A. Sufficient Container Capacity and Storage of Containers.
All persons occupying or maintaining any premises within the City where Garbage, Organic Waste and Recyclable Materials are created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all Garbage, Organic Waste and/or Recyclable Materials which are produced, created or accumulated on such premises. No containers shall be allowed to be stored in the public streets or rights-of way. Except on days established for collection, all Solid Waste containers shall be placed out of sight of the public right-of-way, except for temporary containers, as described below. Containers may be stored in alleys but must not cause obstruction for emergency, Solid Waste collection, or other vehicles. Containers may be temporarily stored in public streets or rights-of way. In commercial areas of the City that have limited space for the placement of containers, upon written request of the property owner or occupant, the City may allow the bins or carts as provided by the franchised hauler to be placed in public parking lots expressively for the purpose of normal weekly collection by the franchised hauler.
B. Design Review.
The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage of Garbage, Organic Waste and Recyclable Materials and which will allow for efficient and safe waste removal or collection. The design shall be submitted for approval to the Development Environmental Review Committee and shall meet all applicable regulations.
C. Ownership of Solid Waste Materials.
All Solid Waste placed in containers provided by any franchised hauler for collection shall be considered owned by and be the responsibility of the franchised hauler. All materials placed in containers provided or owned by the generator, shall be considered owned by and be the responsibility of that generator until the material is placed at a franchised hauler's designated point of collection and in containers described in 8.24.010. The occupant, business owner, or his authorized agent, may retrieve or remove any materials from the container, prior to collection.
D. Unlawful Collection.
It shall be unlawful for any person to engage in the business of collecting, removing or transporting, or otherwise organize or direct the collection, removal or transportation of Recyclable Materials without being a franchised hauler. Nothing in this Chapter limits the right of any person to donate or sell his or her Recyclable Materials, including to recognized non profit charitable organizations conducting fundraising events for a public purpose. No cost or fees of any sort including those for hauling services or use of containers may be charged. Additionally, containers provided by the franchised hauler may not be used for the storage of Recyclable Materials that the occupant intends to donate, sell or otherwise dispose of through a party other than the franchised hauler.
E. Posting of Signs.
Signs which state, in both English and Spanish, that removal of Recyclable Materials from containers is illegal and punishable by a fine of up to $1,000 or up to six months in jail, or both, shall be posted at each of the following locations:
1. On all Commercial Recycling Bins;
2. At the entrance to buy-back centers; and,
3. Vending machine-type containers located within the City of San Bernardino.
(Ord. MC-1431, 11-10-16)