San Jose Municipal Code Part 4 Collection of Recyclable Materials

Footnotes:

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Editor's note— Ord. 30684, § 42, adopted Nov. 16, 2021, repealed Ch. 9.10, Part 4, §§ 9.10.700 - 9.10.760, and enacted a new Part 4, §§ 9.10.700 - 9.10.760, as set out herein. Formerly, Part 4 pertained to similar subject matter and derived from Ord. 24315.

Except as provided in Sections 9.10.710, 9.10.720 and 9.10.730, upon the placement of Recyclable Material in a Designated Collection Location for collection by an Authorized Recycling Collector, the Recyclable Material shall become the property of the Authorized Recycling Collector.

(Ord. 30684.)

A. Organic Materials which are placed in a Designated Collection Location for collection under the City Organic Materials Collection Program shall remain the property of the Generator until such Organic Materials are collected by the City or an authorized Organic Material collector.

B. Upon the collection of such Organic Materials, such Organic Materials shall become the property of the Authorized Organic Material Collector or of the City as set forth in the agreement for collection of Organic Materials entered into by the City and such collector.

(Ord. 30684.)

A. Waste Oil which is placed in a Designated Collection Location for collection under the City Waste Oil Collection Program shall remain the property of the Waste Oil Generator until such Waste Oil is collected by the City or an Authorized Recycling Collector.

B. Upon the collection of such Waste Oil, such Waste Oil shall become the property of the Authorized Recycling Collector or of the City as set forth in the agreement for collection of Waste Oil entered into by the City and such collector.

(Ord. 30684.)

A. Bulky Goods which are placed in a Designated Collection Location for collection by the City's authorized Residential Solid Waste Collector or by an Authorized Recycling Collector shall remain the property of the Bulky Goods Generator until such Bulky Goods are collected by such authorized collector.

B. Upon the collection of such Bulky Goods, such Bulky Goods shall become the property of the authorized Residential Solid Waste Collector or the Authorized Recycling Collector or of the City as set forth in the agreement for collection of Bulky Goods entered into by the City and such collector.

(Ord. 30684.)

No person, other than an Authorized Recycling Collector or Authorized Organic Material Collector, shall remove Recyclable Material or Organic Materials which have been placed in a Designated Collection Location. Any and each such removal in violation hereof from any Designated Collection Location shall constitute a separate and distinct offense.

(Ord. 30684.)

A. Nothing in this Part shall limit the right of an individual person, organization or other entity to donate, sell or otherwise handle Recyclable Materials or Organic Material, provided that any such action is in accordance with the provisions of this Chapter.

B. Nothing in this Part prohibits a Generator from preventing or reducing Solid Waste generation, managing Organic Material on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(Ord. 30684.)

Nothing in this Part shall be deemed to limit the right of an Authorized Recycling Collector or Authorized Organic Material Collector to bring a civil action against any person who violates Section 9.10.740 of this Chapter.

(Ord. 30684.)