San Jose Municipal Code Part 10 Special Provisions for Central Business District and Transit Mall Zone

A. Notwithstanding any other provisions of this Chapter, the following regulations shall apply to the collection of Solid Waste and Commingled Recyclables in that area of the City designated as the "Central Business District," the boundaries of which are described as follows: Commencing at Market and Julian Streets; east on Julian to Fourth Street; then south on Fourth Street to San Salvador; west on San Salvador to South Market Street; then northwest on Market Street to San Carlos Street; west on San Carlos to Almaden Boulevard; north on Almaden Boulevard to Santa Clara Street; east on Santa Clara Street to Market Street; then north on Market Street to West Julian Street, the point of beginning.

B. Unless expressly exempted therefrom by the Director, all occupants of Premises within the Central Business District (excepting occupants of hotel rooms and persons to whom Solid Waste or recyclables collection services are provided by and at the expense of another) shall subscribe to Solid Waste collection service from a Solid Waste Collector authorized to provide Solid Waste, Organic Materials, and recyclables collection services under the provisions of this Chapter. Such subscription shall be for service on at least a weekly basis, or more often as required by the Director.

C. The Generator shall place all Solid Waste containers, all Organic Materials containers, and all Commingled Recyclables containers in an accessible location in a smooth, hard-surfaced area for collection only between the hours of 10:00 p.m. of the day immediately preceding collection and 6:00 a.m. of the day of collection.

D. Solid Waste, Organic Materials, and recyclables collection shall include both sides of the boundary streets described in this Section.

E. Collections shall take place not earlier than 12:01 a.m. and shall be completed by 6:00 a.m. on the same day except as follows:

1. The Director may grant an exception to these collection limitations if the Solid Waste Collector demonstrates to the satisfaction of the Director that such exception will not impede the flow of traffic in the Central Business District and will not in any way interfere with or hinder either the normal operation or maintenance of the Central Business District or the services provided in said district.

2. The Director may impose restrictions on the hours of collection in addition to the restrictions set forth in this subsection E. if the Director determines that additional time limitations are needed to mitigate an impediment to traffic flow, an interference with the normal operation or maintenance of the Central Business District, or an interference with the quiet enjoyment of adjacent Residential Premises.

F. Following collection, the collector shall place emptied Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers back on the curb in a neat and orderly manner with their lids firmly replaced.

G. The Generator shall remove all emptied Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers from the curb, sidewalk or other public right-of-way not later than 9:00 a.m. on the same day that collection occurs, except where the Director has granted an exception to the collection time limitations pursuant to subsection E. above and such exception expressly permits removal after 9:00 a.m.

H. All Solid Waste, Organic Materials, and Commingled Recyclables containers shall be one (1) of the following:

1. A standard thirty-two (32)-gallon Solid Waste can with a tight-fitting lid which together with its contents does not exceed a weight of sixty (60) pounds.

2. A standard metal storage/collection bin with a metal cover or a plastic cover approved by the Director, provided by the Solid Waste Collector and which together with its contents does not exceed a weight of two (2) pounds per gallon of container capacity.

3. A wheeled collection cart with a tight-fitting lid which is provided by the Solid Waste Collector, is designed for use by semiautomatic or automatic collection equipment and which together with its contents does not exceed a weight of two (2) pounds per gallon of capacity.

4. If approved for uncontainerized collection, a plastic collection bag, of a type approved by the Director, with wire-tie closure which together with its contents does not exceed a weight of sixty (60) pounds.

(Ords. 24315, 24718, 25835, 26625, 30684.)

A. There is hereby established the "Transit Mall Zone," the boundaries of which are as follows: Commencing at Market and Julian Streets; east on Julian Street to Third Street, then south on Third Street to San Carlos Street; then west on San Carlos Street to Market Street; then north on Market Street to Julian Street, the point of beginning; but excluding any Premises which face Julian, Third, San Carlos or Market Streets.

B. The regulations set forth in Section 9.10.1500 shall apply to the collection of Solid Waste, Organic Materials, and Commingled Recyclables from all Premises located in the Transit Mall Zone which have rear access for Solid Waste, Organic Materials, or recyclables collection and where all Solid Waste, Organic Materials, and/or recyclables are collected from the rear access location.

C. In addition to the regulations set forth in Section 9.10.1500, the regulations contained in Section 9.10.1520 shall apply to the collection of Solid Waste, Organic Materials, and Commingled Recyclables from all Premises located in the Transit Mall Zone which do not have rear access for Solid Waste collection or where Solid Waste, Organic Materials, or Commingled Recyclables collection is from a location other than the rear access location.

(Ords. 24315, 25835, 30684.)

A. No person shall keep or maintain any Solid Waste, Solid Waste container, Organic Materials container, Commingled Recyclables, or Commingled Recyclables container at, nor shall any person collect Solid Waste, Organic Materials, or Commingled Recyclables from, any Premises located in the Transit Mall Zone established by Section 9.10.1510 and described in Section 9.10.1510 C. except in conformance with the regulations set forth in this Section.

B. All Solid Waste, Organic Materials, and Commingled Recyclables containers shall be standard metal or plastic containers approved by the Director, equipped with plastic or rubber wheels and tight-fitting lids, and designed for use by semiautomatic or automatic collection equipment.

C. No Solid Waste shall be placed outside any Premises in any container other than the standard containers described in subsection B. unless the Solid Waste Generator has applied to the Director for an exemption to the requirements of subsection B. and the Director grants such exemption after finding all of the following:

1. No Garbage is produced on the Premises; and

2. Space for Solid Waste storage inside or behind the Premises is so limited as to preclude the storage of the standard container described in subsection B.; and

3. The Generator will use only disposal bags of sufficient quality and specification.

D. All Solid Waste containers described in subsection B., all Organic Materials containers, and all Commingled Recyclables containers shall be clearly marked by the Generator or the collector to show the name and address of the Generator or shall be clearly identified by such other means as is approved by the Director. All containers shall comply with the labeling and color requirements of Section 9.10.1420.

E. All Solid Waste containers, all Organic Materials containers, and all Commingled Recyclables containers shall be kept and maintained in conformance with Section 9.10.1500, except that the gross weight for any container described in subsection B. of this Section shall not exceed two (2) pounds for each one (1) gallon of container volume.

F. Solid Waste, Organic Materials, and Commingled Recyclables collections shall take place no earlier than 12:01 a.m. and shall be completed by 6:00 a.m. the same day except as follows:

1. The Director may grant an exception to these collection limitations if the Solid Waste, Organic Materials, or Commingled Recyclables collector demonstrates to the satisfaction of the Director that such exception will not impede the flow of traffic in the Transit Mall Zone and will not in any way interfere with or hinder either the normal operation or maintenance of the Transit Mall Zone or the services provided in said Zone.

2. The Director may impose restrictions on the hours of collection in addition to the restrictions set forth in this subsection F. if the Director determines that additional time limitations are needed to mitigate an impediment to traffic flow, an interference with the normal operation or maintenance of the Transit Mall Zone, or an interference with the quiet or enjoyment of adjacent Residential Premises.

G. All Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers, including disposal bags, if allowed pursuant to subsection C., shall be kept or stored within or behind the Generator's Premises at all times except that containers may be set out for collection between the hours of 10:00 p.m. of the day immediately preceding to collection and 6:00 a.m. of the day of collection. Containers shall be permitted to remain in the set-out location after 6:00 a.m. only in the case where the Director has granted an exception to the collection time limitations pursuant to subsection F. above and such exception expressly permits removal of containers after 6:00 a.m.

H. All Solid Waste containers, Organic Materials containers, and Commingled Recyclables containers set out for collection, including disposal bags, if allowed pursuant to subsection C., shall be placed at or behind the building line of the Premises or in a recessed doorway of the Premises. Containers placed in recessed doorways shall not be placed in any manner that would hinder ingress or egress of emergency services personnel or, during business hours, members of the public.

I. If any provision of this Section conflicts with a provision of Section 9.10.1500, the provision contained in this Section shall prevail.

(Ords. 24315, 25835, 26625, 30684.)