San Fernando Municipal Code Art. VI General Requirements

(a) All solid waste and recyclables collected from residential or commercial/industrial premises for a fee, service charge or other consideration, shall be collected by an authorized collector, subject to the exclusions set forth in article V of this chapter, and the limited rights granted collectors with collection permits pursuant to this chapter.

(b) No person, other than an authorized collector, shall negotiate or contract for, undertake to receive, collect or transport solid waste or recyclables from within the city for a fee, service charge or other consideration therefor, except as expressly provided herein.

(c) Except as otherwise provided in this chapter, each residential householder and commercial/industrial business owner shall utilize the services of the authorized collector for the collection of solid waste and recyclables from the residential or commercial/industrial premises held or occupied by such householder or owner and shall pay for such services the fees set by the collector and authorized by the city council or, as applicable, the fees set forth in section 70-33. No residential householder or commercial/industrial business owner shall enter into an agreement for solid waste and recyclables collection services with any person other than the authorized collector, except as otherwise expressly provided in this chapter.

(Ord. No. 1536, § 3, 10-21-2002)

(a) Any person who deposits or causes to be deposited any solid waste or recyclables on any public property, including the public right-of-way, or on private property within public view, except in a container provided therefor as herein specified, shall immediately clean up, contain, collect and remove same.

(b) To facilitate proper disposal of litter by pedestrians and motorists, publicly patronized establishments and institutions shall provide, empty and maintain adequate containers for public deposit of solid waste and recyclables generated by the public as a result of the patronization of such establishments.

(Ord. No. 1536, § 3, 10-21-2002)

It shall be unlawful for any person to transport any loose solid waste by motor vehicle unless the cargo is covered and/or secured in such a manner as to prevent depositing of solid waste on public or private property.

(Ord. No. 1536, § 3, 10-21-2002)

No person shall transfer solid waste or recyclables from one collection vehicle to another on any public street or road unless such transfer is essential to the method of operation and is approved by the city, or is necessary owing to mechanical failure or accidental damage to a vehicle.

(Ord. No. 1536, § 3, 10-21-2002)

(a) No person other than the authorized collector shall tamper with or remove any solid waste or recyclables from a container, other than the owner or occupant of the property served by such container, or an authorized employee of the city.

(b) Subject to any exclusions set forth in article V of this chapter, no person shall deposit solid waste from a residential or commercial/industrial premises in any place other than in an approved container located on the premises which generated the solid waste.

(Ord. No. 1536, § 3, 10-21-2002)

No collection or delivery/removal of containers shall be made between the hours of 5:00 p.m. and 6:00 a.m. Monday through Saturday or at any time on Sunday. The city administrator may waive the requirements of this section when necessitated by conditions beyond the control of the collector. The city administrator may require a collector to change hours of operation if disruption occurs.

(Ord. No. 1536, § 3, 10-21-2002)

Every collector shall, at all times, comply with city policies and programs with regard to solid waste recovery, reduction of solid waste, and recycling.

(Ord. No. 1536, § 3, 10-21-2002)

At such time as the solid waste or recyclables are placed for collection at the usual place of collection, the solid waste and recyclables become the property of the authorized collector.

(Ord. No. 1536, § 3, 10-21-2002)

It shall be unlawful at any time for any person, including collectors, to burn, bury, dump or otherwise dispose of any solid waste or recyclables within the city.

(Ord. No. 1536, § 3, 10-21-2002)

No person authorized to collect or transport solid waste or recyclables shall enter on private property beyond the extent necessary to collect the solid waste or recyclables properly placed for collection, or beyond the extent necessary to provide any agreed upon special collection service.

(Ord. No. 1536, § 3, 10-21-2002)

Each collector shall provide the city with monthly reports, to the extent required by the applicable collection agreement or collection permit, or otherwise required by resolution of the city council. An officer of the collector shall sign each report. Each collector shall maintain, but is not required to submit monthly: copies of waste disposal and recycling facility weight tickets/invoices which indicate the net amount of all waste disposed, transferred and/or recycled during each month that collection services are provided; and an updated revised collection service identification list.

(Ord. No. 1536, § 3, 10-21-2002)

Every collector shall furnish an annual report to the city detailing the quantity and nature of all solid waste or recyclables removed from the city. Reports shall be delivered to the city on or before January 31 of each year, for the immediately preceding calendar year. This report shall also include permitted waste disposal or processing facilities where the collector has disposed and/or transferred all solid waste removed from the city. This report is to also include a compilation of monthly tonnage reports and/or copies of tipping receipts. The report shall include a customer service identification list which identifies the name and address of each customer receiving collection service from the collector. The timely filing of a complete annual report is a condition of any collection permit or collection agreement awarded by the city.

(Ord. No. 1536, § 3, 10-21-2002)

Each collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all employees. Each collector shall file and maintain certificates with the city administrator showing the insurance to be in full force and effect at all times the collector has a collection permit.

(Ord. No. 1536, § 3, 10-21-2002)

Each collector shall furnish the city a policy or certificate of comprehensive general and automobile liability insurance insuring the collector against bodily injury, property damage and automobile liability in amounts approved by the city council. The insurance shall provide that the coverage is primary and that any insurance maintained by the city shall be excess insurance, shall be procured from an insurer authorized to do business in the State of California, shall name the city and its officers, employees and agents as additional insureds and shall not be canceled or modified without first giving to city 30 days prior written notice.

(Ord. No. 1536, § 3, 10-21-2002)

Any collector or person who collects, transports, or disposes of solid waste or recyclables within the city shall indemnify, defend, and hold harmless the city and its officers, employees, and agents against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees, that the city shall incur or suffer, which arise, result from or relate to the collection, transportation, or disposal of solid waste or recyclables by that person.

(Ord. No. 1536, § 3, 10-21-2002)

All owners, contractors, builders and demolition contractors shall, at all times, maintain the construction or demolition site and any nearby premises utilized in the construction or demolition in a clean, safe and aesthetic manner and free of any solid waste.

(Ord. No. 1536, § 3, 10-21-2002)

The accumulation of solid waste by any person beyond the period of one week or in any manner other than as specified in this chapter is prohibited, and is hereby declared to be a nuisance pursuant to Government Code § 38771.

(Ord. No. 1536, § 3, 10-21-2002)

Except to the limited extent set forth in section 70-102, no cardboard box or paper or plastic bag may be used as a receptacle for solid waste or recyclables. Except as expressly authorized by this chapter, no person other than an authorized collector may place a container or other receptacle for the collection of solid waste or recyclables within the city. Any container or other receptacle placed in violation of this section is hereby declared to be a nuisance, and is subject to abatement pursuant to applicable provisions of the City Code.

(Ord. No. 1536, § 3, 10-21-2002)

No person shall, in any manner, interfere with the collection and disposal of solid waste or recyclables by any person authorized by the city to perform collection or disposal of such solid waste or recyclables.

(Ord. No. 1536, § 3, 10-21-2002)