Willits Municipal Code Ch. 8.08 Solid Waste and Recycling

Footnotes:

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* For statutory provisions authorizing cities to contract for the collection and disposal of garbage, see Public Resources Code §49300; for provisions on burning of garbage, see Public Resources Code §49600 et seq. For violation of the provision of this chapter, see Ch. 1.12 of this code.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Approved commercial/industrial container" includes a container of one (1) cubic yard or more in size and a domestic container of thirty-five (35) gallons or more in size supplied by contractor.

"Approved domestic container" means water-tight plastic containers with wheels constructed with a smooth interior, with water-tight fitting covers in sizes of twenty (20), thirty-five (35), sixty-five (65) and ninety-five (95) gallons or other sizes that may be mutually agreed upon by city and contractor and that are provided by contractor.

"Authorized recycling agent" means that person, partnership, joint venture or corporation authorized by contract with the city to collect recyclable materials pursuant to this chapter.

"Authorized solid waste contractor" means any person or the agents or employees thereof with whom the city has duly contracted under the terms set forth in this chapter, to collect, transport through the streets, alleys or public ways of the city and dispose of solid waste produced within the limits of the city.

"Charitable entity" means any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and education organizations and recognized charities.

"Collect" means to take physical possession of materials at any commercial location, institutional location, multi-residential complex or residential unit of another.

"Commercial entity" means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and automobile lots. Such definition excludes nonprofit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs.

"Commercial location" means the premises or site of a commercial entity.

"Compost" means a mixture of garbage, refuse or rubbish that is composed solely of matter which is capable of decaying or decomposing and which is used as a fertilizer or soil amendment for gardening and landscaping.

"Compost pile" means a pile, pit or layer of compost.

"Curbside" means as near, but in no event more than five (5) feet, from the property line that abuts a paved public street, or in the event the property does not abut a paved public street, where the property abuts a public street, alley, right-of-way or easement and in the case of a commercial location the service alley of a commercial or institutional entity.

"Designated collection location" means the place where an authorized recycling agent is to pick up segregated, recyclable materials. The location is identified by contract between the authorized recycling agent and the city and will customarily be the curbside of a residential neighborhood or the service alley of a commercial or institutional entity.

"Discarded recyclable materials" means any recyclable materials, as defined in this chapter, which the owner disposes of without selling or donating the materials.

"Garbage" means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits or vegetables. It also includes crockery, bottles, tin vessel, non-hazardous ashes and all refuse, save and excepting as defined as rubbish.

"Garden clippings" means all plant and vegetable matter cut, trimmed or pruned from any premises within the boundaries of the city, including grass, garden plants, flowers and tree and shrubbery trimmings.

"Hazardous materials" means all materials which are defined as being hazardous to the public health or safety by federal, state or county statutes, legislation, policies or rules and regulations as they may exist from time to time. Hazardous waste may include those things, which are not hazardous in and of themselves but which may become hazardous in combination with other materials, which may be found in the waste stream. Examples include, but are not limited to, batteries, motor oil, fireworks, gunpowder, antifreeze, paint thinner, mineral spirits, paint, asbestos, insecticides, weed killer, household cleaners with lye or ammonia, and medicines.

"Institutional entity" means any location operated by a governmental entity, including city, county, state and/or federal buildings, public schools, colleges and public recreational sites.

"Institutional location" means the premises or site of an institutional entity.

"Landfill" means a solid waste disposal site that meets all applicable federal, state and local requirements where it is located and has in effect all required licenses, permits or other required approvals. Subject to the approval of the city, any such landfill may be required to meet all the design criteria established in 40 C.F.R. Part 258 (Chapter 1, Subchapter 1, Subpart D, effective October 9, 1993) for a newly constructed landfill, including the entire site having been constructed with bottom liners, leachate controls, monitoring systems, etc., as required by said Subpart D.

"Large appliances" means any kitchen stove, oven, dishwasher, refrigerator, freezer, hot water heater, garbage compactor, clothes washer, clothes dryer, and other large appliance items.

"Multi-residential complex" means any residential building, boardinghouse, apartment building, condominium complex, stock cooperative complex, or flats consisting of more than three (3) independent dwelling units. "Multi-residential complex" does not include motel, hotel or automobile lot.

"Nondiscarded recyclable materials" means any recyclable materials, as defined in this chapter, the owner sells or donates.

"Occupied dwelling" means any abode or structure inhabited, used, possessed or controlled by any person provided, however, that the term "occupied dwelling" shall exclude any structure used exclusively for the operation of a business for which a business license is required under this code. Every separate residence, dwelling, living unit, or mobile home within any duplex, apartment complex, condominium or mobile home park shall constitute a separate occupied dwelling as defined herein.

"Person" means any individual, partnership, corporation, receiver, trust entity, firm, business, special district, school district, tribal government, association and any group or coordinator acting as a unit.

"Recyclable materials" or "recyclables" means all newspaper, office paper, graded cardboard, mixed paper, press board, magazines, aluminum cans, tin cans, glass, large kitchen appliances, motor oil, tires, automobile batteries, plastic containers 1-7, garden clippings (yard waste), wood waste, and any other item(s) which city shall from time-to-time designate.

"Recycle" or "recycling" means the process of sorting, composting and/or transporting to market for sale or reuse, all recyclables.

"Recycling processing facility/transfer station" or "RPF" means any facility granted an exclusive contract by the city to receive, recycle, salvage and dispose of garbage, refuse or rubbish delivered by licensed collectors and solid waste haulers or self-haul residents of the county.

"Refuse" means and includes all matter and materials which are rejected by owners or producers thereof as offensive or useless and which by their presence or accumulation may injuriously affect the health, comfort or safety of the community by increasing disease or hazard by fire.

"Rubbish" means all waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, straw, combustible waste pulp, and other paper or wood products, excluding garden clippings.

"Solid waste" means all garbage, refuse or rubbish, excluding garden clippings and excluding hazardous materials.

"Uncovered" means having garbage, rubbish or refuse that is not placed inside a container or otherwise covered in some manner.

(Ord. 02-1 § 2).

The power is granted the city council to create at any time by resolution a solid waste department of the city, and to collect, remove and dispose of all solid waste as a sanitary measure and as a benefit to the public health.

(Ord. 02-1 § 2).

It is unlawful for any person to deposit, keep, accumulate or permit, cause or suffer any solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place, street, lane, valley or drive, unless the same is kept, deposited or allowed to accumulate as provided in this chapter.

(Ord. 02-1 § 2).

A. For the collection and disposal of solid waste, a contract for a period not to exceed twenty-five (25) years may be entered into by the city in accordance with and subject to the terms and conditions of this chapter and such other terms and conditions as the city deems necessary.

B. Such contract shall provide that the contractor shall collect and dispose of the solid waste in the city in the manner provided in this chapter.

C. Such contractor shall have the sole and exclusive right, except as otherwise provided in this chapter, to collect all solid waste in the city, and transport the same through the streets and public ways of the city.

D. The contractor may be required to furnish a cash surety bond to the city in the minimum amount acceptable to the city conditioned upon the faithful performance of the contract and the provisions of this chapter.

E. Such contract shall require that the contractor shall maintain insurance coverage of the types and in the amounts as shall be specified by the city.

F. Before such contract is entered into, sealed bids may be called for at the direction of the city council, on notice by publication in a newspaper of general circulation in the city, not less than one time. The city council shall reserve the right to reject any and all bids, and shall reserve the right to award the contract on such basis as it shall choose.

G. The contractor shall pay a franchise fee to the city which shall be based on a percentage of the gross revenue received on accounts of the entire business to be awarded under the contract.

H. Such contract shall provide that the contractor shall dispose of all solid waste at a landfill or recycling processing facility location designated by the city.

I. The books and business of the contractor shall be subject to audit and checking at any reasonable time by the city, and the payments of the franchise fee to the city by the contractor shall be due and payable in accordance with the terms and conditions of any contracts entered into by the city under this chapter.

(Ord. 02-1 § 2).

A. At such time as there is in force a contract entered into by the city with any contractor for the collection of solid waste in the city, it is unlawful for any person, other than the persons in the employ of the contractor having such contract, to collect or transport any solid waste within the city except as provided in this chapter.

B. Notwithstanding the above, the contractor shall not have the exclusive right to collect and dispose of the following types of materials:

1. Garden trimmings, when removed by gardening service;

2. Rubbish or refuse:

a. Accumulated as the result of a new construction, structure demolition or modification when the building/demolition/modification contractor operates the equipment necessary to remove the demolished rubbish or refuse;

b. Which must be removed only as incident to the infrequent clearing of a premise.

(Ord. 02-1 § 2).

There shall be at least one (1) collection per week, except that the city health officer may require garbage from hotels, restaurants, vegetable, meat, poultry or fish markets and fresh fish or fresh drink stands, and such other establishments to be collected more frequently.

(Ord. 02-1 § 2).

A. At such time as there is in force a contract entered into by the city with any contractor for the collection of solid waste in the city, every owner of an occupied dwelling within the city shall pay the contractor a rate for minimum solid waste service as shall be set and defined from time to time by resolution of the city council. Said rate shall be an obligation of the owner without regard to utilization of solid waste service.

B. Nothing in this section is intended to prevent any arrangement, or the continuance of an existing arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent, on behalf of the owner. However, any such arrangement will not affect the owner's obligation as provided herein.

(Ord. 02-1 § 2).

Any person or business from whom solid waste is collected under the provisions of this chapter shall pay to the authorized solid waste contractor or other person designated by the city to receive the same, such fees as shall be provided in the terms of the contract.

(Ord. 02-1 § 2).

All billing for solid waste collection shall be made by the contractor or the contractor's agent pursuant to the terms of the collection contract. Nothing in this section shall prevent the contractor from contracting with the city or any other person approved by the city manager, to perform contractor's billing for solid waste collection services.

(Ord. 02-1 § 2).

It is unlawful for any person to keep, accumulate or permit to be accumulated any garbage, refuse or rubbish upon any lot or parcel of land, or on any public or private lane, place, street, alley or drive within the city, unless the same is in a container which shall be kept closed at all times, except when necessarily opened to permit solid waste to be taken therefrom or deposited therein or in the case of garden clippings as set forth in this section.

Every person desiring to dispose of solid waste shall prepare and place said solid waste for collection by placing all containers, except commercial or other suitable containers (i.e., white elephants) provided by the contractor, at the curbside, not earlier than six p.m. the night before and not later than six a.m. on the day scheduled for pickup. Such containers shall be removed prior to six p.m. of the day of collection. All commercial bins or other suitable containers shall be placed at locations approved by the contractor.

(Ord. 02-1 § 2).

It is unlawful for any person other than the authorized solid waste collector or contractor agent designated by the city, either as an agent, employee or contractor for such purpose, to collect or convey through the streets, alleys or other public thoroughfares of the city any solid waste or other matter offensive to the sight or smell, or collect or dispose of the same except as provided in § 8.08.150 of this chapter; and provided further, that any manufacturer or processor of fruits, vegetables or other foods may be exempted from the provisions of this chapter upon filing an application therefore to the city council and obtaining the consent of the city council and thereafter complying with the terms and conditions of such consent.

(Ord. 02-1 § 2).

It is unlawful for any person in any manner to interfere with the collection and disposal of solid waste by any person authorized by the city council by license or contract to collect and dispose of same.

(Ord. 02-1 § 2).

It is unlawful for any person to burn or cause to be burned in the city any solid waste except in accordance with federal, state and local laws and regulations.

(Ord. 02-1 § 2).

A. It is unlawful for any person to bury garbage or refuse at any place within the city.

B. Nothing in this section shall prohibit any person from maintaining two (2) compost piles at their place of business or residency within the city; provided the compost is used as a soil amendment or fertilizer for planting lawns, flowers, gardens, shrubs and trees.

C. The city council shall have the authority to adopt by resolution such regulations as it sees fit governing the creation, operation, maintenance and discontinuance of composting piles with the city.

D. All persons operating or maintaining a compost pile within the city shall comply with all regulations adopted by the city council under subsection C of this section, and shall maintain such compost piles in a safe and secure manner. All such compost piles shall be placed, located and constructed so as not to be a public nuisance or in any degree offensive to neighbors or the public at large.

(Ord. 02-1 § 2).

Nothing contained in this chapter shall be construed to prevent or prohibit any resident of the city or any business located in the city from taking, hauling, transporting or disposing of any solid waste created by the resident or his/her household, or by a business in the conduct of its own business on premises occupied by it with the city, provided the same is kept, hauled and disposed of under the rules and regulations prescribed in this chapter and all applicable laws, and provided further that nothing in this section shall be construed as exempting any owner of an occupied dwelling from paying the mandatory minimum service charge established in § 8.08.070 of this chapter.

(Ord. 02-1 § 2).

No solid waste shall be removed and carried on or along the streets and alleys of the city except that the same is carried, conveyed or hauled in vehicles or conveyances or constructed and so arranged as not to permit dust or other matter to sift through or fall upon the streets, alleys or ground. The contents of such vehicles or conveyances must also be appropriately covered so as to prevent the same from being blown or to otherwise fall upon the streets, alleys or ground. In addition, no person shall transport any hazardous material within the city except in accordance with the terms and conditions provided by federal, state and local laws.

(Ord. 02-1 § 2).

Every truck used in the collection of solid waste shall be kept well painted and clean inside and out.

(Ord. 02-1 § 2).

Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of materials considered by the city health officer, the fire chief or city police department to constitute a health or public safety hazard. The health officer or any authorized personnel of the city police department or fire department shall have the authority to issue orders requiring the immediate removal of such material when, in the discretion of any one of the foregoing, said removal is necessary to protect public health or safety.

(Ord. 02-1 § 2).

It is unlawful for any person in the city to throw or deposit any solid waste or to cause the same to be thrown or deposited upon any street, public or private land, alley, gutter, drain facilities, park, creek or any public place, or throw or deposit the same in or upon any vacant lot or backyard or to store or keep the same, except as expressly authorized by this chapter.

(Ord. 02-1 § 2).

The provisions of this chapter shall be subject to changes made in any government contract entered into by the federal government concerning solid waste disposal in and from public housing units within the city limits.

(Ord. 02-1 § 2).

A. The accumulation and disposal of recyclable materials within the city shall be in conformance with the provisions of this chapter. A recyclable materials collection service program is established and shall be available to all persons, residences, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable materials within the city under this program. Creation and operation of a collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the California Public Resources Code and/or charitable entity recycling programs.

B. Recyclable materials for donation sale or collection by or to any person or entity other than the authorized recycling agent, may not be stored or transferred by use of the recycling receptacles described in this chapter, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location other than for pickup by the authorized recycling agent as defined in this chapter is prohibited.

(Ord. 02-1 § 2).

A. An award of any contract to collect discarded recyclable materials and garden clippings at the curbside shall confer upon the entity or entities to whom the contract is awarded the exclusive right as the city's official authorized recycling agent hereunder, during the terms of the contract, to collect, transport, sell and dispose of all discarded recyclable materials and garden clippings placed at the curbside and collected within the city as provided herein, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded thereunder.

B. The city's official authorized recycling agent or agents must offer curbside recyclable materials collection service to all persons, residences, businesses and institutions within the city limits which request such services pursuant to the terms and conditions of any exclusive contract for such service.

C. The city council may establish by contract standard specifications for the methods of collection of recyclable materials, frequency of pickup, the civil and/or criminal remedies available for enforcing this chapter, and such other terms and conditions, as it deems necessary.

D. Such contract shall require that the contractor shall maintain insurance coverage of the types and in the amounts as shall be specified by the city.

(Ord. 02-1 § 2).

The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety, convenience and general welfare.

(Ord. 02-1 § 2).

A. All persons who subscribe or voluntarily participate in the recyclable material collection program established by this chapter shall prepare and separate those recyclable materials and garden clippings that the city has contracted for curbside pickup by the authorized recycling agent from other solid waste as required by this chapter or any collection contract entered into by the city, and thereafter have the segregated recyclable materials and garden clippings placed within receptacles as required by this chapter or any collection contract entered into by the city, and thereafter have the segregated recyclable materials and garden clippings placed within receptacles as required by this chapter, or within the designated collection location, which shall be collected by the authorized recycling agent.

B. Receptacles containing recyclable materials and garden clippings for residential units shall be placed at curbside for collection by the authorized recycling agent; but shall not be placed at curbside earlier than six p.m. the night before and not later than six a.m. on the day scheduled for collection, nor left remaining at curbside later than six p.m. following the date and time for scheduled collection.

C. Receptacles containing recyclable materials for multi-residential complex, commercial and/or institutional locations shall be of a size and serviceability as designated in the contract entered into by the city under this chapter.

(Ord. 02-1 § 2).

A. Nothing contained in this chapter shall preclude any persons, business or other entity from disposing of recyclable materials without utilizing the city's official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by his or her relatives, employee or employees to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by appropriate governmental authority or other appropriate authority.

B. Nothing herein contained shall prevent any persons, business or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.

C. The use of receptacles or other containers provided by the authorized recycling agent for the pickup of such recyclable materials at the curbside or from any designated collection location is prohibited by anyone other than the authorized recycling agent.

D. Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by law.

(Ord. 02-1 § 2).

A. It is unlawful for any person, business or other entity, not otherwise excepted by the provisions of this chapter, or by state or federal law, to collect curbside recyclable materials and garden clippings in the city.

B. From the time of placement of recyclable materials and garden clippings at curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be considered discarded recyclable materials and shall be and become the property of the authorized recycling agent.

C. It shall be a violation of this chapter for any person unauthorized by the city council to collect or pick up or cause to be collected or picked up any recyclable material, except to the extent such matter has been discarded as litter on the public streets within the city. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

D. As an alternative to criminal enforcement, both the city and the authorized recycling agent have the independent authority to civilly enforce any provisions of this chapter.

E. Enforcement of this chapter shall be made then only after the violator has been given one written warning that he or she has violated this chapter and the penalties for further violations.

(Ord. 02-1 § 2).