For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section. Words and phrases not ascribed a meaning by this section shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105 through 40200.
“Act” means the California Integrated Waste Management Act of 1989, as it may be amended from time to time.
“Authorized recycling contractor,” as used in this chapter, means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.
“Bulky waste” means and includes, but not by way of limitation, discarded white goods (i.e., major household appliances), furniture, tires, carpets, mattresses and similar large items which cannot be placed in a covered container.
“City” means the city of Yucaipa.
“City manager” means the city manager of the city or the city manager’s duly authorized representative.
“Collection” means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector.
“Collector” means, depending upon the context in which used, either the city, another local agency or a contractor.
“Commercial bins” means bins provided by a collector, one and one-half cubic yards capacity or greater designed for the deposit of refuse, charged at commercial rates.
“Commercial premises” means all premises in the city, other than residential premises, where refuse is generated or accumulated, however, mobilehome parks may be included.
“Container” means any bin, vessel, can or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant.
“Contractor” means a person, persons, local agency, firm or corporation franchised, authorized or permitted by the city to provide refuse, recycling or compostable collection services within the city.
“Curb collection” means the collection of refuse placed at a location not more than five feet from the street, curb or alley abutting the occupied residence.
“Designated recycling collection location,” as used in this chapter, means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material. This location will customarily be the curbside of a residential neighborhood or the service alley of an commercial enterprise.
“Detachable bin” means a metal container designed for mechanical emptying and provided by the city or contractor for the accumulation and storage of refuse.
“Disposal” means the complete operation of treating and disposing of the accumulation of garbage, rubbish waste material and the product or residue arising from such treatment.
Dwelling, Multiple. “Multiple dwelling” means a residential building designed for occupancy by more than one family, consisting of more than one living unit, even where there is no more than one water meter on such
premises but excluding hotels, motels, and lodges.
Dwelling, Single-Family. “Single-family dwelling” means a detached building designed for occupancy by one family and consisting of a single living unit, including condominium units.
“Franchise” means the right and privilege to: (1) collect; (2) transport to landfill or other licensed disposal facilities as determined by city; and/or (3) recycle from collected solid waste and recyclable all solid waste kept, generated and/or accumulated within the city from the franchise area as defined in the franchise agreement. Any franchise is subject to all of the provisions of the franchise agreement, and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520.
“Franchise fee” means the fee or assessment imposed by the city on contractor solely because of its status as contractor. The term “franchise fee” does not include:
1. Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and contractor or their services but not including a tax, fee or assessment which is unduly discriminatory against contractor or its customers); or
2. Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of a franchise, including payments of bonds, consultants, administrative expenses, fees described in this title, attorneys’ fees, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages.
“Garbage” means the putrescible animal, fish, fowl, food, fruit, bakery goods, or vegetable matter resulting from the preparation, storage, processing, handling, decay, distribution, manufacturing or consumption of such substance, except suet, tallow, bones or meat trimmings that are not rejected by the owner or producer as worthless or useless.
“Garbage hauler” means any person, firm or corporation that transports garbage from a central collection point to a commercial garbage feeding hog ranch.
“Gross revenues” means any and all revenue or compensation in any form derived directly or indirectly by the contractor, its affiliates, subsidiaries, parents and any person or entity in which the contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables, without subtracting franchise fees or any other cost of doing business; provided, however, that the amount of gross revenues may be reduced by the amount of any bad debts incurred by the contractor or refunds returned to customers; provided, that the revenue with respect thereto has been included in the computation of gross revenues.
“Hazardous refuse” means any compound, mixture, substance or article which, if improperly used, handled, transplanted, processed or stored, may constitute a hazard to health or may cause damage to property and contaminate the water table by reason of being explosive, flammable, poisonous, corrosive, radioactive or otherwise harmful to the environment, including wastes or refuse defined as hazardous under state or federal law.
“Health officer” means the city manager or designated representative.
“Industrial waste” means solid waste resulting from industrial processes and manufacturing operations, including, but not limited to, wholesale and volume food processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings, and chemical wastes.
“Noncombustible rubbish” means ashes, bottles, broken crockery, glasses, tin cans and other metallic substances and like or similar articles or substances that will not incinerate.
“Operator receipts” means that portion of gross revenues which is retained by the operator, i.e., all receipts except landfill and franchise fees.
“Place” or “premises” means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobilehome park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every other place or premises where any person resides, or any business is carried on or conducted within the city or any other site upon which garbage, wastes, or refuse is produced or accumulates.
“Property owner” means the person, persons, partnership or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the county of San Bernardino, or alternatively, from such other records of the county assessor or tax collector as contain more recent information.
“Recyclable waste material,” as used in this chapter, means discarded materials such as, but not limited to, newspapers, cardboard and other paper products, glass, plastic, aluminum and metal cans, and compostables which are separated from other garbage or refuse for the purpose of recycling.
“Recycling,” as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.
“Refuse” includes both garbage and rubbish and means putrescible and nonputrescible solid waste or debris, except sewage, whether combustible or noncombustible, and includes garbage and rubbish defined in this section.
“Refuse collector” means any person, firm or corporation engaged in the business of collecting refuse from residential and commercial establishments.
“Residential” includes single-family residences, including apartments and condominiums, but does not include hotels or motels.
“Rubbish” means nonputrescible unwanted or discarded material or debris, either combustible or noncombustible including, but not limited to, paper, cardboard, grass, tree or shrub trimmings, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction or demolition material, recyclable, compostables, bulky wastes, and other municipal solid waste.
“Single-family residential” includes single-family residences and any other residences that do not require bin services.
“Small generator” means the occupants of a residential unit who regularly generate quantities of rubbish which can be held within a container equivalent to thirty-two (32) or sixty-four (64) gallons.
“Solid waste or waste matter” means “rubbish” as defined in this section.
“Standard residential refuse container” means a container of a size, design and weight prescribed by the city council by resolution, for single-family residential solid waste collection, designed and manufactured for the accumulation and storage of residential refuse. The top diameter of the container shall in no case be smaller than the diameter of the receptacle at the bottom.
“Tax roll” means the assessment roll upon which general taxes of the city are collected by the county.
“Tax roll billing” means the collection of single-family residential refuse fees, and any associated penalties and interest, on tax roll.
“Yard waste” means all leaves, cuttings and trimmings from trees, shrubs and grass. Yard waste does not include heavy or bulky articles such as trees, tree limbs or logs. (Ord. 373 § 1, 2019; Ord. 119 § 2, 1993)