Chapter 8.30 WASTE MANAGEMENT, REFUSE COLLECTION AND DISPOSAL SERVICES

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this article. Words and phrases not ascribed a meaning by this article shall have the meaning ascribed by Division 30, Part 1, Chapter 2 of the Public Resources Code, Sections 40105 through 40200. [Ord. 96-6 § 2; Code 1990 § 5.1.101.]

8.30.020 Act.

“Act” shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. [Ord. 96-6 § 2; Code 1990 § 5.1.102.]

8.30.030 Bulky waste.

“Bulky waste” shall mean and include, 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. [Ord. 96-6 § 2; Code 1990 § 5.1.103.]

8.30.040 Authorized recycling contractor.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.104.]

8.30.050 City.

“City” means the city of Calimesa. [Ord. 96-6 § 2; Code 1990 § 5.1.105.]

8.30.060 City manager.

“City manager” means the city manager of the city or the city manager’s duly authorized representative. [Ord. 96-6 § 2; Code 1990 § 5.1.106.]

8.30.070 Collection.

“Collection” means the act of collecting solid waste, recyclables or compostables at the place of generation by an approved collector. [Ord. 96-6 § 2; Code 1990 § 5.1.107.]

8.30.080 Collector.

“Collector” means, depending upon the context in which it is used, either the city, another local agency or a contractor. [Ord. 96-6 § 2; Code 1990 § 5.1.108.]

8.30.090 Commercial bins.

“Commercial bins” means bins provided by a collector, usually three cubic yards or greater capacity, designed for the deposit of refuse, charged at commercial rates. [Ord. 96-6 § 2; Code 1990 § 5.1.109.]

8.30.100 Commercial premises.

“Commercial premises” means all premises in the city, other than residential premises, where refuse is generated or accumulated; however, mobile home parks may be included. [Ord. 96-6 § 2; Code 1990 § 5.1.110.]

8.30.110 Container.

“Container” means any bin, vessel, can, or receptacle used for collecting solid wastes for removal, whether owned by the collector, property owner or tenant. [Ord. 96-6 § 2; Code 1990 § 5.1.111.]

8.30.120 Contractor.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.112.]

8.30.130 Curb collection.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.113.]

8.30.140 Designated recycling collection location.

“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 a commercial enterprise. [Ord. 96-6 § 2; Code 1990 § 5.1.114.]

8.30.150 Detachable bin.

“Detachable bin” means a metal container designed for mechanical emptying and provided by the city or contractor for the accumulation and storage of refuse. [Ord. 96-6 § 2; Code 1990 § 5.1.115.]

8.30.160 Disposal.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.116.]

8.30.170 Dwelling, multiple.

“Dwelling, multiple” 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. [Ord. 96-6 § 2; Code 1990 § 5.1.117.]

8.30.180 Dwelling, single-family.

“Dwelling, single-family” means a detached building designed for occupancy by one family and consisting of a single living unit, including condominium units. [Ord. 96-6 § 2; Code 1990 § 5.1.118.]

8.30.190 Franchise.

“Franchise” shall mean the right and privilege to: (A) collect, (B) transport to landfills or other licensed disposal facilities as determined by city, and/or (C) recycle from collected solid waste and recyclables all solid waste kept, generated and/or accumulated within the city from the franchise area. Any franchise is subject to all of the provisions of this chapter and to any rights held by any other solid waste enterprise holding rights pursuant to Public Resources Code Section 49520. [Ord. 96-6 § 2; Code 1990 § 5.1.119.]

8.30.200 Franchise fee.

“Franchise fee” means the fee or assessment imposed by the city on the contractor solely because of its status as a contractor. The term “franchise fee” does not include:

A. Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both businesses and contractors or their services but not including a tax, fee, or assessment which is unduly discriminatory against the contractor or its customers); or

B. 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 CMC 8.30.460, attorneys’ fees, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages. [Ord. 96-6 § 2; Code 1990 § 5.1.120.]

8.30.210 Garbage.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.121.]

8.30.220 Garbage hauler.

“Garbage hauler” means any person, firm or corporation that transports garbage from a central collection point to a commercial garbage feeding hog ranch. [Ord. 96-6 § 2; Code 1990 § 5.1.122.]

8.30.230 Gross revenues.

“Gross revenues” shall mean 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, and fees for redelivery of bins and drop boxes, 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. [Ord. 96-6 § 2; Code 1990 § 5.1.123.]

8.30.240 Hazardous refuse.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.124.]

8.30.250 Health officer.

“Health officer” means the city manager or his designated representative. [Ord. 96-6 § 2; Code 1990 § 5.1.125.]

8.30.260 Industrial waste.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.126.]

8.30.270 Noncombustible rubbish.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.127.]

8.30.280 Place or premises.

“Place” or “premises” means every dwelling house; dwelling unit; apartment house or multiple dwelling building; trailer or mobile home 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. [Ord. 96-6 § 2; Code 1990 § 5.1.128.]

8.30.290 Property owner.

“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 Riverside, or alternatively, from such other records of the county assessor or tax collector as contain more recent information. [Ord. 96-6 § 2; Code 1990 § 5.1.129.]

8.30.300 Recyclable waste material.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.130.]

8.30.310 Recycling.

“Recycling,” as used in this chapter, means the process of collecting and turning used products into new products by reprocessing or remanufacturing them. [Ord. 96-6 § 2; Code 1990 § 5.1.131.]

8.30.320 Refuse.

“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 as defined in CMC 8.30.210 and 8.30.350. [Ord. 96-6 § 2; Code 1990 § 5.1.132.]

8.30.330 Refuse collector.

“Refuse collector” means any person, firm or corporation engaged in the business of collecting refuse from residential and commercial establishments. [Ord. 96-6 § 2; Code 1990 § 5.1.133.]

8.30.340 Residential.

“Residential” includes single-family residences, including apartments and condominiums, but does not include hotels or motels. [Ord. 96-6 § 2; Code 1990 § 5.1.134.]

8.30.350 Rubbish.

“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, recyclables, compostables, bulky wastes, and other municipal solid waste. [Ord. 96-6 § 2; Code 1990 § 5.1.135.]

8.30.360 Single-family residential.

“Single-family residential” includes single-family residences and any other residences that do not require bin services. [Ord. 96-6 § 2; Code 1990 § 5.1.136.]

8.30.370 Solid waste or waste matter.

“Solid waste” or “waste matter” means “rubbish” as defined in CMC 8.30.350. [Ord. 96-6 § 2; Code 1990 § 5.1.137.]

8.30.380 Standard residential refuse container.

“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. [Ord. 96-6 § 2; Code 1990 § 5.1.138.]

8.30.390 Yard waste.

“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. 96-6 § 2; Code 1990 § 5.1.139.]

Article II. Regulations

8.30.400 Provision of service.

The city shall provide for or furnish integrated waste management services relating to collection, transfer, and disposal of refuse, recyclables, and compostables within and throughout the city. Such services may be furnished by any one or a combination of the following:

A. City officers and employees;

B. Contractors franchised or licensed by the city; or

C. Agreement with another local agency. [Ord. 96-6 § 2; Code 1990 § 5.1.201.]

8.30.410 Manner, time and frequency of collection.

The city council may establish by resolution the manner in which integrated waste management services are provided within the city, specifying the hours, days, and frequency of collection. [Ord. 96-6 § 2; Code 1990 § 5.1.202.]

8.30.420 Categories.

The city council may determine waste management collection categories, i.e., residential, single-family residential, multifamily residential, commercial, industry, special, special event, household hazardous waste recycling, and other; and may make or impose collection requirements which vary for such categories. [Ord. 96-6 § 2; Code 1990 § 5.1.203.]

8.30.430 Refuse collection service mandatory.

Every person who owns and every person who occupies any developed real property within the city, whether at a residential, commercial, or industrial location, or otherwise, shall make or cause to be made with the city’s authorized agent appropriate arrangements for regular refuse collection services and it is unlawful for any such person to fail, refuse or neglect to do so. An occupant of property shall be deemed to have complied with this section if the owner of the property has caused to be made such appropriate arrangements for collection of refuse upon all portions of the property occupied by the occupant. It is further unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse collection services. [Ord. 96-6 § 2; Code 1990 § 5.1.204.]

8.30.440 Prohibitions.

No person other than those authorized by the city shall gather, collect or remove any refuse, waste or recyclable materials, convey or transport any refuse, waste, or recyclable material in, along or over any public street, alley or highway in the city, or take any refuse, waste, or recyclable material from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:

A. Repealed by Ord. 210;

B. Any person holding a valid city business license to engage in the tree trimming, nursery or gardening business, or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person;

C. Any person removing industrial wastes, or any person removing large or oversized items of rubbish from their premises;

D. Any person removing animal feces from their own property or any person hauling feces with a valid city business license. [Ord. 210 § 4, 2004; Ord. 99-4 § 2; Ord. 96-6 § 2; Code 1990 § 5.1.205.]

8.30.450 Ownership of solid waste.

Once refuse, compostables, recyclables and construction debris are placed in bins/rolloffs for collection, or containers at curbside, ownership shall transfer directly to the collector. No person shall tamper with or remove recyclable materials from any container which has not been provided for his or her own use. [Ord. 96-6 § 2; Code 1990 § 5.1.206.]

8.30.460 Fees, franchises, and licenses.

A. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Section 41900 et seq., the city may levy fees upon contractors and premises for refuse collection, transfer and disposal, and the collection and transfer of recyclables and compostables. Such fees may include charges for the use of dumpsters, landfills, and may include costs of preparing and implementing source reduction and recycling elements and integrated waste management plans. The city may also impose and collect from its contractor, licensee or franchisee a fee for the long-term right to use the city streets, as compensation for the grant of a right-of-way to provide vital public services with a degree of permanence and stability. The city may determine to collect all or part of such charges on the tax roll, or by such other means as the council may elect, whether or not delinquent.

B. The city council may by resolution waive permit fees for recyclers and collectors of compostables. [Ord. 96-6 § 2; Code 1990 § 5.1.301.]

8.30.470 Residential refuse collection franchise.

A. The city council may award a franchise for refuse collection from all residential properties in the city. Any such franchise shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of a franchise.

B. The franchise shall be granted on such terms and conditions as the city council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

1. Residential collection rates by weight or volume (e.g., one, two, or three 35-gallon containers or 35-, 65-, or 95-gallon automated collection containers).

2. A franchise fee to be paid to the city for a residential franchise as a percentage of gross receipts. The percentage shall be adopted by the city council by resolution.

3. The franchisee shall be required to cooperate with the city in solid waste generation studies, waste stream audits, and to implement measures to achieve the city’s solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989 as amended from time to time. [Ord. 96-6 § 2; Code 1990 § 5.1.302.]

8.30.480 Commercial refuse collection franchise.

A. The city council may award a franchise for refuse collection from commercial properties (including industrial, governmental, institutional, mobile home parks and all other nonresidential). Any such franchise shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of the franchise.

B. The franchise shall be granted on such terms and conditions as the city council shall establish in its sole discretion. At a minimum, the franchise shall provide as follows:

1. Commercial collection rates set according to different classes of commercial rates, based on volume, frequency of collection, and waste stream composition.

2. A franchise fee to be paid to the city for commercial franchises as a percentage of gross receipts. The percentage shall be adopted by the city council by resolution.

3. The franchisees shall be required to cooperate with the city in solid waste generation studies, waste stream audits, and implementing measures to achieve the city’s source reduction, recycling, and waste stream diversion goals mandated by the California Integrated Waste Management Act of 1989 as amended from time to time. [Ord. 96-6 § 2; Code 1990 § 5.1.303.]

8.30.490 Hazardous waste collection franchise.

A. The city council may award additional franchises for hazardous waste collection from commercial properties including industrial, governmental, institutional, and all other nonresidential properties. Such franchises shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of the franchise.

B. The franchise shall be granted on such terms and conditions as the city council shall establish in its sole discretion. Any such franchise shall be granted by the city council by resolution. [Ord. 96-6 § 2; Code 1990 § 5.1.304.]

8.30.500 Licenses.

No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, landfill, composting facility, or buy-back recycling center without a license issued by the city, upon satisfying all city requirements for land use and other approvals. Fees for such licenses shall be set by the city council by resolution. [Ord. 96-6 § 2; Code 1990 § 5.1.305.]

8.30.510 Liability for fees.

Every person required to arrange for refuse collection or the collection of recyclables or compostables shall be liable for the fees and charges for such collection, whether or not collection services are utilized, except as otherwise provided herein. [Ord. 96-6 § 2; Code 1990 § 5.1.306.]

8.30.520 Collection fees.

A. Every person in the city who has the occupancy, charge or control of any place or premises, with the exception of residential and commercial rental units, within the city, where any refuse accumulates, shall pay, or cause to be paid, to the city or its authorized contractor a fee in such amounts and in such manner as shall be established or required by resolution of the city council for the service of having such refuse collected and removed from the place or premises. In the case of residential and commercial rental units, the property owner of record shall be primarily responsible for payment of the fees established by resolution. For residential and commercial rental units, the occupant, user, or person who controls or rents the unit shall have secondary responsibility for payment of the fees.

B. Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of refuse collection fees are made by a tenant or tenants, or any agent, in behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to make payment to the city or its contractor.

C. All fees for the residential service shall be due and payable monthly in advance of the period for which the service is to be rendered, and become delinquent upon the tenth day of the month next succeeding the period for which the bill was rendered. Or, the council may choose to place all fees on property tax bills.

D. Commercial refuse service shall be a mandatory service and fees shall be payable following the period for which the service was rendered, and become delinquent upon the tenth day of the month next following the period for which the bill was rendered. Payment for service shall be made to the contractor. [Ord. 96-6 § 2; Code 1990 § 5.1.307.]

8.30.530 Fees to be based on types of service – Types of services defined.

The fees to be paid for the service of having refuse, garbage and recyclables collected and removed by occupants or other persons having charge or control of any place or premises in the city shall be based on the type of occupancy and use of the place or premises in the city. The different services are defined as follows:

A. Residential Service. Curbside service for single-family dwellings or multifamily units with four or less dwellings. Collection shall be manual or with automated equipment using 35- to 95-gallon containers.

B. Commercial Service. Service provided to premises upon which is located any type of business requiring a business license under provisions of this code or other ordinances of the city, and to multifamily dwellings and mobile home parks. Collection shall be with contractor-furnished bins and automated loading equipment. [Ord. 96-6 § 2; Code 1990 § 5.1.308.]

8.30.540 Mobile home parks and trash collection.

The city of Calimesa has addressed this issue in Chapter 9.05 CMC, which indicates that park owners may charge residents separately for refuse services or incorporate it into the rent. If the service was heretofore incorporated into the monthly rent and the park owner desires to extract this service from rent and bill separately then, the rent charged to the coach owner must be reduced by the same initial amount. [Ord. 96-6 § 2; Code 1990 § 5.1.309.]

8.30.550 Refuse collection fee a debt.

The refuse collection fee shall be a civil debt owing or due to the city or its authorized agent or contractor from the occupant or property owner required to have service under this chapter.

If an invoice for refuse collection service is unpaid 30 days after mailing, a penalty of 10 percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full.

The city or its authorized agent or contractor may pursue collection of delinquent accounts through collection agencies, small claims courts, or any other means provided by law.

If court action is taken to enforce nonpayment of charges, the occupant or property owner shall pay all reasonable attorneys’ fees and costs incurred by the city and/or by its authorized agent or contractor. [Ord. 96-6 § 2; Code 1990 § 5.1.310.]

8.30.560 Collection procedure for delinquent account – Creation of lien.

Any fees authorized pursuant to this chapter which remain unpaid after the delinquent date as set forth herein may be collected by the city as provided in this section.

A. The city council shall cause a report of delinquent refuse fees to be prepared periodically. The council shall fix a time, date and place for a hearing and report and any objections or protests thereto.

B. The city council shall cause notice of hearing to be mailed to the property owners listed on the report not less than 15 days prior to the date of the hearing.

C. At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

D. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administration costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment. [Ord. 96-6 § 2; Code 1990 § 5.1.311.]

8.30.570 Containers – Location.

It is the duty of every person in possession, charge, or control of any place within the city in or from which refuse accumulates or is produced to keep in a suitable place readily accessible to the collection containers capable of holding without spilling all refuse which would ordinarily accumulate on the premises between the time of two successive collections. [Ord. 96-6 § 2; Code 1990 § 5.1.401.]

8.30.580 Use of containers.

A. Every person who is in charge of residential or commercial premises shall deposit or cause to be deposited all refuse and/or recyclables in standard containers or bins as approved by the city manager and the collector.

B. No container shall exceed 36 gallons in size or have a loaded weight in excess of 55 pounds, except where mechanical loading systems are utilized.

C. No person shall maintain or place for collection any container not in conformance with the standard container or bin designated by the city.

D. No container shall be placed adjacent to a street or public right-of-way for collection service more than 24 hours prior to the normal collection time. Containers shall be removed from the street or right-of-way location within 12 hours after collection.

E. Dead animals and bulky waste shall not be set out for collection. Bulky waste shall be collected only during annual cleanups or by contractual arrangements between the resident or business and the contractor.

F. Tree trimmings and brush shall be cut into four-foot lengths and tied bundles of not larger than 24 inches in diameter for ease in pickup.

G. All residential solid waste must be placed out at the curb pickup site by 6:00 a.m. on the designated pickup day.

H. It shall be the duty of every person served to keep the refuse receptacle used in the service of such person in a clean and sanitary condition.

I. Any yard waste must be placed in a separate container, as specified by the city manager. [Ord. 96-6 § 2; Code 1990 § 5.1.402.]

8.30.590 Unlawful acts.

It is unlawful for any person to place refuse in or to otherwise use the refuse containers of another person. [Ord. 96-6 § 2; Code 1990 § 5.1.403.]

8.30.600 Frequency of removal.

A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.

B. Every person in charge of commercial food preparation establishments shall cause all refuse to be removed from the property not less frequently than twice a week.

C. The city manager may specify the frequency of collection of refuse created, produced, or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.

D. Collection shall be made only between the hours of 6:00 a.m. and 5:00 p.m. of any day, Monday through Saturday. Commercial pickup may begin at 5:00 a.m. Earlier pickup times may be authorized only upon prior written approval of the city manager, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.

E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety, or the environment, which may develop in any specific area as a result of solid waste collection, the city manager may regulate the routes, intervals, delivery points and times for collection by all contractors operating within the city. [Ord. 96-6 § 2; Code 1990 § 5.1.501.]

8.30.610 Containers – Located for collection.

During the hours for collection, residential containers shall be placed at the curb or right-of-way for collection and shall be accessible for mechanized pickup. Commercial bins shall be accessible to the collector. [Ord. 96-6 § 2; Code 1990 § 5.1.502.]

8.30.620 Holidays.

A. For the purposes of this chapter, the following days shall be holidays:

1. New Year’s Day (January 1st).

2. Memorial Day (fourth Monday in May).

3. Independence Day (July 4th).

4. Labor Day (first Monday in September).

5. Thanksgiving Day (fourth Thursday in November).

6. Christmas Day (December 25th).

Whenever New Year’s Day, Independence Day or Christmas Day falls on a Sunday, the holiday shall include the following Monday. Additional holidays will be observed whenever landfills are closed by the appropriate government agencies.

B. In the event the holiday falls on a normal collection day, the collector shall make adequate provisions for the collection of solid waste to be made at least once during the week in which the holiday occurs. Such collection of solid waste after the holiday may be delayed one day for the remainder of the week. [Ord. 96-6 § 2; Code 1990 § 5.1.503.]

8.30.630 Use of containers.

The keeping of refuse in containers or bins other than those prescribed by this chapter or the keeping upon premises of refuse which is offensive, obnoxious, or unsanitary is unlawful, constitutes a public nuisance and may be abated in the manner now or hereafter provided by law for the abatement of nuisances. [Ord. 96-6 § 2; Code 1990 § 5.1.601.]

8.30.640 Removal of refuse.

No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge for storage or collection shall remove any refuse or recyclable waste material from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without prior written approval of the person in charge of such premises. [Ord. 96-6 § 2; Code 1990 § 5.1.602.]

8.30.650 Bulky waste.

No person shall place bulky waste adjacent to a street or public right-of-way for collection or removal purposes without prior approval and arrangements with the collector. [Ord. 96-6 § 2; Code 1990 § 5.1.603.]

8.30.660 Containers intended for public use.

It is unlawful for any person to place or deposit residential, institutional, commercial, industrial, special, or hazardous waste in any container placed in the public street or public park by public authority, and meant primarily for the disposal of refuse by pedestrians using the sidewalk or persons using the park facilities. [Ord. 96-6 § 2; Code 1990 § 5.1.604.]

8.30.670 Refuse burning.

No person shall burn any refuse within the city, except in an approved incinerator or transformation facility or other device for which a permit has been issued by the appropriate public official, and which complies with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules, and regulations. [Ord. 96-6 § 2; Code 1990 § 5.1.605.]

8.30.680 Franchise – Applicability.

At such times as one or more franchises for collection covering all or part of the city is in force, it shall be unlawful for any person, other than the franchisee or its agents and employees, to collect any refuse or recyclable waste material for hire from premises covered by the franchise. This section shall not, however, be deemed to apply to the following persons:

A. Any persons engaged in the nursery or gardening business and collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris;

B. Any person removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris from any property owned or occupied by the person; or

C. Hazardous or special waste haulers. [Ord. 96-6 § 2; Code 1990 § 5.1.606.]

8.30.690 Unauthorized removal.

It is unlawful for any person, other than a person holding a permit or franchise for the collection of rubbish, to take, remove, or appropriate for his/her own use any refuse or recyclable waste material which has been placed in any street or alley for collection or removal, whether the refuse is so placed in regular containers or not. [Ord. 96-6 § 2; Code 1990 § 5.1.607.]

8.30.700 Public nuisance.

It is unlawful, and a public nuisance, for any person to occupy, inhabit, or maintain any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regular refuse removal services. [Ord. 96-6 § 2; Code 1990 § 5.1.608.]

8.30.710 Special collections.

The city council may authorize, and subscribers to a refuse collection service may order, special collections of such things as discarded furniture, white goods, Christmas trees, and other items too large to fit in standard containers; citywide cleanups; and household hazardous waste round-ups, subject to city council approval, and the payment of rates established by the city council, by resolution. [Ord. 96-6 § 2; Code 1990 § 5.1.701.]

8.30.720 Contractor equipment.

Each contractor shall provide sufficient collection equipment in accordance with the terms of the contract with the city authorizing such contractor to provide collection, transfer, and disposal services. [Ord. 96-6 § 2; Code 1990 § 5.1.801.]

8.30.730 Trucks – Standards.

Any truck used for the collection or transportation of waste matter shall be leakproof and equipped with a close-fitting cover which shall be affixed in a manner that will prevent spilling, dropping, or blowing of any refuse upon the public right-of-way during collection or transportation. [Ord. 96-6 § 2; Code 1990 § 5.1.802.]

8.30.740 Trucks – Maintenance.

All trucks used for collection or transportation of refuse shall be maintained in a clean and sanitary condition, neatly and uniformly painted, and shall carry a shovel, broom, and fire extinguisher. [Ord. 96-6 § 2; Code 1990 § 5.1.803.]

8.30.750 Trucks – Identification.

The owner of each truck used for collection or transportation of refuse shall have the owner’s name, telephone number, and truck number printed on each side of all trucks in letters not less than five inches high. [Ord. 96-6 § 2; Code 1990 § 5.1.804.]

8.30.760 Trucks – Cleaning.

All refuse-conveying trucks shall be washed, cleaned, and disinfected both on the inside and outside at least weekly, or more frequently if necessary to protect public health. The outside of all such trucks shall be kept free from refuse at all times. [Ord. 96-6 § 2; Code 1990 § 5.1.805.]

8.30.770 Containers – Condition.

The collector shall maintain in good repair and, as necessary, replace containers and bins furnished to customers. Containers shall be cleaned, as necessary, to control vector problems. [Ord. 96-6 § 2; Code 1990 § 5.1.806.]

8.30.780 Trucks – Noise.

The noise level for the collection vehicles during the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the collection vehicle and at an elevation of five feet from the horizontal base place of such vehicles. [Ord. 96-6 § 2; Code 1990 § 5.1.807.]

8.30.790 Authorized dump sites.

Each person, firm, or corporation collecting and disposing of solid waste refuse shall deposit such solid waste only at disposal or dumping sites, recycling or composting facilities as approved by the city manager, and shall not deposit, leave, dump, drop, place or otherwise dispose of such refuse or other waste upon any street, alley, waterway, or other unauthorized or unimproved lot or any other place within the city. Such person, firm, or corporation shall report the type, quantity, volume, and weight of refuse removed to the city manager, at such times as the manager may specify. [Ord. 96-6 § 2; Code 1990 § 5.1.901.]

8.30.800 Spills.

In transporting refuse any person, firm, or corporation shall take any and all necessary steps to guarantee that refuse is not scattered. Each person, firm, or corporation shall be responsible for cleaning up refuse spilled or dumped during removal or transport within the city. [Ord. 96-6 § 2; Code 1990 § 5.1.902.]

8.30.810 Misdemeanor.

Violation of this article shall be a misdemeanor. [Ord. 96-6 § 2; Code 1990 § 5.1.903.]

8.30.820 Ownership of recyclable waste material.

Upon placement of recyclable waste material at a designated recycling collection location for collection by an authorized recycling contractor, the recyclable waste material shall become the property of the authorized recycling contractor. [Ord. 96-6 § 2; Code 1990 § 5.1.1001.]

8.30.830 Unauthorized collection prohibited.

No person, other than the city or its authorized recycling contractor, shall remove recyclable waste material which has been placed at a designated recycling collection location. Any and each such collection in violation hereof from one or more designated recycling collection locations shall constitute a misdemeanor and a separate and distinct offense punishable in accordance with CMC 8.30.920. [Ord. 96-6 § 2; Code 1990 § 5.1.1002.]

8.30.840 Right of individual to dispose of recyclable material.

Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclable waste material; provided, that any such disposal is in accordance with the provisions of this chapter. [Ord. 96-6 § 2; Code 1990 § 5.1.1003.]

8.30.850 Enforcement – Authority.

The city manager or his designee shall have the authority to enforce the provisions of this article. This authority shall be in addition to the authority granted to peace officers pursuant to the municipal code. [Ord. 96-6 § 2; Code 1990 § 5.1.1004.]

8.30.860 Civil action by authorized recycling contractor.

Nothing in this chapter shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates CMC 8.30.830, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. [Ord. 96-6 § 2; Code 1990 § 5.1.1005.]

8.30.870 Unlawful dumping.

A. It shall be unlawful for any person to place, deposit or dump solid waste of any kind whatsoever upon any property within the city, or to cause, suffer or permit such solid waste to be placed, deposited or dumped upon any property in the city, without first having obtained a conditional use permit pursuant to the zoning laws of the city, as now or hereinafter amended, or pursuant to any other zoning law that may be hereinafter adopted in the place and stead of said zoning laws of the city.

B. The identity of any person or business which has placed, deposited or dumped solid waste in violation of this provision, and ownership thereof may be presumptively established if the city manager, or his designee, finds and determines that at least three separate pieces of such illegally disposed-of waste deposited on a public or private property irrefutably provide the name and address and other information sufficient to identify a particular individual or business as the source of the illegally disposed-of waste. The presumption of ownership may be rebutted by testimony or other proof, and it shall be a defense hereto where it can be established that the waste was properly disposed of but intercepted, removed or otherwise under the control of others at the time it was illegally disposed of. Upon written citation by the city manager or his designee, the presumptive owner of the illegally disposed-of waste shall, within the reasonable time as determined by the city manager in the citation, remove the same or cause the same to be removed, or appear before the city manager or his designee at the time and place set forth in the citation, to show cause why such presumptive owner of such illegally disposed-of waste should not be further prosecuted for such illegal conduct.

C. This section is not intended to preempt or supersede the provisions of California Penal Code Section 374.3, but merely to establish a presumption of ownership of illegally disposed-of waste and a citation process on which further prosecution may be based for the identification of the source of illegally disposed-of waste. [Ord. 99-12 § 2; Ord. 96-6 § 2; Code 1990 § 5.1.1101.]

8.30.880 Nuisance vehicles – Illegal dumping.

A. Definitions.

“Bulky item” means any discarded furniture, home or industrial appliance, abandoned vehicle or a part of an abandoned vehicle.

“Driver” means any person who drives a motor vehicle.

“Hazardous waste” means any waste as defined in California Health and Safety Code Section 25117.

“Illegal dumping” means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. “Illegal dumping” does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers and magazines, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.

“Seizure” means towing and storage of the vehicle preliminary to forfeiture.

“Solid waste” means all putrescible and nonputrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes; dewatered, treated or chemically fixed sewage sludge which is not hazardous waste; manure; vegetable or animal solid and semi-solid wastes; and other discarded solid and semi-solid wastes. Solid waste does not include hazardous waste.

“Vehicle” means any transportation device that requires the driver to have in his or her immediate possession a valid driver’s license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.

B. Nuisance Vehicles.

1. Any vehicle used for illegal dumping is declared a nuisance, and the vehicle shall be enjoined and abated as provided by this section.

2. Any vehicle used to transport any bulky item, any hazardous waste or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided by this section.

3. Any person or his or her servant, agent, or employee who owns, leases, possesses, or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.

C. Title to Vest in the City. All right, title and interest in any vehicle described in subsection (B) of this section shall vest in the city upon commission of the act giving rise to the nuisance under this section.

D. Seizure of Vehicle.

1. A peace officer or authorized public officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the vehicle.

2. A peace officer or authorized public officer may seize a vehicle subject to forfeiture under this section without a court order in any of the following circumstances:

a. Incident to an arrest or search under a search warrant.

b. There is probable cause to believe the vehicle was used in violation of this section.

3. A peace officer or authorized public officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was removed.

4. An immediate investigation shall be made by the Calimesa police department or other public agency making the seizure as to any potential claimant to the seized vehicle whose right, title, interest or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The Calimesa police department or other public agency shall send a notice of seizure within two business days of the vehicle’s seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure. The notice of seizure shall include the following:

a. The name, address and telephone number of the agency providing the notice;

b. The authority and reason for the seizure;

c. A statement that in order to receive a post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within 10 calendar days of the date of the notice; and

d. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

5. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (D)(4) of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

6. A vehicle seized pursuant to this section, where appropriate, may be held as evidence in any proceeding brought by the city attorney or district attorney.

E. Forfeiture and Notice of Intended Forfeiture of Vehicle.

1. The city attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.

2. If the city attorney determines that the factual circumstances do warrant that the vehicle described in subsection (B) of this section is subject to forfeiture, the city attorney shall serve a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the superior court of Riverside County, to be served pursuant to subsection (E)(3) of this section upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within one year of the seizure of the vehicle subject to forfeiture. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form and directions for the filing and service of a claim.

3. The notice of intended forfeiture shall be served as follows:

a. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to subsection (D)(4) of this section.

b. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:

i. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

ii. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

c. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

d. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Riverside County newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

F. Claim Opposing Forfeiture and Court Proceedings.

1. A person claiming an interest in the vehicle seized pursuant to this section and subsection (B) of this section must, within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of publication of the notice of intended forfeiture, file with the superior court in the county in which the vehicle was seized, a claim opposing forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his, her or its interest in the vehicle. An endorsed copy of the claim shall be served upon the city attorney within 10 calendar days of the filing of the claim.

2. If a verified claim is timely filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The city attorney shall file a petition for forfeiture with the court within 10 calendar days of service of the claim upon the city attorney. A copy of the petition shall be served upon the claimant.

3. The hearing shall be before the superior court of Riverside County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.

4. With respect to vehicles described in subsection (B) of this section for which forfeiture is sought and as to which forfeiture is contested, the city attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in subsection (B) of this section.

5. Upon proof that the vehicle was used for any of the purposes set forth in subsection (B) of this section, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in subsection (G) of this section. The court may make a different distribution of the proceeds if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section.

6. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney shall be distributed in accordance with subsection (F) of this section. The city attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

G. Disposal of Vehicle and Distribution of Proceeds.

1. In all cases where vehicles seized pursuant to this section are forfeited to the city, the vehicles shall be sold or, if cash is paid as a settlement in lieu of forfeiture of the vehicle, then the proceeds of sale shall be distributed and appropriated as follows:

a. To the bona fide or innocent purchaser, conditional vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the court or city attorney declaring the forfeiture orders a distribution to that person.

b. To the city to pay costs associated with the towing, storage and release of any vehicle seized under this section.

c. To the city to pay for all expenditures made or incurred by it in connection with the publication of the notices and the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this section.

2. The remaining funds shall be distributed as follows:

a. To the city, for all expenditures other than personnel costs made or incurred by the city attorney in connection with the enforcement of this section, including, but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from the enforcement of this section, and costs of publication of notices set forth in subsection (E) of this section.

b. To the city, for all expenditures other than personnel costs made or incurred by local law enforcement in connection with enforcement of this section, including but not limited to costs for equipment, investigation and supplies related to enforcement of this section.

c. To the general fund of the city.

3. For budgeting purposes, funds attributable to this section shall not be considered anticipated revenue into the general fund.

4. The funds distributed to the city pursuant to this subsection (G) shall not supplant any funds that would, in the absence of this subsection (G), be made available to support the law enforcement and prosecutorial efforts of this agency.

H. Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section, shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of towing, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.

I. Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section. [Ord. 213 § 2, 2004; Code 1990 § 5.1.1101A.]

8.30.890 Enforcement and penalties.

A. Pursuant to California Penal Code Section 836.5, the city manager and any municipal code enforcement officer are hereby authorized to enforce the provisions of this article as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374.4d, 374.7 and 375; California Government Code Section 68055 et seq. and California Vehicle Code Sections 23111 and 23112.

B. The failure to appear as required by the lawful citation of the city manager, or his designee, issued pursuant to CMC 8.30.870(B) shall be punishable as an infraction. Each infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail. However, any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation.

C. The city manager, or his designee, is authorized by the city council to issue citations pursuant to CMC 8.30.870(B). [Ord. 99-12 § 3; Ord. 96-6 § 2; Code 1990 § 5.1.1102.]

8.30.900 Special permits in hardship cases.

Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this article with respect to any particular premises, special written permits authorizing variations from the provisions of this article may be granted subject to such terms and conditions as deemed necessary to protect the public health and safety so that the spirit of this article shall be observed, public health and safety secured and substantial justice done.

A. Variance to Container Size for Residential Use. In cases where the property consists of large parcels over two and one-half acres or where the lot is extremely removed from the street, a variance may be granted waiving the placement of standard containers; provided, that:

1. The containers are screened from the street by masonry as required by the city of Calimesa planning division design standards.

2. The city’s code compliance officer validates the necessity of such a variance.

3. A fee of $18.00 per year be paid to the city for initial verification of the variance and yearly inspection.

B. Variance to Economically Disadvantaged. Residents who fall into this category may apply for a reduced rate on the basis that they qualify for a “life line” rate for either the telephone service company or the electric utility company. The reduced rate established for this category shall be set by resolution of the city council. [Ord. 96-6 § 2; Code 1990 § 5.1.1201.]

8.30.910 Responsibility.

Until picked up by a collector, each person shall be responsible for the cleanup of any and all refuse which that person has generated, dumped, spilled, or otherwise loosed or littered, notwithstanding human or animal interference with bins or containers (whether or not standard containers were used), wind or other natural forces, and whether during storage, collection, removal, or transfer. The city or contractor shall be responsible for any refuse spilled during its storage, collection, removal, or transfer. [Ord. 96-6 § 2; Code 1990 § 5.1.1301.]

8.30.913 Mandatory commercial/multifamily recycling.

In the event of a conflict between the requirements set forth in this section and the requirements set forth in the other sections of this chapter, the other sections shall control.

A. A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services by subscribing to the city’s franchisee for the pick-up of recyclable materials. For purposes of this section, “business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

B. A business subject to subsection (A) of this section and that provides customers access to the business shall provide, on or before July 1, 2020, customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that fulfills all of the following requirements:

1. Is adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms.

2. Is visible and easily accessible.

3. Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the city’s solid waste ordinances and practices.

Full-service restaurants are exempt from the requirements of this subsection (B) if the full-service restaurant, on or before July 1, 2020, 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. For purposes of this section, “full-service restaurant(s)” shall mean an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:

1. The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.

2. The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned eating area.

3. The food and beverage orders are delivered directly to the consumer.

4. Any requested items associated with the consumer’s food or beverage order are brought to the consumer.

5. The check is delivered directly to the consumer at the assigned eating area.

For a park that is subject to subsection (A) of this section, this subsection (B) shall apply on and after January 1, 2022.

C. The city may charge and collect a fee from any business that fails to comply with this section in order to recover the costs incurred in enforcing compliance with this section. [Ord. 381 § 2, 2021.]

8.30.914 Mandatory commercial/multifamily organics recycling.

In the event of a conflict between the requirements set forth in this section and the requirements set forth in the other sections of this chapter, the other sections shall control.

A. A business that generates two cubic yards or more of commercial solid waste per week shall arrange for recycling services specifically for organic waste by subscribing to the city’s franchisee for the pick-up of organic materials. For purposes of this section, “business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

B. A business subject to subsection (A) of this section and that provides customers access to the business shall provide, on or before July 1, 2020, customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements:

1. Is adjacent to each bin or container for trash other than recyclable organic waste, except in restrooms.

2. Is visible and easily accessible.

3. Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the city’s solid waste ordinances and practices.

For a park that is subject to subsection (A) of this section, this subsection (B) shall apply on and after January 1, 2022.

C. When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section.

D. The city may charge and collect a fee from any business that fails to comply with this section in order to recover the city’s costs incurred in enforcing compliance this section.

E. A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this section. [Ord. 381 § 2, 2021.]

8.30.915 Organics waste disposal and diversion.

In the event state and/or federal law or regulations are implemented which are more stringent or comprehensive than the requirements of this chapter related to organic waste disposal and/or diversion, all residents and/or businesses, as applicable, shall be responsible for complying with those requirements. [Ord. 381 § 2, 2021.]

8.30.920 Violation.

Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in Chapter 1.20 CMC. [Ord. 96-6 § 2; Code 1990 § 5.1.1401.]