charges and rates for collection and removal of garbage and rubbish from business establishments

shall be set from time to time by resolution of the city council. The resolution shall provide a monthly rate for

regular daily collection, except for Sundays and holidays, for containers not exceeding thirty gallons in capacity. In

addition, it shall provide for a cubic yardage rate and a weight rate for garbage and rubbish of a bulky, weighty, or

other nature which makes it inconvenient and impractical to place the same in a thirty-gallon or lesser-sized

container. (Ord. 562 NCS §2; prior code § 13.22.)

The maximum charges and rates for collection and removal of garbage and rubbish and tree and garden

trimmings from the occupants, tenants, or lessees of any place of residence, including within the meaning of this

term any type building used for dwelling purposes, shall be set from time to time by resolution of the city council.

The resolution shall provide for monthly charges for regular collections, weekly or otherwise, of the contents of a

can, container, or receptacle having not more than thirty gallons capacity, or two cans, containers or receptacles

having not more than sixteen gallon capacity each. Rates and charges shall be established for the collections of

rubbish and garbage in amounts in excess of the capacity of a thirty gallon, or two sixteen gallon cans, containers,

or receptacles. (Ord. 562 NCS §3; prior code §13.23.)

The resolution establishing charges, as provided for in this section and Section 8.16.220, for the collection and

removal of garbage and rubbish shall be published once in the oPcial newspaper of the city within ten days after

its adoption. The oPcial collector shall cause the charges to be printed and posted in a conspicuous place in his

principal oPce. He shall, upon the request of any customer, furnish the customer a printed copy of the current

rates then in eQect. He may be required by the council to mail all customers a printed copy of the rates and

charges not more than once a year or upon an eQective change of rates and charges. (Ord. 562 NCS §4; prior code

§ 13.24.)

The oPcial collector shall have the right from time to time to apply to the city council for a change in rates and

charges at such times as he Nnds that the rates and charges do not provide a fair and reasonable return or proNt

to him. His application shall be addressed to the city council and shall be supported by exhibits, in the form and with the data as may be required by the council, which shall among other things show the rates and charges

requested. (Ord. 562 NCS §5; prior code §13.24.1.)

Within three months after the close of the oPcial collectors taxable year he shall submit to the city council a

report, in the form suitable to the council, showing the results of the past year’s operations. (Ord. 562 NCS §5;

prior code § 13.24.2.)

On the failure to make the demand for payment of garbage collection charges in advance as mentioned in Section

8.16.270, all charges for the collection and removal of garbage and rubbish shall be due and payable the Nrst of

the month following the collection and removal. Whenever the collection and removal of garbage and rubbish has

been made for less than one month preceding the Nrst day of the month following the collection and removal, the

amount of charge shall be one-half of the regular monthly charge if the period of the collection is less than one-

half of one month, and shall be the entire amount of the monthly charge if the collections have been made for

more than one-half of the preceding month. (Ord. 343 NCS §5; prior code §13.25.)

The garbage collector shall have the right to demand, in writing, the payment in advance of charges for the

collection and removal of garbage and rubbish covering a period not to exceed three months, and upon the

refusal to make such payments on demand, the garbage collector may refuse to collect garbage and rubbish from

the premises of the person refusing to make the payments in advance. (Ord. 343 NCS §5; prior code § 13.26.)

Whenever any person makes a payment, in advance, of garbage collection charges, and moves from the premises

for which the collections are made, prior to the completion of the collections for which such payments have been

made, the garbage collector shall refund the portion of the prepaid collections for which no collection service has

been performed. (Ord. 343 NCS §5; prior code § 13.27.)

It shall be the duty of every person whose garbage and rubbish is removed pursuant to the provisions of this

chapter to pay the charges and fees prescribed in this chapter and any failure to pay the charges and fees, after demand is made therefor, shall constitute a breach of contract and the person guilty thereof shall be liable and

may be sued for the entire amount due therefor, together with all costs of collection. (Ord. 173 NCS §25; prior

code § 13.28.)

Any person who is in default in the payment of any charges or fees provided in this chapter and on whom demand

therefor has been made, is hereby prohibited from accumulating or permitting the accumulation of garbage and

rubbish on or in the premises occupied by the person, and any accumulation of garbage and rubbish in violation

of this section shall constitute a nuisance, and the person who wilfully violates the provisions of this section is

guilty of an infraction, punishable as set out in Section 1.04.060 of this code. (Ord. 1304 NCS §4, 1978; Ord. 173

NCS §25; prior code § 13.29.)

All garbage and rubbish accumulated at any place of business dealing in perishable food commodities including

hotels, restaurants, fruit or vegetable markets, Nsh, meat or poultry markets, or other business places or

institutions dealing in or using vegetable or animal matter subject to decomposition and decay shall be collected

and removed daily, except Sundays and legal holidays, and between the hours of Nve a.m. and Nve p.m. (Ord. 173

NCS §17; prior code §13.30.)

All garbage and rubbish accumulated at any single-family private dwelling house, and at any apartment, Oat or

residence for more than one family shall be collected and removed at suPciently regular intervals as shall be

necessary to remove the containers thereof when full and not less than once each week, and between the hours

of six a.m. and six p.m., on such dates of removal. (Ord. 173 NCS §16; prior code § 13.31.)

materials.

Upon placement by the owner or occupant of a premises of garbage, rubbish, or recyclable materials in a

receptacle designated for the collection of these items by the garbage collector, the garbage and rubbish,

including all recyclable materials, shall become the property of the garbage collector. The owner or occupant of a

premises shall have the right up to the point in time that the garbage collector empties the receptacle to retrieve

any item discarded in error. (Ord. 2142 NCS §1, 2003.)

Except as provided in this chapter, no person shall access any receptacle for the purpose of removing or taking

garbage or rubbish, including recyclable materials, placed therein for collection, recycling or disposal by the

garbage collector. No person other than an agent or employee of the city or the garbage collector shall remove or

otherwise interfere with any receptacle that has been placed in a location appropriate for storage and/or the

collection of garbage or rubbish without the prior written approval of the owner, occupant or other person in

charge of the day to day operation of the premises. (Ord. 2142 NCS § 1, 2003.)