Chapter 7.16 — GARBAGE COLLECTION AND STREET

SWEEPING SERVICES Section 7.16.010 Definitions. 7.16.020 Unlawful acts. 7.16.030 Garbage collection and street sweeping services compulsory. 7.16.040 Authorized collectors.

7.16.050 Containerized service. 7.16.060 General provisions. 7.16.070 Special commercial container accessibility service. 7.16.080 When and where to place garbage for collection. 7.16.090 Garbage, recyclable materials, and organic materials collection. 7.16.100 Special haul service. 7.16.110 Carry-out residential service. 7.16.120 Garbage collection and disposal and street sweeping services. 7.16.130 Garbage collection and disposal and street sweeping services delinquencies. 7.16.140 Establishment of garbage collection and street sweeping service routes. 7.16.150 Fees for garbage collection and street sweeping services. 7.16.160 Residential vacancy credit for garbage services. 7.16.170 Special events.

For the purposes of this chapter, certain words and terms are defined as follows. CUSTOMER. The person or business, or an agent or employee of the person or business, who made arrangements with the city to use the services described in this chapter. GARBAGE. (1) Garbage, rubbish, rubble, organic materials or street sweepings. (2) All organic or inorganic materials not defined herein as garbage or rubble, which are rejected, abandoned or discarded by the owners or producers thereof, as offensive or useless or no longer desired by the owners or producers. These materials include, but are not limited to pasteboard boxes, paper, rags and clothing; discarded or abandoned bedding; discarded or abandoned mattresses; discarded or abandoned carpets; discarded or abandoned oilcloth or linoleum; sweepings or cleanings from buildings; bottles, tin cans or containers, broken crockery and glassware; old metals, wire packaging or wrapping materials; ashes; rope, twine, jute, bagging or burlap. GARBAGE ACCUMULATIONS. Garbage accumulations of animal, fruit or vegetable matter that attend the storage, sale, preparation and use of meat, fish, fowl, fruits, vegetable; tin cans or other containers originally used for foodstuffs; any other discarded or abandoned putrescible, organic materials. LOADED WEIGHT. Loaded weight of containers shall not exceed the manufacturer’s recommendation. Containers shall not be over-filled past lid level such that spillage may occur when dumping container. NONSTANDARD CONTAINERS. Nonstandard containers shall be tagged and marked but will not be emptied. Marked containers shall be disposed of if reused. ORGANIC MATERIALS or ORGANICS. Food scraps and trimmings from food preparation, including, but not limited to meat, fish and dairy waste, fruit and vegetable waste, and biodegradable food packaging items such as pizza boxes, paper towels, waxed cardboards, food contaminated paper products, plant debris, such as leaves, grass, weeds and wood materials from trees and shrubs. RECYCLABLE MATERIALS or RECYCLABLES. Those materials separated from garbage by the generator which are capable of being recycled and which would otherwise be processed or disposed of as garbage. RUBBLE. Stones, concrete, plaster, bricks and similar solid material, sod, dirt and similar abandoned or discarded inorganic, noncombustible, nonputrescible materials; building construction or demolition waste materials. SOLID WASTE MANAGER. The Director of the Department of Public Utilities of the city or such person designated by him or her to manage or oversee the garbage collection and disposal and street sweeping services for the city. SPECIAL HAUL. Any garbage collection service beyond the standard service. Special haul service will be provided to the customer at an extra cost. STANDARD CONTAINERS. Plastic 96- gallon containers owned by the city, supplied to customers and serviced by the city’s solid waste automated collection vehicles. STREET SWEEPINGS. Litter or other debris which has accumulated upon streets, roadways and other public highways and necessitates the periodic collection thereof by street sweepers. (1995 Code, § 7.16.010) (Ord. 18-05, passed 9-18-2018)

The following acts are unlawful and shall constitute infractions, as provided in § 1.12.010 of this code. (A) It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage, rubbish or rubble, as the terms are defined by this chapter, on or upon any vacant lot, or on or upon any street, alley, gutter, highway, park or other public place in the city, or to deposit or place or keep any garbage, rubbish or rubble except in the manner prescribed in this chapter. (B) It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage, rubbish or rubble, as the terms are defined by this chapter, into, upon or next to any private garbage container not his or her own, or into, upon or next to any container furnished by the city pursuant to § 7.16.050 of this chapter unless he or she is the person or business, or an agent or employee of the person or business, who made arrangements with the city to use the container. (C) Contents of the standard containers, commercial bins or roll-off containers of all sizes become the property of the city, subject to the following exceptions and limitations: (1) Once a standard container has been placed for collection, no person, except the customer, shall retrieve the contents therein; and (D) No person other than the city shall remove standard containers, commercial bins or roll- off containers of all sizes which have been placed for collection. Any and each violation hereof from one or more collection locations shall constitute a separate and distinct offense punishable as provided in this chapter. (E) It is unlawful or any person to burn, break, destroy, scatter, scavenge, collect, or take any materials from the standard containers without the consent from the Public Works Director or designee. (F) Pursuant to the provisions of Assembly Bill 1594 (AB 1594) a contractor or permittee, and any owners, occupants or persons in possession, charge or control of all dwellings, buildings, places and premises in the city who self-haul organics, may not direct their organic waste for use as alternative daily cover (ADC). If the Solid Waste Manager determines that a contractor or permittee, or any other applicable person has directed any organics waste for use as ADC, the Solid Waste Manager will notify the contractor, permittee, or person of the requirements of this provision. Repeated instances of directing organic materials for use as ADC may result in enforcement action. (1995 Code, § 7.16.020) (Ord. 18-05, passed 9-18-2018)

All dwellings, apartment houses and place of business in which garbage waste, recyclable materials, and organic materials accumulate within the city or upon streets or public highways which abut such property shall be required to utilize the collection and disposal and street sweeping services of the city and to pay the charges set forth for the services by the Department of Public Utilities of the city. (1995 Code, § 7.16.030) (Ord. 18-05, passed 9-18-2018)

It shall be unlawful within the city for any person other than duly authorized collectors and street sweeping operators, employed by the Department of Public Utilities, or private collectors and street sweeping operators licensed by the Department of Public Utilities or other regulating entity, to gather, collect, transport, burn or dispose of any garbage or to remove any garbage receptacle from any place where the same was placed by any occupant. Excepting that rubbish and rubble may be transported and lawfully disposed of by the customer who owns or controls the premises service upon which it has accumulated. The Solid Waste Manager may permit large construction or demolition debris hauls by equipment other than by roll-off container vehicles. In addition, collection of rubbish, rubble or other waste materials utilizing roll-off containers, or commercial bins, on a temporary basis must be performed by the authorized collector(s) licensed by the Department of Public Utilities or other regulating entity. (1995 Code, § 7.16.040) (Ord. 18-05, passed 9-18-2018)

CONTAINERIZED SERVICE shall mean special services approved by the Solid Waste Manager wherein the city provides a vehicle equipped for mechanical handling of various size loose yardage and compactorized containers. (A) Various size loose yardage (including roll-off) containers will be furnished and maintained by the city. (B) Enclosed roll-off containers equipped with attached, or detachable, compactor units meeting city specifications for vehicle loading and safety concerns may be furnished and maintained by the customer when permitted to do so by the Solid Waste Manager. (1) It shall be the obligation of the customer owning enclosed roll-off containers with detachable compactor units, which permit garbage spillage when detached, to clean the area in a timely manner so as to not cause a delay in reattaching the

equipment upon the collectors return from the landfill or disposal site. (2) The customer may request this spillage cleanup by city forces for a fee. (C) It shall be the customer’s responsibility not to overload roll-off containers beyond net legal transporting weights. Legal gross transporting weight shall include vehicle and container weights. Overloaded container situations will be corrected at the customers expense. (1995 Code, § 7.16.050) (Ord. 18-05, passed 9-18-2018)

The general requirements for providing residential and commercial collections are as follows. (A) Where commercial collections are made from private alleys and access ways approaches shall be maintained in such a manner as not to be a hazard to solid waste personnel and equipment, and provide a safe and convenient entrance to and through the premises for the purpose of collecting garbage. (B) The approach to privately-owned containers, or containers furnished by the city, must be kept clear. An unaccessible container will not be dumped at the scheduled time. There will be an extra charge to dump a container other than at the scheduled time. (C) Private alleys and access ways shall be structurally designed and constructed at the customer’s expense to accommodate a loaded garbage vehicle to enter for service without damage to entry way. The city will not be held responsible for any damage to customer’s entry way resulting from normal collection service by a loaded garbage vehicle. (D) Over-filled containers and excess trash on top of containers shall constitute a special haul. (E) All persons or businesses utilizing privately-owned containers, or containers furnished by the city, are responsible for the sanitary conditions of each container or receptacle and the proximity thereof and must keep lids and doors closed when not in use. All persons and businesses will be responsible for city-owned containers which are burned or damaged due to other than normal wear and tear and will be charged for necessary repairs or replacement. (F) Items that are likely to cause damage to standard city containers or the collection vehicles will not be regularly picked up. Some examples are, but are not limited to, timbers or tree trunks larger than four inches in diameter or longer than five feet, engine blocks, head, transmissions axles, spring assemblies or drive shafts, all of which shall constitute a special haul. (G) Where container enclosures are required by the Planning Commission for aesthetic and other considerations, the enclosure design shall conform to minimum standard dimensions on file in the office of the Public Works Director. (H) Garbage collection service to a development with private streets may be considered in accordance with the provisions of Board of Public Utilities Commission Res. 292. (I) The customer shall be responsible for the contents of the container conforming to acceptable federal, state and county Class 2 landfill or disposal site. Recyclable materials and organic materials shall be separated from other solid waste for collection and placed in appropriate containers. (1995 Code, § 7.16.060) (Ord. 18-05, passed 9-18-2018)

Special commercial service may be required of, or requested by, the customer as follows. (A) Direct truck access service shall be provided at a location where the container can be directly serviced by the collector/driver remaining in vehicle at all times without backing and shall constitute the standard or basic service. (B) Gated access service shall be provided at a location where the collector/driver exits the vehicle before and/or after service to open and close enclosure or property access gates. (C) Roll-out access service shall be provided at a location where collector/driver exits vehicle before service to roll out and align castored container, which is situated at an angle or location other than with direct truck access, with the collection vehicle. After service collector/driver must exit the vehicle again to return container to its designated angle or location. Due to physical restrictions and container weight, the maximum container size permitted under this service is three cubic yards. (D) Combined access service shall be provided where container service requires both gated and roll-out service. Maximum container size is three cubic yards. (E) Although backup cameras and monitors are standard equipment on commercial collection vehicles, it shall be the policy of the Solid Waste Manager, for safety reasons, to prohibit container placement locations which cause excessive vehicle backing situations. (F) Where property dimensions and physical development orientation permits, each customer will be required to have individual containers; otherwise, shared service may be requested from Solid Waste Manager. (G) Abandoned, dead domestic pets shall be separated from normal refuse and disposed of by the customer.

(H) Syringes, needles and other possible infectious waste materials shall be separated from normal garbage. Customer shall contact Solid Waste Manager for proper handling and disposal. (1995 Code, § 7.16.070) (Ord. 18-05, passed 9-18-2018)

Garbage may not be placed in alleyways for service. Garbage must be placed at the curb/gutter. Garbage must be placed at such designated place by 6:00 a.m. on days set for collection and empty containers removed from curb/gutter the same day. (1995 Code, § 7.16.080) (Ord. 18-05, passed 9-18-2018)

The city shall service garbage, recyclable materials, and organic materials collections containers once each week from all dwelling units in the city. The city shall collect daily (except Sundays) if required from all business and commercial establishments. (A) Commercial customers are responsible for compliance. Each commercial customer shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter, including all multi-family dwellings of four units or more, and also including multi-family dwellings under four units that share solid waste collection containers and services under one account. (B) Commercial recycling and organics collection required. Each commercial customer shall subscribe to a level of service that is sufficient to handle the volume of recyclable materials and organic materials generated or accumulated on the premises, or complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with any other applicable law or regulation. The commercial customer shall make a copy of such form available to the Public Works Director or designee upon request. Additionally, each commercial customer shall ensure the proper separation of solid waste, as established by the city, by placing each type of material in designated standard receptacles or containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on-site conduct proper separation of solid waste. (C) Commercial customer self-haul. Nothing in this chapter shall preclude any commercial customer from self-hauling recyclable materials or organic materials generated by that commercial customer to a recycling or organics processing facility, provided that the responsible parties: (1) Comply with the requirements in this chapter by delivering recyclable materials or organics materials to permitted facilities that will process those materials in accordance with the requirements and intent of this chapter. (2) Complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the Public Works Director or designee. (3) Provide proof of compliance with this chapter, upon request by the city; proof includes, but is not limited to, a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered. (D) Exemptions to mandatory commercial recycling and organics. The following shall be exempt from the requirements of this section. Commercial customers seeking an exemption shall submit their request for exemption in a form specified by the Public Works Director or designee, if such a form exists. After reviewing the exemption request, and after an on-site review, if applicable, the Public Works Director or designee may either approve or deny the exemption request. (1) The state, a special district or other local public agency other than the city, as defined, or any employee thereof, when collecting or transporting recyclable materials produced by operation or system of the entities described above. (2) Municipal corporations and governmental agencies other than city using their own vehicles and employees engaged in the collection, transportation or disposal of recyclable materials within the boundaries of the city. (3) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that no organic materials and recyclable materials are generated by that commercial customer generator, its employees, customers, tenants, businesses practices, and other persons or processes which occur on the premises of the commercial customer generator. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341. (4) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that there is inadequate space for the commercial customer to store sufficient containers for recyclable materials and organic materials on site and that it is infeasible for the commercial customer to share recyclable materials or organic materials containers with adjacent commercial facilities or multi-family dwellings. This exemption may be granted only if the commercial customer is not subject to the requirements of AB 1826 or AB 341. (5) Commercial customers that can provide documentation to the satisfaction of the Public Works Director or designee that compliance with this chapter will result in violating city zoning or other regulations. This exemption may be granted only if the commercial customer generator is not subject to the requirements of AB 1826 or AB 341.

(E) Additionally: (1) The Public Works Director or designee shall review commercial customer data to confirm whether all commercial customers are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organics and recycling collection services. Those commercial customers who do not subscribe to the required collection services with the city will be notified of the requirement to subscribe or self-haul organics and recyclables. Those commercial customers who do not subscribe to the required services with the city, but who can produce evidence of legitimate self-haul of organics and recyclables will be deemed compliant with this chapter, whereas those who cannot will be deemed non-compliant. (2) The Public Works Director or designee shall annually work with any non-compliant commercial customers in order to bring them into compliance with the requirements of this chapter by providing outreach, education, and technical assistance to facilitate compliance. (3) Commercial customers shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within 30 days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement. (1995 Code, § 7.16.090) (Ord. 18-05, passed 9-18-2018)

Dirt, sod, tree stumps, stones, broken concrete, furniture, appliances, construction debris, demolition debris and other building materials are not considered to be normal household rubbish; however, they will be handled on a special haul basis for which an extra charge is made. Tree and shrub trimmings which cannot be placed in containers for organic materials, as provided in § 7.16.010 of this chapter, shall be handled on a special haul basis for which an extra charge will be made. (1995 Code, § 7.16.100) (Ord. 18-05, passed 9-18-2018)

Carry-out residential service shall be provided at a set fee per container when containers are located other than curb side. (1995 Code, § 7.16.110) (Ord. 18-05, passed 9-18-2018)

Billing and collection charges for garbage and street sweeping services shall be included on the regular city utility bill to customers who have city water service. When the garbage collection and street sweeping customer does not have city water service, a separate bill for garbage collection and street sweeping services shall be mailed in accordance with standard billing procedures to the person who owns or controls the premises serviced. (1995 Code, § 7.16.120) (Ord. 18-05, passed 9-18-2018)

(A) All charges for garbage collection and street sweeping services included on utility bills shall be due and payable at the same time as other city utility charges. If a bill for garbage collection and street sweeping services is not paid within the time provided, the city may discontinue water and other services to the premises. (B) All collection service bills, if not a part of the city utility bills, shall become delinquent at 5:00 p.m. on the twentieth day following each applicable billing month. If a bill for garbage collection and street sweeping services is not paid within the time, a collection charge of 10% per month will be added and collection shall be enforced by law. (1995 Code, § 7.16.130) (Ord. 18-05, passed 9-18-2018)

The Solid Waste Manager shall, subject to approval of the Board of Public Utilities of the city, supervise the collection, removal and disposal of all refuse and establish routes, days and hours for collection and may change the same from time to time. When such routes, days and hours are established or changed, he or she shall give such notice thereof as he or she may deem advisable. (1995 Code, § 7.16.140) (Ord. 18-05, passed 9-18-2018)

Fees to be collected by the city for the collection and removal of garbage and for street sweeping services shall be set by resolution by the Board of Public Utilities Commissioners of the city. (1995 Code, § 7.16.150) (Ord. 18-05, passed 9-18-2018) § 7 16 160 Residential vacancy credit for garbage services

The city will issue a residential vacancy credit for garbage services, provided the period of the vacancy is three months or longer. The amount of the credit shall be equal to the monthly refuse service charge. A written application for a vacancy must be submitted by the property owner or tenant a minimum of ten working days prior to the date of the actual vacancy. No vacancy credit will be allowed if an application is requested or received after the actual vacancy has occurred. The Director shall have the authority to establish a fee for the actual cost of providing a vacancy credit and the resumption of services. No vacancy credits are established for commercial or industrial businesses. (Ord. 09-02, passed - -2009) (Ord. 18-05, passed 9-18-2018)

Special event recycling and organics collection required. For a special event, in addition to any other conditions the city requires as part of the special event permit, the responsible party shall either arrange for commingled or source separated collection and processing of garbage, recycling and organics or shall arrange for and provide recycling and organics containers throughout the event location to make source separation of recyclable materials, organic materials and garbage convenient for the employees, volunteers, contractors, customers of the food vendors and attendees of the event. This includes arranging for collection and appropriate processing of all garbage, organics and recycling collected during the special event. Requirements for special events not utilizing commingled or source separated collection services provided by the franchised hauler include: (A) The minimum number of recycling and organic containers shall equal or exceed the number of garbage containers. Containers for garbage, organics and recyclables shall be collocated throughout the event location in order to provide equally convenient access to users. (B) All of the containers must have appropriate signage and be color coded to identify the type of materials to be deposited and meet any additional design criteria established by the city by regulation. (C) Food vendors must have at least one separate container each for recyclable materials, organic materials and garbage for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area may share an appropriate number, size, and placement of containers for recyclable materials, organic materials and garbage for convenient use by customers or visitors or have common access to such a container which shall be located within a reasonable proximity of the vendors. (D) The types of recyclable materials suitable for deposit into each container shall include, at a minimum; plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each recycling container shall be clearly identified as a recycling container and shall display a list of types of recyclable materials which may be deposited into the recycling container. (Ord. 18-05, passed 9-18-2018)