Vallejo Municipal Code Ch. 7.40 Definitions

For the purposes of Chapters 7.40 through 7.52, the following words and phrases are defined and shall be construed as hereinafter set out unless it is apparent from the context that a different meaning is indicated.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Bin" means a detachable container used in connection with commercial/industrial premises with a capacity equal to or less than six cubic yards that is serviced using a front end loading vehicle.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Box," sometimes known as a "roll-off," "drop" box or "debris" box, means a wheeled or sledded container or compactor, generally ten to forty cubic yards in size, that is picked up in its entirety by a dedicated truck.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Bulky goods" means materials such as discarded furniture; carpets; mattresses; household appliances including refrigerators, ranges, washers, dryers, water heaters, and dishwashers and other similar items; household goods including lawn and garden equipment (drained of fluids), bicycles, other similar personal items, and other oversized materials whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. Bulky goods does not include motor vehicles or any subassembly, component, or part thereof (including tires), hazardous materials, and universal waste (including electronic waste) as currently defined by applicable laws and regulations.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 2, 4-13-2021)

"Cart" means an industry-standard receptacle for solid waste, recyclables, or green waste made of metal, hard rubber or plastic in a range of sizes approximately thirty-two, sixty-four or ninety-six gallons with wheels, a handle for ease of movement and a tight-fitting, attached lid, and designed to be dumped mechanically into a collection vehicle.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"City" means the city of Vallejo.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"City council" means the city council of the city of Vallejo.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"City manager" means the city manager of the city of Vallejo, or his or her authorized representative.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Commercial business" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling consisting of five or more units, or as otherwise defined in Section 18982 of Title 14 of the California Code of Regulations. Any person holding or occupying, alone or with others, commercial/industrial business premises, whether or not it is the holder of the title or the owner of record of the commercial/industrial business premises.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 3, 4-13-2021)

"Commercial business premises" means all real property within the city in which a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling consisting of five or more units, or as otherwise defined in, Section 18982 of Title 14 of the California Code of Regulations is located, including but not limited to retail establishments, shops, offices, service stations, recreational facilities, and manufacturing establishments. Commercial business premises do not include residential premises or multi-family residential dwellings consisting of less than five units.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 4, 4-13-2021)

"Commercial/industrial container" means a cart(s), bin(s) or box(es) used in connection with commercial/industrial business premises designed for mechanical pick-up by collection vehicles and equipped with a lid, or where appropriate other types of containers suitable for the storage and collection of commercial/industrial business solid waste if approved in writing by the public works director.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in Section 18982 of Title 14 of the California Code of Regulations, as may be amended. For purposes of this definition, commercial edible food generator does not include food recovery organizations and food recovery services as defined in and pursuant to Section 18982 of Title 14 of the California Code of Regulation, as may be amended.

A tier one commercial edible food generator means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

If the definition in Section 18982(a)(73) of Title 14 of the California Code of Regulations of tier one commercial edible food generator as amended differs from this definition, the definition in Section 18982(a)(73) shall apply.

A "tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

7. A local education agency facility with an on-site food facility.

If the definition in Section 18982(a)(74) of Title 14 of the California Code of Regulations of tier two commercial edible food generator as amended differs from this definition, the definition in Section 18982(a)(74) shall apply.

(Ord. No. 1849 N.C. (2d), § 5, 4-13-2021)

"Container" shall mean any bin(s), box(es) or cart(s) used for the purpose of holding solid waste, recyclables, or green waste for collection.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Edible food" means food intended for human consumption, or as otherwise defined in Section 18982(a)(18) of Title 14 of the California Code of Regulations. For purposes of this ordinance or as otherwise defined in Section 18982(a)(18) of Title 14 of the California Code of Regulations, "edible food" is not solid waste if it is recovered and not discarded. Nothing in this ordinance or in Title 14 of the California Code of Regulations, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code or other applicable laws or regulations, as may be amended.

(Ord. No. 1849 N.C. (2d), § 6, 4-13-2021)

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in Section 18982(a)(24) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 7, 4-13-2021)

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in Section 18982(a)(26) of Title 14 of the California Code of Regulations, as may be amended. A food recovery service is not a commercial edible food generator for purposes of this ordinance and implementation of Title 14 of the California Code of Regulations, Division 7, Chapter 12 pursuant to Section 18982(a)(7) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 8, 4-13-2021)

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in Section 18982(a)(25) of Title 14 of the California Code of Regulations, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this ordinance and implementation of Title 14 California Code of Regulations, Division 7, Chapter 12 pursuant to Section 18982(a)(7) of Title 14 of the California Code of Regulations.

If the definition in Section 18982(a)(25) of Title 14 of the California Code of Regulations for food recovery organization differs from this definition, the definition in Section 18982(a)(25) of Title 14 of the California Code of Regulations as amended shall apply to this ordinance.

(Ord. No. 1849 N.C. (2d), § 9, 4-13-2021)

"Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps does not include fats, oils, and grease when such materials are source separated from other food scraps.

(Ord. No. 1849 N.C. (2d), § 10, 4-13-2021)

"Franchisee" includes and means, for the purpose of Chapters 7.40 through 7.52, an agent or employee of the city or any person, firm, corporation, co-partnership, joint venture, or association, or the officers, agents and employees thereof, with whom the city shall have a franchise agreement under the terms and conditions as are set forth in Chapters 7.44 through 7.52, to collect, transport through the streets, alleys, or public ways of the city and dispose of solid waste and recyclables produced within the territorial limits of the city.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Green waste" means prunings, brush, leaves, grass clippings, garden and hedge trimmings, and small branches less than six inches in diameter and four feet in length and similar vegetative waste generated from residential property or landscaping activities, but does not include stumps or similar bulky wood materials, or painted or treated wood.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 11, 4-13-2021)

"Hazardous materials" means and includes any substances, materials, or wastes identified as toxic or harmful to human health or the environment, including but not limited to materials identified in Section 1722.5.3 of Title 14 of the California Code of Regulations, Section 18502 of Title 14 of the California Code of Regulations, and Section 25117 of the Health and Safety Code, or any other applicable laws or regulations, as may be amended.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 12, 4-13-2021)

"Health department" means the Solano County Department of Environmental Management, acting as the health department of the city.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of Section 18815.5(d) of Title 14 of the California Code of Regulations and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to Section 18815.5(d) of Title 14 of the California Code of Regulations for organic waste received from the "mixed waste organic collection stream" as defined in Section 17402(a) and Section 18982(a)(33) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 13, 4-13-2021)

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in Section 18982(a)(38) of Title 14 of the California Code of Regulations differs from this definition as amended, the definition in Section 18982(a)(38) of Title 14 of the California Code of Regulations shall apply.

(Ord. No. 1849 N.C. (2d), § 14, 4-13-2021)

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of Title 14 of the California Code of Regulations, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of Title 14 of the California Code of Regulations, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in Title 14 of the California Code of Regulations Section 18982(a)(39) differs from this definition as amended, the definition in Section 18982(a)(39) of Title 14 of the California Code of Regulations shall apply.

(Ord. No. 1849 N.C. (2d), § 15, 4-13-2021)

"Minimum service" means the minimum collection and processing or disposal service provided to residential premises and commercial business premises for solid waste, recyclables, and organic waste as prescribed under the terms and conditions of a franchise agreement or other agreement or city authorization, or as otherwise prescribed by the public health department, public works director, or city council.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 16, 4-13-2021)

"Organic waste" means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in Section 18982(a) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 17, 4-13-2021)

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in Section 18982(a) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 18, 4-13-2021)

"Owner" where that word refers to an owner who occupies a single-family dwelling or the owner of a leased or rented single-family dwelling house or of an apartment, flat, duplex, or other multiple-family dwelling or commercial/industrial premises, means and includes the person who, with respect to such leased or rented premises, is the agent, manager, or representative of any individual owner, or who is the agent, managing or executive officer, or employee, or authorized representative of any owner which is a firm, corporation, copartnership, joint venture, or association.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Person" means any individual, firm, corporation, copartnership, joint venture, or association acting for himself, or as agent, officer, servant, or employee for and on behalf of any other individual, firm, corporation, copartnership, joint venture, or association. The singular includes the plural and the plural includes the singular. The masculine gender includes the feminine or neuter as the context may require.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Public works director" means the public works director of the city of Vallejo, or his or her authorized representative.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Recyclables" means any material generated or collected in such a condition that it can be re-manufactured or reprocessed into re-usable materials. Recyclables includes but is not limited to glass containers, metal (ferrous, nonferrous, and bimetal) containers (including aerosol and empty latex paint cans); aluminum foil and pie plates; narrow-neck plastic containers; gable top and juice carton polycoated containers, newspaper; corrugated cardboard; mixed paper (including but not limited to white and colored paper, fax paper, magazines, chipboard, junk mail and telephone books); green waste (whether source separated or commingled with solid waste); and, any such other materials designated as recyclables by the public works director, city council, the California Integrated Waste Management Board, any other agency with jurisdiction, or as set forth in a franchise agreement.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 19, 4-13-2021)

"Resident" means any person residing in a household either owned, leased, or rented by him or her in the city of Vallejo.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Residential cart service" means the collection and processing or disposal system for solid waste, recyclables, and organic waste wherein the rates or collection charges set forth in this Chapter 7.48 are based upon the size of the cart, which is provided by the franchisee for collection. Solid waste, recyclables, and organic waste shall be deposited only in cart(s) as defined herein and subject to the volume and weight limitations herein set forth.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 20, 4-13-2021)

"Residential collection" means the collection and processing or disposal of solid waste, recyclables, and organic waste pursuant to the terms and conditions of a franchise agreement or other agreement or other authorization approved by the city council of the city of Vallejo. Residential collection includes the franchisee providing separate carts for the collection and processing or disposal of solid waste, recyclables, and organic waste cart(s) to each residential householder subject to the terms and conditions of the franchise agreement, other agreement, or other authorization. These cart(s) shall serve as the exclusive containers for storage and collection of solid waste, recyclables, and organic waste.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 21, 4-13-2021)

"Residential premises" shall mean: (i) any building or structure, or portion thereof, that is used for residential housing purposes and has four or fewer distinct living units; and (ii) any multiple unit residential complex which, with the prior written approval of the city manager, receives solid waste, recyclables and green waste collection services using standard residential solid waste, recycling and green waste cart(s).

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

"Self-hauler" means a person, who hauls solid waste, organic waste, or recyclables material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in Section 18982(a) (66) of Title 14 of the California Code of Regulations. Back-haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in Section 18982(a)(66) of Title 14 of the California Code of Regulations.

(Ord. No. 1849 N.C. (2d), § 22, 4-13-2021)

"Single family" means of, from, or pertaining to any residential premises with fewer than five units.

(Ord. No. 1849 N.C. (2d), § 23, 4-13-2021)

"Solid waste" has the same meaning as defined in Section 40191 of the Public Resources Code as may be amended, which defines solid waste as putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition debris and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which are not hazardous materials, manure, vegetable or animal solid and semi-solid wastes, and other dismantled solid and semi-solid waste. Solid waste does not include hazardous waste, radioactive waste, or medical waste as defined in the Public Resources Code or other applicable laws or regulations, as may be amended.

(Ord. 1595 N.C. (2d) § 1 (part), 2007.)

(Ord. No. 1849 N.C. (2d), § 24, 4-13-2021)

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing of those materials for recycling or reuse to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in Section 17402.5(b) of Title 14 of the California Code of Regulations, as may be amended.

(Ord. No. 1849 N.C. (2d), § 25, 4-13-2021)