Sacramento Municipal Code Art. I General Provisions

In this chapter, the following words and terms shall have the following meanings, except where a different meaning is provided elsewhere in this chapter:

"City franchisee" means a commercial hauler or collection service provider possessing a valid franchise issued by the city pursuant to chapter 13.24.

"City manager" means the city manager or the city manager's designee.

"Claw collection service" means a city collection service provided by a tractor with a claw bucket attachment.

"Collection service" means the periodic gathering, collection, transportation, recycling, sale, reconstitution, recovery, or disposal of refuse generated within the city.

"Commercial property" means improved property that is not residential property as that term is defined in this section.

"Compostable plastic" means plastic material that meets the ASTM D6400 standard for compostability, or as otherwise defined in section 18984.1(a)(1)(A) of title 14 of the California Code of Regulations.

"Construction and demolition debris" or "C&D debris" means used or commonly discarded materials resulting from construction, repair, remodel, or demolition operations on any pavement, house, building, or other structure, or from landscaping that are not hazardous as defined in California Health and Safety Code section 25100 et seq. Such materials include, but are not limited to, concrete, asphalt, wood, metal, brick, dirt, sand, rock, gravel, plaster, glass, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, masonry, plastic pipe, trees, and other vegetative matter resulting from land clearing and landscaping.

"Container" means any bin, can, receptacle, or any other type of receptacle or depository designated by the city for the deposit, storage, and collection of refuse. A container also may be described as an automatic lift container, cart, drop box, roll-off, or compactor container.

"Customer" means the owner of the property to which city collection service is rendered pursuant to this chapter, or an association managing a condominium project billed for collection service pursuant to section 13.04.220 A.1. As used herein, "association" and "condominium project" have the meanings specified in section 13.12.010.

"Debris" means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.

"Disaster" means a sudden event that causes great damage or loss of life as declared by federal, state, or local government.

"Department" means the city department responsible for providing collection services under this chapter.

"Director" means the director of the department, or the director's designee.

"Division" means the city's recycling and solid waste division.

"Dwelling unit" means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together, but not including units rented or leased for temporary residency, such as motel and hotel rooms.

"Food scraps" means all food, such as but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease that are source separated from other food scraps.

"Food-soiled paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, paper plates, paper coffee cups, napkins, and pizza boxes.

"Food waste" means food scraps, food-soiled paper, and compostable plastic.

"Garbage" means discarded nonputrescible or putrescible household items, objects, or materials for which there is no use or reuse intended. Garbage does not include source-separated recyclables, food waste, yard waste, or construction and demolition debris.

"Garden refuse" has the same meaning as yard waste.

"Green waste" has the same meaning as yard waste.

"Hazardous waste" means hazardous waste as defined in section 41041 of the California Public Resources Code.

"Infectious waste" means infectious waste as defined in title 14, section 17225.36 of the California Code of Regulations.

"Lawn and garden service" means the periodic collection and disposal of yard waste and the periodic sweeping of city streets.

"Neighborhood cleanup program" means the collection and disposal of refuse scheduled either by appointment or by neighborhood, in accordance with the requirements and schedule established by the solid waste manager.

"Organic waste" means food waste or yard waste.

"Planned development" means a planned development as defined in California Civil Code section 4175.

"Private property" means all property that is not owned or controlled by a governmental entity, including private or gated residential communities, and streets, roads, and roadways contained therein that have not been dedicated to public use or have not been accepted for maintenance by the city or other governmental entity.

"Private street" means a street that has not been dedicated to public use or has not been accepted for maintenance by the city or other governmental entity, including streets within a gated community.

"Recyclables" means any material designated by the city to be deposited in the recycling containers, including glass, plastic containers, aluminum cans, newspapers, magazines, cardboard, paper, and certain packaging materials.

"Refuse" means solid waste, recyclables, food waste, and yard waste; but does not include hazardous waste or infectious waste.

"Rendered" when used to describe collection service being rendered, means that collection service is provided or otherwise made available for use, irrespective of actual usage.

"Residential mixed-use property" means residential property combined with office, commercial, or retail use on a single parcel.

"Residential property" means any property containing any building or structure or group of buildings or structures, each containing less than five individual dwelling units, on a single parcel; or containing any number of residential condominium units; or containing a mobilehome park. For example, a single parcel containing a duplex and a fourplex is residential property.

"Seasonal loose-in-the-street collection service" means the collection and disposal, as part of lawn and garden service, of yard waste that is deposited in the street during the months of November, December, and January, or during such other time period that is determined by the solid waste manager, in accordance with the requirements established by the solid waste manager.

"Single-use plastic bag" means any bag made of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources.

"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables, food waste, or yard waste.

"Solid waste manager" or "manager" means the city's integrated waste general manager responsible for managing the division.

"Source-separate" means keeping recyclables, food waste, or yard waste independently containerized or clearly segregated from solid waste at the point of generation for the purpose of reuse or recycling.

"Tenant" means the occupant or person in control, where different than the owner, of any property in the city.

"Yard waste," also referred to as "garden refuse" or "green waste," means materials generated from the maintenance or alteration of landscapes that will decompose or putrefy, including leaves; grass cuttings and garden trimmings; weeds and roots from which all dirt has been removed; and shrubbery and tree trimmings, of which no single piece shall exceed 36 inches in length, 4 inches in diameter, or 40 pounds in weight. (Ord. 2026-0003 § 3; Ord. 2023-0024 § 8; Ord. 2021 -0031 § 1; Ord. 2021-0003 § 2; Ord.2017-0006 § 1; Ord.2014-0010 § 1; Ord.2013-0012 § 1 ; Ord.2013-0009 § 3)

A. Collection Service. Except as otherwise provided in this chapter, the division shall render collection service to residential properties within the city.

B. Collection Districts. The director may divide the city into as many districts deemed necessary for collection service and may fix the day for the collection service in the districts. (Ord. 2013-0009 § 3)

The solid waste manager may establish and enforce rules and regulations consistent with the provisions of this chapter, and approved by the director, concerning the storage, accumulation, collection, transportation, recycling, reconstitution, recovery, and disposal of refuse. These rules and regulations may, among other things, do the following:

A. Require any person or entity receiving collection service anywhere in the city, whether such service is provided by the city or by another collection service provider, to implement specified measures to prevent the accumulation of refuse outside the containers used by the person or entity, or to prevent the containers from creating a hazard or interference with the use of any public right-of-way. Such measures may include, but are not limited to, requiring that containers be locked, and restricting or prohibiting the placement of containers on city streets, alleys, or sidewalks;

B. Determine the type, frequency, and means of collection service that will cause all refuse to be removed from the property so there will be no accumulation, collection, or keeping of refuse outside of the containers that would create a public nuisance, or health or safety hazard;

C. Determine that a different size container or different number of containers may satisfy the minimum service requirements specified for collection service under this chapter; and

D. Determine the minimum service requirements for a property to maximize waste diversion. (Ord. 2023-0024 § 9; Ord. 2013-0009 § 3)

Rates, fees, and charges for the collection services specified in this chapter are established, and shall be charged for the collection services. The amounts of the rates, fees, and charges for collection services shall be set from time to time by ordinance or resolution of the city council. The portion of the lawn and garden service rate attributable to street sweeping shall be separately set forth. (Ord. 2013-0009 § 3)

The rates, fees, and charges for collection services shall be billed and collected in accordance with Chapter 13.12. (Ord. 2013-0009 § 3)

A. Customers to whom collection services are rendered by the city are responsible and liable for payment of the rates, fees, and charges for the collection services, regardless of the actual usage of or the amount of refuse actually deposited in the containers.

B. Even if the solid waste manager determines that a different number of containers may satisfy the minimum service requirements specified for collection service at a property, each residential dwelling unit must still pay the rates for the minimum level of service. (Ord. 2023-0024 § 10; Ord. 2013-0009 § 3)

A. If a residential dwelling unit is vacant and uninhabited for a period of at least thirty (30) consecutive days, the customer may request that garbage and recycling collection service be temporarily suspended upon payment of a fee to cover the city's administrative costs to verify the dwelling unit is vacant and does not generate garbage and recyclables. The customer shall pay a reduced charge for the ongoing garbage and recycling collection program costs that the city continues to incur during the period collection services are suspended. The reduced charge shall apply to each vacant dwelling unit of the residential property. Garbage and recycling collection service shall be immediately restored when the dwelling unit is again occupied.

B. Suspension of collection service for vacant property does not apply to street sweeping service or organic waste collection service unless the solid waste manager determines that suspension of the services is warranted where refuse will not be generated or accumulated on a property due to unique or unusual circumstances, and such circumstances pertain to the property itself, not to the property owners or inhabitants. (Ord. 2023-0024 § 11; Ord. 2021-0031 § 2; Ord. 2013-0012 § 2; Ord. 2013-0009 § 3)

A. No person may render collection service, transport, or haul refuse produced, kept, or accumulated in the city except in accordance with this section.

B. This section does not apply to the following persons:

1. The owner or tenant of a residential property or residential mixed-use property when collecting or transporting refuse generated on the property to a lawful disposal location. This subsection shall not be construed to relieve any person from paying the rates, fees, and charges pursuant to section 13.10.060.

2. A city franchisee;

3. Any federal, state, or local public agency, or any employee, agent, or contractor thereof, when collecting or transporting refuse generated by the public agency under a system of refuse collection and transportation operated and maintained by the public agency;

4. Any person collecting and transporting hazardous waste and infectious waste, regardless of its source, in accordance with federal, state, and local laws, rules, and regulations;

5. Any person collecting or transporting by-products of water, sewage, or drainage treatment, including sludge, sludge ash, grit, and screenings; or

6. Any person engaged in the business of servicing residential and commercial properties, and the employees thereof, when collecting or transporting refuse consisting of by-products of the services provided to the property to a lawful disposal location. (Ord. 2023-0024 § 12; Ord. 2021-0003 § 3; Ord. 2013-0009 § 3)

A. Every owner or tenant of any improved property in the city that generates refuse shall have and, at all times, keep on the property, suitable and sufficient watertight containers, and shall cause to be deposited in such containers, and not elsewhere, all refuse accumulating on the property. The containers shall have tightly fitted covers, and shall not leak or permit the escape of odors.

B. Only city-provided containers may be used for collection services rendered by the city.

C. The solid waste manager may adopt standards for the capacity and type of refuse container to be used for rendering collection service. In establishing such standards, the solid waste manager shall consider health and safety factors; the nature and extent of the activity conducted on the property; the type of refuse produced or accumulated; and the location, construction, or other physical characteristics of the property.

D. No person, other than the customer who has contracted for collection service or is billed the rates, fees, and charges for the collection service or a person with such customer's consent, shall deposit refuse into a container provided by the city or by a city franchisee.

E. Colored containers.

1. Except as provided in subsection E.2, a person shall place refuse in containers only as follows:

a. Black or gray container: only garbage may be placed in the black or gray container.

b. Blue container: only recyclables may be placed in the blue container.

c. Green container: only organic waste may be placed in the green container.

2. If a person has received an exemption for recycling or organic waste collection services, the person may place recycling or organic waste in the garbage container.

F. Any person who violates this section is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900. (Ord. 2023-0024 § 13; Ord. 2021-0003 § 4; Ord. 2013-0009 § 3)

A. Containers placed for collection service shall be placed:

1. Together in one location adjacent to the property where collection service is rendered;

2. Within two feet of the street curb or edge of road right-of-way in front of any fence or other barrier or enclosure and readily accessible from the street or alley where collection service is rendered;

3. At least three feet from any obstruction, such as automobiles, trailers, motor homes, fences, lampposts, or mailboxes; and

4. In a manner that provides the collector with unimpeded access to the containers.

B. Containers shall be placed for collection service no earlier than twelve (12) hours prior to the scheduled collection day, and shall be removed from the public right-of-way not later than twelve (12) hours after the scheduled collection day.

C. Except when containers are placed for collection service in accordance with subsection B of this section, containers shall be placed out of view from any street, sidewalk, or other public right-of-way by fence, landscaping, building, or other barrier approved by the solid waste manager, except that storage of containers immediately adjacent to the residential building shall satisfy the requirements of this section.

D. Except as otherwise provided in this chapter, no container shall be placed, kept, stored, or located on or in any street, sidewalk, alley, or any public place in a manner that (1) impedes traffic or drainage; (2) creates a hazard to public health, safety or welfare; or (3) blocks any doorway of a building.

E. Any person violating this section is guilty of an infraction. (Ord. 2023-0024 § 14; Ord. 2013-0012 § 3; Ord. 2013-0009 § 3)

Refuse shall be collected within residential areas or within mixed residential and commercial areas of the city only between the hours of 6:00 a.m. and 7:00 p.m. (or 8:00 p.m. during daylight savings time) of the same day, and elsewhere within the city only between the hours of 4:00 a.m. and 7:00 p.m. (or 8:00 p.m. during daylight savings time) of the same day. (Ord. 2021-0003 § 5; Ord. 2013-0009 § 3)

A. No person shall open, look into, search through, or remove any of the contents from a container.

B. No person shall search through or remove any of the contents from refuse deposited in the streets in conjunction with the neighborhood cleanup program or the seasonal loose-in-the-street yard waste collection program operated pursuant to this chapter. C. This section does not apply to the following persons:

1. The customer receiving the collection service or who is billed the rates, fees, and charges for the collection service, or a person with the customer's consent;

2. Any employee, agent, or contractor of a city franchisee that owns or maintains the container in the performance of their duties; or

3. Any employee, agent, or contractor of any city, county, state or federal government agency in the performance of their duties.

D. Any person violating this section is guilty of an infraction. (Ord. 2021-0003 § 6; Ord. 2013-0009 § 3)

A. No person shall accumulate, store, keep, throw, place, deposit, or dump refuse:

1. In any water or waterway, or upon the levees or banks adjacent thereto; or

2. Anywhere else on improved or unimproved public or private property, except in the containers designated for this purpose, or as otherwise allowed under this chapter.

B. The city will pay a reward for reporting violations of this section as follows:

1. The city will pay a reward of one thousand dollars ($1,000.00) to a person furnishing information to the authorities leading to the arrest and conviction of a person violating the provisions of this section. The city will pay the reward upon conviction.

2. The city will pay a reward to a person furnishing information to the authorities leading to the imposition of a final administrative penalty order pursuant to Section 1.28.010 against a person for violating a provision of this section. The solid waste manager or designee shall determine the amount of the reward, which shall not exceed the amount of the administrative penalty or five hundred dollars ($500.00), whichever is less. The city will pay the reward upon imposition of the final administrative penalty order.

C. Eligibility for a reward shall be determined in accordance with the guidelines adopted by the city manager and approved by the city council.

D. The owner of any vehicle that is used in violation of subsection A is liable for a violation of subsection A. (Ord. 2026-0003 § 4; Ord.2014-0020 § 1; Ord. 2013-0009 § 3)

No person shall bury or burn refuse anywhere within the city. (Ord. 2013-0009 § 3)

A. In addition to any other remedy allowed by law, any person who violates this chapter is subject to criminal sanctions, civil actions, and administrative penalties under Chapter 1.28.

B. Violations of this chapter are a public nuisance.

C. Any person who violates this chapter is liable for civil penalties of not less than two hundred fifty dollars ($250.00), and not more than twenty-five thousand dollars ($25,000.00), for each separate violation and for each day the violation continues.

D. Any person who violates a provision of this chapter is guilty of a misdemeanor, punishable by a fine in accordance with Section 36900 of the California Government Code, except where it has been provided by this chapter that the violator is guilty of an infraction.

E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 2013-0009 § 3)13.10.150

Any person adversely and directly affected by any determination made or action taken by the solid waste manager or the director pursuant to this chapter may appeal the determination or action to the city council in accordance with Chapter 1.24. The notice of appeal shall be filed with the city clerk not later than ten (10) days after the date of the determination or action. (Ord. 2013-0009 § 3)

The director has the authority to establish regulations, procedures, and requirements for collection service under this chapter, which shall become effective when adopted by resolution of the city council. (Ord. 2013-0009 § 3)

If claw collection service is provided by request to any residential property on a private street, the city is not responsible or liable in any manner for any damage to the private street arising from the claw collection service. The request for the claw collection service by the resident or homeowner's association constitutes an unconditional waiver of any and all claims, whether known or unknown, for damage of any kind to the private street arising from the claw collection service. (Ord. 2017-0006 § 2)

A. The city may inspect any collection container placed in the public right-of-way to confirm compliance with this chapter. This section does not allow the city to enter a private residential property or residential mixed-use property for an inspection without consent or other legal authorization.

B. The city may investigate a complaint received by the city of any violation of this chapter.

C. The solid waste manager may develop a process to accept written complaints from persons regarding a customer who may be violating state mandated diversion requirements or the provisions of this chapter. The process may include receiving anonymous complaints and notifying the complainant of the outcome of their complaint if the identity and contact information of the complainant becomes known. (Ord. 2023-0024 § 15)