Chapter 14.03
COMMERCIAL/INDUSTRIAL COLLECTION
Sections:
14.03.010 Commercial/industrial exclusive franchise.
14.03.020 Commercial/industrial—Disposal and status of solid waste.
14.03.030 Commercial/industrial—Frequency and hours of collection.
14.03.040 Commercial/industrial—Containers.
14.03.050 Commercial/industrial—Maintenance and placement of containers.
14.03.060 Commercial/industrial—Care of containers.
14.03.070 Commercial/industrial—Special circumstances.
14.03.010 Commercial/industrial exclusive franchise.
A. All solid waste collected from commercial/industrial premises for a fee, service charge, or other consideration shall be collected by a solid waste enterprise under the provisions of an exclusive franchise awarded by the city council (“franchised collector”), subject only to the terminable and revocable continuation rights of certain qualified collectors which, upon the effective date of this chapter, are operating under nonexclusive franchise agreements, and which collectors have been given written notification as required by Public Resources Code Section 49520. As used in this chapter, the term “solid waste enterprise” shall have the meaning defined in Public Resources Code Section 40193, which is as follows: any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services.
B. No person, firm, corporation or solid waste enterprise, other than those referenced in subsection A of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the city for a fee, service charge or other consideration therefor, except only as hereinafter specifically provided.
C. Except as otherwise provided in this chapter, each commercial/industrial business owner shall utilize the services of the franchised collector for the collection of solid waste from the commercial/industrial premises held or occupied by such commercial/industrial business owner and shall pay for such services the fees approved by the city council. No commercial/industrial business owner shall enter into an agreement for solid waste handling services with any person, firm or corporation other than the franchised collector, except as otherwise provided in this chapter.
D. Nothing in this chapter shall prevent a commercial/industrial business which, as of the effective date of this chapter, has its own program for recycling materials generated by such business, and not utilizing a commercial or industrial solid waste enterprise which provides collection services for a fee, service charge, or other consideration, from continuing such recycling program; provided, however, that the recyclable materials included in such program are excepted from the exclusive franchise between the city and the franchised collector; and provided further, that such recycling program is in accordance with the provisions of Section 13.100.190.
E. Notwithstanding the provisions of subsection B of this section, certain solid waste enterprises that have been authorized by a nonexclusive franchise agreement to provide solid waste handling services for commercial/industrial premises in the city may continue to provide these services until the rights thereunder are terminated or revoked, or until such rights expire by virtue of the provisions of Section 49520 of the Public Resources Code. Such solid waste enterprises are hereinafter referred to as “excepted collectors.”
F. The exclusive franchise of the franchised collector shall not preclude a commercial/industrial business served by such an excepted collector from continuing to use the solid waste handling services of such excepted collector until the rights of such excepted collector to operate in the city are terminated or revoked or have expired; provided, however, if the rights of an excepted collector to provide such services to a commercial/industrial business owner are terminated or revoked for any reason, or if they expire by virtue of Section 49520 of the Public Resources Code, said business owner shall not use the services of any collector other than the franchised collector.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.020 Commercial/industrial—Disposal and status of solid waste.
The commercial/industrial collector shall collect and dispose of all solid waste generated and presented for collection at each commercial/industrial premises in conformity with the provisions of this chapter and Chapters 14.05 and 14.06. Any such collection and disposal shall be in accordance with all applicable federal, state, and local laws and regulations and any controlling franchise agreement between the collector and the city. All solid waste collected by a commercial/industrial collector shall be the exclusive property of said collector.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.030 Commercial/industrial—Frequency and hours of collection.
A. Frequency. The commercial/industrial collector shall collect solid waste from commercial/industrial premises on a schedule which is agreed upon between the commercial/industrial business owner and the collector. In no event shall such collection schedule permit the accumulation of solid waste in quantities detrimental to public health or safety.
B. Hours. No collection of solid waste from commercial/industrial premises within five hundred feet of occupied residential premises shall be made between the hours of six p.m. and seven a.m. on the next day. No collection shall be made on Sunday unless specifically authorized in writing by the city manager. Hours and days of collection shall be subject to the prior approval of the city manager.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.040 Commercial/industrial—Containers.
A. Except to the extent prohibited or restricted by Chapter 14.06, every commercial/industrial business served by the franchised collector shall have the option to:
1. Provide the necessary container or containers to accommodate solid waste generated from said commercial/industrial business, which containers shall be compatible with the franchised collector’s collection equipment.
2. Use the standard commercial/industrial solid waste container or containers provided by the franchised collector, which containers are compatible with the franchised collector’s collection equipment. Where a commercial/industrial business owner is served by an excepted collector, such excepted collector and business owner shall determine by private agreement who is to provide the container.
B. Every collector which provides any container or other equipment used for the storage of commercial/industrial solid waste shall:
1. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, said collector’s business name and telephone number, in a color contrasting to the background color of the container;
2. Provide containers on casters or hasps or locks upon request by the commercial/industrial business owner; and
3. Otherwise comply with the container requirements of Chapter 14.06.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.050 Commercial/industrial—Maintenance and placement of containers.
Solid waste containers provided by the collector shall be maintained in a clean and sanitary condition by the collector. Solid waste containers which are not provided by the collector shall be maintained in a clean and sanitary condition by the commercial/industrial business owner. Every commercial/industrial business owner shall provide a solid waste container location on the commercial/industrial premises and shall keep said area in good repair, clean and free of refuse outside of the container. Every collector shall remove any solid waste or litter that is spilled or deposited on the ground as a result of the collector’s emptying of the container or other activities of the collector.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.060 Commercial/industrial—Care of containers.
Upon collection of solid waste by the collector, all containers shall be replaced, upright, where found, with the lids closed. No person other than the owner thereof shall in any way break, damage, roughly handle or destroy containers owned by said commercial/industrial business owner.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)
14.03.070 Commercial/industrial—Special circumstances.
If particular commercial/industrial business premises require collections at times, frequencies or in a manner such that the franchised collector is unable to perform said collection in the normal course of business, or where unusual quantities of solid waste or special types of material are to be collected and disposed of, or where special methods of handling are required, the collector and the commercial/industrial business owner may make arrangements for such collection on mutually agreeable terms. If the business owner and the franchised collector do not agree as to the methods for the service provided for in this section, the city manager shall determine the method of service. If the franchised collector is unable or unwilling to provide such service, the city manager may authorize the business owner to use another contractor for such special service until the franchised collector can provide such service in its normal course of business.
(Ord. 2021-12-CC § 2 (Exh. A), 11-23-21)