San Mateo Municipal Code Ch. 7.32 Garbage

For the statutory provisions regarding the authority of cities to contract for the collection and disposal of garbage see Cal. Gov. C.A. § 4250. For the provisions authorizing cities to acquire land within the county that the City is located in, for a dump site, see Cal. Gov. C.C. § 38790. However, if the land acquired is outside the corporate limits of the City the consent of the county board of supervisors must be obtained.

(a) "Recyclable material" means those materials that can be re-used, remanufactured, reconstituted, or recycled.

(b) "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

(c) "Refuse collector" means an agent or employee of the City or any person with whom the City shall have duly contracted.

(d) "Scavenging" means the unauthorized removal of recyclable materials that have been placed in a container and/or a location designated by the refuse collector.

(e) "Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

prior code § 106.01

No person shall use any vehicle for the conveyance or removal of solid waste unless such vehicle is staunch, tight and closely covered with a wooden or metal cover so as wholly to prevent leakage or smell. No person shall use any vehicle for the conveyance or removal of solid waste unless such vehicle is provided with a cover securely fastened over the top thereof, and be so constructed as to prevent the deposit of such solid waste, or any portion thereof, in or upon the street through which such vehicle may be driven.

prior code § 106.02

No person shall maintain, run or otherwise operate any vehicle for the purpose of removing or collecting any solid waste of any character, or therewith to remove or collect the same, without first having obtained a license required therefor.

prior code § 106.03

No license shall be issued for the purposes mentioned in Section 7.32.030, unless the applicant therefor has first obtained a permit therefor from the Council, on recommendation of the health officer; and if any license has been inadvertently issued without the obtaining of any such permit, the same shall be null and void. In order to obtain a permit, the applicant shall first file with the City Council of City a written petition stating the name and residence of the applicant, describing the vehicle or vehicles to be used by the applicant for the purposes aforesaid, and stating whether or not the same is metal lined and what character of cover shall be maintained over the solid waste, or other material, to be carried therein. Any permit issued upon the application aforesaid shall be good only for the remainder of the fiscal year during which the same has been issued, and shall expire on the 30th day of June following the date of issue. The Council shall have discretion in regard to the granting, or refusal to grant, any such permit.

prior code § 106.04

No person shall bring solid waste into the City.

prior code § 106.05

No person shall dump or place any solid waste upon any lot, land or street, unless such lot, land or street has first been approved as a dumping ground by the Council. If the intended dumping ground is a street, it is necessary also to obtain the permission of the Superintendent of Streets.

prior code § 106.06

No person shall suffer, allow or permit to collect or remain upon, or to dump upon, any lot or premises any waste paper, feathers, straw, broken glass or crockery, or solid waste of any description in such a manner as to make a rubbish heap on such lot or premises without immediately removing or destroying the same; provided that this provision shall not be construed as interfering with building operations.

prior code § 106.08

The owner of residential property that is generating waste shall be responsible for the collection and removal of all solid waste and house solid waste from that property and shall be required to contract with the refuse collector(s) authorized by City for collection and removal. The City Council shall establish a minimum service level.

prior code § 106.10

(a) The owner of non-residential property that is generating waste shall be responsible for the collection and removal of all solid waste and house solid waste from that property and shall be required to contract with the refuse collector(s) authorized by City for collection and removal. The City Council shall establish a minimum service level provided that the health officer may require greater service if deemed appropriate or necessary for health or safety reasons.

(b) Any user or owner or intended operator of any food establishment as defined in Section 113780 of the Health and Safety Code or flower shop, nursery or other business likely to result in the production of wet, vegetative or odor causing waste products, who applies for a building permit relating to the structure or improvement in which the business is located, shall comply with the requirements of Section 7.32.230. Such businesses shall be designated a "wet waste retail business."

prior code § 106.11

Every person occupying premises in which any solid waste accumulates, shall place the same in a watertight receptacle, which receptacle shall be at all times located in such a place as to be readily accessible for removing or emptying the same, and shall be kept continuously closed by a close-fitting cover when solid waste is deposited therein or removed therefrom.

prior code § 106.09

Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.

prior code § 106.12

Every person engaged in, or carrying on, the business of hauling or removing solid waste or waste material from any premises shall call there regularly, and remove therefrom as promptly as possible all solid waste placed in the can or receptacle for the same on the premises. All such solid waste or solid waste shall be removed in such a manner as not to be offensive or filthy in relation to any person, place, building, premises, street or highway.

prior code § 106.13

No person shall remove any solid waste or similar solid waste except between the hour of 6:00 p.m. and the hour of 7:00 a.m. of the following morning.

prior code § 106.14

Maximum rates for services to be charged by refuse collectors for the collection of solid waste shall be fixed from time to time by resolution of the City Council.

prior code § 106.15

No person other than an authorized refuse collector shall remove recyclable material which has been placed in a container provided by the authorized refuse collector.

Failure on the part of any person to observe any requirement of this chapter, or of any ordinance of the City, is sufficient to justify the revocation of any permit provided for in this chapter.

Prior code § 106.16

Within residential districts nos. 1, 2, 3 and 4 in the City, as they are now, or may hereafter be described, no person shall use, locate or maintain any clothesline or clothes rack, or any solid waste can, container or receptacle nearer than 25 feet from any street line.

prior code § 106.17

(a) No person shall transport to, or deposit at, the City dump, any solid waste as defined in Section 7.32.010 whether segregated or mixed with other material being deposited.

(b) No person shall transport to, or deposit ashes at, the City dump except at the location designated therefor by a sign. Ashes shall be completely separated from all other material transported to, or deposited at, the City dump.

prior code § 106.19

No person shall dump or place or permit to be dumped or placed, any such garden solid waste, lawn cutting, shrub and tree trimmings or like solid waste or other waste materials, except in the manner provided in the rules and regulations for the collection of garden solid waste, upon any lot, land or street within the City.

It is unlawful for any owner, employee, or agent of a business or owner or tenant of property to dump, or cause to be dumped, solid waste that is generated from that business or property into, on top of, or adjacent to a public litter container.

(a) At any time that application is made for a building permit relating to a wet waste retail business where an alteration, addition or repair will take place in an area or multiple areas exceeding 30% of the existing premises area, a plan for the containment, storage and collection of solid waste in accord with regulations created for such purpose shall be submitted with the application. The City Council may adopt regulations implementing this section by resolution. As used in this chapter, "premises area" includes the total gross square footage that is occupied by the wet waste retail business.

(b) In the case of property with multiple occupancies, the Solid Waste Plan required under subsection (a) above shall only be required for that tenant space for which the building permit was applied.

(c) If a solid waste plan is required under this section, no construction shall take place and no building permit shall issue without the prior approval of the solid waste plan by the Neighborhood Improvement and Housing Manager or designee.

(d) No construction commenced under a building permit issued after submission of an approved solid waste plan, as provided in this section, shall be given final inspection approval and/or an occupancy permit until the approved solid waste plan has been complied with and is fully operational.

(e) It is unlawful to fail to comply with the requirements of this section or the regulations adopted pursuant to this section. Failure to comply shall also constitute a public nuisance.