Chapter 7.12
ANTI-SCAVENGER ORDINANCE
Sections:
7.12.010 Definitions.
7.12.020 Permits required.
7.12.030 Criteria and standards.
7.12.031 Ownership of recyclable materials.
7.12.032 Unauthorized collection prohibited.
7.12.033 Destroying, scattering, or collecting recyclable materials without the consent of the resident of the premises or the authorized recycling contractor is prohibited.
7.12.034 Approved recycling container – Ownership and unauthorized removal.
7.12.035 Right of individual to dispose of recyclable material.
7.12.036 Civil action by authorized recycling contractor.
7.12.037 Violations and penalties.
7.12.010 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
A. A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
B. "Recyclable material" is reusable material including but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials, or furniture. Recyclable materials may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
C. A "recycling facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. Collection Facility. A collection facility is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in SMC 7.12.030. Collection facilities may include the following:
a. Reverse vending machines(s);
b. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
i. A mobile unit,
ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
iii. Kiosk type units which may include permanent structures,
iv. Unattended containers placed for the donation of recyclable materials;
c. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
2. Processing Facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing facility.
D. A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption recycling facility, multiple grouping of reverse vending machines may be necessary.
A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.
E. "Approved recycling container" means the containers, bag, box, or other container supplied by and/or identified by the city or the authorized recycling contractor or the donor of such recyclable materials as the container into which recyclable materials shall be placed and which shall be located at curbside.
F. "Authorized recycling contractor" means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable materials within the city limits.
G. "Recyclable materials" means materials such as, but not limited to, newspapers, glass, metal and aluminum cans, plastic bottles, corrugated cardboard, and used motor oil which are separate from other garbage or refuse for the purpose of recycling.
H. "Recycling" means the process of collecting and turning used products into new products by reprocessing or manufacturing them. (Ord. 91-17 § 2, 1991; Ord. 87-10 § 1, 1987).
7.12.020 Permits required.
No person shall permit the placement, construction or operation of any recycling facility without first obtaining a use permit. Recycling facilities are permitted only in commercial zones. Processing facilities as defined in this chapter are conditionally permitted in industrial zones only. (Ord. 87-10 § 2, 1987).
7.12.030 Criteria and standards.
Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards; provided, that the planning commission or city council may relax such standards or impose stricter standards as an exercise of discretion upon finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this title. The criteria and standards for recycling facilities are as follows:
A. Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require use permits. Reverse vending machines may be permitted in all commercial zones with a use permit; provided, that they comply with the following standards:
1. Shall be established in conjunction with a commercial user community service facility which is in compliance with the zoning, building and fire codes of the city;
2. Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
3. Shall not occupy parking spaces required by the primary use;
4. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
5. Shall be constructed and maintained with durable waterproof and rustproof material;
6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
7. Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;
8. Shall be maintained in a clean, litter-free condition on a daily basis;
9. Operating hours shall be at least the operating hours of the host use;
10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
B. Small Collection Facilities. Small collection facilities may be sited in commercial zones with a use permit; provided they comply with the following conditions:
1. Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;
2. Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
3. Shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation;
4. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Sonoma County public health official;
5. Shall use no power-driven processing equipment except for reverse vending machines;
6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of materials and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;
7. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;
8. Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
9. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;
10. Facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;
11. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
13. The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto;
14. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;
15. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
16. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
a. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,
b. A parking study shows that existing capacity is not already fully utilized during the time the recycling facility will be on the site,
c. The permit will be reconsidered at the end of 18 months.
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
For a commercial host use:
Number of Available Maximum
Parking Spaces Reduction
0 – 25 0
26 – 35 2
36 – 49 3
50 – 99 4
100 + 5
For a community facility host use: A maximum five spaces reduction will be allowed when not in conflict with parking needs of the host use;
17. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.
C. Large Collection Facilities.
1. Facility does not abut a property zoned or planned for residential use;
2. Facility will be screened from the public right-of-way by operating in an enclosed building or:
a. Within an area enclosed by an opaque fence at least six feet in height with landscaping,
b. At least 150 feet from property zoned or planned for residential use, and
c. Meets all applicable noise standards in this chapter;
3. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;
4. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the local fire and/or health official. No storage containers, excluding truck trailers and overseas containers, will be visible above the height of the fencing;
5. Site shall be maintained free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis;
6. Space will be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable material, except where the planning commission determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;
7. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;
8. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA;
9. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;
10. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;
11. Donation areas shall be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;
12. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;
13. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the use permit process. (Ord. 87-10 § 3, 1987).
7.12.031 Ownership of recyclable materials.
Recyclable materials placed at the curbside for collection by an authorized recycling contractor becomes the property of the authorized recycling contractor, subject to the following exceptions and limitations:
A. The depositors of the material may retrieve them from their own containers; and
B. Motor oil shall remain the property of the depositor until collected by an authorized recycling contractor. (Ord. 2000-16 § 1, 2000; Ord. 91-17 § 3, 1991).
7.12.032 Unauthorized collection prohibited.
No person other than an authorized recycling contractor shall remove recyclable material which has been placed at the curbside. Any and each violation hereof from one or more recycling collection locations shall constitute a separate and distinct offense punishable as provided in this chapter. (Ord. 91-17 § 3, 1991).
7.12.033 Destroying, scattering, or collecting recyclable materials without the consent of the resident of the premises or the authorized recycling contractor is prohibited.
It is unlawful or any person to burn, break, destroy, scatter, scavenge, collect, or take any recyclable materials without the consent of the resident of the premises or the authorized recycling contractor. (Ord. 91-17 § 3, 1991).
7.12.034 Approved recycling container – Ownership and unauthorized removal.
It is unlawful or a person other than (1) the resident of the premises or his/her designee; or (2) the city; or (3) an authorized agent of the city; or (4) the authorized recycling contractor to remove any approved recycling container from the curbside. (Ord. 91-17 § 3, 1991).
7.12.035 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 material; provided, that any such disposal is in accordance with the provisions of this chapter. (Ord. 91-17 § 3, 1991).
7.12.036 Civil action by authorized recycling contractor.
Nothing in this chapter shall be deemed to limit the right of the authorized recycling contractor to bring a civil action against any person who violates the above described sections of this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. (Ord. 91-17 § 3, 1991).
7.12.037 Violations and penalties.
Violation of any part of this section shall be an infraction or misdemeanor pursuant to Chapter 1.12 SMC. (Ord. 91-17 § 3, 1991).