(A) The exclusive right of any Franchise Hauler to collect Solid Waste, Recyclable Materials, and Organic Materials is subject to the following exclusions and any additional exclusions identified in Agreement:
1. Self Haul: Solid waste, Recyclable Material, and/or Organic Materials may be removed and personally transported from a premises by the owner or occupant for the purpose of lawfully delivering same to a facility authorized and permitted to receive and handle such materials. Owners or occupants may delegate the responsibility of delivering such materials to a facility to a third party if it is done on a voluntary basis and no compensation is tendered in exchange for the service or rental of Containers.
2. Gardeners and Landscapers: A gardener or landscaper may collect, transport, and dispose of yard wastes generated as an incidental part of providing gardening, landscape maintenance service, provided the gardener or landscaper shall not be a hauling service or solid waste enterprise, and shall not separately or additionally charge for the incidental service of removing, transporting, or disposing of the yard waste, and shall use only employees and equipment to collect, transport, and dispose of same.
3. Contractors and Remodelers: A construction contractor, holding a contractor’s license issued by the State of California, may collect, transport, and dispose of inert materials or C&D waste from remodeling or construction jobs generated as an incidental part of providing such remodeling or construction services, if the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting, or disposing of the inert materials or demolition waste, and use only employees and equipment to collect, transport, and dispose of same.
4. Other: Additional limitations and exclusions as may be set forth in the Franchise Agreement. (Ord. 837-20, 8-18-2020)