San Jose Municipal Code Part 1 Purpose and Definitions

This Chapter 9.08 is determined and declared to be a health, sanitary, and safety measure necessary for the promotion, protection, and preservation of the health, safety, and general welfare of the people of the City of San José.

(Prior code § 5301.1; Ord. 20657.)

"Authorized recycling contractor," as used in this chapter, means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

(Ord. 22054.)

"Cannery waste," as used in this chapter, means and includes refuse generated by bulk food processors, such as, but not limited to, canneries and frozen food processors.

(Prior code § 5301.8; Ord. 20657.)

"Commercial and industrial premises," as used in this chapter, means and includes all premises except residential premises.

(Prior code § 5.301.20; Ord. 20657.)

"Composting," as used in this chapter, shall mean and include any process in which waste organic matter decomposes in a controlled environment.

(Prior code § 9.08.035; Ords. 19783, 20657.)

"Delinquent," as used in this chapter, means and includes a failure of the recipient of garbage collection service, or of the owner, to pay the garbage collector for such garbage collection service by the end of the service period during which garbage collection service has been rendered or may be available.

(Prior code §§ 5301.27, 9.08.040; Ord. 20657.)

"Demolition materials collector," as used in this chapter, means and includes any person who engages in the business of collecting, transporting and/or disposing of demolished building materials or residue remaining after the demolition of any structure and the grading of the land after said demolition.

(Prior code §§ 5301.12, 9.08.050; Ord. 20657.)

"Designated recycling collection location," as used in this chapter, means:

A. Any container designated by posted signs, marked or labeled as a container for recyclable waste material;

B. Any place designated in a contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect uncontainerized recyclable waste material.

(Ords. 22054, 23923.)

"Director of neighborhood preservation," as used in this chapter, means and includes the director of neighborhood preservation and/or his duly authorized agents and/or representatives, hereinafter referred to in this chapter as "director."

(Prior code §§ 5301.21, 9.08.060; Ord. 20657.)

"Dwelling," as used in this chapter, means and includes a residence, flat, apartment, or facility used for housing one or more persons.

(Prior code §§ 5301.14, 9.08.070; Ord. 20657.)

The word "garbage," as used in this chapter, means and includes any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; every accumulation of waste, animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter, including, but not by way of limitation, used tin cans and other food containers; and all putrefactive or easily decomposable waste, animal or vegetable matter which is likely to attract flies or rodents.

The word "garbage," as used in this chapter, also means and includes mixtures of the waste matter previously listed in this section and any waste matter hereinafter included in the definitions of "swill" or "rubbish" or "stable matter," provided that such mixtures do include a significant amount of waste matter previously defined as "garbage." The significance of the portion of garbage to any other waste matter shall be conclusively determined by the director. Said determination shall be based on a consideration of the amounts of waste matter involved, the purposes of this chapter, and the preservation of the public health, safety and general welfare.

(Prior code §§ 5301.3, 9.08.080; Ord. 20657.)

"Garbage collector," as used in this chapter, shall mean and include any person who is authorized by the collection agreement existing between him and the city, in accordance with the provisions of Part 6 of this chapter, to collect, transport and/or dispose of any garbage or of any rubbish and/or stable matter mixed with garbage produced, kept and accumulated in the city, in accordance with the provisions of Part 3 of this chapter.

(Prior code §§ 5301.11, 9.08.090; Ord. 20657.)

"Garbage collection service," as used in this chapter, means and includes the availability of collection, transportation, and/or disposal of garbage, and/or rubbish and/or stable matter mixed with garbage, by an authorized garbage collector as defined in Section 9.08.100 of this chapter.

(Prior code §§ 5301.26, 9.08.100; Ord. 20657.)

"Hazardous waste," as used in this chapter, means and includes any and all toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable waste materials.

(Prior code §§ 5301.7, 9.08.110; Ord. 20657.)

"Hauled waste," as used in this chapter, means non-manufacturing waste such as wastewater collected from portable toilets, septic tanks, cesspools, seepage pits, or other private disposal systems. "Hauled waste" does not include commercial and industrial processing waste, waste from a ground water test, or water from a construction operation or process.

(Ord. 29277.)

"Multiple-unit dwelling," as used in this chapter, means and includes any premises, other than a single-unit dwelling, used for residential purposes, irrespective of whether residence therein is transient, temporary or permanent

(Prior code §§ 5301.18, 9.08.120; Ord. 20657.)

A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purpose of determining whether a premises was occupied during periods when refuse collection service was made available to such premises, a premises shall be presumed to have been so occupied unless evidence is presented that gas, electric, telephone and water utility services were not being provided to such premises during such periods. Such presumption shall be rebutted only by utility records showing that the premises were then unoccupied.

(Prior code §§ 5301.22, 9.08.130; Ord. 20657.)

"Occupant," as used in this chapter, means and includes any person or persons occupying a premises.

(Prior code §§ 5301.23, 9.08.140; Ord. 20657.)

"Owner," as used in this chapter, shall mean the person, organization or corporation holding the legal title to the real property constituting the premises to which refuse service is provided.

(Prior code §§ 5301.15, 9.08.150; Ord. 20657.)

"Premises," as used in this chapter, means and includes any land, building and/or structure or portion thereof in the city where any refuse is produced, kept, deposited, placed or accumulated.

(Prior code §§ 5301.13, 9.08.160; Ord. 20657.)

"Producer," as used in this chapter, means and includes any person, firm or entity that generates refuse.

(Prior code §§ 5301.24, 9.08.170; Ord. 20657.)

A. "Recyclable waste material," as used in this chapter, means discarded materials such as, but not limited to, newspapers, glass and metal cans, which are separated from other garbage or refuse for the purpose of recycling.

B. "Recycling," as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

(Ord. 22054)

"Refuse," as used in this chapter, means and includes any and all garbage, swill, rubbish, and stable matter.

(Prior code §§ 5301.2, 9.08.180; Ord. 20657.)

"Residential premises," as used in this chapter, means and includes single-unit dwellings and multiple-unit dwellings.

(Prior code §§ 5301.19, 9.08.190; Ord. 20657.)

"Rubbish," as used in this chapter, means and includes all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material not included in the definitions of "garbage," "swill" or "stable matter" set forth in this part.

(Prior code §§ 5301.15, 9.08.200; Ord. 20657.)

"Rubbish collector" as used in this chapter, means and includes any person authorized to collect rubbish in the city pursuant to a franchise granted in accordance with the provisions of Part 8 of this chapter.

(Ord. 23509.)

Each "single-unit dwelling," as used in this chapter, means premises used for or designated as a single-family residential dwelling; each part of a (a) condominium project; (b) duplex; (c) townhouse project or (d) mobile home park, in all cases and in which there is separate or individual garbage collection service.

(Prior code §§ 5301.17, 9.08.220; Ord. 20657.)

"Stable matter," as used in this chapter, means and includes all manure and other waste matter normally accumulated in and about stables or any animal, livestock or poultry enclosures resulting from the keeping of animals, poultry or livestock.

(Prior code §§ 5301.6, 9.08.230; Ord. 20657.)

"Swill," as used in this chapter, means and includes any animal or vegetable waste resulting from the handling, packing, canning, cooking, preparing or processing of food, which:

A. Is fit for consumption by, and may lawfully be fed to animals, or which will be made fit by heat or other treatment for consumption by animals and may thereafter be lawfully fed to animals; and

B. Has been segregated from other refuse and kept and accumulated in separate containers by the producer thereof for the purpose of feeding it or having it fed to animals;

C. Is actually and lawfully fed to animals.

(Prior code §§ 5301.4, 9.08.240; Ord. 20657.)

"Swill collector," as used in this chapter, means and includes any person who possesses a valid swill collector's license issued in accordance with the provisions of Part 7 of this chapter.

(Prior code §§ 5301.9, 9.08.250; Ord. 20657.)

"Tenant," as used in this chapter, means and includes any person or persons, other than the owner, occupying or in possession of a premises.

(Prior code § 5301.16; Ord. 20657.)

"Unit of refuse," as used in this chapter, means and includes the refuse contained in one container as authorized in Section 9.08.510 of this chapter.

(Prior code §§ 5301.25, 9.08.260; Ord. 20657.)