(A) Collection service. For those premises receiving residential, commercial, industrial, institutional and governmental collection services, the following regulations are applicable.
1. Customers shall be responsible for placing garbage, refuse, rubbish, recyclable materials and green waste containers at the curb line by 5:00 a.m. on collection days at the location determined by the city. No collections at schools, churches or those portions of commercial or industrial districts adjacent to residential neighborhoods shall be made prior to 5:00 a.m. or after 6:00 p.m. Collections may be made at different hours subject to prior approval of the City Manager or City Council.
2. In all cases of dispute and complaints arising as to the place where the garbage, refuse, rubbish, recyclable materials and green waste bins or containers shall be placed awaiting removal thereof, the Public Works Director shall forthwith designate the place for the same. The decision of the Public Works Director may be appealed to the City Manager whose decision shall be final.
3. The lids of all containers shall be completely closed to prevent the spillage of contents during collection.
(B) Container contents city property. From the time of the placement of garbage, refuse, rubbish, recyclable materials or green waste at the curbside, property line or other designated collection locations, or in any container used for recycling materials, green waste or other solid waste provided by the city, contract agent, licensee, franchisee or permittee, said recyclable materials or other solid waste shall be and become property of the city or city authorized agent.
(C) Collection interference. No person, other than city employees, or city contract agents shall interfere in any manner with any container, or the contents thereof, nor move any such container or remove the contents thereof, from the location where the container is placed.
(D) Commercial businesses.
1. Commercial business, which includes multi-family residential dwellings, shall:
(a) Except commercial businesses that meet the self-hauler requirements in § 8-2-38 or which meet waiver requirements listed in § 8-2-34, be automatically enrolled in the city’s two-container organic waste collection services with a source separated green container organic waste service level in addition to the existing solid waste container. The commercial business’ source separated green container organic waste service level must be sufficient for the amount of source separated green container organic waste generated by the commercial business. The city shall have the right to review the number, size and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial business shall adjust its service level as requested by the city;
(b) Except commercial businesses that meet the self-hauler requirements in § 8-2-38 of this chapter or which meet waiver requirements listed in § 8-2-34, participate in and comply with the city two-container (green container and black container) collection service by placing designated materials in designated containers as described. The generator shall place source separated green container organic waste, including food waste, cardboard and paper, in the green container (or one labeled as for organics); and black container waste in the black container (or container labeled as such, or the container currently designated as the solid waste container). Generators shall not place materials designated for the black container into the green container, and shall not place materials designated for the green organics container into the black container;
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with § 8-2-31, subdivision (D)(4)(a) and (b) below), for employees, contractors, tenants and customers, consistent with city’s green container and black container collection service;
(d) Excluding multi-family residential dwellings, where food and beverages are generated by the business and consumed onsite, provide containers to customers and employees for the collection of source separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas, if such materials are generated by the business or customers and employees. Pursuant to Cal. Code of Regulations Title 14, § 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the city and pursuant to Cal. Code of Regulations Title 14, § 18984.7 for any new containers. A commercial business is not required to replace existing, functional containers, including containers purchased prior to January 1, 2022, or prior to January 1, 2036; or
(2) Container labels on any new containers purchased on or after January 1, 2022, that include language and/or graphic images indicating the primary material accepted and the primary materials prohibited in that container, pursuant to Cal. Code of Regulations Title 14, § 18984.8.
(e) Excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials to the extent practical through education, training, Inspection, and/or other measures to keep contaminants out of those containers pursuant to Cal. Code of Regulations Title 14, § 18984.9(b)(3);
(f) Annually provide information to employees, contractors, tenants and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials;
(g) Provide education information in a tenant’s lease or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from black container waste (when applicable) and the location of containers and the rules governing their use at each property;
(h) Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with § 8-2-72 to confirm compliance with the requirements of this chapter;
(i) Accommodate and cooperate with city’s or service provider’s remote monitoring for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator’s compliance with § 8-2-5. Remote monitoring shall involve the use of cameras on top of the service provider’s trucks; or
(j) If a commercial business wants to self-haul, meet the self-hauler requirements in § 8-2-38.
2. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to Cal. Code of Regulations Title 14, § 18984.9(c).
3. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to § 8-2-35.
(Ord. 648, passed 4-19-2022)