(A) No owner, occupant, or person in control of private property shall deposit, store or cause or permit to be deposited or stored any solid waste or non-containerized debris on such property so that such solid waste could or does attract rodents or pests and create a health hazard. “Rodent,” as used in this subsection, means rats, mice, gophers, and squirrels. “Pest,” as used in this subsection, includes any animal or insect not under human control, which is offensive to the senses or interferes with the comfortable enjoyment of life, including but not limited to roaches, mosquitoes, and flies.
(B) Every owner, occupant or person in control of private property shall properly store and maintain accumulations of solid waste so that they are not carried or deposited by the elements on any public right of way or public place, or on the private property of another.
(C) Single-family generators shall comply with the following requirements:
(1) Shall subscribe to the city’s two or three container collection services for all refuse (trash), recycling, and organic materials generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(3) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(4) Single-family generators shall adjust their service level for collection services as requested by the city.
(5) Generators may additionally manage their organic material by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(6) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(7) Allow access for the city or its designated agent to perform periodic inspection of collection containers.
(D) Multi-family generators shall comply with the following requirements:
(1) Shall subscribe to the city’s three or two container collection services for all refuse (trash), recycling and organic materials generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(a) Inspect the third party hauling company’s bins; and/or
(b) Receive an annual report of types of materials, volumes, and frequency being managed by the third party hauling company.
(c) Provide a refundable deposit in amount not to exceed $5,000.
(4) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(5) Multi-family generators shall adjust the service level for their collection services as requested by the city.
(6) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees, contractors, or tenants from placing materials in a container not designated for those materials per the city’s three container collection service or, if self-hauling, per the requirements section 19-190.
(7) Generators may choose to manage their organic waste by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(8) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(9) Allow access for the city or its designated agent to perform periodic inspection of collection containers and/or enclosures.
(10) Provide education information before, or within 14 days of, occupation of the premises by new tenants that describes requirements to keep source separated organic and recyclable materials separate from solid waste (when applicable), maintaining the security of the containers to prevent illegal access, the location of containers, and the rules governing their use at each property.
(E) Commercial businesses shall comply with the following requirements:
(1) Shall subscribe to the city’s three or two container collection services for all refuse (trash), recycling and organic wastes generated.
(2) Shall place source separated materials in the designated containers, non-organic, non-recyclable materials in the refuse (trash) container; organic material including bagged food waste in the organics container; and non-compostable, recyclable materials in the recycling container.
(a) Inspect the third party hauling company’s bins; and/or
(b) Receive an annual report of types of materials, volumes, and frequency being managed by the third party hauling company.
(c) Provide a refundable deposit in amount not to exceed $5,000.
(4) The city shall have the right to review and adjust the number and size of a generator’s containers and/or collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials.
(5) Commercial business generators shall adjust the service level for their collection services as requested by the city.
(6) To the extent practical through education, training, inspection, and/or other measures, prohibit employees, contractors, or tenants from placing materials in a container not designated for those materials per the city’s three or two container collection services or, if self-hauling, per the requirements section 19-190 of this article.
(7) Generators may choose to manage their organic materials by preventing, reducing, or managing their organic material on-site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(8) Generators may choose to self-haul recyclable materials to the city’s drop-off recycling center pursuant to division 4 of this article.
(9) Annually provide information to employees, contractors, tenants, and customers about edible food and organic materials recovery requirements and about proper sorting of source separated organic and recyclable materials.
(10) Provide education information before, or within 14 days of, occupation of the premises by new tenants that describes requirements to keep source separated organic and recyclable materials separate from solid waste (when applicable), maintaining the security of the containers to prevent illegal access, the location of containers, and the rules governing their use at each property.
(11) Provide or arrange access for the city, or its agent, to their properties during all inspections conducted in accordance with this code to confirm compliance with the requirements of this article.
(12) Provide customers with recycling and organics collection containers to collect material purchased on the premises that is located adjacent to the designated container for trash, except in restrooms.
(13) Ensure that the containers are visible and easily accessible, clearly marked with educational signage.
(14) Full-service restaurants are exempt from this requirement if the full-service restaurant provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.
(15) Shall develop model signage that businesses may utilize in implementing such waste diversion requirements.
(16) A property owner of a multifamily residential dwelling with common areas shall also provide recycling and organics collection containers located adjacent to refuse (trash) containers.
(F) All commercial edible food generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed of.
(2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Generators may choose to manage their organic materials by preventing, reducing, or managing organic materials on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(6) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those food recovery services or food recovery organizations:
1. The name, address, and contact information of the food recovery service or food recovery organization.
2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
3. The established frequency that food will be collected or self-hauled.
4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(G) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Cal. Education Code, Title 2, Division 4, Part 27, Chapter 9, and to amend Cal. Health and Safety Code, Section 114079, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
(H) Venue or event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at venues or events to comply with the requirements of this section.
(Ord. No. 3007)