San Juan Bautista Municipal Code Art. 1 General Provisions

For the purposes of this Chapter the following words and phrases shall have the meanings respectfully ascribed to them by this Section:

“Franchisee”

means any person or entity, or the agents or employees thereof, with whom the City shall have duly entered into a franchise agreement for refuse collection and disposal, and for yard and wood waste, recyclables, and bulky items collection, processing, marketing and diversion, under terms and conditions negotiated and contained in such franchise agreement.

“Premises”

means all real property and/or any improvements situated thereon.

“Refuse”

means all garbage, trash, and rubbish, excluding recyclables, yard and wood waste, and bulky items that are diverted.

“Roll-off collection”

means solid waste collection from a container designed to hold eight (8) to fifty (50) cubic yards of loose or compacted material that is emptied off site by mechanically rolling the container off of the motor vehicle used for collection.

Except as provided by this Chapter, no person shall place, deposit or keep any incinerator, refuse or refuse container or receptacle on any sidewalk, street, alley, public way or public property.

Except as provided in this Chapter, no person shall place, deposit or keep any refuse on any premises, other than that upon which it was produced, or bury any refuse.

Except as provided in this Chapter, no person in possession, charge or control of any premises shall place, deposit or keep any refuse thereon except in suitable containers; provided, however, that garden refuse may be kept in a small pile or as a compost heap.

Except as provided in this Chapter, no person in possession, charge or control of any premises shall suffer, allow or permit to accumulate, collect or remain thereon any refuse. All refuse must be removed from any premises within the time and manner as provided in this Chapter.

Any person in the possession, charge or control of any premises who shall fail to cause all refuse which is or becomes a menace to health or a fire hazard or otherwise dangerous or offensive to be removed therefrom within twenty-four (24) hours after having received written notice to do so by the Fire Chief or the Director of Public Works of the City shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed one (1) year or by both such fine and imprisonment.

(A) No person shall place, deposit, or keep refuse on any premises except in containers or as otherwise provided in this Chapter.

(B) Maximum Weight of Filled Containers. No person shall fill a container for solid waste or recyclables so as to exceed sixty (60) pounds in weight when filled.

(C) Source Separation. All persons shall separate all recyclables from other solid waste generated at their premises and shall place the recyclables into a different container as provided by the holder of the franchise so as to facilitate segregation at a material recovery facility. An owner or agent of an owner of a multifamily rental housing property with three (3) or more units shall comply with its separation responsibilities by establishing a collection and storage system at each property.

(D) Household Hazardous Waste. Every person shall separate household hazardous waste from solid waste and recyclables and shall dispose of it only at a household hazardous waste collection facility or through programs specifically provided by the franchise collector or the City to collect household hazardous waste.

No person shall place, deposit, or keep in any refuse container any of the following: dead animals, or any refuse from any premises where any infectious or contagious disease has prevailed. The person in possession, charge, or control of any premises wherein or whereon such items are located shall forthwith notify the Director of Public Works (DPW) and shall dispose of the same as directed by the DPW.

No person shall:

(A) Burn refuse on any sidewalk, street, alley, public way or public property.

(B) Burn garbage.

(C) Burn refuse that creates offensive odors or smoke.

(D) Kindle or maintain any bonfire or rubbish fire; and no person in possession, charge or control of any premises shall authorize or permit any such fire to be kindled or maintained on said premises without consent of the Monterey Bay Area Air Pollution Control District, unless:

(1) A permit is first obtained from the Fire Chief. The Fire Chief shall fix the term of any such permit, which shall not exceed one (1) year from the date of issuance, shall fix the hours during which burning shall be permitted and such other terms as may be necessary to reduce fire hazards and prevent fire from spreading.

(2) The fire is contained in an approved waste burner; or the fire is constantly attended by a competent person until the same is extinguished. Any such person shall have a garden hose connected to a water supply sufficient to extinguish the fire, or other fire extinguishing equipment readily available for use.

The Fire Chief may prohibit any and all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.

No person shall throw, place, deposit or dump, or cause to be thrown, placed, deposited or dumped, any refuse on any sidewalk, street, alley, public way, public place or public property, or any premises without the consent of the person in possession, charge or control of the premises.

Tree surgeons and professional tree trimmers shall haul away and dispose of all tree trimmings and other garden refuse accumulations by them.