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Earlier editions: 2026-09

Division 13 — ENFORCEMENT›Chapter 18A — SOLID WASTE DISPOSAL

Red Bluff Municipal Code Art. I General Provisions

Red Bluff Municipal Code · 2026-10 edition · updated 2026-10-03 · Red Bluff

Cite as: Red Bluff Municipal Code Article I · Text as of 2026-10-03

§ 18A.1 DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COLLECTION. The act of collecting solid wastes at the place of waste generation by an approved collection agency, public or private, and is distinguished from "removal."

COLLECTION FACILITY. A center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment, except as indicated in § 18A.24. COLLECTION FACILITIES may include the following:

(a) Reverse vending machine(s);

(b) Collection facilities which shall occupy an area of not more than 500 square feet and may include:

  1. A mobile unit;

  2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

  3. Kiosk-type units which may include permanent structures; and

  4. Unattended containers placed for the donation of recyclable materials.

FRANCHISE AREA. The area within the city limits of the city on the effective date of the ordinance codified in this chapter, including any federal or state enclaves, and any areas annexed to the city or coming under the city's solid waste management or planning authority after that date.

FRANCHISEE. A firm who has been granted an exclusive franchise to collect solid waste within the city pursuant to the provisions of this chapter.

FRANCHISOR. The city which grants an exclusive franchise to collect solid waste within the city pursuant to the provisions of this chapter.

GARBAGE. All kitchen and table food waste and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.

GENERATORS. Individuals, businesses and other entities, including the town, that generate solid waste and/or recyclable materials in the franchise area and are customers of franchisee's services hereunder.

GROSS REVENUE. Any and all revenue received from payments for services provided and actually received by the franchisee for the collection and transportation of solid waste pursuant to the franchise agreement, in accordance with generally accepted accounting principles, but excluding revenues from the sale of recyclable materials and recyclable solid waste.

HAZARDOUS WASTE. Any substance, waste or mixture of wastes defined as a HAZARDOUS SUBSTANCE, HAZARDOUS WASTE or HAZARDOUS MATERIAL pursuant to RCRA, CERCLA, and all future amendments to either of them, or as defined by the California Integrated Waste Management Board or California Department of Toxic Substances Control, and any consumer products with any of the characteristics of a HAZARDOUS SUBSTANCE. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term HAZARDOUS WASTE shall be construed to have the broader, more encompassing definition.

LITTER. All improperly discarded waste material, including, but not limited to convenience food, beverage and other product packages or containers constructed of steel, aluminum, glass, paper, plastic and other natural and synthetic materials, thrown on or deposited on the lands and waters of the city, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, saw milling or manufacturing.

MOBILE RECYCLING UNIT. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A MOBILE RECYCLING UNIT also means the bins, boxes or container transported by trucks, vans or trailers and used for the collection of recyclable materials.

NUISANCE. Anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

PREMISES. A tract or parcel of land with or without habitable buildings or appurtenant structures.

PUTRESCIBLE WASTES. Wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions and includes materials such as food wastes, offal and dead animals.

RECYCLABLE MATERIAL. Reusable material, including but not limited to, metals, glass, plastic, and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. RECYCLABLE MATERIAL does not include refuse or hazardous materials. RECYCLABLE MATERIAL may include used motor oil collected and transported in accordance with California Health and Safety Code §§ 25250.11 and 25143.2(b)(4).

REFUSE. Garbage and rubbish.

REMOVAL. The act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.

REVERSE VENDING MACHINE.

(a) An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A REVERSE VENDING MACHINE may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates and to meet the requirements of certification as a recycling facility, multiple groupings of reverse vending machines may be necessary.

(b) BULK REVERSE VENDING MACHINE. A reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.

RUBBISH. Non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.

SOLID WASTE. All putrescible and non-putrescible refuse, garbage, rubbish, including without limitation RECYCLABLE SOLID WASTE and YARD WASTE, and as otherwise defined in California Public Resources Code § 40191.

SPECIAL WASTE. Those solid wastes which consist of or contain pollutants which, under ambient environmental conditions at a sanitary landfill or other waste management unit, could be released at concentrations in excess of applicable water quality objectives, or which could cause degradation of waters of the state, and which may only be discharged at waste management units that are designated either "Class I" or "Class II" by the California Integrated Waste Management Board, or successor agency.

VECTOR. Any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease or disrupting the normal enjoyment of life by adversely affecting the public health and well being.

(B) LITTER, SOLID WASTE, PROCESSING, RECYCLING and PERSON shall be defined for purposes of this chapter as set forth in state law.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.2 FINDINGS.

(A) The City Council finds that the provisions of the California Integrated Waste Management Act of 1989 require the city to develop a comprehensive program to reduce, recycle or otherwise divert the city's solid waste stream from landfill disposal by specific amounts on certain dates.

(B) The City Council further finds that the public health, safety and welfare require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting and disposal of all solid waste in the city.

(C) The City Council also finds that the management of solid waste within the city subject to the provisions of this chapter is in accordance with the goals and policies of the city’s general plan.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.3 PURPOSE.

The purpose of this chapter is to:

(A) Establish the standards and procedures for complying with the California Integrated Waste Management Act of 1989;

(B) Protect the health, safety and welfare of the general public by establishing appropriate standards governing the collection and disposal of solid waste;

(C) Provide for resource conservation which will provide long-term economic, energy and natural resource benefits to society;

(D) Extend the life of the Tehama County/Red Bluff Landfill by diverting and recycling as much solid waste as possible; and

(E) Protect the environment by establishing proper collection and disposal programs.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.4 GENERAL APPLICABILITY OF CHAPTER STANDARDS.

The standards in this chapter shall apply to all facilities, equipment or vehicles used for storage, removal, transport and other handling of solid wastes.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.5 CONFORMANCE WITH COUNTY WASTE DISPOSAL PLAN.

Storage and removal of solid wastes in the city shall be in conformance with the county's solid waste plan, as contained in Title II, Division III, Part VII, Chapter 4, §§ 2840 to 2847 of the county code.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.6 LOCAL ENFORCEMENT AGENCY.

The local enforcement agency shall be the County Health Department, pursuant to this chapter and the provisions of the joint powers agreement relating to solid waste disposal entered into between the county and the city.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.7 RESPONSIBILITY FOR COMPLIANCE.

The owner, operator and/or occupant of any premises, business establishment, industry or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.8 FRANCHISES.

(A) The maximum number of franchises to be awarded by the City Council shall be one franchise for the collection, transportation, recycling, composting and disposal and waste diversion of solid waste within the city's boundaries. The granting of the franchise shall be through an agreement between the city as the franchisor and the contractor as a franchisee.

(B) A franchise shall be granted only to persons who possess all permits and licenses necessary to provide solid waste collection services in Tehama County and the city. A franchise may be revoked according to the terms of the relevant franchise agreement or upon the conviction of a franchisee for a violation of any crime involving moral turpitude or any federal, state, county or local statute relating to the collection, transportation and disposal of solid waste.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.9 FRANCHISE FEE.

The franchisee shall pay the city a franchise fee of 6% of gross revenues, in accordance with generally accepted accounting principles, on a quarterly basis and in the month following the end of a quarter; however, no later than the fifteenth day of the month it is due. Accompanying each quarter payment shall be an accounting of the gross revenue for the corresponding quarter.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.10 STORAGE OF SOLID WASTE.

(A) In all cases in which garbage and rubbish are combined, standards for garbage shall prevail.

(B) The property owner or occupant shall store solid waste on his or her premises or property or shall require it to be stored or handled in a manner so as not to promote the propagation, harborage or attraction of vectors or the creation of nuisances.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.11 BUILDING DESIGN SPECIFICATIONS AND CONSTRUCTION REQUIREMENT FOR ANTICIPATED…

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage and handling which will accommodate the solid waste loading anticipated and which will allow for efficient and safe waste removal or collection. The design and construction shall conform to the requirements set forth in a document entitled "City of Red Bluff-Trash Enclosure Requirements" on file in the Office of the Building Official.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.12 MAINTENANCE OF STORAGE CONTAINERS.

Where the franchisee furnishes storage containers, he or she is responsible for maintaining the containers in good condition, ordinary wear and tear excepted, unless they are furnished under other terms, conditions or agreements. He or she shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.13 CONTAINER SPECIFICATIONS.

Property owners and tenants shall deposit all garbage and putrescible matter or mixed garbage and rubbish in containers which are either nonabsorbent, watertight, vector-resistant, durable, easily cleanable and designed for safe handling or in paper or plastic bags with sufficient strength and water tightness and which are designed for the containment of refuse. Containers for garbage and rubbish shall be of an adequate size and in sufficient numbers to contain, without overflowing, all the refuse that a household or other establishment generates within the designated removal period. Containers, when filled, shall not exceed reasonable lifting weights for an average physically fit individual, except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition free from putrescible residue.

(Ord. 995, passed 1-6-2009)

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§ 18A.14 IDENTIFICATION OF CONTAINERS.

Containers of one cubic yard or more owned by the franchisee shall be identified with the name and telephone number of the agent servicing the container.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.15 TAMPERING WITH CONTAINER WASTES.

No person shall tamper with, modify, remove from or deposit solid wastes in any container which has not been provided for his or her use without the permission of the container owner.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.16 MANDATORY SERVICE.

(A) The owner, tenant or occupant of every parcel with one or more businesses and/or residential buildings approved for occupancy and located within the city shall subscribe to and thereafter use regularly, the refuse collection service franchised by the city.

(B) Should a tenant or occupant of a premises fail to subscribe for refuse collection service franchised by the city, the owner of the occupied premises shall subscribe for solid waste disposal services within seven days of the occupancy of the premises. If the owner fails to subscribe for service, the franchisee shall give the owner written notification that service is required.

(C) The franchisee shall give written notice to the City Manager or his or her designated representative of the address of any occupied premises within the city which is not subscribing to the collection and disposal service provided by the franchisee.

(D) The property owner or occupant shall store solid waste on his or her premises or property or shall require it to be stored or handled in a manner so as not to promote the propagation, harborage or attraction of vectors, or the creation of a nuisance. It shall be unlawful for any person to allow garbage, rubbish, or solid waste materials to accumulate outside of an authorized garbage, rubbish, or waste container. The garbage, rubbish, or waste material shall be removed not less than weekly except when prevented by disruptions due to strikes, severe and unusual weather conditions which prevent collection or official holidays interrupting the normal seven-day collection cycle.

(E) Property owned by federal, state or local governments shall be exempt from the requirements of this section.

(Ord. 995, passed 1-6-2009)

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§ 18A.17 DISCONTINUING SERVICE UPON VACANCY.

The owner, tenant or occupant of any premises required to subscribe to a refuse collection service under this chapter may discontinue service for one or more months when the premises are vacant or the occupant is traveling out of town. The owner, tenant or occupant is required to submit written notice of such vacancy to the franchisee. Monthly garbage fees shall continue to accrue until a time as notice is received by the franchisee. In the event of a dispute arising under this section, the dispute shall be reviewed as set forth in § 18A.31(B).

(Ord. 995, passed 1-6-2009)

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§ 18A.18 OWNERSHIP OF WASTE MATERIALS.

Solid wastes subject to collection by the franchisee shall become the property of the franchisee subject to the provisions of this chapter and the franchise agreement.

(Ord. 995, passed 1-6-2009)

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§ 18A.19 SOLID WASTE COLLECTION.

No person, except the employees of the city in the course of their employment or the franchisee designated by the city, shall collect solid wastes in the city.

(Ord. 995, passed 1-6-2009)

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§ 18A.20 BURYING OR BURNING SOLID WASTE PROHIBITED.

No person shall bury or burn solid waste at any place within the city limits.

(Ord. 995, passed 1-6-2009)

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§ 18A.21 LITTERING PROHIBITED.

No person shall place, scatter or dump, or cause to be placed, scattered or dumped, on any of the parks, streets, sidewalks or public alleys in the city any solid waste in any quantity whatsoever.

(Ord. 995, passed 1-6-2009)

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§ 18A.22 PUBLIC LITTER RECEPTACLES.

No person shall place rubbish in a public litter receptacle. Only litter shall be placed in the receptacles.

(Ord. 995, passed 1-6-2009)

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§ 18A.23 CLEARING OF REFUSE OR LITTER FROM PRIVATE PROPERTY BY CITY.

(A) The local enforcement agency and the City Manager or his or her designee are authorized and empowered to notify the owner of any private property within the city or the agent of the owner or occupant to properly dispose of solid waste located on the owner's property which is dangerous to public health, safety or welfare. The notice shall be by certified mail, addressed to the owner at his or her last known address.

(B) Upon the failure, neglect or refusal of any owner or agent or occupant so notified to properly dispose of solid waste dangerous to public health, safety or welfare within five days after receipt of written notice provided for in division (A) above, or within seven days after the date of the notice in the event the same is returned to the local enforcement agency because of inability to make delivery thereof, provided the same was properly addressed to the last known address of the owner, agent or occupant, the city is authorized to pay for the disposing of the solid waste.

(C) When the city has effected the removal of the solid waste or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of 7% per annum from the date of the completion of the work, if not paid by the owner or occupant prior thereto, shall be charged to the owner or occupant of the property and the charge shall be due and payable by the owner at the time of presentation.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.24 RIGHT OF ENTRY.

(A) (1) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, the local enforcement agency and the City Manager or his or her designee are hereby authorized to enter the property at any reasonable time and to inspect the same and perform any duty imposed upon the local enforcement agency by this chapter or by the other applicable law. If the property be occupied, he or she shall first present proper credentials to the occupant and request entry, explaining his or her reasons therefor.

(2) If the property be unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining his or her reasons therefor. If the entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the local enforcement agency shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(B) Notwithstanding the foregoing, if the local enforcement agency has reasonable cause to believe that there is an accumulation of solid waste or other unsanitary conditions prohibited by this chapter, on the premises which could be seriously detrimental to the public health or safety, he or she shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect the entry and make the inspection, whether the property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he or she shall first present proper credentials to the occupant and demand entry, explaining his or her reasons therefor and the purpose of his or her inspection. No person shall fail or refuse, after proper demand has been made upon him or her, as provided in this section, to promptly permit the local enforcement agency to make any inspection provided for by this section.

(Ord. 995, passed 1-6-2009)

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§ 18A.25 CONSTITUTIONALITY.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 995, passed 1-6-2009)

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§ 18A.26 VIOLATIONS.

Any person or organization violating any section of this chapter is guilty of a misdemeanor and shall be punished as provided by California Penal Code § 19.

(Ord. 995, passed 1-6-2009)

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§ 18A.27 PERMITS REQUIRED.

No person shall permit the placement, construction or operation of any collection facility without first obtaining a permit pursuant to the provisions set forth in this section. The permit shall be issued by the Planning Department upon a showing by the applicant that the requirements of § 18A.28 have been or will be met. Collection facilities may be located in all commercial and industrial zones and, with a Conditional Use Permit, in R-3 (Neighborhood Apartment) and R-4 (General Apartment) zones.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.28 CRITERIA AND STANDARDS.

(A) Those collection facilities permitted shall meet all of the applicable criteria and standards listed.

(B) The criteria and standards for collection facilities are as follows:

(1) Reverse vending machine(s) located within a commercial structure do not require permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones with a permit issued by the Planning Department provided that they comply with the following standards:

(a) Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

(b) Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

(c) Shall not occupy parking spaces required by the primary use;

(d) Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

(e) Shall be constructed and maintained with durable waterproof and rustproof material;

(f) Shall be clearly marked to identify the type of material to be deposited, operating instructions and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

(g) Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

(h) Shall be maintained in a clean, litter-free condition on a daily basis;

(i) Operating hours shall be at least the operating hours of the host use;

(j) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(2) Small collection facilities may be sited in commercial and industrial zones with a permit issued by the Planning Department; and, with a Conditional Use Permit, in R-3 (Neighborhood Apartment) and R-4 (General Apartment) zones. Small collection facilities must comply with the following conditions:

(a) Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

(b) Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers, but required parking spaces may not be used;

(c) Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation;

(d) Shall accept only glass, metals, plastic containers, papers and reusable items; (Used motor oil may be accepted with written permission of the County Department of Environmental Health.)

(e) Shall use no power-driven process equipment except for reverse vending machines;

(f) Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

(g) Shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present;

(h) Shall be maintained free of litter and any other undesirable materials and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

(i) Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property; otherwise shall not exceed 70 dBA;

(j) Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 am. and 7:00 p.m.;

(k) Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

(l) Containers shall be clearly marked to identify the type of material which may be deposited; (The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.)

(m) Signs may be provided as follows:

  1. Recycling facilities may have identification signs with a maximum of 20% per side or 16 square feet, whichever is larger, in addition to informational signs required herein; (In the case of a wheeled facility, the side will be measured from the pavement to the top of the container.)

  2. Signs must be consistent with the character of the location;

  3. Directional signs, bearing no advertising message, may be installed with the approval of the Technical Advisory Committee if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; and

  4. The City Technical Advisory Committee may authorize increases in the number and size of signs upon finding that it is compatible with adjacent businesses.

(n) The facility shall not impair the required landscaping;

(o) No additional parking spaces will be required for customers of a collection facility located at the established parking lot of a host use; and (One space will be provided for the attendant, if needed.)

(p) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.29 BILLING FOR SERVICES.

The franchisee shall be responsible for billing solid waste collection subscribers consistent with the terms of the franchise agreement. Notwithstanding the provisions of § 18A.16(D), the franchisee may discontinue service to customers for failure to timely pay for service, consistent with the terms of the franchise agreement. The franchisee shall notify the city, in writing, at the time service is discontinued. Said notice shall include the identity of the service recipient, the affected address, and the period of delinquency.

(Ord. 995, passed 1-6-2009)

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§ 18A.30 COLLECTION RATES.

(A) The franchise agreement shall establish rate ceilings for all solid waste collection, transportation, recycling and disposal services. The rate ceilings may be adjusted from time to time consistent with the terms of the franchise agreement. Rates charged by the franchisee for solid waste collection, transportation, recycling and disposal services may not exceed the rate ceilings set forth in the franchise agreement, as such may be adjusted from time to time consistent with the terms of the franchise agreement. Those rates shall include rates for residential service, commercial service and shall provide for a discounted senior citizen residential rate. For purposes of determining eligibility for the senior citizen residential rate, persons age 62 or older on January 1 of the subject year shall be eligible. Eligibility may be established by a current valid California driver's license, an official copy of a birth certificate, or such other verification as may be accepted by the City Manager or his or her representative. Persons claiming entitlement to the senior citizen residential rate shall present written verification to the franchisee.

(B) Rates charged by the franchisee shall not exceed the rate ceilings set forth in the franchise agreement, as such may be adjusted from time to time consistent with the terms of the franchise agreement.

(Ord. 995, passed 1-6-2009)

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§ 18A.31 RULES AND REGULATIONS; APPEAL PROCESS.

(A) The City Manager, or his or her designated representative, may adopt such rules and regulations as may be necessary for the proper administration and enforcement of this chapter. The regulations may include:

(1) The required frequency of collection from various types of places and premises;

(2) The types of special containers for certain classes of refuse;

(3) The types of special containers required for certain classes of places and premises; and

(4) Exemptions from mandatory trash collection requirements for property uses which generate little or no solid waste.

(B) The City Manager or his or her designated representative shall resolve all disputes concerning the administration or enforcement of this chapter. Any affected person who is dissatisfied with the determination of the City Manager may appeal the same to the City Council. The appeal must be in writing and set forth the reasons for the appeal. The written appeal and the appeal fee, as set by City Council resolution, must be filed with the City Clerk within ten days after such decision by the City Manager or his or her designated representative. No alleged violation of this chapter shall be permitted, or be continued, during the time any appeal is pending.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

§ 18A.32 UNLAWFUL ACTION/PENALTY.

(A) It is unlawful for any person or generator in the city to do any of the following:

(1) Dispose of or dump solid waste on public or private rights-of-way;

(2) Dispose of toxic or hazardous materials in a manner that creates a public health, safety or environmental hazard;

(3) Dispose of dead animals as part of normal collection of solid waste;

(4) Utilize solid waste containers belonging to other individuals without prior written permission;

(5) Fail to contract with the city's authorized solid waste collection franchisee to collect solid waste and recyclable materials from the generator unless granted an exemption from such required contracted service by the city;

(6) Pick up recyclable material placed curbside by other property owners or tenants for collection by the city's authorized franchised solid waste collector;

(7) Place and leave a solid waste/recyclable materials container within the front yard or at curbside or roadway collection point more than 24 hours before the day of collection pickup or beyond 24 hours after the day of collection pickup.

(B) Any person or generator violating any of the provisions of this chapter shall be guilty of an infraction with fines pursuant to California Government Code § 36900. Any additional violation of this chapter within one year of the first violation may be prosecuted by the City Attorney as a misdemeanor with a fine nor exceeding $1,000 and/or six months in the county jail; and provided, however, the City Attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(C) The provisions of this chapter may also be enforced through the city's Administrative Code Enforcement process.

(Ord. 995, passed 1-6-2009)

Exceptions & meaning →

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