Chapter 8.04
SOLID WASTE AND EDIBLE FOOD RECOVERY
Sections:
8.04.020 Accumulation of solid waste.
8.04.040 Collection – Exclusive right.
8.04.050 Collection – Interference prohibited.
8.04.060 Right to divert recyclables and organic materials.
8.04.070 Collection service requirements.
8.04.080 Commercial business requirements.
8.04.090 Waivers for commercial businesses.
8.04.100 Self-hauler requirements.
8.04.110 Franchised haulers and facility operators.
8.04.120 Commercial edible food generator requirements.
8.04.130 Food recovery organization and food recovery services requirements.
8.04.140 Enforcement and penalties.
8.04.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set forth herein:
A. “Authorized collector” means such persons, firms or corporations collecting and delivering for disposal, recycling or processing solid waste (other than solid waste generated by a permitted building project) originating in the city and doing so under a contract or franchise agreement with the city.
B. “Back-haul” means generating and transporting organic materials to a destination owned and operated by the generator using the generator’s own employees and equipment, as defined in 14 CCR Section 189881(a)(66)(A).
C. “CCR” means the California Code of Regulations.
D. “City manager” means the city manager of the city of Capitola, or their designee.
E. “Commercial business” or “commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily dwelling consisting of five or more units, or as further defined in 14 CCR Section 18982(a)(6). A multifamily dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
F. “Commercial edible food generator” means a tier one or tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). Food recovery organizations and food recovery services are not commercial edible food generators.
G. “Community composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4).
H. “Compost” means the product resulting from the controlled biological decomposition of organic waste.
I. “Construction and demolition debris” or “C&D” means used or discarded materials resulting from construction, renovation, remodeling, repair, demolition, excavation or construction cleanup operations on any pavement or structure.
J. “Disposal” means the final disposition of solid waste at a solid waste facility permitted for disposal.
K. “Diversion” means activities reducing or eliminating the amount of solid waste from solid waste disposal, and which return these materials to use in the form of raw materials for new, reused, or reconstituted products, which meet the quality standards necessary for commercial use, or for other purposes of reuse.
L. “Dwelling unit” means one or more rooms with internal access between all rooms, which provide complete independent living facilities for at least one family, including provisions for living, sleeping, eating, cooking, bathing, and sanitary facilities.
M. “Edible food” means food intended for human consumption, as further defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter, edible food is not solid waste if it is recovered and not discarded. Nothing in this chapter requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
N. “Excluded waste” means biohazardous or biomedical waste, hazardous waste, medical waste, regulated radioactive waste, waste that is volatile, corrosive, or infectious, waste treatment or processing sludge, contaminated soil and dirt, contaminated concrete, contaminated asphalt, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, any matter or materials which are not acceptable for disposal at a solid waste landfill as defined in California Integrated Waste Management Act as may be amended, and those wastes under the regulatory control of the Nuclear Regulatory Commission.
O. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food as part of food recovery either directly or through other entities as further defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
P. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, as further defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this chapter.
Q. “Food scraps” means food scraps and trimmings and other putrescible waste that result from food production, preparation, cooking, storage, consumption or handling. “Food scraps” includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste and grain waste. “Food scraps” does not include excluded waste.
R. “Garbage” means all solid waste attributed to normal activities of a dwelling unit or commercial business. Garbage does not include recyclable materials, organic materials, debris from construction and demolition, e-waste, universal waste, hazardous waste, household hazardous waste or excluded waste.
S. “Generators,” for the purpose of this chapter, means a person or entity, including commercial generators and residential generators, that is responsible for the initial creation of solid waste or organic materials at any premises, and includes “organic waste generator” as defined in 14 CCR Section 18982(a)(48).
T. “Organic materials” or “organic waste” means solid waste containing material originated from living organisms and their metabolic waste products, including but not limited to food scraps, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, as further defined in 14 CCR Section 18982(a)(46).
U. “Prohibited container contaminants” means (1) discarded materials placed in the designated recyclables container that are not identified as acceptable source separated recyclables for the authorized collector’s designated recyclables collection container; (2) discarded materials placed in the designated organic materials collection container that are not identified as acceptable source separated organic materials for the authorized collector’s designated organic materials collection container; and (3) discarded materials placed in the garbage container that are acceptable source separated recyclables and/or source separated organic materials to be placed in authorized collector’s designated organic materials collection container and/or designated recyclables collection container; and (4) excluded waste placed in any container.
V. “Recyclable materials” and “recyclables” means any material designated to be separated from the waste stream for purposes of recycling by the authorized collector in accordance with applicable law.
W. “Recycling” means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become garbage and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.
X. “Residential” means, for the purposes of this chapter, any premises consisting of between one and four dwelling units, and on-site domestic uses accessory to these dwelling units. A multifamily dwelling that consists of fewer than five dwelling units is a residential premises, for the purposes of this chapter.
Y. “Self-haul” means the act of hauling solid waste, organic waste or recovered materials that a person has themselves generated to another person for purposes of recovery or disposal. A “self-hauler” is any person who self-hauls waste that they have generated to another person for disposal or recovery, and also includes a person who back-hauls waste.
Z. “Solid waste” has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid and semisolid wastes, including garbage, recyclable materials, organic materials, construction and demolition wastes, bulky waste, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes with the exception that solid waste does not include any of the following wastes: (1) hazardous waste, as defined in the Public Resources Code Section 40141, (2) radioactive waste regulated pursuant to the State Radiation Control Law and (3) medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
AA. “Source separate” means the process of removing recyclable materials and organic materials from solid waste at the place of generation, prior to collection or self-hauling, as further defined in 14 CCR Section 17402.5(b)(4).
BB. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):
1. Supermarkets with gross annual sales of two million dollars or more.
2. Grocery store with a total facility size equal to or greater than ten thousand square feet.
3. Food service provider, which means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.
4. Wholesale food vendor, which means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
5. Food distributor, which means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
CC. “Tier two commercial edible food generator” means a commercial edible food generator that is one of the following as defined in 14 CCR Section 18982(a):
1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
2. Hotel with an on-site food facility and two hundred or more rooms.
3. Health facility with an on-site food facility and one hundred or more beds.
4. Large venue, which means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
5. Large event, which means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. (Ord. 1049 § 1, 2021)
8.04.020 Accumulation of solid waste.
A. It is unlawful for any person to deposit, keep or accumulate, or permit, cause or suffer, any solid waste to be deposited, kept or accumulated upon any lot or parcel of land, or public or private place, street, lane, alley or drive, unless the same is kept, deposited or allowed to accumulate as provided for in this chapter.
B. It is unlawful for the owner, occupant or person in charge of any premises to suffer, permit or allow any solid waste to remain in, on, or under such premises for a period of more than seven days, except as expressly provided for in this chapter.
C. It is unlawful for any person owning or controlling any dwelling, flat, boardinghouse, lodginghouse, restaurant, hotel, apartment or eating house, store, shop, office or office buildings to keep, accumulate, or permit to be kept or accumulated, any solid waste on or upon any lot or parcel of land, or upon any public or private place, street, lane, alley, or drive, unless the same is kept in watertight containers or receptacles constructed and maintained in a manner as provided in this chapter. Such containers shall either be provided by the authorized collector or commercially manufactured for such purpose.
D. It shall be the duty of every person in possession, charge or control of any premises upon which solid waste is produced to provide one or more containers of sufficient capacity to hold the accumulation of solid waste between the times for the collection of garbage and rubbish or self-hauling of such solid waste for disposal.
E. Containers shall be placed out of public view on noncollection days. The city manager shall have the authority to approve exceptions to this subsection. In no case shall containers be placed in the public right-of-way or in a manner that constitutes a hazard or danger to vehicular or pedestrian traffic. (Ord. 1058 § 2, 2023; Ord. 1049 § 1, 2021)
8.04.030 Prohibited disposal.
A. It is unlawful for any person to place, deposit, keep or bury any solid waste on, in, or under any premises, except in containers as provided in this chapter.
B. It is unlawful for any person to take any solid waste generated from a residence or commercial establishment and deposit such solid waste in any public refuse container, or in any privately owned container for collection of solid waste without the express consent of the person who owns the container or is paying for collection service pertaining to such container. A public refuse can is any container authorized or maintained by the city for the use of the general public and located upon any street, sidewalk, park or right-of-way within the city.
C. No person may dispose of waste matter in any dumpster without the express permission of the person or entity responsible for paying the charges for disposal of the contents of the dumpster. For purposes of this section: “waste matter” is defined in Penal Code Section 374(b); “dumpster” means any container, primarily made of metal, with a capacity of one cubic yard or greater and designed or used as a receptacle for the disposal of waste.
D. It is unlawful to burn any solid waste on any sidewalk, street, alley, public way or public property.
E. No person shall kindle or maintain any bonfire or garbage fire and no person in possession, charge or control of any premises shall authorize or permit any such fire to be kindled or maintained on said premises unless such fire is contained in a waste burner approved by the state and county air pollution control board. (Ord. 1049 § 1, 2021)
8.04.040 Collection – Exclusive right.
A. Except as set forth elsewhere in this chapter, the city, in order to more effectually promote and protect the public health and safety and reduce the danger and hazards of fire and conflagrations, reserves unto itself the right to collect, transport, haul and dispose of or cause to be collected, transported, hauled and disposed of, all solid waste produced or found within the corporate limits of the city. The city may, upon terms and conditions deemed to be in the public interest, authorize the award of a contract for collection and disposal of solid waste within the city. At all times where such contract is in force, it shall be unlawful for any person, firm or corporation, other than the authorized collector, to collect, transport, haul or dispose of any solid waste within or from the city except as expressly set forth elsewhere in this chapter.
B. No person other than the authorized collector shall place or service drop boxes, dumpsters, or debris boxes, or containers for collection and disposal of solid waste, anywhere within the jurisdictional limits of the city. Drop boxes, dumpsters and debris boxes may only be placed or serviced in the city by the city’s authorized collector.
C. The provisions of this section shall not apply to any person conveying solid waste collected outside the city nor to prohibit a person from exercising rights to self-haul solid waste to solid waste or other appropriate disposal facilities, nor the right to divert recyclable material or organic materials so long as the diversion otherwise complies with this chapter. (Ord. 1049 § 1, 2021)
8.04.050 Collection – Interference prohibited.
It is unlawful for any person, firm, or corporation, in any manner, to interfere with the collection, removal, or disposal of refuse or commercial rubbish by the authorized collector or city employees. (Ord. 1049 § 1, 2021)
8.04.060 Right to divert recyclables and organic materials.
A. Nothing in this chapter limits the right of any person to donate, sell, or otherwise recover their recyclable materials so long as the removal otherwise complies with this chapter.
B. Organic materials may be fed to animals on the premises where such organic materials are produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the city manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
C. Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. (Ord. 1049 § 1, 2021)
8.04.070 Collection service requirements.
A. Except for premises where the owners or occupants regularly self-haul all waste generated on the premises in accordance with Section 8.04.100, each owner and tenant of any premises, including all residential premises and commercial businesses, shall ensure that such premises is subscribed to solid waste collection service with the authorized collector as set forth herein.
B. Each person occupying any premises in the city shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. Generators shall adjust service levels for their collection services as requested by the city in order to meet the requirements to dispose of all solid waste generated on the premises at least weekly.
C. Each occupant of each premises shall source separate the solid waste generated and shall place source separated organic materials, including food scraps, in the organic materials collection container; and shall place source separated recyclable materials, as established by the authorized collector, in the recyclable material collection container; and shall place garbage in the garbage collection container.
D. No person shall place any prohibited container contaminant into any collection container serviced by the authorized collector.
E. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the city which is not subscribing to the solid waste collection service provided by the authorized collector. (Ord. 1049 § 1, 2021)
8.04.080 Commercial business requirements.
A. Each owner, operator, or manager of a commercial business shall ensure the proper separation of solid waste generated on such premises, as required by the authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site follow source separation requirements related to solid waste as required by the authorized collector. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall prohibit employees from placing materials in a container not designated for those materials, and shall periodically inspect containers for organic waste and inform employees of requirements to ensure such containers are only used for organic waste.
Commercial waste collection containers must be stored in designated enclosures to ensure that such containers are kept out of the public view and to ensure smells or other nuisance conditions associated with garbage and rubbish collection are mitigated. If siting constraints prohibit storage of commercial waste containers in designated enclosures, the city manager may approve an alternate location on the premises.
B. Each owner, operator, or manager of a commercial business shall supply an adequate number, size, and location of collection containers with sufficient labels or colors designating the appropriate material for deposit in accordance with source separation requirements of the authorized collector for the employees, contractors, tenants, and customers of the commercial business.
C. Each owner, operator, or manager of a commercial business shall annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
D. Each owner, operator, or manager of a commercial business shall provide educational information within fourteen days of occupation of the premises to any new tenants that describes requirements to keep source separated organic materials and source separated recyclable materials separate from garbage and the location of collection containers and the rules governing their use at each property.
E. Each owner, operator, or manager of a commercial business shall cooperate with the authorized collector’s monitoring program for inspection of the contents of containers for prohibited container contaminants.
F. Each owner, operator, or manager of a commercial business, except for multifamily dwellings, shall provide containers meeting the requirements of 14 CCR Section 18984.9 for the collection of source separated organic materials and source separated recyclable materials in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of container in all areas where disposal collection containers are provided for customers.
G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements in Section 8.04.100. (Ord. 1058 § 3, 2023; Ord. 1049 § 1, 2021)
8.04.090 Waivers for commercial businesses.
A. The city manager may grant waivers to commercial business for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the city manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests. Anyone granted a waiver shall provide written verification of eligibility for a waiver at least every five years, and shall notify the city if circumstances change such that they are no longer eligible for such waiver, in which case the waiver will be rescinded.
B. De Minimis Waivers. The city manager may waive obligations of a commercial business to comply with the collection service and source separation requirements of Section 8.04.080 if the commercial business meets the following requirements:
1. Submits an application specifying the type of waiver requested and provide documentation as described below.
2. Provides documentation that either:
a. The commercial business receives two or more cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than twenty gallons per week of the business’s total weekly solid waste collection service volume; or
b. The commercial business receives less than two cubic yards of weekly solid waste collection service and disposed organic materials subject to collection comprises less than ten gallons per week of the business’s total weekly solid waste collection service volume;
3. For the purposes of subsections (B)(2)(a) and (b) of this section, total weekly solid waste collection service shall be the sum of weekly garbage collection container volume, recyclable material collection container volume and organic materials collection container volume, measured in cubic yards.
C. Physical Space Waivers. The city may waive a property owner’s obligations to comply with the collection service and source separation requirements of Section 8.04.080 if presented evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with collection service requirements. A property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
2. Provide documentation that the premises lacks adequate space for the recyclable materials collection containers and/or organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer. (Ord. 1049 § 1, 2021)
8.04.100 Self-hauler requirements.
A. Any generator of solid waste may personally haul the same in a vehicle owned by, or in the lawful possession of, the generator of such solid waste, to a lawful disposal facility outside of the city limits, subject to the following requirements:
1. Self-haulers, including back-haulers, must source separate and transport organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials.
2. Self-haulers, including back-haulers, must source separate and transport recyclable materials to a solid waste facility, operation, activity, or property that processes or recovers those materials.
3. Self-haulers may avoid the obligation to source separate all organic materials and recyclables only if they haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
4. Self-haulers that are commercial businesses shall keep a record of the amount of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the city. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
b. The amount of material in cubic yards or tons transported by the generator to each entity.
B. Self-haulers must complete and retain on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be completed and remitted annually to the city manager.
C. This section is permissive and does not relieve any owner or occupants of property of the requirements of compliance with regular and routine disposal of all solid waste generated on the premises at least once per week as set forth in Section 8.04.020. Nothing in this chapter shall prohibit any generator from regularly disposing of garbage, recyclable material, or organic materials at an appropriate disposal or recovery facility, by self-hauling in a manner conforming to this section. (Ord. 1049 § 1, 2021)
8.04.110 Franchised haulers and facility operators.
A. Any authorized collector providing residential, commercial, or industrial organic materials collection services to generators within the city’s boundaries shall:
1. Provide written notice to the city annually on or before April 1st identifying the facilities to which they will transport solid waste including facilities for source separated recyclable materials and source separated organic materials.
2. Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR Division 7, Chapter 12, Article 2.
3. Obtain approval from the city to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.
4. Comply with other requirements contained within its franchise agreement.
B. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the city’s request, provide information within sixty days regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
C. Any person owning, managing, or otherwise responsible for a parcel upon which there is a community composting operation, shall within sixty days of a request by the city, provide information to the city as may be deemed necessary by the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. (Ord. 1049 § 1, 2021)
8.04.120 Commercial edible food generator requirements.
A. Tier one commercial edible food generators must comply with the requirements of this section January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. 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.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generators 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 the city’s enforcement officer to access the premises and review records required to be kept under 14 CCR Section 18991.4.
5. Keep records that include the following information as 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:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. 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.
D. Nothing in this chapter 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 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 1049 § 1, 2021)
8.04.130 Food recovery organization and food recovery services requirements.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators shall maintain the following records, as required by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators shall maintain the following records as required by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall annually report to the city the total pounds of edible food recovered in the previous calendar year from tier one and tier two commercial edible food generators no later than April 1st.
In order to support edible food recovery capacity planning assessments or other studies, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city upon request, regarding existing or proposed food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days unless a shorter time frame is otherwise specified by the city. (Ord. 1049 § 1, 2021)
8.04.140 Enforcement and penalties.
A. Any enforcement officer as defined in Section 4.02.021 shall have the duty and authority to enforce the provisions of this chapter.
B. No person shall deny or obstruct the making of any inspection or collection or removal.
C. Any person violating the provisions of this chapter shall be deemed to be guilty of an infraction. Any violation of this chapter shall be public nuisance and may be punished or enforced in accordance with the provisions of Chapters 4.16 and 4.18 of this code. Three or more subsequent violations of this chapter by the same person or persons within a twelve-month period may be charged and prosecuted as a misdemeanor. Any violation shall be subject to administrative citation and imposition of civil penalties under Chapter 4.14 of this code in the following amounts:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same provision of this code within any twelve-consecutive-month period;
3. A fine not exceeding five hundred dollars for each additional violation of the same provision of this code within any twelve-consecutive-month period. (Ord. 1049 § 1, 2021)