Chapter 5-4 REFUSE COLLECTION AND RECYCLING

“Franchisee” means any person or entity, or the agents or employees thereof, with whom the City shall have duly entered into a franchise agreement for refuse collection and disposal, and for yard and wood waste, recyclables, and bulky items collection, processing, marketing and diversion, under terms and conditions negotiated and contained in such franchise agreement.

“Refuse” means all garbage, trash, and rubbish, excluding recyclables, yard and wood waste, and bulky items that are diverted.

“Premises” means all real property and/or any improvements situated thereon.

5-4-105 Placing incinerators, refuse and refuse containers on public property or public place.

Except as provided by this Chapter, no person shall place, deposit or keep any incinerator, refuse or refuse container or receptacle on any sidewalk, street, alley, public way or public property.

5-4-110 Placing refuse on private property – Burial of refuse.

Except as provided in this Chapter, no person shall place, deposit or keep any refuse on any premises, other than that upon which it was produced, or bury any refuse.

5-4-115 Storage of refuse.

Except as provided in this Chapter, no person in possession, charge or control of any premises shall place, deposit or keep any refuse thereon except in suitable containers; provided, however, that garden refuse may be kept in a small pile or as a compost heap.

5-4-120 Accumulation of refuse.

Except as provided in this Chapter, no person in possession, charge or control of any premises shall suffer, allow or permit to accumulate, collect or remain thereon any refuse. All refuse must be removed from any premises within the time and manner as provided in this Chapter.

5-4-125 Removal of accumulated refuse after notification.

Any person in the possession, charge or control of any premises who shall fail to cause all refuse which is or becomes a menace to health or a fire hazard or otherwise dangerous or offensive to be removed therefrom within twenty-four (24) hours after having received written notice to do so by the Fire Chief or the Director of Public Works of the City shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed one (1) year or by both such fine and imprisonment.

5-4-130 Refuse containers – Use required.

(A) No person shall place, deposit, or keep refuse on any premises except in containers or as otherwise provided in this Chapter.

(B) Maximum Weight of Filled Containers. No person shall fill a container for solid waste or recyclables so as to exceed sixty (60) pounds in weight when filled.

(C) Source Separation. All persons shall separate all recyclables from other solid waste generated at their premises and shall place the recyclables into a different container as provided by the holder of the franchise so as to facilitate segregation at a material recovery facility. An owner or agent of an owner of a multifamily rental housing property with three (3) or more units shall comply with its separation responsibilities by establishing a collection and storage system at each property.

(D) Household Hazardous Waste. Every person shall separate household hazardous waste from solid waste and recyclables and shall dispose of it only at a household hazardous waste collection facility or through programs specifically provided by the franchise collector or the City to collect household hazardous waste.

5-4-135 Refuse containers – Items prohibited therein.

No person shall place, deposit, or keep in any refuse container any of the following: dead animals, or any refuse from any premises where any infectious or contagious disease has prevailed. The person in possession, charge, or control of any premises wherein or whereon such items are located shall forthwith notify the Director of Public Works (DPW) and shall dispose of the same as directed by the DPW.

5-4-140 Burning of refuse.

No person shall:

(A) Burn refuse on any sidewalk, street, alley, public way or public property.

(B) Burn garbage.

(D) Kindle or maintain any bonfire or rubbish 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 without consent of the Monterey Bay Area Air Pollution Control District, unless:

(1) A permit is first obtained from the Fire Chief. The Fire Chief shall fix the term of any such permit, which shall not exceed one (1) year from the date of issuance, shall fix the hours during which burning shall be permitted and such other terms as may be necessary to reduce fire hazards and prevent fire from spreading.

(2) The fire is contained in an approved waste burner; or the fire is constantly attended by a competent person until the same is extinguished. Any such person shall have a garden hose connected to a water supply sufficient to extinguish the fire, or other fire extinguishing equipment readily available for use.

The Fire Chief may prohibit any and all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.

5-4-145 Litter.

No person shall throw, place, deposit or dump, or cause to be thrown, placed, deposited or dumped, any refuse on any sidewalk, street, alley, public way, public place or public property, or any premises without the consent of the person in possession, charge or control of the premises.

5-4-150 Garden refuse – Placement for disposal – On street and sidewalk area.

Repealed by Ord. 2003-06.

5-4-155 Tree surgeons and professional tree trimmers.

Tree surgeons and professional tree trimmers shall haul away and dispose of all tree trimmings and other garden refuse accumulations by them.

5-4-160 Placement of garden refuse.

Repealed by Ord. 2003-06.

5-4-165 Method of placing weeds, vines, grass clippings, etc., and designation of area when streets are paved – Temporary containers not returnable.

Repealed by Ord. 2003-06.

5-4-170 Method of placing weeds, vines, etc., and designation of area when streets not paved from gutter to gutter – Cardboard containers not returnable.

Repealed by Ord. 2003-06.

Article 2. Collections

5-4-200 Collection frequency and hours.

Repealed by Ord. 2003-06.

5-4-205 Collection – Rates.

Repealed by Ord. 2003-06.

5-4-210 Contract and permit for person to collect – Required – Surety bond.

Repealed by Ord. 2003-06.

5-4-215 Contract not assignable without consent of City Council – When permit is automatically cancelled.

Repealed by Ord. 2003-06.

5-4-220 Construction etc., of vehicles carrying garbage or refuse.

Repealed by Ord. 2003-06.

5-4-225 San Benito County dump required to be used.

Repealed by Ord. 2003-06.

5-4-230 City Council to arbitrate complaints against collector – Action which may be taken against collector.

Repealed by Ord. 2003-06.

5-4-235 Regular calls to be made by collector – Method of removal.

Repealed by Ord. 2003-06.

5-4-240 Mandatory refuse service required – Unlawful to hinder contractor.

(A) It shall be mandatory for all owners, occupants, or persons in possession, charge or control of all places and premises in the City, in or from which refuse is created, accumulated, or produced, to subscribe to, use, and pay for the franchisee’s refuse collection service in the manner and according to the terms and provisions of this Chapter, and in the manner and according to the terms and provisions of the current City-franchisee franchise agreement for refuse collection, and the failure to do so shall be unlawful; provided, that this subsection (A) shall not be applicable to an owner, occupant, or person, described in the first sentence of this subsection (A), who has opted out of mandatory refuse service and has demonstrated to the satisfaction of City either that no refuse is being generated on the premises, or that refuse is being timely removed from the premises and deposited and recycled at a permitted disposal or collection site.

(B) Residential, commercial, and industrial customers of the franchisee shall pay rates then in effect as established by the City-franchisee franchise agreement.

(C) It shall be unlawful for any person to hinder, threaten, impede or obstruct the franchisee in the performance of its duties in the City.

5-4-245 Collection – Reservation of right by City.

Repealed by Ord. 2003-06.

5-4-250 Collection – To be by City or by contract.

Repealed by Ord. 2003-06.

5-4-255 Unlawful to exceed designated prices.

Repealed by Ord. 2003-06.

5-4-260 Billing and delinquencies.

Repealed by Ord. 2003-06.

Article 3. Receptacles

5-4-300 Final decision of City Manager as to proper placing of receptacle for collection.

In all cases of disputes regarding placement of receptacles awaiting collection by the franchisee, the City Manager shall designate the location, consistent with the current City-franchisee franchise agreement.

5-4-305 Receptacles – General provisions.

Refuse receptacles shall be provided by contractor pursuant to the current City-franchisee franchise agreement. Persons utilizing the receptacles for refuse disposal on premises shall maintain the receptacles in a sanitary condition. Receptacles shall be placed for collection no earlier than 4:00 p.m. on the day preceding the collection day, and shall be removed following collection no later than 6:00 p.m. on collection day.

5-4-310 Separate receptacle to be maintained for rubbish and dirt.

Repealed by Ord. 2009-01.

Article 4. General Provisions

5-4-400 Enforcement.

The provisions of this Chapter shall be enforced by the City Manager or his designee.

An enforcement officer may enter upon any premises to ascertain the condition thereof.

Written notice shall be personally served on the person in possession, charge or control of any premises on which there is found any accumulation of refuse directing the collection and removal thereof within eight (8) days from and after the date of service of said notice, and if not so collected and removed the City shall collect and remove the same and the cost thereof shall be charged to the person in possession, charge or control of the premises.

No person shall deny or obstruct the making of any inspection or collection or removal.

5-4-405 Unlawful acts are misdemeanors – Punishment on conviction of a misdemeanor.

All acts which are declared by this Chapter to be unlawful are misdemeanors, and upon conviction of such unlawful act, the violator is subject to punishment by fine not to exceed one thousand dollars ($1,000), or by imprisonment in the County Jail not to exceed one (1) year, or by both fine and imprisonment.

Article 5. Recycling

5-4-500 Removal of recyclable materials.

(A) No person, other than the franchisee, shall remove recyclable materials, as defined in the current City-franchisee franchise agreement, that have been segregated and placed for collection.

(B) No person shall be subject to prosecution for violation of this Section, unless the person knows or should know that the materials would otherwise be collected by the franchisee for the purpose of recycling.

(C) From the time of placement for collection as specified in subsection (A) of this Section, the recyclable materials are the property of the franchisee.

(D) Recycling receptacles are subject to the provisions of SJBMC 5-4-305.

5-4-505 Franchises for collection of solid waste and recyclable materials.

(A) The City may determine, pursuant to State law, if a franchise for collection of solid waste, except for any materials to be reused or recycled, shall be awarded exclusively or nonexclusively and with or without competitive bidding. The City shall specify the duration of the franchise and shall establish by resolution an appropriate franchise fee.

(B) The City may grant nonexclusive collection franchises for disposal of solid waste in roll-off dumpsters and for commercial and construction and demolition recycling for collection of materials to be reused or recycled. The franchises are to be known as materials collection franchises and shall be granted subject to any franchise fees that may be established, from time to time, by resolution of the City Council. The City shall have the authority to grant nonexclusive collection franchises pursuant to the nonexclusive franchise agreement for collection of materials to be disposed from roll-off dumpsters and/or reused or recycled.

(C) It is unlawful for any person to engage in a commercial enterprise to collect solid waste or recyclables in the City limits unless the person has been granted a franchise by the City to collect solid waste and/or recyclables, or unless the person is exempt from the franchise requirement.

5-4-510 Building permits – Diversion plans.

No building permit shall be issued until a solid waste diversion plan has been submitted to and approved by the Building Official. Failure to submit a plan shall prevent the issuance of a building or demolition permit. Permittees are required to divert a minimum of fifty percent (50%) of their waste. Failure to divert fifty percent (50%) of the waste generated from a project will result in a penalty established by resolution of the City Council. Funds generated from any penalties collected will be set aside in a separate fund for waste diversion activities in the City of San Juan Bautista. Final occupancy or sign-off will not be issued until the permittee has submitted their waste diversion documentation (landfill and/or recycling receipts demonstrating diversion) and/or paid the penalty, if any, to the City of San Juan Bautista. A template to complete a solid waste diversion plan is available for permittee use.

Legislative History: Ords. 78-A (6/10/24), 94 (10/19/54), 111 (1/3/61), 160 (12/14/71), 161 (3/7/72), 205 (5/14/86), 93-6 (7/20/93), 2003-06 (12/16/03), 2009-01 (2/17/09).