TITLE 8
HEALTH AND SAFETY
Chapter 8.04   Solid Waste Management
Chapter 8.06   Public Nuisance Abatement
Chapter 8.07   Unlawful Dumping
Chapter 8.08   Abatement of Weeds and Rubbish
Chapter 8.10   Quality of Life and Property Maintenance
Chapter 8.12   Burning Restrictions
Chapter 8.20   Emergency Planning and Control
Chapter 8.24   Regulation of Smoking in Designated Enclosed Public Places and Work Places
Chapter 8.28   Tobacco Regulations
Chapter 8.04 Solid Waste Management
Article 1 Introduction and Definitions
   8.04.010   Legislative policy.
   8.04.020   Definitions.
Article 2 General Regulations
   8.04.030   Solid waste collection and disposal.
   8.04.040   Containers.
   8.04.050   Placement of containers for collection.
   8.04.060   Duration of storage.
   8.04.070   Disposal.
   8.04.080   Special collection and disposal provisions.
   8.04.090   Restrictions on burying or burning waste.
Article 3.  Franchise Agreements
   8.04.100   City Council to issue franchise.
   8.04.110   Collection by franchisee.
   8.04.120   Unlawful collection.
   8.04.130   Charges for service.
   8.04.140   Billings and penalties.
   8.04.150   Failure to pay.
   8.04.155   Charges constituting a lien and procedures to lien.
   8.04.160   Payment under protest.
Article 4. Recyclable Material Permit System
   8.04.170   Authorization.
   8.04.180   Exemptions.
   8.04.190   Permit issuance and term.
   8.04.200   Permit - information required.
   8.04.210   Bond required.
   8.04.220   Indemnification by permittee.
   8.04.230   Insurance.
   8.04.240   Compliance with local, state and federal laws and regulations.
   8.04.250   Permit fee.
   8.04.260   Assignment or transfer of permit.
   8.04.270   Permit renewal.
   8.04.280   Prohibitions.
   8.04.290   Revocation.
Article 5. Franchisee’s and Permittee’s Obligations
   8.04.300   Properties, facilities and equipment.
   8.04.310   Hours of collection.
   8.04.320   Specifications and restrictions on collection vehicles.
   8.04.330   Use of vehicles.
   8.04.340   Inspection of records.
Article 6. Litter
   8.04.350   Depositing litter prohibited when.
   8.04.360   Throwing litter from a vehicle prohibited.
   8.04.370   Sweeping, blowing, placing or using any other method to deposit litter into streets prohibited.
   8.04.380   Depositing household waste in public litter receptacles prohibited.
   8.04.390   Placing commercial waste in public litter receptacles prohibited.
   8.04.400   Removal of litter required - work performed by city when - costs.
   8.04.410   Building construction and demolition litter.
   8.04.420   Transportation of loose cargo.
   8.04.430   Enforcement.
ARTICLE 1. Introduction and Definitions
8.04.010  Legislative policy.
   A.   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.
   B.   The City Council also finds that a recyclable materials and plant materials 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.
   C.   The City Council has designated that it shall be the duty of the City Administrator to enforce this chapter and report to the City Council on solid waste matters. Governmental units, such as schools, housing authorities, etc., operating within the City are exempt from this chapter unless they elect to comply with it by notifying the City Council of their desire to do so. 
(Ord. 701-2000, § 1(part)).
Section 8.04.020  Definitions.
   For the purpose of this chapter, the following definitions apply:
   A.   "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.
   B.   "City" means the City of Gridley, 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.
   C.   "City Administrator" means the City Administrator of the City of Gridley or the City Administrator's designee.
   D.   "City Council" means the Mayor and City Council of the City of Gridley.
   E.   "Commercial Premises" means each place used primarily for business purposes.
   F.   "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.
   G.   "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a structure.
   H.   "Container" means any and all types of solid waste, plant materials and recyclable materials receptacles including but not limited to metal or plastic cans, carts, bins, tubs, bins/dumpsters, roll-off boxes, or debris boxes.
   I.   "Demolition Debris" means used or discarded construction materials generated during the razing or renovation of a structure.
   J.   "Designated Waste" means non-hazardous waste which may pose special disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II disposal sites, or Class III disposal sites pursuant to a variance issued by the California Department of Health Services. Designated Waste consists of those substances classified as designated waste by the State of California, in 23 California Code of Regulations Section 2522.
   K.   "Disposal" means the ultimate disposition of solid waste at a disposal site in full regulatory compliance.
   L.   "Disposal Site" means the solid waste facility or facilities utilized for the ultimate landfill disposal of solid waste.
   M.   "Franchisee" means a person who has entered into a franchise agreement with the City Council pursuant to Article 3 of this chapter.
   N.   "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 USC Section 6901, et seq.), and all future amendments thereto.
   O.   "Home Composting" means the on-site recycling of organic materials such as leaves and grass clippings generated on residential premises.
   P.   "Litter" means any quantity of solid waste or plant materials that are not placed in a container.
   Q.   "Material Recovery Facility" means a permitted facility where solid waste, recyclable materials, or plant materials are sorted or separated for the purposes recovering reusable or recyclable materials.
   R.   "Non-Putrescible Waste" means solid waste which is not subject to decomposition by micro-organisms.
   S.   "Occupant" means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence or a place of business.
   T.   "Permittee" means any person authorized by City of Gridley permit to collect recyclable materials.
   U.   "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Butte, towns, cities or special purpose districts.
   V.   "Physically Impaired Customer" means a customer who is recognized by the California Department of Motor Vehicles as handicapped, or a customer whose ability to move a full solid waste, recyclable materials, or yard debris container is constrained by a medical or physical condition as evidenced by a letter from the customer's physician.
   W.   "Plant materials" means a subset of organic Recyclable Materials consisting of grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees (not more than six (6) inches in diameter) and four (4) feet in length, and similar materials generated at premises within the city, separated and set out for collection, processing, and recycling. Plant Materials does not include materials not normally produced from farms, gardens or landscapes, such as, but not limited to, brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic wastes, oil, and painted or treated wood or wood products.
   X.   "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.
   Y.   "Recyclable Materials" means discarded materials that are re-used, remanufactured or processed.
   Z.   "Residential Premises" means a site occupied by a building zoned for residential occupation and whose occupants generate residential solid wastes. No place used primarily for business purposes shall be considered as a residential unit.
   AA.   "Residential Solid Waste" means solid waste originating from single-family or multiple family dwellings.
   BB.   "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, as defined in California Public Resources Code § 40191, as that section may be amended from time to time. Solid waste does not include abandoned vehicles and parts thereof, Hazardous Waste or low-level radioactive waste, medical waste, Recyclable Materials, or Plant Materials.
   CC.   "Source Separated" means to have the generator segregate from solid waste material which otherwise would become solid waste, such as recyclable materials or plant materials, for the sole purpose of reuse, recycling, or composting.
   DD.   "Waste Generator" means any person whose act or process produced solid waste, or whose act first causes solid waste to become subject to regulation.
(Ord. 771-2007, § 1; Ord. 701-2000, § 1(part)).
ARTICLE 2. General Regulations
8.04.030  Solid waste collection and disposal.
   A.   Property owners liable for solid waste service (garbage) charges to their properties:
      1.   The property owner, as determined by the real property tax roll of the Butte County Assessor, is liable for payment of garbage waste charges for services furnished to the property by the city.
      2.   The liability of the property owner for these charges exists even if the user of the solid waste service is not the owner of the property.  An occupant other than the owner may pay the charges on the behalf of the owner.
      3.   It is the responsibility of the owner of the real property to provide the city Finance Director with the current billing address and to notify the city Finance Director of any changes of address.
   4.   The fees for the collection, removal and disposal of solid waste such as garbage, rubbish, recyclables and green waste established by this article shall be payable to the city, notwithstanding that the accumulator of such garbage, rubbish, and green waste elects not to use the city's garbage collection, removal, and disposal services.
   B.   All solid waste generated, produced or accumulated in or about a dwelling, house or place of human habitation in the city or accumulated at hotels, restaurants, boardinghouses or other place of business situated in the city shall be placed in a container and removed from the premises and disposed of by the franchisee at least once a week.
   C.   No person may deposit solid waste or containers upon any street, alley, gutter or parkway, or upon any lot or vacant area or other public place or way other than as provided in this chapter.
   D.   It is unlawful for any person to place solid waste, plant materials, or refuse of any type in any container other than their own, unless the person has written permission from, or is acting as agent for the person or entity in lawful control of such container, or is the solid waste franchisee designated by the city.
   E.   It is unlawful for any person, other than a peace officer in the performance of his or her duty, to open, enter, or remove items from a solid waste, recyclable materials or plant materials container located on public or private property unless that person is the person or entity in lawful control of such container, or has written permission from the person or entity in lawful control of such container. 
(Ord. 785-2009, § 1, 2009; Ord. 701-2000, § 1(part)).
8.04.040  Containers.
   All containers shall be provided and maintained as follows:
   A.   The owner or tenant of any residential property in the city shall provide and maintain containers for the reception, removal and disposal of solid waste as specified in this section unless otherwise provided by the franchisee.
   B.   All containers shall be watertight, constructed of a material of suitable strength and durability and shall be tight seamed. Paper bags and cardboard containers shall not be used as containers for the disposal of solid waste.
   C.   the standard size container for residential services shall be thirty-two gallons. the combined weight of the container and contents shall not exceed sixty-five pounds unless the container is designed and the franchisees' vehicles are equipped for mechanical lifting.
   D.   Occupants of commercial premises shall place solid waste in containers that shall be:
      1.   Leak proof, and provided with a lid.
      2.   Constructed of non-combustible materials.
      3.   Approved by the fire department as providing adequate protection against fire hazard.
   E.   Upon implementation of a city approved curbside recycling or plant materials program, occupants of residential premises that receive service from a curbside recycling or plant materials hauling franchisee shall separate and place curbside recyclables and plant materials in containers that comply with the city approved program.
   F.   No occupant shall so fill any container with solid waste, plant materials, or recyclable materials above the top of the container. 
(Ord. 701-2000, § 1(part)).
8.04.050  Placement of containers for collection.
   Occupants of residential premises shall place containers for collection of solid waste, plant materials and recyclable materials by a franchisee as follows:
   A.   A container for the purpose of reception and removal of solid waste, curbside recyclables or plant materials shall be placed by the occupant at the curb in front of the premises. Physically impaired customers shall have the option of placing their containers near their dwelling and the franchisee shall pick up the materials at that location.
   B.   In all cases of disputes or complaints concerning the placement of containers the City Administrator shall designate the locations  subject to review by the City Council.
   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, plant materials or recycling materials on the particular route involved or earlier than sunset of the day preceding the day designated for collection. All containers shall be removed from the place of collection prior to 12:00 midnight 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, plant materials and/or recyclables.
   E.   No person other than the waste generator or any authorized employee, franchisee, or permittee of the city shall move, remove, or interfere with any container or its contents. 
(Ord. 701-2000, § 1(part)).
8.04.060  Duration of storage.
   No person may store or accumulate any solid waste in a container or at a location other than as set forth in this chapter, or for any length of time other than as follows:
   A.   A solid waste collection franchisee shall collect solid waste from the curbside and dispose of all solid waste generated at residential premises within the city and delivered for collection, not less than once per week.
   B.   A solid waste collection franchisee shall collect and dispose of all solid waste generated at multi-family residences, commercial and industrial premises within the city and delivered to a container for collection not less than once per week. If such waste is putrescible and delivered for collection to a drop box, it also will be collected not less than once per week. If such waste is non-putrescible and delivered) for collection to a drop box, it will be scheduled with the waste generator for collection.
   C.   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. 701-2000, § 1(part)).
8.04.070  Disposal.
   A franchisee or waste generator disposing of its own solid waste shall dispose of 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, and the franchise agreement. 
(Ord. 701-2000, § 1(part)).
8.04.080  Special collection and disposal provisions.
   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 flammable, explosive/radioactive, or other hazardous waste shall not be placed in containers for regular 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.
   C.   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.
   D.   Animal waste, as herein defined, shall not be placed in containers for regular collection and disposal, but shall be removed, at the occupant's expense, by separate agreement with a company properly licensed in accordance with all federal, state and local laws and regulations.
   E.   The 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."
   F.   All ashes, when placed for collection, shall be cold and free from any fire, live coals, or other substances which might ignite. 
(Ord. 701-2000, § 1(part)).
8.04.090  Restrictions on burying or burning waste.
   A.   No solid or designated waste shall be burned within the city except in incinerators of a type approved in writing by the fire chief.
   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 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. 701-2000, § 1(part)).
ARTICLE 3. Franchise Agreements
8.04.100  City Council to issue franchise.
   The City Council may, from time to time, enter into franchise agreements for the collection of solid waste, plant materials and recyclable materials from residential and commercial premises. All franchise agreements may be entered into without competitive bidding. 
(Ord. 701-2000, § 1(part)).
8.04.110  Collection by franchisee.
   Collection and removal of solid waste, plant materials, and recyclable materials by a franchisee shall be made in accordance with the terms and conditions of this chapter and the agreement between the city and the franchisee. 
(Ord. 701-2000, § 1(part)).
8.04.120  Unlawful collection.
   Except as expressly provided in this section, it is unlawful for any person to collect or transport solid waste or plant materials within the city unless such person is a solid waste collection or plant materials hauling franchisee or the solid waste collected is exempted under this section. It is unlawful for any person to permit, allow or enter into any agreement whatsoever, for the collection or transportation of solid waste or plant materials with any person who is not a solid waste or plant materials franchisee except as the solid waste or plant material collected is exempted under this section. The following types of solid waste and plant materials are exempted under this section:
   A.   Solid waste and plant materials, which are removed from any premises by the waste generator, and which are transported personally by the owner or occupant of such premises (or by his or her full-time employees) whose removal of the solid waste and/or plant materials are incidental to the service being performed;
   B.   Plant materials removed from a premises by a gardening, landscaping, or tree-trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service and for no additional or separate fee;
   C.   Construction debris and demolition debris which is removed from any premise by employees of the construction or demolition contractor or city, using equipment owned by the contractor or city;
   D.   Solid waste generated by public entities other than the city, including schools and the Housing Authority;
   E.   Animal waste and remains from slaughterhouse or butcher shops for use as tallow;
   F.   By-products of sewage treatment, including sludge, sludge ash, grit and screenings;
   G.   Abandoned cars that are removed from any premises by a licensed towing company authorized to do so by city; and
   H.   Hazardous waste and designated waste regardless of its source. 
(Ord. 701-2000, § 1(part)).
8.04.130  Charges for service.
   From time to time the City Council shall establish, by resolution, rates for the collection of and/or disposal of solid waste, plant materials and recyclable materials by a franchisee. Prior to adopting the resolution establishing the rates, the City Council shall hold a public hearing. 
(Ord. 701-2000, § 1(part)).
8.04.140  Billings and penalties.
   Each occupant of the city receiving services from a franchisee shall be billed by a franchisee periodically in accordance with the rates established by the City Council. Should any occupant fail, refuse or neglect to pay any such bill, then, in that event, the sum of the bill, together with any costs incurred by the franchisee may be recovered by the franchisee, as provided by law. 
(Ord. 701-2000, § 1(part)).
8.04.150  Failure to pay.
   Failure or refusal to pay fees assessed pursuant to this Article may result in the noncollection of solid waste, plant materials and recyclable materials, which condition the City Council may declare to be a public nuisance if permitted to exist. In the event that there is non-payment, the City Administrator shall direct the franchisee to make collection and the expenses and charges of collection may be assessed against the property as provided by law. In the event of non-payment, the franchisee shall continue to collect solid waste, plant materials and recyclable materials when directed to do so by the City Administrator. 
(Ord. 701-2000, § 1(part)).
8.04.155  Charges constituting a lien and procedures to lien.
   A.   The garbage service charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.
   B.   Lien recorded-Procedure.
      1.   Notwithstanding any provision in this code to the contrary, any garbage/solid waste service charges which have become delinquent, shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section.  Any such lien shall be recorded with the county recorder.
      2.   Prior to the recordation of a lien for delinquent charges, the Finance Director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner.  For purposes of this section, the term "owner" shall have the meaning given it in these regulations, if the owner desires a hearing thereon, he shall request such a hearing by notifying the City Clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the City Council. The decision of the City Council shall be final and conclusive.
      3.   At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the City Council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the Finance Director unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.
      4.   The Finance Director is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the Finance Director may initiate proceedings to make delinquent garbage/solid waste charges a special assessment against the parcels of property to which such service was rendered.
      5.   The Finance Director shall transmit through the City Administrator to Council, a report of delinquent charges.
      6.   Hearing: Upon receipt of the report, the City Administrator shall fix a time, date and place for the City Council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the Council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The Council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the Council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the City Council on the report and on all protests or objections thereto shall be final and conclusive.
      7.   Method of collection; applicability of other liens, laws, etc.
         (a)   Upon confirmation of the report by the Council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.
         (b)   The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.
      8.   Report transmitted to auditor: A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current year. 
(Ord. 785-2009, § 2, 2009)
8.04.160  Payment under protest.
   Any occupant who has been billed for services by a franchisee and desires to contest the extent or degree or reasonableness of the charge billed, shall make payment of such charges under protest and at the same time, file a written statement of such protest with the City Administrator. Within thirty (30) days after date of filing, the City Administrator shall notify the protesting occupant of the findings and adjudication and adjustment in the matter. The decision of the City Administrator may be appealed by any person. Such appeal shall be directly to the City Council whose determination shall be final. 
(Ord. 701-2000, § 1(part)).
ARTICLE 4. Recyclable Material Permit System
8.04.170  Authorization.
   A.   The City Council pursuant to Section 40059 of the California Public Resources Codes does hereby determine that collection and processing of recyclable materials may be provided within the city through issuance of permits, in accordance with the terms of this Article.
   B.   The City Council may also permit the collection and processing of recyclable materials under a franchise agreement, as allowable by state law. If such agreement is entered into, no permit under this Article is required.
   C.   No person may collect or process recyclable materials within the city unless the person has either entered into a franchise agreement with the city pursuant to Article 3, has been issued a permit pursuant to this Article, or is exempt from this Article pursuant to section 8.04.180. 
(Ord. 701-2000, § 1(part)).
8.04.180  Exemptions.
   The following types of recyclable materials are exempted from the provisions of this article;
   A.   Source separated recyclable materials delivered for recycling by residents and businesses of the city;
   B.   Recyclable materials which are source separated at any premises by the waste generator and donated to youth, civic, or charitable organizations;
   C.   Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code;
   D.   Recyclable materials collected by a franchisee who has entered into a franchise agreement with the city for collection of recyclable materials, not contaminated by solid waste for recycling. 
(Ord. 701-2000, § 1(part)).
8.04.190  Permit issuance and term.
   The City Administrator shall issue permits for the collection and processing of recyclable materials as provided for in this Article. Each permit shall terminate without further notice one year from date of issuance, unless revoked pursuant to Section 8.04.290. No permit for the collection and processing of recyclable materials shall be issued unless the applicant satisfies all of the requirements of this Article. 
(Ord. 701-2000, § 1(part)).
8.04.200  Permit - Information required.
   Before obtaining a permit under the provisions of this Article, the applicant shall provide the City Administrator the following information:
   A.   Name of the applicant;
   B.   Business address and telephone number of the applicant;
   C.   The name and location of the material recovery facility where the applicant intends to legally process recyclable materials; and
   D.   The name and telephone number of person within applicant's organization who is responsible for responding to inquiries and complaints. 
(Ord. 701-2000, § 1(part)).
8.04.210  Bond required.
   Before obtaining a permit under the provisions of this Article, the applicant, as a condition to the permit, shall post with the City Clerk, a bond in the amount of ten thousand dollars. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. The bond shall be issued by an insurer admitted to transact surety insurance in the State of California, and shall be subject to the approval of the City Attorney. 
(Ord. 701-2000, § 1(part)).
8.04.220  Indemnification by permittee.
   Before obtaining a permit under the provisions of this Article, the applicant shall agree to indemnify and save the city, its officers, employees and agents harmless of and from all claims, demands, actions, or causes of actions of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee, or agent of permittee, and further specifically including any and all liability of the city arising from permittee's arranging for or disposing of any waste in any disposal site whether to the U.S. Government, State of California, or any other public or private person, firm, or agency. 
(Ord. 701-2000, § 1(part)).
8.04.230  Insurance.
   A.   Before obtaining a permit under the provisions of this Article, the applicant shall procure and maintain, for the term of the permit, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the collection and processing or recyclable materials within the city by the applicant, his agents, representatives, employees or subcontractors.
   B.   Coverage shall be at least as broad as:
      1.   Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
      2.   Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
      3.   Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
   C.   The limits of coverage shall be no less than:
      1.   General Liability: $1,000,000 per occurrence for bodily injury, personal injury and properly damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
      2.   Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
      3.   Employer's Liability: $1,000,000 per accident for bodily injury or disease.
   D.   Any deductibles or self-insured retentions must be declared to and approved by the City of Gridley. At the option of the City of Gridley, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Gridley, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
   E.   The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
      1.   The City of Gridley, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the applicant; products and completed operations of the applicant; premises owned, occupied or used by the applicant; or automobiles owned, leased, hired or borrowed by the applicant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Gridley, its officers, officials, employees, agents or volunteers.
      2.   For any claims related to this project, the applicant's insurance coverage shall be primary insurance as respects the City of Gridley, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Gridley, its officers, officials, employees, agents or volunteers shall be excess of the applicant's insurance and shall not contribute with it.
      3.   Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Gridley, its officers, officials, employees, agents or volunteers.
      4.   The applicant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
      5.   Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City of Gridley.
   F.   Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
   G.   The applicant shall furnish the City of Gridley with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City of Gridley before work commences.
   H.   The applicant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 
(Ord. 701-2000, § 1(part)).
8.04.240  Compliance with local state and federal laws and regulations.
   Before obtaining a permit under the provisions of this Article, the applicant shall agree to perform the terms of the permit in such a manner so as to comply with all valid and applicable local, state, and federal laws and regulations pertaining to the collection, storage, transportation, and processing of recyclable materials. The applicant shall also agree to comply with all other ordinances and regulations of the city and applicable laws and regulations of the County of Butte, State of California, and United States of America, and shall obtain and keep in force all required permits and business licenses. 
(Ord. 701-2000, § 1(part)).
8.04.250  Permit fee.
   Prior to issuance or renewal of the permit, the applicant or permittee shall pay to city such fees as shall be set by resolution of the City Council. 
(Ord. 701-2000, § 1(part)).
8.04.260  Assignment or transfer of permit.
   A.   A permit issued under this Article may not be transferred or assigned. Any such transfer or assignment shall be void and the attempted assignment shall result in the revocation of the permittee's permit.
   B.   For purposes of this section, "transfer" or "assignment" shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of permittee's assets dedicated to service under this chapter to a third party; (ii) a sale, exchange or other transfer of ten percent (10%) or more of the outstanding common stock of permittee; (iii) any reorganization, consolidation, merger, recapitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which permittee or any of its shareholders is a party which results in a change of ownership or control of ten percent (10%) of more of the value or voting rights in the stock of permittee; and (iv) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership. For purposes of this section, the term "proposed assignee" shall refer to the proposed transferee(s) or other successor(s) in interest pursuant to the assignment. 
(Ord. 701-2000, § 1(part)).
8.04.270  Permit renewal.
   Permittee shall submit to the city an annual statement of operations in a form prescribed by the city with its request for a permit renewal. Such annual statement shall, at a minimum, include the recyclable materials collected by the permittee in the city by type, quantities of each type, customers serviced, and amounts paid to customers by type. 
(Ord. 701-2000, § 1(part)).
8.04.280  Prohibitions.
   A.   Permittee shall not collect solid waste, plant materials, or mixed waste containing solid waste and/or plant materials and/or recyclable materials. Permittee shall only collect those recyclable materials from such occupant of premises that it has an agreement with and which occupant separates the recyclable materials from its solid waste and places such recyclable materials at a designated collection location for collection by the permittee.
   B.   Permittee shall not charge, nor shall permittee receive, value from the waste generator for the permittee's services. 
(Ord. 701-2000, § 1(part)).
8.04.290  Revocation.
   A.   A permit maybe revoked by the City Council, in the event that the permittee has not compiled with either the provisions of the chapter of all other applicable statutes, ordinances, rules and regulations. The City Administrator shall notify the permittee in writing of non-compliance and shall order compliance within thirty days.
   B.   If non-compliance is not corrected within thirty days of the written notice of noncompliance pursuant to this section, the City Council, after a hearing, may revoke the permit or take such other action as the City Council shall determine. 
(Ord. 701-2000 § 1(part)).
ARTICLE 5. Franchisee's and Permittee's Obligations
8.04.300  Properties, facilities and equipment.
   A.   Each franchisee and permittee shall maintain all of its properties, facilities, and equipment used in providing service under this chapter in a safe, neat, clean and operable condition at all times.
   B.   All collection operations shall be conducted as quietly as possible and shall conform to applicable federal, state, county and city noise level regulations. 
(Ord. 701-2000, § 1(part)).
8.04.310  Hours of collection.
   The collection of solid waste, plant materials and recyclable materials from residential premises and commercial premises up to two hundred feet from residential premises shall not occur before 6:00 a.m. or after 6:00 p.m. The collection of solid waste, plant materials and recyclable materials from commercial premises shall be scheduled subject to the approval of the city. 
(Ord. 701-2000, § 1(part)).
8.04.320  Specifications and restrictions on collection vehicles.
   All vehicles used for solid waste, plant materials or recyclable materials collection within the city shall comply with the following:
   A.   All trucks or vehicles shall be completely enclosed with a rigid, non-absorbent cover while transporting solid waste, plant materials or recyclable materials in or through the city. Completely enclosed with a rigid, non-absorbent cover means that solid waste, plant materials or recyclable materials shall not be visible from the street nor shall any residential substances be permitted to leak, spill or become deposited along the public streets.
   B.   All trucks or vehicles shall be identified by permittee's or franchisee's name, telephone number, and unique vehicle identification number displayed in a prominent location. The equipment used shall be kept clean and in good repair at all times.
   C.   All trucks or vehicles shall comply with all federal, state and local laws, permits, licenses and regulations. 
(Ord. 701-2000, § 1(part)).
8.04.330  Use of vehicles.
   Any person operating a privately owned solid waste, plant materials or recyclable materials vehicle under provisions of this chapter shall do so in accordance with all federal, state and local laws, permits and regulations and shall also abide by the following:
   A.   Each franchisee and each permittee shall ensure that each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the California State Fire Marshal.
   B.   Each franchisee and each permittee shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly.
   C.   Each franchisee and each permittee shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule.
   D.   Each franchisee and permittee shall keep accurate records of all vehicle inspection and maintenance, recorded according to date and mileage and shall make such records available to the city upon request.
   E.   Each franchisee and each permittee shall furnish the city a written inventory of all vehicles, including collection vehicles, used in providing service, and shall update the inventory annually. 
(Ord. 701-2000, § 1(part)).
8.04.340  Inspection of records.
   Each franchisee and each permittee shall keep and preserve during the term of its franchise or permit, full, complete, and accurate records listed below that shall be subject to review and reproduction by the City Administrator of:
   A.   Customer accounts in a manner that clearly identifies the name and address of customers and number of customers by customer classification within the city.
   B.   Statistical records as maybe prescribed by city to assist the city in its planning to meet the requirements of the Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq.). Permittee shall record on a daily basis, the quantities of solid waste, plant materials and recyclable materials collected. The permittee shall file with the City Administrator a written report by the tenth working day of each month giving the previous calendar month's volumes or weights of solid waste, plant materials and recyclable materials collected. Each franchisee and each permittee shall cooperate with the city in the performance of waste composition studies.
   C.   Records maintained pursuant to this paragraph as maybe necessary to assist the city in meeting its obligations under the Integrated Waste Management Act of 1989. 
(Ord. 701-2000, § 1(part)).
ARTICLE 6. Litter
8.04.350  Depositing litter prohibited when.
   It is unlawful for any person to throw, discard, place or deposit litter in any manner or any amount on any public or private property within the city, except in containers or in lawfully established dumping grounds. 
(Ord. 701-2000 § 1(part)).
8.04.360  Throwing litter from a vehicle prohibited.
   It is unlawful for any person, whether driver or passenger in a vehicle, to throw or deposit litter in any manner or amount upon any street or other public or private property within the city. 
(Ord. 701-2000, § 1 (part))
8.04.370 Sweeping, blowing, placing or using any other method to deposit litter into streets prohibited.
   It is unlawful for any person to sweep, blow, place or use any other method to deposit in any gutter, street or other public place within the city, the accumulation of litter from any building or lot. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. 
(Ord. 771-2007, § 2; Ord. 701-2000, § 1 (part))
8.04.380  Depositing household waste in public litter receptacles prohibited.
   It is unlawful for any person to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. 
(Ord. 701-2000, § 1 (part))
8.04.390  Placing commercial waste in public litter receptacles prohibited. 
   It is unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. 
(Ord. 701-2000)
8.04.400  Removal of litter required - work performed by city when - Costs.
   A.   Procedures. The accumulation of litter on private property is declared to be a public nuisance. If the owner or person in control of any private property in the city falls to remove all litter which is located on the property after due warning or citation, the city shall issue a notice to remove the litter. The abatement procedure shall be through the city's enforcement officer who shall utilize the procedure set forth in Sections 8.10.090 through 8.10.120, inclusive, of this Code. The notice shall contain a description of the property and state that, if the litter condition is not corrected within ten days, the property will be cleaned by the city and the owner will be billed for the cleanup cost. Any authorized city employee or contracting agent is expressly authorized to enter upon private property to remove accumulated litter. It is unlawful for any person to interfere, hinder or refuse to allow an authorized city employee(s) or contracting agent to enter upon private property for such purpose and to remove litter in accordance with the provisions of this article. Any person owning, occupying, renting, managing, leasing or controlling real property in the city shall have the right to remove litter or have the same removed at his or her own expense any time prior to the arrival of the city for such purpose.
   B.   Assessment of costs.
      1.   The City Administrator shall keep an account of the cost of the city to remove the litter as provided for each separate lot or parcel of land, and shall place such account in a report and assessment list to be sent to the City Council. The report shall identify each separate lot or parcel of land, and shall state the cost proposed to be assessed against it. The report shall be filed with the City Clerk. The City Clerk shall mail a notice to each name of the assessment list. The notice shall contain the following:
         a.   The cost of the litter removal;
         b.   The place and time of the City Council hearing to consider and confirm the assessment report and list;
         c.   That failure to make any objection to the report and list shall be deemed a waiver; and
         d.   That, upon confirmation by the City Council, the amount of the assessment shall be payable.
      2.   The assessments shall be confirmed by resolution of the City Council, and the amount shall constitute a lien on the property assessed until paid. 
(Ord. 701-2000, § 1 (part))
8.04.410  Building construction and demolition litter.
   It shall be the duty of the owner, agent or contractor in charge of any construction or demolition site to have on the site adequate containers for the disposal of litter, and to make appropriate arrangements for the collection or transport to an authorized facility for final disposition. 
(Ord. 701-2000, § 1 (part))
8.04.420  Transportation of loose cargo.
   It is unlawful for any person to transport any loose cargo by truck or other motor vehicle within the city unless the cargo is covered and secured in such manner as to prevent depositing of litter on public and private property. 
(Ord. 701-2000, § 1 (part))
8.04.430  Enforcement.
   This article may be enforced by the police department, the fire department, and employees of the public works department, as authorized by the director of public works. 
(Ord. 701-2000, § 1 (part))