The following words and phrases, when used in this chapter and Chapters 8.56 and 8.58 shall, for the purpose of this chapter and Chapters 8.56 and 8.58, have the meanings respectively ascribed to them in this section unless otherwise noted:

"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 collection programs" mean the city automated refuse collection program, automated recycling collection program and/or automated yard trimmings collection program.

"Automated container" means a specially designed container in either one hundred (100) or sixty-four (64) gallon size obtained exclusively through the city by those participating in the automated collection programs.

"Automated recyclable materials collection" and "automated recyclable materials program" mean the voluntary collection of recyclable materials by means of an automated collection truck servicing special containers obtained exclusively through the city and set out for collection in a prescribed manner.

"Automated refuse collection" and "automated refuse collection program" mean 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 yard trimmings collection" and "automated yard trimmings program" mean the voluntary collection of yard trimmings by means of an automated collection truck servicing special containers obtained exclusively through the city and set out for collection in a prescribed manner.

"Dispose" means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state.

"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 (4) inches in diameter, food waste, plastics and synthetic fibers of any kind.

"Gross receipts" mean 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.

"Hazardous waste" means hazardous waste as defined by Section 40141 of the Public Resources Code and as that section may be subsequently amended.

"Inert debris" mean nonputrescible solid material which includes, without limitation, soil, rock, gravel, concrete, asphalt, brick, ceramics, and similar material that does not contain hazardous waste, radioactive waste, medical waste, soluble pollutants, or decomposable matter.

"Medical waste" means waste regulated pursuant to the Medical Waste Management Act, Health and Safety Code, Sections 117600 et seq., and as those sections may be subsequently amended, and not deemed to be solid waste pursuant to Section 40191(b)(3) of the Public Resources Code.

"Person" means an individual, association, firm, company, partnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.

"Place of business" means the situs of any commercial, industrial, or private nonprofit enterprise, whether operating as a sole proprietorship, partnership, limited liability company, corporation, or otherwise, including without limitation, any retail or wholesale outlet, hotel or motel, restaurant, market, hospital or other health care facility, or private school, church or club. Each tenant of a commercial building is a separate place of business.

"Radioactive waste" means waste regulated pursuant to the Radiation Control Law, Health and Safety Code Sections 114960 et seq.

"Recyclable material" means clean paper, cardboard, telephone books, plastic and glass containers, and ferrous and nonferrous metals, as designated by the director of public works as being acceptable for recycling.

"Recycle or recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed, and returning 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. Recycling does not include the transfer of rock, soil or gravel from one location to another location within the covered project site.

"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. Notwithstanding the foregoing, "refuse" does not include any construction and demolition debris generated from covered projects as defined in Chapter 8.58 of this title.

"Rubbish, combustible" 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" means ashes, broken glass and crockery, bottles, tin cans and containers, metals, all other similar articles or materials and not to exceed three (3) cubic feet of noncombustible building materials, earth, rock or concrete.

"Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, including wrapped or unwrapped 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. Notwithstanding the foregoing, "solid waste" does not include any of the following:

1. Hazardous waste;
2. Materials or substances that are salvaged for reuse or recycling that are not disposed;
3. Radioactive waste; or
4. Medical waste.

"Solid waste services" mean 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.

"Yard trimmings" mean plant materials (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.) commonly thrown away in the course of maintaining yards and gardens, but excluding dirt, sod and rocks, tree limbs over six (6) inches in diameter, food waste, plastics and synthetic fibers of any kind.

"Yard trimmings container" means any container authorized or provided by the city or the city's authorized agent for the collection of yard trimmings. (Ord. 5478 § 1, 2005: Ord. 5359 § 2, 2003: Ord. 5071 § 1, 1994: Ord. 5019 § 1, 1993: prior code § 24-16)

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 § 24-17)

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 § 24-18)

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 § 24-19)

A. Refuse Collection. 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.

B. Bulky or Special Item Pickup. Upon a residential occupant’s advance notice to the city, the city shall also collect and remove from any residential premises refuse which has been placed for collection and which by reason of its character cannot practically be placed in such receptacles.

C. Automated Collection.

1. Occupants of 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.

2. Occupants of those places or premises that choose to participate in the yard trimmings and recyclable materials collection program shall place for collection the acceptable yard trimmings and recyclable materials only in the specially designated containers to be obtained through the city for use in the automated refuse collection program. In the event that any materials other than yard trimmings are placed in the automated yard trimmings container, or any materials other than recyclable materials are placed in the automated recyclable container three (3) times within a nine (9) month period, the director of public works may revoke permission to participate in the automated yard trimmings and/or recyclable materials collection programs and may remove any such automated containers.

3. On the day designated by the director of public works for collection, occupants of those places or premises participating in the automated refuse collection programs shall place the automated containers along the street curb in front of the premises, 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. Automated containers shall be placed at the edge of the curb on either side of the driveway in front of the premises at a minimum of three (3) feet from any parked car and at a minimum of one (1) foot between each automated container. If necessary, automated containers may be placed in the street against the curb. Such containers shall be placed so that the embossed arrow on the lid faces the street. No person shall place or cause to be placed such containers within the limits of any alley, unless directed to do so by the director of public works.

D. No person shall place or cause to be placed any refuse receptacle or automated container, or refuse, yard trimmings, or recyclable material 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, yard trimmings, or recyclable material on the particular route. No refuse, yard trimmings, or recyclable materials shall be placed for collection before three p.m. (3:00 P.M.) on the day immediately prior to the scheduled collection day. In the interest of public safety, no person shall permit any refuse receptacles or automated containers to remain on or immediately adjacent to a street or alley after eight p.m. (8:00 P.M.) of the collection day. (Ord. 5579 § 1, 2007: Ord. 5359 § 3, 2003: prior code § 24-20)

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 cases where the director of public works finds that a practical difficulty exists in complying with the requirements of this chapter as to the placing of refuse, yard trimmings or recyclable materials for collection by the city, the director of public works may designate an alternative location where such refuse, yard trimmings or recyclable materials shall be placed or kept for collection by the city and the conditions under which the same shall be collected.

C. Rules. The director of public works may 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, yard trimmings and recyclable materials by the city. (Ord. 5359 § 4, 2003: prior code § 24-21)

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 § 24-22)

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 § 24-23)

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

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 § 24-25)

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 § 24-26)

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, as determined by the director of public works, such refuse need not be placed therein. Persons having charge or control of such receptacles shall keep them clean, sanitary and free from all rough or jagged surfaces which would be likely to cause injury to persons lifting them.

B. Occupants of those places or premises that are included in the automated refuse collection program shall place and keep all refuse, recyclable material and yard trimmings accumulating on such premises only in the designated automated refuse collection containers obtained exclusively through the city for use in the automated collection programs. Such automated containers shall remain at all times the property of the city. At no time and under no circumstances shall automated container(s) be moved or removed from the place or premises to which they were assigned. Such automated 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 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.

C. The director of public works shall have the discretion to determine the appropriate number and size of automated containers provided to participants in the automated collection programs. (Ord. 5359 § 5, 2003: prior code § 24-27)

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 (40) gallons nor weigh more than twenty (20) pounds empty or seventy (70) 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. Occupants of those places or premises included in the automated collection program shall use only the approved automated refuse containers for such programs to be obtained exclusively through the city. Those containers are available in two (2) sizes: one-hundred (100) gallon and sixty-four (64) gallon. No other containers will be accepted. The weight of any automated containers with the contents thereof to be serviced by the city shall not exceed two hundred (200) pounds. (Ord. 5359 § 6, 2003: prior code § 24-28)

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 § 24-29)

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 § 24-29.1)

A. Except as otherwise provided in this chapter for participants in the automated refuse collection programs, 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 (2) 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. (Ord. 5359 § 7, 2003: prior code § 24-30)

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 § 24-31)

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 § 24-32)

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 § 24-1)

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 § 24-2)

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 § 24-3)

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 § 24-5)

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 § 24-6)

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 § 24-7)