For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BIN.  A receptacle approved by the city and provided by the franchisee consisting of a container from one to six cubic yards in capacity which can only be emptied mechanically and which is left on the premises served.
   BIN SERVICE.  Service to any premises through the use of one or more bins or drop-off boxes.
   BULKY WASTE.  Large items of the type produced as refuse from the residential use of a dwelling unit including but not limited to large and small household appliances, e-waste, water heaters, furnaces, furniture, tires, carpets, and mattresses.  Bulky waste shall not include objects not easily moved by two men including but not limited to discarded automobile bodies or engines.
   CART.  A receptacle approved by the city and provided by the franchisee consisting of a plastic container with a capacity of 35, 64 or 96 gallons and having a hinged lid and wheels, which is serviced by an automated or semi-automated side-loading truck.
   CART SERVICE.  Service to any premises through the use only of a cart(s).
   COMMERCIAL. Comprised of a business including any retail outlet, financial establishment, commercial warehouse, manufacturing facility, professional office, hotel or motel and automobile courts, hospital or other health care facility, any nonprofit organization (such as any church or club), and any multi-family dwellings comprised of five units or more.
   CONSTRUCTION AND DEMOLITION DEBRIS.  Used or discarded construction materials removed from premises during the construction, renovation, and/or demolition of any structure on the premises, including but not limited to buildings, landscaping hardscape and paved surfaces.  Construction and demolition debris is also subject to regulation pursuant to Chapter 53 of this code; in the event of a conflict between the provisions of Chapter 53 and this chapter, the provisions of Chapter 53 shall prevail.
   CUSTOMER.  The occupant of premises from which refuse, recyclable materials, or refuse and recyclable materials are generated.  If the occupant of any premises is not the owner of the premises, the owner of the premises shall be deemed to be a co-customer with such occupant.
   DIRECTOR. The city’s Public Works Director and his/her delegates.
   DISCARDED REFUSE or RECYCLABLE MATERIAL. Refuse or recyclable material which the owner has disposed of by the payment of a fee to another for the service of collection, removal, or disposal of such material, whether or not such fee is imposed separately or is part of the fee paid for other services also provided by the person paid to collect, remove or dispose of such material, and shall include, without limitation, refuse and recyclable materials placed by a customer for pick-up by the franchisee.
   DROP-OFF BOX.  A receptacle approved by the city and provided by the franchisee consisting of a container of 12 to 40 cubic yards in capacity, commonly referred to as a roll off, or a compactor of the same size, that is placed at a customer’s premises for refuse storage, is picked up by a truck and transported to a disposal or recycling site for emptying, and is then returned to the customer's premises.
   E-WASTE.  Electronic waste including, without limitation, televisions, computers, monitors, printers, VCRs, microwave ovens, phones and radios.
   FRANCHISE. An agreement for the collection, removal, and disposal of refuse, recyclable materials, or refuse and recyclable materials generated on premises within the city, under such terms and conditions as are contained in this code and as may be proscribed by the City Council.
   FRANCHISEE. A person who has a valid franchise or an agent or employee of that person while acting in the course and scope of their official duties pursuant to that franchise.
   GARBAGE.  Any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; every accumulation of organic waste matter, whether animal, vegetable and/or other organic matter, that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, infectious wastes, all putrefactive or easily decomposable waste animal or vegetable matter which is likely to attract flies or  rodents); and other similar matter or material, but excluding garbage which is set aside especially for recycling, rubbish, and hazardous waste.
   HAZARDOUS WASTE.  A waste, or combination of wastes, which is defined as “hazardous”, “extremely hazardous” or “acutely hazardous” under any federal or California state law or regulation, and any waste or combination of wastes which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following:
      (1)   Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
      (2)   Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
   NON-COMBUSTIBLE REFUSE AND RECYCLABLE MATERIALS. Refuse and recyclable materials consisting of ashes, glass and crockery bottles, aluminum cans and containers, metals, and all other similar articles or materials which have minimal potential for either combusting or decaying.
   OCCUPANT.  The person legally entitled to possession of all, or a portion of, premises within the city.
   OWNER.  The person(s) that holds fee title to premises within the city.
   PREMISES.  Any lot or parcel, or any portion thereof, in the city, and any building or structure located thereon.  Unless otherwise permitted by written agreement of the Director, each lot, parcel, or portion thereof which has an address separate from any other lot, parcel or portion thereof shall be deemed to be a separate premises.
   RECYCLABLE MATERIALS.  Materials which a customer who is the owner thereof intends to discard but which have some potential economic value and which the city therefore permits to be set aside, handled, packaged, disposed of by the customer, offered to the franchisee for collection, or collected by the franchisee in a manner different from other materials being discarded by a customer.
   RECYCLING.  The process of collecting and turning recyclable materials into new products by reprocessing and remanufacturing them.
   REFUSE.  All types of solid wastes, including garbage, rubbish, construction and demolition debris, yard waste, recyclable materials which a customer has determined not to recycle but to treat as rubbish, and any other solid waste matter, but excluding hazardous wastes.
   RESIDENTIAL. References single-family dwellings, and multi-family dwelling less than five units.
   RUBBISH.  All solid waste material consisting of waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, rubber, used and discarded clothing, used and discarded shoes and boots, carpets, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, floor sweepings, glass, crockery, bottles, shelves, tin and aluminum cans, mineral or metallic substances, earth, rock, demolished or discarded building materials, ashes, cinders, water heaters, furnaces, furniture, washers, dryers, refrigerators, television, radios, waste material resulting from any manufacturing, building or construction operation, and other waste material or household or business waste which is not included in the definition of garbage or hazardous waste.
   SERVICE RATE.  The charge made by the franchisee to customers of premises to which such franchisee provides service for the collection, processing  and disposal of refuse and recyclable materials.
   UNLAWFUL RECEPTACLE.  Any receptacle used for storage or transport of discarded refuse or recyclable material which receptacle has not been provided by the franchisee, provided, however, that any receptacle owned and operated by a State of California designated regional recycling facility shall not be deemed an unlawful receptacle.
   YARD WASTE. All tree trimmings, grass cuttings, dead plants, weeds, leaves, branches and dead trees (not more than six inches diameter) and similar materials produced at residential premises within the city.  YARD WASTE is a type of rubbish, but may be set aside, handled, packaged, or offered to the franchisee for collection in a manner different from other types of rubbish.
(Ord. 1297, passed 2-7-07; Am. Ord. 1406, passed 5-2-18)