Ross Municipal Code § 6.08

6.08.020 Permits required – Issuance. 6.08.030 Permits – Nontransferable. 6.08.040 State provisions--Applicability. 6.08.050 Suspension of certificate--Hearing--Revocation. 6.08.060 Employment after certification. 6.08.070 Delegation to county health officer. 6.08.075 Approved building plans. 6.08.080 Penalties.

6.08.010 Definitions. The words and phrases used in this chapter shall have the following meanings:

(1) "Food" means all articles used for human consumption as food, drink, confectionery, or condiment, whether simple or compound;

(2) "Food establishment" means any building, room, stand, vehicle, enclosure, place, space, or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served, or displayed excepting that private dwellings in which food is handled by and for only the occupants of those dwellings and their household guests are not included in this definition;

(3) "Health officer" means the health officer of Marin County, or their authorized representative;

(4) "Person" means an individual, firm, corporation, partnership, club, association, or organization;

(5) "Employee" means any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving, or display, or who comes in contact with food equipment, utensils, or machinery. (The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.) (Ord. 728 (part), 2025; Prior code §5300).

6.08.020 Permits required—Issuance. It is unlawful for any person to operate any food establishment within the town without a valid permit issued by the health officer, or their authorized representative. The permit shall bear the date of expiration and shall be displayed prominently in the place of business for which it is issued. (Ord. 728 (part), 2025; Ord. 330 §l, 1973: prior code §5301(part)).

1 For statutory provisions pertaining to the regulation of food by local authorities, see H. & S. C.A. §26620 et seq.

6.08.030 Permits--Nontransferable. No permit to operate such place of business shall be issued until all of the provisions of this chapter and of Division 21 of the California Health and Safety Code, and all rules and regulations of the State Board of Public Health have been complied with. A permit is not transferable upon change of ownership of a food establishment. (Ord. 330 §2, 1973: prior code §5301(part)).

-- 6.08.040 State provisions Applicability. Inspections under this chapter shall be based upon provisions of the Division 21 of the California Health and Safety Code and on rules and regulations of the State Board of Public Health and subsequent modification thereof. (Ord. 330 §3, 1973: prior code §5301(part)).

6.08.050 Suspension of permit--Hearing--Revocation. A permit may be suspended by the health officer for violation of any provision of this chapter, but not until after the holder has been given an opportunity for a hearing before the health officer, except that a permit shall be immediately suspended if employees with contagious tuberculosis or other communicable disease are not immediately excluded from the food establishment as ordered by the health officer. After the hearing a reasonable time shall be allowed by the health officer for correction of the violations. During that correctional period the permit may be suspended, and the food establishment may be ordered closed during the suspension if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the permit shall then be revoked. (Ord. 330 §4, 1973: prior code §5301(part)).

6.08.060 Employment after certification. After the issuance of any permit hereunder, and during the full life of such permit, no person shall be employed in such food establishment except those whom the health officer has cleared or approved at the time of the permit issuance, or other personnel who has been approved by them thereafter, but prior to commencing work. (Ord. 728 (part), 2025; Ord. 330 §5, 1973: prior code §5301(part)).

6.08.070 Delegation to county health officer. The administration and enforcement of the provisions of this chapter are delegated to, and conferred upon, the Marin County health officer. (Prior code §5303).

6.08.075 Approved building plans. It is unlawful for any person to commence or perform any construction, reconstruction, remodeling or altering of any food establishment without first having the building plans therefor approved by the Marin County health department and the town building department. (Ord. 292 §1, 1969).

6.08.080 Penalties. Any violation of any of the provisions of this chapter shall be a misdemeanor and punishable as provided in Section 1.04.010 of this code. (Prior code §5304).

SOLID WASTE

Sections:

6.12.010 Purpose. The purpose of this chapter is to prevent actual or potential public health hazards and nuisance within the town of Ross, Marin County, California, by regulating the accumulation, collection and disposal of solid waste, and to provide for the licensing and responsibilities of persons engaged therein. It is declared to be in the public interest that the accumulation, storage, and disposal of all such materials be handled in such a manner as to prohibit the harboring and breeding of rodents and insects, to reduce pollution of the air caused by burning, fermentation or putrefaction of such materials, to prevent the spread of disease, to reduce the hazards of fire, and to prevent unsightliness resulting in the depreciation of property values and the comfortable enjoyment of life. Nothing in this chapter shall prevent generators from self-hauling to an authorized solid waste facility as expressly permitted under this chapter, from utilizing a temporary debris box service, or from utilizing an employee or independent contractor to

occasionally haul construction and/or demolition debris or for other occasional clean-up purposes consistent with section 6.12.250. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.020 Intent. It is further the intention of the town by this chapter to provide for the reduction, recycling, and resource recovery of solid waste generated within the town to the maximum extent feasible and as required by state law. Therefore, this chapter establishes and includes an approved solid waste collection service program for all persons in the town for the purpose of providing for the orderly and regular collection of solid waste. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.030 Definitions. As used in this chapter:

“Act” means the California Integrated Waste Management Act of 1989 (commencing with Section 40000 of the Public Resources Code), as amended, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the ShortLived Climate Pollutants Bill of 2016 (SB 1383), and as implemented by the regulations of CalRecycle.

"Authorized collector" means persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste generated by a permitted building project) originating in the town and doing so under a contract or franchise agreement with the town.

“Bulky waste” means large items of solid waste such as appliances (white goods), e-waste (except for universal waste), furniture, tires, carpets, mattresses and similar large items, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. It does not include abandoned vehicles or household hazardous waste.

“CCR” means the California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

“Collection” means to take physical possession of Solid Waste at, and remove from, the place of generation for transport to a solid waste facility or other recovery activity.

“Commercial business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family dwelling, or as otherwise defined in 14 CCR section 18982(a)(6). A multi-family dwelling that consists of fewer than (5) or more dwelling units is not a commercial business for the purposes of this Chapter.

“Commercial edible food generator” means a tier one or a tier two commercial edible food generator as defined in 14 CCR section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.

“Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR section 17855(a)(4); or, as otherwise defined by 14 CCR section 18982(a)(8).

"Compost" means a mixture that consists largely of decayed organic matter and is used for fertilizing and conditioning land.

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"Composting" means the process of controlled biological decomposition of organic waste.

"Construction and demolition debris" or "C&D" means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction clean-up operations on any pavement or structure.

"Container" or "collection container" means, for the purpose of this chapter, any bin, box or cart used for the purpose of holding solid waste for collection.

"Curbside program" means a recycling program which meets all of the following criteria:

(1) The program picks up recyclable materials from individual residences.

(2) The program is operated by, or pursuant to a contract with a town, county, or other public agency.

(3) The program accepts empty beverage containers from consumers with the intent to recycle them but does not pay the redemption value or redemption bonus.

“Debris box” means any ten (10) to forty (40) cubic yard container, or any compactor provided by a solid waste generator, placed in the public right-of-way, on town property, private property, or elsewhere in the service area, which is procured by a solid waste generator for their use in the collection of their solid waste. Debris boxes are serviced by means of lifting the entire container, including all contents, onto a designated collection vehicle.

"Designated collection location" means the place where an authorized collector has contracted with either the local governing body or a private entity to pick up segregated, recyclable materials. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial (or multifamily) enterprise.

“Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.

“Diversion” means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.

“Dwelling unit” means one (1) or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one (1) family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities. Cooking facilities for purposes of this chapter shall be defined as any combination of the following: sink, refrigerator, cupboard and/or storage, stove, oven (including microwave and convection).

“Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

“Enforcement action" means an action of the town to address non- compliance with this ordinance including, but not limited to, issuing administrative notices, citations, fines, penalties, or using other remedies.

“Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR section 18982(a)(25), including, but not limited to: a food bank as defined in Section 113783 of the Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of

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the Health and Safety code; and, a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

“Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter.

“Food waste” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. Food waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. Food waste does not include exempt waste.

“Garbage” means all non-recyclable packaging and putrescible waste generated on any premises within the town. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, large items, e-waste, universal waste, hazardous waste, household hazardous waste or exempt waste.

“Generators” means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of organic materials, or as otherwise defined as “organic waste generator” in 14 CCR section 18982(a)(48).

“Hauler” means a person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, authorized collectors, food waste self-haulers, and self-haulers. A person who transports material from reporting entity to another person is a transporter, not a hauler.

“Organic material” or "organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food waste, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR section 18982(a)(46).“Organic material processing facility” means any facility selected by the authorized collector that is approved by the town, or specifically designated by the town, operated and legally permitted for the purpose of receiving and processing organic materials.

"Person" means any person or persons, firm, association, corporation, or other entity acting as principal, agent or officer, servant or employee, for themselves or for any other person, firm, or corporation.

"Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures. For purposes of this chapter the word premises includes residential and commercial uses of the land, whether owned, leased, rented or subrented, including every dwelling house, dwelling unit, apartment house or multiple-dwelling building, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, warehouse and every other place or premises where any person resides, or any business is carried on or conducted within the town.

“Prohibited container contaminants” means (1) discarded materials placed in the designated Recyclables container that are not identified as acceptable source separated recyclables for the authorized collector’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the authorized collector’s designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in authorized

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collector’s designated organic materials collection container and/or designated recyclables collection container and, and (4) excluded waste placed in any container.

"Recyclable (source separated) materials" means any material designated to be separated from the waste stream for purposes of recycling, as designated by the authorized collector. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code section 40201. “Residential” means, for the purposes of this chapter, any premise consisting of between one (1) and four (4) dwelling units, and onsite domestic uses accessory to these dwelling units. A multi-family dwelling that consists of fewer than (5) dwelling units is residential, for the purposes of this chapter.

"Resource recovery" means the reclamation or salvage of wastes for reuse, conversion to energy or recycling .

“Self-haul” means a person who hauls solid waste, organic waste or recovered material they have generated to another person. A self-hauler also includes a person who back-hauls waste as defined in 14 CCR section 18982(a)(66).

"Solid waste" has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and no putrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, demolition and construction wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that Solid Waste does not include any of the following wastes: (1) hazardous waste, as defined in the Public Resources Code Section 40141, (2) radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code) and (3) medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Recyclable materials and organic materials are a part of solid waste.

“Solid waste collection service” means a business enterprise in any form that obtains or receives solid waste from a commercial generator, residential generator, or other non-residential establishment for the primary purpose of removal or hauling such material for ultimate disposal or recycling.

“Solid waste facility” means a solid waste transfer or processing station including material recovery facilities, a composting facility, a gasification facility, a transformation facility, an Engineered Municipal Solid Waste conversion facility, and a disposal facility. Solid waste facility also includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by CalRecycle, or otherwise set forth in the Act.

“Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection, and placing such materials into separate containers designated for recyclable materials and organic materials, or as otherwise defined in 14 CCR section 17402.5(b)(4).

“Source reduction” means any action which causes a net reduction in the generation of solid waste. Source reduction includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generator produce, and increasing

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the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. Source reduction does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

“Tier one commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a): supermarket with gross annual sales of $2,000,000 or more; grocery store with a total facility size equal to or greater than 10,000 square feet; food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations; wholesale food vendor, which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.

“Tier two commercial edible food generator” means a commercial edible food generator that is one of the following: restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on-site food facility and 200 or more rooms; health facility with an on-site food facility and 100 or more beds; or large venue, which means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.

“Town manager” means the town manager of the town of Ross, or the town manager’s designee. (Ord. 728 (part), 2025; Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

A. It is unlawful for any person to keep, deposit, bury, burn, or dispose of any solid waste, except as in this chapter is provided, in or upon any private property, public street, alley, sidewalk, gutter, park or upon the banks of or within any stream or creek in said town, or in or upon any of the waters thereof.

B. It is unlawful for any person to place or caused to be placed in any public receptacle owned or rented by the town and located upon public streets or in public places, any solid waste originating within or from any private property.

C. No person shall dump, place or bury in any lot, land or street or alley within the town any solid waste, except for at a solid waste facility properly permitted under the Act. This section shall not be construed to prohibit individuals from composting organic matter provided the composting is not conducted in a manner constituting a nuisance.

D. No person owning or occupying any building, lot or premises within the town shall allow any solid waste to accumulate or remain in or upon said building, lot or premises, except in accord with the provisions of this chapter. Accumulations of solid waste shall not be permitted to constitute a public nuisance. The owner, occupant, or manager 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. The owner, occupant, or manager

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of any premises shall ensure that collection containers shall be filled in a manner that prevents the contents from overflowing and allows the cover to fit securely. The owner, occupant, or manager of any premises of any premises shall ensure that collection containers for solid waste are available on the premises that are of an adequate size and of sufficient numbers to contain, without overflowing, all the solid waste that a premise generates between periods of collection or disposal. It shall be the responsibility of the owner of any building, lot, or premises to notify the authorized collector promptly when necessary to increase solid waste collection service in order to prevent solid waste from overflowing existing containers. If the town manager determines that inadequate service causes a public nuisance or health problem any premises, the town manager may require the owner, occupant or manager of the premises to increase collection service from the authorized collector immediately upon notice.

E. No person shall burn solid waste within the town. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.050 Transportation of solid waste. No person shall move, convey or transport or cause or permit to be moved, conveyed or transported any solid wastes upon or along any public street or alley or other public place in the town except the authorized collector; provided, however, the provisions of this section shall not apply to any person conveying solid waste collected outside the town nor to any person employed by the town who shall be assigned to the work of solid waste removal while acting within the scope of their employment or to any person or entity with whom the town has contracted or may hereafter contract for the collection, removal, or disposal of solid waste or to any employee of such contractor during such time as such contract shall be in force. Nor shall this section be deemed to prohibit an individual from exercising their rights to self-haul solid waste to solid waste facilities and other locations pursuant to this chapter, and nor the right to divert recyclable material or organic materials so long as the diversion otherwise complies with this chapter. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

A. Except as otherwise provided by this chapter, each property owner, occupant or tenant of any premises shall subscribe for solid waste collection service with the authorized collector. The owner, tenant or occupant of each premises shall ensure that such premises is subscribed for solid waste disposal services from the authorized collector within 7 days of the occupancy of the premises, or apply for a self-haul permit pursuant to this chapter.

B. Subscribers, including residential and commercial subscribers, shall arrange from the authorized collector for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The town shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town manager in order to meet the standards set forth in this chapter.

C. Each owner, occupant or tenant of a premises subscribed to collection services shall place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage in the approved garbage collection container. Generators shall not

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place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable material collection container. A mandatory obligation is imposed on each person occupying any premises to separate and recycle all recyclable material and organic materials from the garbage generated on the premises.

D. The authorized collector shall give written notice to the town of the address of any occupied premises within the town which is not subscribing to the collection and disposal service provided by the authorized collector. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

A. Each owner, operator, or manager of a commercial premises shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensuring that employees, contractors, volunteers, customers, visitors, and other persons on-site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.

B. Each owner, operator, or manager of a commercial premises shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial premises.

C. Each owner, operator, or manager of a commercial premises shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.

D. Each owner, operator, or manager of a commercial premises shall provide educational information within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.

E. Each owner, operator, or manager of a commercial premises shall cooperate with the authorized collector’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance.

F. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated onsite. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.

G. Commercial generators that are commercial edible food generators, as defined in Section 6.12.030, shall comply with commercial edible food generator requirements, pursuant to Section 6.12.110.

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H. If a commercial generator self-hauls, the commercial generator shall meet the selfhaul requirements in Section 6.12.100 of this chapter. (Ord. 728 (part), 2025; Ord. 711 (part), 2021).

6.12.090 Waivers.

A. The town manager may grant waivers of organics collection requirements under this chapter to a commercial business based on physical space limitations and/or de minimis volume generated at such commercial business. Commercial businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the town manger may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years and shall notify the town if circumstances change such that they are no longer eligible for such waiver, in which case waiver will be rescinded.

B. De Minimis Waivers: The town manager may waive a commercial business’ obligation to comply with some or all the requirements of Section 6.12.070 if the commercial business meets the following requirements:

1. Submit an application, with any application fee which was established by resolution of the City Council, specifying the type of waiver requested and provide documentation as described below.

2. Provide documentation that either:

   • a. The commercial business receives two or more cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and organic materials subject to collection comprises less than 20 gallons per week of the business’ total weekly solid waste volume; or

   • b. The commercial business receives less than two cubic yards of weekly solid waste collection service (including garbage, recyclable material and organic materials) and organic materials subject to collection comprises less than 10 gallons per week of the business’ total weekly solid waste volume.

   • c. For the purposes of subsections (i) ad (ii) above, weekly solid waste collection shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.

C. Physical Space Waivers: The town manager may waive a commercial business’ obligations (including multi-family dwellings) to comply with some or all of the recyclable materials and/or organic materials collection service requirements if the town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the collection service requirements. A commercial business or property owner may request a physical space waiver through the following process:

1. Submit an application form, with any application fee which established by resolution of the City Council, specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.

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2. Provide documentation that the premises lacks adequate space for the approved recyclable materials collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer. (Ord. 728 (part), 2025; Ord. 711 (part), 2021).

A. No person, except for a person engaged in back-haul, shall self-haul solid waste, organic waste, or recyclable materials, except for under a permit issued by the town. Applications for a self-haul permit shall be submitted on an application, on a form approved by the town manager with all required information supplied. The town manager may issue the permit only if the person requesting a self-haul permit satisfies all of the following requirements and the conditions set forth in sections B-D below:

• l. Produces for inspection the vehicle that such person owns or leases and intends to use for hauling solid waste, and which is capable of safely hauling sold waste and organic waste in a safe and sanitary manner so that it is covered and so that such matter will not spill, leak, drip, blow, scatter or fall from the vehicle;

2. Produces evidence that such person has a valid California driver's license to operate the vehicle produced for inspection, that the vehicle is currently registered in the State of California, and a certificate of automobile insurance for the vehicle;

3. Provides proof that the applicant has containers for the storage of solid waste on the applicant's property before the materials are self-hauled to a disposal facility; and

4. Pays the fee for a self-hauling permit authorized by resolution of the town council.

B. Permitted self-haulers shall source separate all recyclable materials and organic waste that would otherwise need to be source separated if they were instead deposited for collection in the authorized collector's recyclable materials and organic materials collection service, from any solid waste that is generated on-site in a manner consistent with requirements under 14 CCR sections 18984.1 and I 8984.2, and (1) shall haul such material to a permitted solid waste disposal, processing or composting facility, and/or (2) shall haul organic waste to a permitted high diversion organic waste processing facility as specified in 14 CCR section 18984.3. Permitted Self-Haulers shall store materials on their premises prior to disposal in containers sufficient to contain such waste and in compliance with other requirements of this chapter.

C. Any permitted self-haulers that do not obtain collection services from the authorized collector must dispose of solid waste at least weekly and shall retain weekly receipts

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from any licensed or permitted landfill or other licensed or permitted or processing facility and comply with any reporting requirements as may be imposed by CalRecycle.

D. Permitted self-haulers that are self-hauling any materials generated on the premises of a commercial business (including a multifamily dwelling) keep a record of the amount of organic materials delivered to each permitted solid waste facility that processes or recovers organic materials; this record shall be subject to inspection by the town. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the town. (Ord. 728 (part), 2025; Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial edible good generators shall comply commencing January 1, 2024.

B. Operators of a large venue or large event (as defined in 14 CCR 18982(a)(38) that are not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

• C. Commercial edible food generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

  2. Contract with or enter into a written agreement with food recovery Organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

  3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

  4. Allow the town’s enforcement officer to access the premises and review records pursuant to 14 CCR Section 18991.4.

  5. Keep records that include the following information as required by 14 CCR Section 18991.4:

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• a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR section 18991.3(b).

• b. A copy of all contracts or written agreements established under 14 CCR section 18991.3(b).

• c. A record of the following information for each of those food recovery services or food recovery organizations:

  • i. The name, address and contact information of the food recovery service or food recovery organization.

  • ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

  • iii. The established frequency that food will be collected or self-hauled.

  • iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization.

D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 711 (part), 2021).

6.12.120 Food Recovery Organization and Food Recovery Services requirements.

A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR section 18991.5(a)(1):

1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

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1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall annually report to the town it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1.

D. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, town, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the town shall provide information and consultation to the town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the town shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the town. (Ord. 711 (part), 2021).

A. All recyclable materials and organic materials, upon being placed by the generator into a collection container and placed at a designated collection location, shall become the property of the authorized collector owning the collection container, unless otherwise provided in a contract, license, or franchise agreement.

B. No person, other than the authorized collector or town shall remove recyclable material or organic materials from a collection container placed at the designated collection location. (Ord. 711 (part), 2021).

A. Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of their recyclable materials.

B. Organic materials may be fed to animals on the premises where such organic materials is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the town manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.

C. Nothing in this chapter prohibits a generator from preventing or reducing waste generation, or managing organic waste on site, provided that such conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted

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6.12.150 Storage. It shall be the duty of every property owner and occupant of any premises within the town to ensure that solid waste generated at such premises is source separated and stored, except material set aside for composting, in a durable container during such periods between collection by the authorized collector or self-hauling. Such source separated materials shall be stored in containers constructed of metal or durable plastic material which shall be watertight, nonabsorbent, vector resistant, durable, easily cleanable, equipped with handles, and having tight-fitting covers such that said containers hold said solid waste without spillage and leakage, escape of odors or access of flies to the contents thereof. Except for organic material set aside for composting, it is unlawful to place, or permit to remain, any solid waste subject to decay except in a suitable covered container, and each property owner or occupant of a premises shall require it to be stored or handled in such manner so as not to promote the propagation, harborage or attraction of vectors or the creation of nuisance. Each person who has a solid waste collection container shall keep the area where the collection container is located in a clean, safe and sanitary condition. (Ord. 728 (part), 2025; Ord. 711 (part) 2021; Ord. 526 §1(part), 1994).

6.12.160 Collection container placement.

A. No collection containers other than those owned or rented by the town or authorized collector shall be placed or kept in or on any public street, sidewalk, footpath, or any public place whatsoever, but shall be maintained on the premises, out of public view, except as may be provided for removing and emptying by the authorized collector on the day(s) and in the location designated for collection.

B. Collection containers are permitted to be placed in public view and on a public street, sidewalk or footpath only during the forty-eight-hour period commencing at 12:01 a.m. on the day preceding the day of scheduled pick-up and terminating at 12:01 a.m. on the day following such pick-up.

C. For curbside collection service, the designated collection location shall be the street curb line adjacent to such premises and collection containers shall be placed in the location by the occupant of such premises for collection by the authorized collector. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.170 Tampering and dumping prohibited. No person shall tamper with, modify, dump, remove from or deposit solid waste in any container which has not been provided for their use, without the permission of the container owner. Nor shall any person tamper with any collection container or any recyclable materials on any premises, or collect, remove or dispose of the same, other than in the manner specified in this chapter. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.180 Disposal intervals. An owner or occupant of a premises shall ensure that all solid waste accumulated at such premises shall be collected by the authorized collector or self-hauled for proper disposal at regular intervals of at least once each week, except that from any place which has solid waste from which foul odors arise, or which is a menace to public health, such solid waste shall be collected at such intervals as necessary for proper sanitation. For the purpose of this chapter, any dwelling unit which is occupied more than four days per month, shall be considered to produce solid waste. Nothing in this chapter shall be deemed to prohibit the removal and hauling

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by any person of materials ordered by any town official to be removed upon the ground that the same constitute a health menace, fire hazard, or public nuisance. Solid waste shall be collected as provided by this chapter at regular intervals on a schedule established by the authorized collector. (Ord. 728 (part), 2025; Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.190 Contract. The town may, after a duly noticed public hearing, with or without having invited bids therefore, enter into a contract with any responsible person, firm or corporation for the collection, removal, or disposal of solid waste accumulated within the town, on such terms as deemed appropriate by the town. Where such a contract has heretofore been or hereafter is entered into between town and a contractor for the collection, removal and disposal of solid waste, and said contractor shall have satisfactorily performed such contract, town may, after a duly noticed public hearing, without inviting bids or proposals therefor, 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 town shall deem appropriate. (Ord. 728 (part), 2025; Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.200 Exclusive right. An award of such contract shall confer upon the person or entity to whom the contract is awarded the exclusive right as authorized collector hereunder, during the term of the contract, to collect, transport and dispose of all solid waste collected within the town. All provisions of this chapter applicable to the authorized collector shall constitute and be a part of any contract awarded hereunder; provided, however, that such exclusive right shall not mean that independent hauling service for occasional construction and temporary cleanup purposes cannot be provided by persons other than the designated authorized collector. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.210 Authorized Collector Requirements.

• A. As a condition of approval of a contract with the town, the authorized collector shall:

  1. Through written notice to the town annually on or before January 1, 2022, identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.

  2. Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2 and provide service in compliance with Article 3.

  3. Obtain approval from the town to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.

B. The authorized collector shall provide collection containers to residential and commercial generators in conformance with the color and labeling requirements set forth in CCR Section 18784.7 and Section 18784.8 or as otherwise specified in the collection contract.

C. The town shall be entitled to impose a franchise fee payable by the authorized collector to the town, which shall be included in the contract.

D. The contract shall provide for the authorized contractor’s indemnity of the town to the fullest extent permitted by law, and provide for insurance and bonding as determined appropriate

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by the town. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

6.12.220 Inspections. The town manager is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. (Ord. 711 (part), 2021).

6.12.230 Violations and penalties.

A. A violation of any provision of this chapter shall constitute an infraction and shall be subject to penalty in accordance with chapter 1.04, and shall be deemed a nuisance subject to abatement pursuant to any of the remedies specified in chapter 9.04. In addition, violations shall be subject to administrative penalty as provided under chapter 9.70. A violation may be punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within any twelve consecutive month period;

3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within any twelve consecutive-month period.

• B. Nothing in this section shall be deemed to be a limitation on any remedy that may be

• available to the town to correct a violation. (Ord. 711 (part), 2021; Ord. 526 §1(part), 1994).

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Chapter 6.16

HEALTH NUISANCES¹

Sections:

• 6.16.020 Dumping refuse on public property. 6.16.030 Dumping refuse on private property. 6.16.040 Refuse on property attending consumption. 6.16.050 Decayed food. 6.16.060 Diseased animals. 6.16.070 Stagnant water. 6.16.080 Rubbish. 6.16.090 Contagious diseases. 6.16.100 Samples of medicine. 6.16.110 Noxious burning. 6.16.120 Garbage. 6.16.130 Grasses.

Note: 6.16.010 repealed by Ord. 608 (part), 2008.

6.16.020 Dumping refuse on public property. It is hereby declared to be a nuisance, and it is unlawful, for any person to dump, place, throw, scatter, spread or otherwise deposit upon any street, park or other public place, any rock, stones, gravel, screenings, sand, dirt or other foreign substance, or to throw, dump, deposit or place thereon any tin, sheet iron, broken glass, thorny clippings or branches, clothing, bottles, paper, nightsoil, filth, sweepings, ashes, garbage, manure, refuse, rind, skin or peel of any fruit or vegetable, or any decaying, foul or noisome substance, or any rubbish of any kind whatsoever. (Ord. 267 §4(part), 1967: prior code §4314).

6.16.030 Dumping refuse on private property. It is hereby declared to be a nuisance, and it is unlawful for any person to cause, suffer or permit the carcass of any animals or any portion thereof, to remain upon any lot, premises or place owned, controlled or occupied by them for a period of more than twenty-four hours, or to cause, suffer or permit any animal or vegetable matter, garbage, manure, filth, nightsoil, slops, swill, suds, stagnant water or other offensive matter liable to become putrid, to collect or be deposited upon any lot, premises, or place owned, controlled or occupied by them, except as to garbage contained in a tightly closed or covered metal receptacle from which no odor can escape. The provisions of this section shall not apply to manure for the fertilization of the premises upon which the same is stored, provided such manure shall not be placed within fifty feet of any building occupied by human beings. (Ord. 728 (part), 2025; Ord. 267 §4(part), 1967: prior code §4315).

1 For statutory provisions relating to weed and rubbish abatement, see Gov. C.A. §39560 et seq.

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6.16.040 Refuse on property attending consumption. It is hereby declared to be a nuisance, and it is unlawful, for any person to throw, dump, deposit upon, or permit to accumulate or to use or suffer or permit to be used, any premises owned, occupied or controlled by them for the throwing, dumping or depositing of table refuse, offal, swill, accumulation of animal, vegetable and other matter that attends the preparation, consumption or dealing in, or storage, of meats, fish, fowls, fruits or vegetables, or animals, or any garbage, waste, offal, ashes, tin cans, or rubbish of any character or description.

This section shall not be construed to prohibit the burying of ashes and tin cans accumulated by any family upon premises owned or occupied by it. (Ord. 728 (part), 2025; Ord. 267 §4(part), 1967: prior code §4316).

6.16.050 Decayed food. All decayed or unwholesome food, bartered, sold, offered for sale, or designed for human consumption is hereby declared a nuisance and abatement may be summary. (Ord. 267 §4(part), 1967: prior code §4321).

6.16.060 Diseased animals. All diseased animals, affected with a disease, or disease carriers, when the disease is one endangering public health are hereby declared nuisances and abatement may be summary. (Ord. 267 §4(part), 1967: prior code §4322).

6.16.070 Stagnant water. All ponds, pools, or vessels holding stagnant water in which mosquitoes may breed, or which generate offensive gases are hereby declared nuisances and preventive abatement may immediately be taken. (Ord. 267 §4(part), 1967: prior code §4323).

6.16.080 Rubbish. Improperly covered accumulations of manure, garbage or rubbish, which are breeding places for flies, mosquitoes, rats, mice, insects and vermin, or which give forth noisome gases are hereby declared nuisances and abatement may be summary. (Ord. 267 §4(part), 1967: prior code §4324).

6.16.090 Contagious diseases. All public exposure of persons having a contagious disease, or one defined as contagious by state law is hereby declared a nuisance and as such, should be quarantined. (Ord. 267 §4(part), 1967: prior code §4325).

6.16.100 Samples of medicine.The distribution of samples of medicines or drugs is hereby declared a nuisance and such samples may be summarily seized and destroyed. (Ord. 267 §4(part), 1967: prior code §4326).

6.16.110 Noxious burning. To burn or suffer or permit to be burned upon any premises, any papers, boxes, packages, bones, feathers, offal, flesh, hair or other substance in such manner as to cause odors or gas therefrom to taint the air and render it unwholesome or injurious to the health or offensive to the senses of the inhabitants of the town is hereby declared a nuisance. (Ord. 267 §4 (part), 1967: prior code §4328).

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6.16.120 Garbage. To cause, suffer or permit the carcass of any animal to remain upon any lot, premises, public or private grounds, for a period of more than twenty-four hours, or to cause, throw, dump, deposit upon or suffer or permit any animal or vegetable matter, garbage, filth, nightsoil, slops, swill, suds, stagnant water or other offensive matter liable to become putrid, to collect or to be deposited upon any lot, premises, public or private grounds, except as to garbage, as otherwise provided by laws and regulations of the town now in force or hereafter enacted, regulating the accumulation, collection and removal thereof is hereby declared a nuisance. (Ord. 267 §4(part), 1967: prior code §4329).

6.16.130 Grasses. To cultivate, plant or maintain on any property that certain plant known as capriole dactylon, or more commonly known as Bermuda Grass, Bahama Grass, scotch grass or devil grass, the seeds of which have a wingy or downy attachment that results in their transportation by the wind is hereby declared a nuisance. (Ord. 267 §4(part), 1967: prior code §4330).

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SMOKING REGULATIONS

Sections:

(Ord 735 (part), 2025)

6.18.010 Title. This chapter shall be known as the Ross Smoke Ordinance. (Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.020 Definitions. The following words and phrases, whenever used in this article, shall have the following meanings:

A. “Bar” means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.

B. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes.

C. “Child Care Facilities” means any family day care regulated by Section 1597.30 through 1597.621 of the California Health and Safety Code and any day care center for children regulated by Section 1596.90et seq. of the California Health & Safety Code. It does not include foster homes or residential care facilities.

D. “Common Area” means every Enclosed Area and Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym, facilities, swimming pools, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas.

E. “Common Interest Complex” means a Multi-Unit Residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100.

F. “Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, established, or regularly used for consuming food or drink.

G. “Electronic Smoking Device” means an electronic and/or battery-operated device that can be used to deliver an inhaled dose of nicotine, or other substances, including a component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

H. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages.

I. "Employer" means any person, partnership, corporation, including a municipal corporation, which employs the services of one or more individual persons.

J. “Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has (1) any type of overhead cover whether or not that cover includes vents or other openings and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or (2) four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceed six feet in height, whether or not those constraints include vents or other openings.

K. "Landlord" means any Person who owns property let for residential use, any Person who lets residential property, and any Person who manages such property, except that "Landlord" does not include a master tenant who sublets a Unit as long as the master tenant sublets only a single Unit of a Multi-Unit Residence.

• L. "Minor" shall mean any individual who is less than twenty-one (21) years old.

M. “Multi-Unit Residence” means property containing two (2) or more Units, including but not limited to a Common Interest Complex, except the following specifically excluded types of housing:

(1) a single-family residence; and

(2) detached or attached in-law or accessory dwelling Unit to single family residence.

N. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" within the meaning of this section.

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O. “Openings” shall include main entrances, exits, operable windows and ventilation intake systems.

P. "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.

Q. "Place of employment" means any area under the legal or actual control of an employer or sole proprietor which employees normally frequent during the course of employment.

R. "Public place" means any area or building open to any area, publicly or privately owned, which is open to the general public, including for example: restaurants, bars, retail stores, banks, theatres, healthcare facilities, parks, playgrounds, government facilities, bus shelters, public transportation facilities, bed and breakfast facilities, and farmers’ markets. Public Place does not mean within private vehicles in or on public place.

S. “Reasonable Distance” means a distance of 20 feet in any direction from an area in which Smoking is prohibited.

T. “Recreation area” means any area open to the general public for recreational purposes, including, for example, sports facilities, parks, public gardens, children's play areas and playgrounds.

U. "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to areas including or adjacent to information kiosks, automatic teller machines (ATMs), bank teller windows, telephones, ticket lines, bus stops and cab stands.

V. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, marijuana, cocaine or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “Smoke” includes, but is not limited to, tobacco smoke, Electronic Smoking Device vapors, marijuana smoke, and crack cocaine smoke.

W. "Smoking" means the inhaling and/or exhaling of Smoke and/or the inhaling, exhaling, burning, or carrying any lighted, heater, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation.

(1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether Smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

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(2) Any Electronic Smoking Device.

(3) Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

Y. “Unenclosed Area” means any area that is not an Enclosed Area.

Z. “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a single-family home; and an in-law or accessory dwelling unit. (Ord. 735 (part), 2025; Ord. 685 (part), 2018).

6.18.030 Prohibition of smoking in enclosed public places.

A. Smoking and the use of Tobacco Products are prohibited in all enclosed public places within the Town of Ross, including, but not limited to:

1. Places of employment, including retail stores, banks, restaurants, bars and offices;

2. Town-owned facilities, including residential facilities;

3. Recreation and exercise facilities, including theatres, auditoriums, galleries, museums, libraries, gyms and sports facilities;

4. Service areas, including ATM and ticket lobbies;

5. Lobbies, hallways, elevators, dining areas, laundry rooms, public restrooms and other common areas in Multi-Unit Residences, Residential care facilities; and

6. A minimum of fifty percent of guest rooms in every hotel and bed-and-breakfast facility must be permanently designated as completely nonsmoking.

B. Smoking and the use of Tobacco Products are prohibited by this Chapter in all other enclosed public places except as provided below:

1. Inside private vehicles.

2. Inside private, single family residences except residences used as Child Care Facilities or Residential care facilities as defined in Section 18.12.275 of the Ross Municipal Code.

3. Inside a guest house or Accessory Dwelling Units attached to or detached from single family residences.

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4. By performers during theatrical performances, if smoking is an integral part of the story in the theatrical production.

C. Nothing in this Chapter shall be construed to prevent any owner, operator, manager or other person who controls any establishment or facility from declaring and enforcing a nonsmoking policy. (Ord 735 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.040 Prohibition of smoking in certain unenclosed public places. A. Except as otherwise expressly authorized by state or federal law, smoking and the use of Tobacco products are prohibited in the following unenclosed public places:

1. Town-owned recreation areas, including parks and playing fields.

2. Town-owned sites of public events, including but not limited to sports events, entertainment, ceremonies and parades.

3. Service areas, including bus stops, ticket lines and ATMs.

4. Outdoor dining areas of restaurants.

5. Bars.

6. Courtyards and other areas where air circulation may be impeded by architectural, landscaping or other barriers.

7. Within 20 feet of any entrance, opening or exit of any enclosed area within which smoking is prohibited, except while passing on the way to another destination.

8. Active construction sites where a Town building permit has been issued.

B. The use of Tobacco Products are prohibited in Common Areas of Multi-Unit Residences, except that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated smoking area if the area meets all of the following criteria:

1. The area must be located a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this section or other law. The area must be established by binding agreement relating to the ownership, occupancy, or use of real property or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A Person with legal control over a designated smoking area may be obliged to modify, relocate, or eliminate that the area as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established;

2. The area must not include, and must be a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate

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physical activity including, but not limited to playgrounds, tennis courts, swimming pools, school campuses, and sandboxes;

3. The area must be no more than ten percent (10%) of the total Unenclosed Area of the Multi-Unit Residence for which it is designated;

4. The area must have a clearly marked perimeter;

5. The area must be identified by conspicuous signs;

6. The area must be completely within an Unenclosed Area; and

7. The area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this section or other provisions of this Code state law, or federal law.

J. Nothing in this section prohibits any Person, Landlord, Employer, or Nonprofit Entity with legal control over any property from prohibiting Smoking and Tobacco Product use on any part of such property, even if Smoking or the use of Tobacco Products is not otherwise prohibited in that area.

K. No person shall dispose of smoking waste within the boundaries of an area in which smoking is prohibited. (Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.045 Smoking restrictions for new and existing units of multi-unit residences.

A. All Units within those Multi-Unit Residences in existence prior to the effective date of this Section shall be subject to the provisions of this Chapter upon the earliest of the following occurrences:

1. When the lease, in effect as of the effective date of this Section, expires or is renewed.

2. In the case of a month-to-month lease, on the first day of the next rental period following the effective date of this Section.

3. When a new lease is entered into with a new or existing tenant.

B. Each and every Unit of a Multi-Unit residence that becomes available for the first time on or after the effective date of this Section shall be subject to the provisions of this Chapter. (Ord. 685 (part), 2018).

6.18.050 Required and implied lease terms for units in multi-unit residences.

A. Every lease or other rental agreement for the occupancy of a Unit in a Multi-Unit residence that takes effect after the effective date of this Section shall include the provisions set forth in subsection (B) below on the earliest possible date when such an amendment is allowable by law after providing the minimum legal notice.

B. Every lease or other rental agreement governed by subsection (A) above shall be amended or prepared to include the following provisions:

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1. A clause providing that as of the agreement’s commencement date, it is a material breach of the agreement to allow or engage in smoking in the unit. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit.”

2. A clause providing that it is a material breach of the agreement for the tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property other than in a designated smoking area. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists.”

3. A clause providing that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state, “It is a material breach of this agreement for the tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property.”

4. A clause expressly conveying third-party beneficiary status to all occupants of the Multi-Unit residence as to the smoking provisions of the agreement. Such a clause might state, “Other occupants of the property are express third-party beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law.”

C. Whether or not a Landlord complies with subsections (A) and (B) above, the clauses required by those subsections shall be implied and incorporated by law into every agreement to which subsections (A) and (B) apply, and shall become effective as of the earliest possible date on which the Landlord could have made the amendments or included the clauses in the agreements pursuant to subsections (A) and (B).

D. This section shall not create additional liability in a Landlord to any person for a tenant’s breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a Multi-Unit residence if the Landlord has fully complied with this Section and Section 6.18.040.

E. Failure to enforce any smoking provision required by this Section shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. (Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.060 Duty of person, employer, business or nonprofit entity.

A. No Person, Landlord, Employer, or Nonprofit entity shall knowingly or intentionally permit Smoking in an area which is under the legal or actual control of that Person, Landlord, Employ er , or Nonprofit entity.

B. No Person, Landlord, Employer, or Nonprofit entity shall knowingly or intentionally

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permit the presence or placement of ash receptacles, including but not limited to ashtrays or ash cans, within an area that is under the legal or actual control of the Person, Landlord, Employer, or Nonprofit entity and where smoking is prohibited and in which smoking is prohibited.

C. No Person shall dispose of used smoking or Tobacco Product waste within the boundaries of an area in which Smoking or Tobacco Product use is prohibited, including within any Reasonable Distance required by this section.

D. A Person, Landlord, Employer, or Nonprofit Entity that has legal control of an area in which smoking and the use of Tobacco Products are prohibited by this Section shall post a clear, conspicuous and unambiguous “No Smoking” and “No Use of Tobacco Products” or “Smokefree” and “Tobacco-Free” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Section 6.18.020.Q of this Chapter. At least one sign with the Town phone number to which complaints can be directed must be placed conspicuously in each place in which Smoking is prohibited. For purposes of this Section, the Public Works Director or their designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the Town.

E. Each instance of Smoking or Tobacco Product use in violation of this section shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this section shall constitute a separate violation. (Ord. 728 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

No person, business, or owner, manager, or operator of any establishment subject to this Chapter shall sell, offer to sell, or permit to be sold any Tobacco Project within the Town of Ross. (Ord 735 (part), 2025)

6.18.070 Enforcement.

A. Notice of this chapter shall be provided to all applicants for a business license or renewal thereof that have a business establishment in Ross frequented by the public. However, lack of such notice shall be no defense to a violation of this chapter.

B. Enforcement of this chapter shall be the responsibility of the Chief of Police or their designee.

C. Any citizen may make a complaint under this chapter to the Chief of Police or their designee.

D. The Town may seek compliance with this Chapter by any remedy allowed under this Code, including, but not limited to, revocation, suspension, civil fines and any other remedy allowed by law. Such remedies may be sought independent of one another or may be sought in addition to one another. (Ord 735 (part), 2025; Ord. 728 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

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16.18.075 Violation -- penalty.

A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Chapter to refuse to comply with any of its provisions, or to permit any employee or patron to violate this Chapter.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited under this Chapter.

C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this ordinance shall also constitute a violation.

D. Any person, landlord, employer, or nonprofit entity, tobacco retailer, or owner, manager or operator of any establishment subject to this Chapter who violates any provision of this Chapter shall be deemed guilty of an infraction, punishable by:

• a. A fine not exceeding one hundred dollars for the first violation;

• b. A fine not exceeding two hundred dollars for a second violation of this Chapter within one year;

• c. A fine not exceeding five hundred dollars for each additional violation of this Chapter within five years.

E. The remedies provided by this Chapter are cumulative and in addition to any other remedy available at law or in equity. (Ord 735 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.080 Retaliation prohibited. No person or employer shall discharge or in any manner retaliate against any employee because such employee exercises any right to a smoke free environment afforded by this Chapter. (Ord 735 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.090 Other applicable laws. This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord 735 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

6.18.100 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The Ross Town Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. (Ord 735 (part), 2025; Ord. 685 (part), 2018; Ord. 602 (part), 2007; Ord. 475 §1(part), 1989).

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REUSABLE FOODWARE¹

Sections

• 6.20.010 Definitions.

• 6.20.030 Dine-in Foodware Regulations.

• 6.20.040 Takeout Foodware Regulations.

• 6.20.050 Town of Ross Purchasing, Facilities and Town of Ross Sponsored Events. 6.20.060 Non-Reusable Cup Charge.

• 6.20.070 Separate Waste Receptacles Required. 6.20.080 Exemptions. 6.20.090 Enforcement.

• 6.20.100 Violations.