Tracy Municipal Code Art. 5 General Responsibilities of Franchisee

(a) Containers for residential dwellings. Contractor and City shall offer a range of sizes of containers for use by each residential dwelling for the collection of refuse, recycling, and organic materials. The contractor, upon the request of a generator, shall provide additional containers for refuse, recycling, and organic materials for an additional cost. In addition, customers may arrange with the contractor and City to change the size of any container. All containers shall remain the property of the contractor, except as containers are purchased by the City and through lease or other arrangement transferred for use of the contractor.

(b) Containers for multi-family complexes. Contractor shall provide one or more containers to apartment and condominium complexes according to their size and layout, amounts of refuse, recyclables, and/or organic materials regularly accumulated, and in accordance with the appropriate building codes.

(c) Containers for commercial users. Contractor shall provide one or more containers and/or roll-off boxes to commercial users for refuse, recyclables, and/or organic materials in accordance with their needs and subject to exemptions per § 5.20.050. Collections can be scheduled up to six (6) days a week, excluding Sunday.

(d) Beginning January 1, 2022, new containers provided for residential, multi-family, commercial, or industrial businesses, shall be in compliance with Title 14 California Code of Regulations §18984.7 and .8.

(e) Repair and replacement of containers. Contractor shall repair or replace, at no additional cost, any container which is damaged, where such damage as determined by the contractor, is not due to customer misuse or negligence. When a container is damaged with a determination that the damage was caused by customer misuse or negligence, the customer shall reimburse the contractor to replace the damaged container at the current invoice cost.

(f) Special handling provided for disabled citizens. The contractor, at the request of a disabled customer, shall wheel out and return the containers for disabled households with no additional charge to the customer for such service. For the purposes of this section, "disabled households" shall mean those households composed entirely of persons who, by reason of disability, are unable to wheel containers to the curbside for weekly collection. Upon notification, a contractor representative will personally interview such individuals and verify their disability status and determine whether there is another individual residing in the household who is capable of taking the containers curbside. Once their eligibility has been verified, a location acceptable to the customer and contractor will be chosen where the containers will be picked up and returned.

(g) Change in distribution methods and container sizes. City may approve changes in distribution methods and/or container sizes without amendment to this chapter.

(Ord. No. 1324, § 1(Exh. A), 12-21-2021)