Ventura Municipal Code Art. 1 In General 12

12 Editor’s note(s): Section 1 of Ord. No. 2021-012 , adopted November 8, 2021, amended Article 1 in its entirety to read as herein set out. Former Article 1 pertained to the same subject matter, and derived from the 1971 Code; and Ord. No. 2002-02, adopted January 24, 2002.

Cross reference(s) – Litter, Chapter 8.250; public utilities, Title 22.

The city council does hereby find and determine that the storage, accumulation, collection and disposal of solid waste is a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities.

The city council also finds that a recyclable materials and green waste collection and processing program is necessary for the city to achieve the diversion goals mandated by the Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) and that failure to comply with this mandate exposes the city and its residents to substantial fines and additional costs. (Ord. No. 2021-012, § 1, 11-8-21)

For the purpose of this chapter, the following definitions apply:

“Animal waste” means any carcass, manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic or commercial livestock such as cattle or horses, but not including household pets.

“Black container waste” means solid waste that is collected in a black or gray container that is part of a three-container or three-plus organic waste collection service that prohibits the placement of organic waste in the black container, as defined in Section 6.500.520, or as otherwise specified or defined in 14 CCR Sections 18984.1(a) and (b), or 14 CCR Section 17402(a)(6.5).

“City” means the city of San Buenaventura, a municipal corporation, and all the territory lying within the municipal boundaries of the city as presently existing or as such boundaries may be modified.

“City council” means the mayor and city council of the city of San Buenaventura.

“City manager” means the city manager of the city of San Buenaventura or the city manager’s designee.

“Combined solid waste” means every putrescible and nonputrescible waste placed in a single container.

“Commercial business,” “commercial premises,” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of this article.

“Commercial occupant” means every owner of, and every tenant or person who is in possession of or has the care and control of, a commercial business.

“Composting” means a method of treatment in which organic wastes are biologically decomposed under controlled, aerobic or anaerobic conditions to produce a product that can be reused.

“Construction and demolition debris” means used or discarded construction materials removed from premises during the construction, demolition, or renovation of a structure, as provided in Section 6.500.5120.

“Container” means a container for the reception, removal and disposal of solid waste, including black container waste, food waste, green waste, or recyclable materials. “Container” includes a can, bin or drop box.

“Disposal” means the final disposition of solid waste at a disposal site.

“Disposal site” means the solid waste facility or facilities approved by the city for the ultimate disposal of solid waste.

“Food waste” means all food scraps, food-soiled paper, and compostable plastics generated at residential and commercial premises.

“Franchisee” means a person who has entered into a franchise agreement with the city council pursuant to Article 1 of Chapter 6.450.

“Green waste” means tree trimmings, grass cuttings, dead plants, leaves, branches, dead trees, and other miscellaneous organic material generated at residential and commercial premises.

“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the state of California in Health and Safety Code Sections 25110.02, 25114, and 25117 or in future amendments to or recodifications of such statutes, or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), and all future amendments thereto.

“Home composting” means the on-site recycling of organic materials such as leaves and grass clippings generated on residential premises.

“Litter” means any quantity of solid waste which is not placed in a container.

“Multifamily residential dwelling,” “multifamily residence,” or “multifamily” means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

“Nonorganic recyclables” means nonputrescible and nonhazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Nonputrescible waste” means solid waste which is not subject to decomposition by microorganisms.

“Occupant” means and includes every owner of, and every tenant or person who is in possession of, or has the care and control of, an inhabited residence or a place of business.

“Permittee” means any person authorized by city of San Buenaventura permit to collect recyclable materials.

“Person” means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the state of California, the county of Ventura, and special purpose districts.

“Processing facility” means a properly licensed and permitted plant or site used for the purpose of sorting, cleaning, treating, reconstituting and marketing recyclable materials.

“Putrescible waste” means solid wastes originated from living organisms and their metabolic waste products and from petroleum, which contains naturally produced organic compounds and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds.

“Recyclable materials” means domestic, commercial or industrial byproducts of economic value which are source separated, set aside, handled, packaged, or offered for collection by the waste generator in a manner different from solid waste and specifically includes without limitation glass, paper, plastic, and metal, or as otherwise defined in 14 CCR Section 18982(a)(43).

“Residential premises” means a site occupied by a building zoned for residential occupation, including multifamily and single-family dwellings, and whose occupants generate solid wastes, including black container waste, food waste, green waste, and/or recyclable materials. No place used primarily for business purposes shall be considered as a residential unit.

“Single-family residence,” “single-family dwelling,” or “single-family” means of, from, or pertaining to any residential premises with fewer than five units.

“Solid waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines “solid waste” as all putrescible and nonputrescible solid, semisolid, and liquid wastes accumulated or delivered for collection and disposal within the city and includes, but is not limited to, 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, with the exception that solid waste does not include any of the following wastes:

1. Hazardous waste, as defined in the State Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

“Source separated” means the segregation, by the waste generator, of materials designated for separate collection for some form of materials recovery or special handling.

“Transfer station” includes those facilities utilized to receive solid waste, temporarily store, and transfer the solid wastes directly from smaller to larger vehicles for transport. “Transfer station” does not include the following:

1. A facility whose principal function is to receive, store, separate, convert, or otherwise process manure in accordance with state minimum standards.

2. A facility whose principal function is to receive, store, convert or otherwise process wastes which have already been separated for reuse and are not intended for disposal.

“Transformed” means incinerated, pyrolyzed, distilled, gasified, or biologically converted other than composted.

“Waste generator” means any person, as defined by Section 40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code Section 40191, or whose act first causes solid waste to become subject to regulation. (Ord. No. 2021-012, § 1, 11-8-21)

A. The owner or tenant of any property in the city shall be responsible for removal of all solid waste accumulated on such property.

B. In accordance with, and as provided in further detail in Article 5 of this chapter, commencing with Section 6.500.510, all solid waste created, produced or accumulated in or about residential premises in the city, including single-family dwellings, shall be removed from the premises and disposed of at least once each week, except as otherwise provided in Section 6.500.550(C). All solid waste created, produced or accumulated at commercial businesses, including multifamily dwellings, hotels, restaurants, boardinghouses or other places of business situated in the city shall be removed from the premises at least once a week, except as otherwise provided in Section 6.500.550(C). The Ventura County health department may require a greater number of collections per week. Each day’s violation of this section shall be treated and considered as a separate and distinct offense.

C. No person may deposit solid waste or containers upon any street, alley, gutter, parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.

D. Other than as set forth in this chapter, it is unlawful for any person to dump, bury, or otherwise dispose of or store or accumulate any solid waste on any private or public property within the city; provided, however, that leaves, grass clippings, and the like may be permitted for the purpose of home composting or mulching. (Ord. No. 2021-012, § 1, 11-8-21)

All containers for solid waste, including black container waste, food waste, green waste, and recyclable materials, shall be provided and maintained as follows:

A. The franchisee shall provide and maintain containers for the reception, removal and disposal of solid waste, including black container waste, food waste, green waste, and recyclable materials, as specified in this section for customers of the franchisee.

B. All containers shall be water-tight, constructed of a material of suitable strength and durability and shall be tight seamed.

C. Commercial containers provided by the franchisee shall be:

1. Leak proof, and provided with a lid, where applicable.

2. Constructed entirely of noncombustible materials.

3. Located within enclosures designed for this purpose.

D. No occupant shall so fill any container with solid waste, black container waste, green waste, or recyclable materials above the top of the container to such an extent as to permit the contents of any container to be blown or otherwise strewn about. (Ord. No. 2021-012, § 1, 11-8-21)

In accordance with, and as specifically provided in Sections 6.500.530 and 6.500.540, occupants of residential and commercial premises serviced by the franchisee shall place containers for collection by the franchisee of all solid waste, including black container waste, food waste, green waste, and recyclable materials as follows:

A. Separate containers for the purpose of reception and removal of solid waste, including black container waste, food waste, green waste, and recyclable materials, shall be placed by the occupant in the parkway portion of the street, if available, otherwise on the curb or sidewalk along the street in front or to the rear of each residential dwelling or place of business in the city. Where paved alleys exist from which collections can be made, the containers may be placed in such paved alleys.

B. In all cases of disputes or complaints concerning the place where containers shall be placed while waiting for the removal of their contents, the director of public works shall designate the place.

C. Occupants shall not place containers at the curb for collection by a franchisee at any time other than the days established by the franchisee for the collection of such solid waste, including black container waste, food waste, green waste, or recyclable materials on the particular route involved or earlier than 4:00 p.m. of the day preceding the day designated for collection. All containers shall be removed from the place of collection prior to 8:00 p.m. of the day the containers have been emptied.

D. Each occupant of residential and commercial premises shall maintain supervision over containers on their premises and shall maintain such containers in a sanitary condition. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the franchisee, occupant should immediately notify the franchisee or the city and it shall be the duty of the franchisee to arrange for the collection and disposal of the solid waste, including black container waste, food waste, green waste, and/or recyclable material.

E. No person other than the waste generator or any employee, franchisee, or permittee of the city shall move, remove, or interfere with any container or its contents.

F. If solid waste, either from residential premises or from commercial businesses, is too large to be placed in a container but is to be collected by a franchisee, it shall be carefully placed beside the container, in securely tied bundles not in excess of 18 inches in diameter and five feet in length and weighing not more than 75 pounds. (Ord. No. 2021-012, § 1, 11-8-21)

Except as provided in Section 6.500.150, no person shall place or leave any container described in this chapter on public property, or allow such container to remain thereon. No person shall store such a container in a residential area so that it is visible from a public street. (Ord. No. 2021-012, § 1, 11-8-21)

A franchisee or waste generator disposing of its own solid waste, including black container waste, food waste, green waste, and/or recyclable materials shall dispose of all such solid wastes at a disposal site or processing facility in a manner satisfactory to the city and in accordance with all federal, state and local laws and regulations. (Ord. No. 2021-012, § 1, 11-8-21)

A. The removal of wearing apparel, bedding or other infectious waste from homes, hospitals or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the county health officer and such infectious waste shall not be placed for regular collection and disposal.

B. Highly inflammable, explosive/radioactive, or other hazardous waste shall not be placed in containers for regular or annual collection and disposal but shall be removed by separate agreement(s), at occupant’s expense, in accordance with all federal, state and local laws and regulations with a company properly licensed and permitted for the collection and disposal of inflammable, explosive/radioactive or other hazardous waste.

If the franchisee determines that waste placed for collection or disposal is hazardous waste, designated waste, or other waste that may not legally be disposed of at the disposal site or presents a hazard to franchisee’s employees, the franchisee shall have the right to refuse to accept such waste.

C. Animal waste, as herein defined, shall not be placed in containers for regular collection and disposal, but shall be removed by separate agreement with a company properly licensed, at the occupant’s expense, in accordance with all federal, state and local laws and regulations.

D. The solid waste collection franchisee shall not be required to collect and dispose of hot ashes, animal feces, dead animals, abandoned vehicles, or solid waste from any place where highly infectious or contagious disease has prevailed; nor explosive substances, radioactive materials, drugs, poisons or any material defined by the state of California or federal law as “hazardous waste.”

E. All ashes, when placed for collection, shall be cold and free from any fire, live coals, or other substances which might ignite. (Ord. No. 2021-012, § 1, 11-8-21)

A. No solid or designated waste shall be burned within the city except as permitted by the fire department.

B. No person shall dump, place or bury any solid or designated waste, or any other deleterious or offensive substances; provided, however, that this section shall not apply to any land used by the city for a composting or disposal site or to any privately owned parcel wherein a specific waiver of this section is granted by resolution of the city council due to unusual or extraordinary conditions.

C. No person may dump or spread solid or designated waste on the surface of the ground for drying, except for home composting. (Ord. No. 2021-012, § 1, 11-8-21)