Chapter 8.44



REFUSE COLLECTION AND DISPOSAL*

8.44.010 Definitions.
8.44.020 City to provide collection and disposal.
8.44.030 Minimum collection schedules.
8.44.040 Combined collection.
8.44.050 Collection-Manner of placing refuse.
8.44.060 Collection-Authority.
8.44.070 Collection-Defense for failure to comply.
8.44.080 Collection-Burying refuse.
8.44.090 Collection-Ashes.
8.44.100 Collection-Operation of public incinerator and dumping grounds.
8.44.110 Collection-Limitation on quantity.
8.44.120 Receptacles-General requirements.
8.44.130 Receptacles-Dimensions.
8.44.140 Receptacles-Name of business printed legibly.
8.44.150 Receptacles-Commercial and industrial.
8.44.160 Receptacles-Separate units required.
8.44.170 Receptacles-Cleaning.
8.44.180 Receptacles-Tampering with prohibited.
8.44.190 Maintenance of receptacle area.
8.44.200 Fees-Liability-Billing.
8.44.210 Collection charges-Established by council.
8.44.220 Collection charges-Payment.
8.44.230 Collection charges-Advance payment-Refund.
8.44.240 Fee-Debt against occupant.




* For charter provisions as to authority of city to acquire and maintain works for the disposition of garbage and waste, see Charter, Art. III, º 2, subsection 11. For authority of city to provide for the removal of dirt, rubbish, weeds, etc., see Charter, Art. XXIII, º 6.

8.44.010 Definitions.


The following words and phrases, when used in this chapter or Chapter 8.56, shall, for the purpose of this chapter or Chapter 8.56, have the meanings respectively ascribed to them in this section:

"AB 939 fee" means the fee collected by the city from solid waste services providers used to recover the costs of preparing, adopting and implementing the city's integrated waste management plans developed pursuant to the State of California's Integrated Waste Management Act of 1989 (AB 939).

"Ashes" means the residue from fires used for cooking, or heating buildings and from on-site incineration.

"Automated refuse collection" means the collection of refuse by means of an automated collection truck servicing a special refuse container obtained exclusively through the city and set out in a prescribed manner.

"Automated refuse container" means a specially designed refuse container in either one-hundred or sixty-four-gallon size obtained exclusively through the city by those participating in the automated refuse collection program. There are no substitutes.

"Food plant waste" means either animal or vegetable matter or any combination thereof resulting from the manufacture, production or other creation of a food, beverage or mixture thereof for any commercial use elsewhere than at the place where manufactured, produced or otherwise created.

"Garbage" means all putrescible animal or vegetable wastes resulting from the handling, preparation, cooking or consumption of food in any private dwelling house, multiple dwelling, hotel, restaurant or institution.

"Green waste" means plant materials (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.) commonly thrown away in the course of maintaining yards and gardens - it excludes dirt, sod and rocks, tree limbs over four inches in diameter, food waste, plastics and synthetic fibers of any kind.

"Green waste collection program" means a separate voluntary collection program available to those included in the automated refuse collection program that includes the collection and removal of defined green waste placed in a required manner, condition and place.

"Gross receipts" means total compensation received by solid waste services permittees for the provision of solid waste services including, but not limited to, receipts for service, container rentals, disposal fees, processing charges and any pass-through fees collected pursuant to AB 939. Gross receipts do not include any payments received from the public works division for solid waste services or net proceeds from the sale of recyclable materials to materials brokers, dealers, end users, or a combination thereof.

"Place of business" means any hotel, restaurant, market, hospital or any commercial or industrial development.

"Recyclable material" means paper, yard waste, cardboard, plastic, used motor oil, ferrous metal, aluminum and glass.

"Recycling container" means any container authorized or provided by the city or the city's authorized agent for the collection of recyclable material.

"Refuse" means ashes, food plant wastes, garbage, or rubbish.

Rubbish, Combustible. "Combustible rubbish" means papers, leaves, Christmas trees, chips, grass, pasteboard, carpets, clothing, magazines, books, straw, packing material, barrels, boxes, crates, cartons, rags, furniture, and all other similar articles or materials which will burn by contact with flames of ordinary temperature.

Rubbish, Noncombustible. "Noncombustible rubbish" means ashes, broken glass and crockery, bottles, tin cans and containers, metals, all other similar articles or materials and not to exceed three cubic feet of noncombustible building materials, earth, rock or concrete.

"Solid waste" means nonhazardous, noninfectious waste materials including garbage, green waste, recyclable material, ashes, food plant waste, refuse, rubbish (both combustible and noncombustible), and wrapped garbage.

"Solid waste services" means the removal and conveyance for hire of solid waste, including conducting, managing or carrying on the business of collection and disposing of solid waste.

"Wrapped garbage" means garbage that has been drained of all surplus liquid and securely wrapped in as many thicknesses of paper or other material as necessary to confine the garbage in a package that may be handled without loss of contents. (Ord. 5071 º 1, 1994: Ord. 5019 º 1, 1993: prior code º 24-16)

8.44.020 City to provide collection and disposal.


The city shall provide for collection and disposal of refuse when the refuse has been placed for collection in compliance with the regulations set forth in this chapter. (Prior code º 24-17)

8.44.030 Minimum collection schedules.


The city will provide for collection of refuse containing wrapped garbage from places of business at least twice each calendar week and from places or premises other than places of business at least once each calendar week. If the refuse does not contain garbage, collection may be made from places of business once a week. (Prior code º 24-18) 8.44.040 Combined collection.


Except as otherwise provided in this chapter for participants in the automated refuse collection program, wrapped garbage may be placed in the same container as combustible and noncombustible rubbish and such containers shall meet the minimum requirements of this chapter. Garbage placed for collection by the city shall be wrapped. There shall be no separate collection of garbage by the city. (Prior code º 24-19)

8.44.050 Collection-Manner of placing refuse.


A. Except as otherwise provided in this chapter for participants in the automated refuse collection program, the city shall collect and remove from all places or premises refuse which is contained in receptacles of the type or kind prescribed by the director of public works and placed as determined by the director of public works along the street curb in front thereof or along the alley in the rear thereof, depending upon whether the prescribed route is along the street or alley, except as may be otherwise permitted under the provisions of Section 8.44.060B. The city shall also collect and remove from all places or premises refuse which has been placed for collection and which by reason of its character cannot practically be placed in such receptacles.

B. Those places or premises that are included in the automated refuse collection program shall place refuse only in the specially designated container(s) to be obtained through the city for use in the automated refuse collection program. Refuse contained in any other type of container, bag or sack will not be collected and/or removed from the place or premises. Those places or premises included in the automated refuse collection program that choose to participate in the green waste collection program shall place the acceptable green waste in the container or in a condition of the type and kind prescribed by the director of public works along the street curb in front thereof or along the alley in the rear thereof, depending upon whether the prescribed route is along the street or alley, except as may be otherwise permitted under the provisions of Section 8.44.060B.

C. No person shall place or cause to be placed any refuse receptacle or refuse in any public highway or alley at any place or in any manner other than on the days established by the director of public works for collection of refuse on the particular route. No refuse shall be placed for collection before ten a.m. on the day immediately prior to the scheduled collection day. In the interest of public safety, no person shall permit refuse receptacles to remain on or immediately adjacent to the street or alley after eight p.m. of the collection day. (Prior code º 24-20)

8.44.060 Collection-Authority.


The director of public works or the director's duly authorized representative shall supervise the collection and removal of all refuse by the city.

A. Routes and Days of Collection. The director of public works shall establish routes and days for collection and may change the same from time to time. When such routes and days are established or changed, the director of public works shall give such notice thereof as the director of public works may deem advisable.

B. Cases of Practical Difficulty. In all cases where the director of public works shall find that practical difficulty exists in complying with the requirements of this chapter as to the placing of refuse for collection by the city, the director of public works shall designate where such refuse shall be placed or kept for collection by the city and the conditions under which it shall be collected.

C. Rules. The director of public works shall make such rules not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of refuse by the city. (Prior code º 24-21)

8.44.070 Collection-Defense for failure to comply.


Compliance with the requirements of this chapter necessary to procure the collection and removal of refuse shall be a defense to any prosecution for failure to remove or dispose thereof. (Prior code º 24-22)

8.44.080 Collection-Burying refuse.


No person shall deposit or bury any refuse in the city unless it is compacted and properly covered and written permission to do so has first been obtained from the State Water Pollution Control Board and the council of the city. (Prior code º 24-23)

8.44.090 Collection-Ashes.


Ashes shall be placed for collection in separate metal containers and must be thoroughly wet at time of collection. (Prior code º 24-24)

8.44.100 Collection-Operation of public incinerator and dumping grounds.


The director of public works, with the approval of the council, may establish regulations governing the operations of any public incinerator or public dumping grounds operated by the city and fix the fees for disposing of refuse at such incinerators or for dumping on such grounds. (Prior code º 24-25)

8.44.110 Collection-Limitation on quantity.


A. Except for participants in the automated refuse collection program, no person in charge of any place of business which is paying only the minimum charge for collection of refuse shall set out or cause to be set out for collection during any one week more than ten cubic feet of refuse. If collection of additional quantities of refuse is desired application shall first be made for additional service.

B. No person in charge of any place of business included in the automated refuse collection program which is paying only the minimum charge for collection of refuse shall set out for collection during any one week more than one one-hundred-gallon automated container of refuse. Placement of container must receive prior approval of the director of public works. The person in charge of the place of business is responsible for the care and cleanliness of the container. The container remains the property of the city. (Prior code º 24-26)

8.44.120 Receptacles-General requirements.


A. Except as provided in subsection B of this section, every person having charge or control of any place or premises in the city where refuse accumulates shall place and keep the same in a receptacle of the type or kind prescribed by the director of public works; provided, that where such refuse is of such character that it is impractical to place it in such receptacles, it need not be placed therein. All receptacles shall be free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.

B. Those places or premises that are included in the automated refuse collection program shall place and keep all refuse accumulating on such premises only in the automated refuse collection container obtained exclusively through the city for use in the automated refuse collection program. Automated refuse containers assigned by or obtained from the city shall remain at all times the property of the city. At no time and under no circumstances shall the automated refuse container(s) be moved or removed from the place or premises to which it was assigned. The automated refuse containers will be repaired and maintained by the city at no additional cost provided the damage is not due to customer abuse or negligence. Automated refuse containers that are stolen will be replaced at no cost provided a city police report is filed and a copy of the report is submitted to the director of public works. Also those places or premises included in the automated refuse collection program who choose to participate in the separate green waste collection program shall place and keep green waste in a receptacle or in a condition of the type or kind prescribed by the director of public works. (Prior code º 24-27)

8.44.130 Receptacles-Dimensions.


A. Except as otherwise provided in this chapter for participants in the automated refuse collection program, the receptacles in which refuse shall be placed and kept for collection by the city or by private collectors, shall be sturdy, of durable metal or plastic, tapered, and with tight-fitting lids or disposable paper or plastic bags manufactured for the purpose of keeping rubbish as defined in Section 8.44.010. No receptacle shall have a capacity in excess of forty gallons nor weigh more than twenty pounds empty or seventy pounds with its contents. Each receptacle shall be of the type which does not permit the contents thereof to sift or pass through any openings therein. Each receptacle shall have a tight-fitting lid which secures to the receptacle in such a manner as to prevent as best as practicable the entry therein by coyotes, dogs, cats, rodents or other animals. Size or weight limitations do not apply to metal bins that are to be handled by mechanical means.

B. Those places or premises included in the automated refuse collection program shall only use the approved automated refuse containers for this program to be obtained exclusively through the city. Those containers are available in two sizes: one- hundred-gallon and sixty-four-gallon. No other containers will be accepted. These places or premises included in the automated refuse collection program who choose to participate in the green waste collection program shall place and keep acceptable green waste, as defined in Section 8.44.010, for collection by the city or by private collectors in receptacles that are sturdy, manufactured of durable metal or plastic, with tight-fitting lids, and shall not exceed forty gallons or weigh more than twenty pounds empty or seventy pounds with its contents, fitted with two sturdy handles one on each side. Container is to be round and watertight and tapered with the top diameter larger than the bottom so that all its contents flow out easily. Polyethylene plastic bags are not acceptable for the green waste collection program. Acceptable green waste that is not placed and kept in the prescribed receptacle must be bundled appropriately.

C. Bundles of small shrubs or small trees shall be securely tied with strong fiber cord; no wire, metal banding or electrical cord will be accepted. The materials must be secured so that none of the materials blow about, and so that the bundle is not easily broken apart at time of collection and is of such size that the longest dimension does not exceed three feet, and the total weight does not exceed seventy pounds, and is in good condition for handling at the time of collection. Maximum bundles per collection is seven bundles or containers. (Prior code º 24-28)

8.44.140 Receptacles-Name of business printed legibly.


Except as otherwise provided in this chapter for participants in the automated refuse collection program, each receptacle used by a place of business shall have the name of the business painted clearly and legibly upon the receptacle's outer surface in letters at least two inches in height. (Prior code º 24-29)

8.44.150 Receptacles-Commercial and industrial.


Every waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals, not less than two inches in height, such waste collector's name or firm name and telephone number. (Prior code º 24-29.1)

8.44.160 Receptacles-Separate units required.


A. Except as otherwise provided in this chapter for participants in the automated refuse collection program, each place of business and each multiple dwelling or apartment house accumulating or producing refuse shall provide its own receptacle or receptacles or shall use the receptacles furnished by the city as provided in this chapter for keeping, depositing or accumulating refuse originating on the premises.

B. No receptacle common to two or more such places shall be set out for collection by the city unless and until a permit therefor has been issued by the division of public works of the city.

C. No person shall cause to be deposited or shall deposit any refuse in any receptacle of a place of business or multiple dwelling or apartment house with which such person is not directly connected. (Prior code º 24-30) 8.44.170 Receptacles-Cleaning.


After each emptying, and before any garbage receptacles are again used, the same shall be thoroughly cleaned and all grease and adherent materials removed. (Prior code º 24-31)

8.44.180 Receptacles-Tampering with prohibited.


No person shall tamper or meddle with any refuse receptacle. No person other than the owner thereof, the owner's agents or employees, or the city, or a licensed refuse collector shall remove the contents from any refuse receptacle. No person, other than the city or the city's authorized agent, shall remove recyclable materials which have been segregated from other wastes and placed at a designated collection location for the purpose of collection and recycling by the city or the city's authorized agent. (Prior code º 24-32)

8.44.190 Maintenance of receptacle area.


Every owner, tenant, occupant or person owning or having the care of any premises shall keep his or her premises in a clean and sanitary condition, and no person shall permit any sewage effluent, excrement, slop or stagnant water, butcher offal, market refuse, garbage, dead animals, rubbish, cans, wastepaper, filth of any kind or any other substance that may become offensive, to be deposited or remain in or upon any premises owned or occupied by him or her or under his or her control, except as otherwise provided by law. (Prior code º 24-1)

8.44.200 Fees-Liability-Billing.


The council finds that the periodic collection of refuse from all places in the city benefits all occupants of places and premises in the city and, therefore, all such occupants are made liable for the refuse collection fees prescribed by this chapter. In the case of premises containing more than one dwelling unit or place of business or both which are served by a single electric meter, such fees may be billed to the landlord who shall collect such fees levied against the occupants of the dwelling units or places of business located on such premises, and shall transmit the amount so collected to the city. In the event the landlord fails to collect such fees from any such occupant and remit the same to the city the landlord shall be liable to the city for payment of such fees. (Prior code º 24-2)

8.44.210 Collection charges-Established by council.


All charges for refuse collection shall be established or modified by resolution of the city council. The schedule of fees shall remain on file and be available in the office of the director of public works. The director of public works shall, with the approval of the city manager, recommend changes in the above fees when the cost of refuse collection makes it appropriate. (Prior code º 24-3)

8.44.220 Collection charges-Payment.


A. Payment by landlord or occupants of places of business for weekly collection in excess of ten cubic feet per week shall be made monthly in advance to the city on the first day of the month.

B. Special service charges for other than regular collections shall be payable to the city's duly authorized representative upon presentation of a bill for such services. (Prior code º 24-5)

8.44.230 Collection charges-Advance payment-Refund.


Minimum fees paid in advance may be refunded upon the approval of the director of public works or the director's authorized representative for any calendar month or major fraction thereof during which the applicant for refund was not an occupant or in legal possession of the premises for which the fee was paid. Fees paid in advance for extra services to places of business may be refunded for any full calendar month after the city has received written notice to discontinue the extra service for which fees have been paid in advance; provided, that the minimum fee prescribed by this chapter shall be withheld by the city unless the applicant for refund is also entitled to a refund of the minimum fee as provided in this chapter. Application for refund shall be filed with the director of public works within six months after expiration of the calendar month for which the refund is sought and shall be made upon forms prescribed by the director of public works. (Prior code º 24-6)

8.44.240 Fee-Debt against occupant.


A fee imposed by this chapter shall be a civil debt owing to the city from the occupant of the property receiving the service. (Prior code º 24-7)