HomeMy WebLinkAbout2016-01-25 Ordinance 5377Ordinance No. 5377
Ordinance of the Council of the City of Palo Alto Amending and Restating
Chapter 5.20 of Title 5 and Amending Section 18.23.020 of Chapter 18.23 of Title
2 of the Palo Alto Municipal Code Pertaining to the Collection, Removal and
Disposal of Refuse
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. Chapter 5.20 of Title 5 of the Palo Alto Municipal Code is hereby amended
to read, as follows:
"CHAPTER 5.20
COLLECTION, REMOVAL AND DISPOSAL OF
SObiQ WAST~ !'.NQ R~C¥CLP.IIb~ M!'.T~RU'.bSREFUSE
5.20.010 Definitions.
Within and limited to this chapter, the~ following words and phrases ·.vhenever ~:~sed
in this chapter shall be construed as defined in this section, unless the context indicates
otherwise.
(1) "Bin" sJ:l.a#..mean~ a detachable solid waste or recycablerefuse container used in
connection with commercial/indl:lstrial premises with a 1 to 8 cubic yard capacity, equipped
with a lid, and designed for mechanical pick-up by collection vehicles.
(2) "Box", sometimes l<nown as a "roll off" or "drop" box, means a wheeled or
sledded container or compactor, generally 7 to 50 cubic yards in size, suitable for the storage
and collection of commercial or ind~:~strial solid waste or recyclable materials.
(3) "Cart" means a wheeled container receptacle larger than a Standard container
and smaller than a bin, equipped with a lid, and designed for mechanical pick-up by collection
vehicles.
(4) "City" means the government of the City of Palo Alto, defined in Section
1.04.050(1) of the municipal code, with a principal place of business at 250 Hamilton Avenue,
Palo Alto, County of Santa Clara.
(4) "City landfill" means the City of Palo /\Ito's landfill, locateel at 2~80 embarcadero
Road, Palo /\Ito, California.
(5) "City manager" means the person referred to in Section 2.08.140 of the
municipal code,City Manager of the City of Palo /\Ito or the city manager's QLdesignee.
(6) "Collection agreement" means a contract with the €it-yCity for the collection of
160126 sh 0140153 1
soli€1 waste an€1 recyclable rnaterials,refuse pursuant to Section 5.20.040.
(7) "Collector" means one or more persons authorized ~:mEier Qy_Section 5.20.040 to
provide soli€1 waste, recyclable materials, or soli€1 waste an€1 recyclable rnaterialsthe collection,
removal processing and disposal services of refuse pursuant to one or more written contracts
with the city.
(8) "Commercialjin€11:1strial business owner" means any person_, firm, corporation or
other enterprise or organization holding or occupying, alone or with others,
commercial/in€11:1strial premises, whether or not~ the person hold~ef-ef the title or tRe-is the
record owner of recor€1 of the commercial/inEII:Istrial premises.
(9) "Commercial/inEII:Istrial premises" means aU-~ occupied real property in t-Re
atyPalo Alto, except property occupied by federal, state or local governmental agencies which
do not con~sent to their inclusion, and except residential premises as defined in subsection
(31~) hereof, and shall include, without limitation, ~wholesale afHi.-QLretail establishments,
restaurants and food service establishments, bars, stores, shops, shopping center, offices,
industrial establishments, manufacturing establishments, service stations, repair, research and
development establishments, professional, services, sports or recreational facilityie-5, any place
or premises where an animal is maintained or sheltered, construction or demolition sites, a
multiple dwelling that is not a residential premises, and any other commercial or industrial
business facilityie-5, structures, sites, or other establishments in the cityPalo Alto.
(10) "Compostable materials" means organic materials designated by the City as
approved for collection and processing, including, without limitation, yard trimmings, food
scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge,
and human biological wastes.
(1!G) "Com posting" means the controlled, biological decomposition of organic
materials into humus for use as a soil amendment, conditioner or fertilizer or for any other
similar use or purpose.
(1.f-±) "Construction and/or demolition site" means any real property in the cityPalo
Alto, in on or frornat which a building or structure, or any portion thereof, is being
fabricateEiconstructed, assembled, erected or demolished, and vvhich pro€11:1cesduring which
construction or demolition waste which must be removed from the property.
(1~~)· "Construction and/or demolition waste" means any seHG-waste generated as the
result of construction or demolition work, includingL without limitation, discarded packaging or
containers and waste construction materials, whether brought on-site for fabrication or used in
construction or resulting from demolition, excluding liquid waste and hazardous waste.
(1.1~) "Container" means any bin, box, cart, compactor, drop box, roll-off box, or
receptacle, used for the storage of solid waste, recyclable materials, compostable materials or
other materials designated by the City for collection by the collector.stanEiar€1 container, mini
can container of cart.
160126 sh 0140153 2
(1,24) "Director" means the person referred to in Section 2.08.190 of the Municipal
Code, director of p~:~blic •.vorl<s for the city of Palo Alto or the director's designee.
(1§~) "Disposal or processing facility" means a landfill facility,ef a recycling facility, ef-a
composting facility or a solid waste transfer or processing station.
(17) "EPA" means the federal Environmental Protection Agency or successor agency.
(18) "Food service establishment" means any establishment, located or providing
food within Palo Alto, which provides prepared and ready-to-consume food or beverages, for
public consumption, including, but not limited to, any retail service establishment, eating and
drinking service (as defined in Chapter 18.23), takeout service (as defined in Chapter 18.23),
supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck
or vehicle, eart or other sidewalk or outdoor vendor or caterer-which provides prepared and
ready-to-consume food or beverages, for public consumption.
(19-19) "Hazardous waste" means waste defined as hazardous by Public Resources Code
section 40141L as it now exists or may s~:~bseq~:~ently be amended, namely, a waste or
combination of wastes, which beca~:~se ofdue to its quantity, concentration, or physical,
chemical or infectious characteristics, may do either of the following: (i) cause or significantly
contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; (ii) pose a substantial present or potential hazard to human health or
environment when improperly treated, stored, transported, or disposed of, or otherwise
managed. "Hazardous waste" includes extremely hazardous waste and acutely hazardous
waste, and any other waste as may hereafter from time to time be designated as hazardous by
the Environmental Protection Agency ("EPA~ or other agency ofthe United States
Government, or by the California Legislature or any agency of the State of California
empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely
hazardous.
(20) "Home com posting" means the controlled decomposition of organic material,
including, without limitation, yard trimmings and kitchen scraps, into humus by any person
owning or occupying any place or premises in Palo Alto.
(21-±-7) "Manure" ~mean~ the waste droppings :frem-of any animal.
(18) "Man~:~re container" shall rnean Standard containers or bins, or other receptacles
approved by the Director for the placement of rnan~:~re, which are eq~:~ipped with s~:~bstantial
lids or covers adeq~:~ate to l<eep flies frorn the interior thereof. No Man~:~re container shall
exceed seventy two c~:~bic feet in capacity.
(19) "Mini can container" rneans a ro~:~nd, metallic or plastic can with a close fitting
cover, handles and side bails with a rna><irn~:~rn capacity oftwentv gallons or seven and one half
dekaliters, or s~:~ch other container not larger than a standard container as rnay be approved by
the director.
160126 sh 0140153 3
(22) "Multifamily property" means any residential premise with five or more attached
units with shared service.
(23) "Organic wastes" means "compostable materials."
(2.19) "Person" means any individual, or entity referred to in Section 1.04.050(5) of the
Municipal Code and including any general partnership, limited partnership, limited liability
partnership, or limited liability companyassociation, firn1, f'}artnershif3, corf3oration, or anv other
grol::lf3 or con18ination thereof acting as a 1::1nit.
(22,-±) "Place or premises" means every residential premises and commercial/inell::lstrial
premises, including any structure, apparatus, or portion thereof occupied or operated by any
person and situated on an integral parcel of land undivided by a public street, highway, or
railway.
(2§.~) "Public solid waste or recycling receptacles" means recef'}tacles any container for
the collection of solid wasteL-ef recycl ableffi.g materials or compostable materials that are both
located on public property and intended for use by the general public.
(2ZJ) "Recyclable materials" means #lese-materials designated by the City that are as
suitable for collection and transport to a material recovery facility for processing into a recycled
content product, including, without limitation, newspaper, paper, cans, corrugated cardboard,
glass and certain types of plastic, and metalsrecvcling.
(2~4) "Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become ~solid waste, and returning them to
the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace. Recvcling
This term does not include transformation as that term is defined in Public Resources Code
section 40180~.
(29) "Refuse" means and includes compostable materials, recyclable materials and
solid waste.
(30) "Refuse service" means the weekly or other periodic collection, processing and
disposal of materials properly deposited in the collector-provided containers for solid waste, as
well as weekly collection and processing of recyclable materials and weekly collection and
processing of compostable materials.
(25) "Resielent" means any 13erson living within the territoriallin1its of the city of Palo
Alto, whether or not the 13erson owns the 13lace or J3ren1ises which he or she occ1::1J3ies, anel anv
13erson who is a nonresielent em13loyee of the city of Palo Alto, a m1::1nicif3al corf3oration, anel
every men18er of his or her ho1::1seholel relateel by blooel, marriage, or aelo13tion or a elomestic
reg1::1lar 13artner.
160126 sh 0140153 4
(31~) "Residential householder" means any person or persons l=lolelingowning or
occupying residential premises in tl=le cityPalo Alto, wl=letl=ler or not tl=le owner of tl=le resielential
premise.
(32~) "Residential premises" means any residential dwelling unit ~in tl=le cityPalo
Alto, including, without limitation, ~multiple unit residential complexes, such as ~rental
housing projects, condominiums, apartment houses, mixed condominiums and rental housing,
and ~mobile home parks, except any multiple dwelling which, with the prior written approval
of the director, receives commercial bin service.
(33) "Salvage" means the controlled removal of construction or demolition
debris/material from a permitted building, construction, or demolition site for the purpose of
recycling, reuse, or storage for later recycling or reuse. Examples include air conditioning and
heating systems, columns, balustrades, fountains, gazebos, molding, mantels, pavers, planters,
quoins, staiF-treads, trim, wall caps, eath tubs, bricks, cabinetry, carpet, doors, ceiling fans,
lighting fixtures, electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble,
stone or tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble,
iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock, roofing
materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood fencing, lumber
and plywood. (28) "Resielential recycling collection" means tl=le process ey wl=licl=l recyclaele
materials anel yarel trimmings are placeel at tl=le c1:1re of a resielence for collection, removal anel
elisposal.
(34~) "Solid waste" ~mean~ all p1:1tresciele anel nonp~:~tresciele solid and semisolid
wastes, generated in or upon, related to the occupancy of, remaining in or emanating from
Resielential residential premises or commercial/inel~:~strial premises, including garbage, trash,
ref1:1se, paper, rubbish, ashes, industrial wastes, elemolition anel constr1:1ction wastes, eliscareleel
Rome anel inel1:1strial appliances, manure, vegetaele or animal carcasses, solid or semisolid
wastes, and other solid and semisolid wastes. "Solid waste" shall not include liquid wastes or
sewage, abandoned vehicles, hazardous waste,-ef recyclable materials or compostable
materials.
{32,G) "Solid waste enterprise" shall mean any ineliviel1:1al, partnersl=lip, joint vent1:1re,
1:1nincorporateel private organization, or private corporationperson regularly engaged in the
business of providing solid wasteL-ef recyclable materials or compostable materials handling
services.
(31) "Soliel waste or recyclaele materials l=lanelling services" sl=lall mean tl=le collection,
transportation, storage, transfer, or processing of soliel waste or recyclaele materials.
(32) "So1:1rce separateel commingleel recyclaele materials" are so1:1rce separated
recyclaele materials in any comeination oftwo or more so1:1rce separateel single recyclaele
materials.
160126 sh 0140153 5
(33) "Source separated recyclable materials" meaRs recyclable materials which are
separated from solid waste sy the geRerator at the locatioR where it was created, Rot mh<ed
with or coRtaiRiRg more thaR iRcideRtal solid waste, as determined sy the director.
(3§.4} "Source separated single recyclable materials" are source separated means
recyclable materials that are separated from other recyclable materials or solid waste and
placed in separate containers according to type or category of materials and caR se directly
marketed as a distiRct single commodity, as determiRed sy the director.
(35) StaRdard coRtaiRer meaRs a metallic or plastic can with a close fittiRg cover,
haRdles aRd side sails of a capacity of more than tweRty gallons or seveR aRd oRe half
dekaliters aut Rot exceediRg thirty two galloRs or twelve dekaliters, or such contaiRer other
thaR a miRi caR container as may se approved sy the director.
(319} "Yard trimmings" means aflV-plant trimmings generated from the maintenance
or alteration of public, commercial premises or residential premises landscapes, including,
without limitation, grass cuttings, yard clippings, leaves, tree trimmings, pruning, brush and
weeds, excepting those materials which are prohibited under written rules and regulations
promulgated by the director.
5.20.020 Declaration of policy.
(a) The accumulation, collection, removal and disposal of solid waste aRd recyclable
materialsrefuse must be controlled by the €W;City for the protection of the public health, safety
and welfare. The couRciiCouncil finds that to give practical effect to this policy a comprehensive
system for the periodic collection, removal and disposal of solid waste aRd recyclable
materialsrefuse from all places or premises is essential and benefits all occupants of places or
premises!) and, therefore, ~all ~occupants of places or premisesare made shall be liable for
the solid waste and recyclable materialsrefuse collection charges established by the
couRciiCouncil for the collection, removal and disposal of solid waste aRd recyclable
materialsrefuse.
(b) The City complies with the applicable provisions ofthe California Integrated
Waste Management Act, as amended, codified in the Public Resources Code section 40000 et
seq. The law requires that, by and after January 1, 2000, fifty percent (50%) of the solid waste
generated must be diverted through some source reduction, recycling, and composting
activities.
(c) The City also complies with the 75 percent recycling goal included as part of AB
341 Mandatory Commercial Recycling Law, adopted on October 6, 2011, which includes
modifications to the Public Resources Code.
(d) AB 1826, which amended the law in 2014, imposes organic waste recycling
requirements with a mandate that will begin on April1, 2016.
160126 sh 0140153 6
(e) The City may adopt, implement, and enforce requirements, rules and regulations
for local compostable materials and local recyclable materials that are more stringent or
comprehensive than California law.
5.20.030 Discarding of solid waste and ree•tela~le FRaterialsrefuse.
(a) No person shall throw, drop, leave, place, keep, accumulate, or otherwise
dispose of any soliel waste or recyclable materialsrefuse upon private property either with or
without the intent to later remove the same from weR-that place or premises, or upon any
street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any
public place or public property.
(b) All persons shall separate their refuse according to its characterization as solid
waste, compostable materials, or recyclable materials, and place each type of refuse in a
separate coAtainer designated for disposal of that type of refuse. No person may mix any type
of refuse, or deposit refuse of one type in a collection container designated for refuse of
another type, except as otherwise provided in this chapter. This section shalldoes not prohibit
the placement of soliel waste or recyclable materialsrefuse in public solid waste or recycling
receptacles, or in containers, bins or boxes for collection in accordance with the provisions of
this chapter, or at the city lanelfill or posteel recycling centers in accorelance with the proceel~res
thereof. This section does not prohibit any person from engaging in home composting.
Administrative citations or any other enforcement actions will not apply to this paragraph for a
person occupying a residential premise.
5.20.040 Collection, removal and disposal only by authorized persons.
(a) The €f.t¥City shall authorize, permit, regulate and control the collection, removal
and disposal of all soliel waste anel recyclable materialsrefuse generated at all places or
premises. For this purpose, the City may enter into a collection agreement with one or more
solid waste enterprises may be entereel into l:ly the city with or without advertising for bids. The
collection agreement shall not be or be deemed or construed as a franchise nor be eleemeel or
constr~eel as s~ch .
(b) Notwithstanding any permit issued by any other governmental agency
authorizing the collection of soliel 'Naste or recyclal:lle materialsany type of refuse, no person
other than a person with a collection agreement, or his or herits duly authorized agents or
subcontractors, as provided in Section 5.20.070, shall negotiate or contract for, undertake to
receive, collect, remove, transport, or dispose of any soliel waste or recyclal:lle materialstype of
refuse from within the e+ty-Palo Alto for a fee, service charge or other consideration therefor,
except as specifically provided herein.
(c) No person shall interfere in any manner with the lawful operations of the
collector or the collector' sits duly authorized agents or subcontractors.
(d) Except as otherwise provided in this chapter, each residential householder and
commercia l/inel~strial business owner shall utilize the services of the collector for the collection
160126 sh 0140153 7
of solid waste and recyclable materialsrefuse from the residential or commercia lfindblstrial
premises held or occupied by ~that owner or occupant and shall pay the fees for~
services asthe fees approved by the city coblnciiCouncil. No residential householder or
commercial/indblstrial business owner shall enter into an agreement with a so li d waste
enterprise for the collection of for agreement for solid waste or recyclable materialsrefuse
handling services ·.vitA any person, firm, or corporation other than the collector, except as
otherwise provided in this chapter.
5.20.050 No unauthorized laiRs, laeHes, er containers.
(a) Except as expressly authorized by this Chapter 5.20, no person other than a
collector may place a bin, box or~ container within tl:le cityPalo Alto.
(b) The eitvCity shall notify, in writing, any person who violates this Section 5.20.050
that the prompt and permanent removal of ~the bin, box or container from the place or
premises is required. The eftvCity shall deliver ~the written notice by posting a copy ofthe
notice prominently upon the bin, box, or container. If the bin , box, or container is identified
wi#\-Qy_the name and telephone number of the solid waste enterprise servicing it, as required
by Section 5.20.130(e), the ffiV-City shall al-se-endeavor to contact the enterprise by telephone.
The H ailure of the City to notify telephonically the owner of the presence of the container at
the place or premises telephonically shall not invalidate the notice. The ffiV-City may impound
or cause to be impounded any SbiCh bin, box or container if the same is not permanently
removed from the place or premises within the time set forth in the notice, which time shall be
not less than twenty-four hours after the posting of the notice, or not less than six business
hours after the telephonic notification, if any notice is provided. For purposes of this Section
5.20.050, "business hours" s-Ra»-mean~ the hours of 7:00 a.m. te-and 6:00 p.m., Monday
through Saturday. Any person who violates this Section 5.20.050 shall be liable to the ffiV-City
for all fines and charges levied in connection with the collection, transportation, storage and
handling of ~that bin, box or container by the atvCity. The bin, box or container
impounded by the ffiV-City shall be retrieved by the owner or his or her representative
immediately after all applicable fines and charges have been paid. The ffiV-City manager may
delegate to the collector the authority to impound .illY_Unauthorized bins, boxes, and
containers and to collect the fines and charges levied by the e+tvCity.
(c) Upon posting of a written notice of violation upon the unauthorized bin, box or
container, the cblstomer person using the unauthorized bin, sox or container shall immediately
cease placing solid ·.vaste and reC';claele materialsrefuse therein.
5.20.060 Contracting for special hauling services.
Any ownerL-ef occupant or tenant of aRV place or premises may contract with the
collector or his or herits duly authorized agents or subcontractors, as provided in Section
5.20.070, but not otherwise, for special haulin.g services for the collection, removal and disposal
of solid waste in excess of the regular services provided by the collector.
160126 sh 0140153 8
5.20.070 Use of agents or subcontractors by the collector.
The ef.t.v-City may provide in any written contract entered into pursuant to Section
5.20.040@.1 that the collector may designate, in writing, one or more agents or subcontractors
who may collect, remove, and dispose of ~solid waste or construction and demolition waste
as may be in excess of the regular collection made by the collector, subject to the limitations
set forth in the collection agreement.
5.20.080 Number of solid waste containers required.
(a) No 8!!_person~ owning or occupying any place or premises where solid waste is
created, produced or accumulated shall subscribe and pay for this type of refuse service and
shall subscribe and pay forfail to J3FOC~:~re a s~:~fficient number of containers to hold all solid
waste created, produced or accumulated at or on the place or premises during a one-week
period, unless a more freElt:~entdifferent frequency for a collection schedule has been approved
or directed pursuant to this chapter.
(b) every 13lace or 13rernises sl:lall receive solid waste service at tl:le a~:~tornatic service
level, unless a 13erson 'NI:lo is duly autl:lorized to re13resent tl:le 13lace or 13remises selects a
different service level \VI:licl:l rneets tl:le reEluirernents of tl:lis section. Tl:le following automatic
service levels sl:lall a13J3Iy for new c~:~storners:
(1) Single family residential users: one Standard container;
(2) Two farnily dwellings, tl:lree familv dwellings, a13artment !:louses and multi13le
dwelling b~:~ildings: one Standard container 13er dwelling unit; and
(3) Motel, l:lotel, trailer 13ark or rnobile l:lorne 13arlc one Standard container 13er dwelling
unit or SJ3ace.
(4) Manufacturing, commercial or instit~:~tional establisl:lments: two Standard containers.
(c) In determining tl:le sufficiencv of tl:le number of Containers reEluired for anv of tl:le following
13laces or 13remises, tl:le following rninirn~:~rn standards sl:lall aJ3J3Iv:
(1) Single family residential users: one Mini can container;
(2) Two farnilv dwellings, tl:lree farnily dwellings, a13artment !:louses and rnulti13le dwelling
buildings: one Mini can container J3er dwelling unit;
(3) Motel, l:lotel, trailer 13arl< or rnobile !:lome 13ark: one Standard container 13er dwelling unit
ors13ace;and
(4)Manufacturing, commercial or institutional establisl:lments: one Standard container.
(d) Unless otl:lerwise a13J3roved bv tl:le Director 13ursuant to rules and regulations
13rescribed bv tl:le City: Standard containers sl:lall not exceed sixtv 13ounds or twentv seven
160126 sh 0140153 9
kilograms in weight when filled with Selia 'A'aste for collection, removal ana disposal; Mini can
containers shall not e><ceea forty po1:1nas or eighteen kilograms in weight when filled with Selia
waste for collection, removal ana disposal; ana Standard containers or Mini can containers
~:~sea for Yard trimmings shall not exceed forty po1:1nas or eighteen l<ilograms in weight when
filled for collection, removal ana disposal.
5.20.090 Collection and ownership of recyclable materials ResiEieRtial Pret:Rises.
(a) All persons owning or occupying any place or premises where recyclable
materials are created, produced or accumulated shall subscribe and pay for this type of refuse
services and shall subscribe and pay for a number of containers sufficient to hold all recyclable
materials created, produced or accumulated at the place or premises during a one-week
period, unless a different frequency collection schedule has been approved or directed
pursuant to this chapter.The city shall previae a program for the collection of recyclable
materials from residential premises. For the p1:1rposes of this Section, recyclable materials
incl1:1aes yard trimmings ana any other similar materials designated by the director.
(b) Recyclable materials placed for curbside residential recycling collection in or
outside of a container shall become the property of the collector at the time of placement at
the curb or other designated location for collection in or outside of the container. The collector
shall have the exclusive right to collect ~the recyclable materials, unless the collection
agreement specifies a different arrangement.
(c) The disposal of solid waste and compostable materials in containers designated
for the collection of recyclable materials is prohibited. Recyclable materials that are placed in a
recyclable materials container for collection by the collector must be free of solid waste and
compostable materials.
(c) If Recyclable materials placed for c1:1rbsiae residential recycling collection are not
collected as part of the city's program for residential recycling collection, the person who
placed the recyclable materials for c1:1rbsiae residential recycling collection is entitled to receive
a written explanation pertaining to the fail1:1re of the collector to collect ana dispose of the
recyclable materials. It shall be the responsibility of the person •.vho places the Recyclable
materials for residential recycling collection to remove the recyclable materials within twenty
fo1:1r ho1:1rs of receipt of the explanation. The collector is expressly a1:1thorizea to reject
Recyclable materials that are not free of all b1:1t incidental amo1:1nts of p1:1trescible solid ana
semisolid wastes, or that are not free of hazarao1:1s wastes.
5.20.100 Collection and ownership of reeyelable compostable materials-
Cot:Rt:Rereial/iREIYstrial pret:Rises.
(a) The city shall previae a program for the collection of recyclable materials from
commercial/ina~:~strial premises.
(b) When rec•;clable materials are placed in bins, boxes, or containers that the city or
the collector previae for the collection of recyclable materials, s1:1ch recyclable materials shall
become the property of the city or the collector, as the case may be. The city or the collector
160126 sh 0140153 10
sl:lalll:lave tl:le exclusive rigl:lt to collect recyclasle materials from sucl:l sins, sexes, or
containers.
(a) All persons owning or occupying any place or premises where compostable
materials are created, produced or accumulated shall subscribe and pay for this type of refuse
services and shall subscribe and pay for a number of containers sufficient to hold all
compostable materials created, produced or accumulated at the plate or premises during a
one-week period, unless a different frequency collection schedule has been approved or
directed pursuant to this chapter.
(b) Compostable materials placed for curbside collection in a container shall become
the property of the collector at the time of placement at the curb or other designated location
for collection of the container.
(c) On or after April1, 2016, all commercial premises at which 8 cubic yards or more
of solid waste refuse service is subscril;)ed per week, multifamily properties, and food service
establishments shall subscribe and pay for a number of containers sufficient to hold
compostable materials created, produced or accumulated at or on the places or premises
during a one-week period, unless a different frequency collection schedule has been approved
or directed pursuant to this chapter.
(d) On or after January 1, 2017, all commercial premises where 2 cubic yards or
more of solid waste refuse service is subscribed per week, shall subscribe and pay for a number
of containers sufficient to hold compostable materials created, produced or accumulated at or
on the place or premises during a one-week period, unless a different frequency collection
schedule has been approved or directed pursuant to this chapter.
(e) On or after January 1, 2018, all commercial premises at which solid waste refuse
service is subscribed, shall subscribe and pay for a number of containers sufficient to hold
compostable materials created, produced or accumulated at or on the place or premises during
a one-week period, unless a different frequency collection schedule has been approved or
directed pursuant to this chapter.
(f) The City may direct the collector to audit individual solid waste streams
generated at commercial premises to determine the owner, occupant or tenant's compliance
with this section.
5.20.105 Contamination of containers
(a) No person subscribing to refuse service shall dispose or permit the disposal of
solid waste in a container designated for the collection of recyclable materials or compostable
materials. The person shall remove any solid waste deposited in the recyclable materials and
compostable materials containers before the collection of the recyclable materials and
compostable containers occurring that week.
(1) The collector will notify any person who occupies commercial premises
whenever the City or the collector determines the recyclable materials or compostable
160126 sh 0140153 11
materials container of that person is contaminated with solid waste and the waste must be
removed. After the person removes the solid waste from the recyclable materials and
compostable materials container, the collector will return to the commercial premises to
service the container or containers and the person occupying the commercial premises will be
charged a "return trip" fee specified in the refuse rate schedules.
(2) If the person occupying the commercial premises does not remove the waste
from the recyclable materials and compostable materials containers by the scheduled pick-up
date, the containers will be serviced at the next business day and the person occupying the
commercial premises will be charged both an "extra solid waste pick-up" fee and a "return trip"
fee in addition to the refuse charges that apply to the level of service subscribed by the person
occupying the commercial premises. The extra solid waste pick-up fee shall be determined
according to the size of the contaminated recyclable materials or compostable materials
container and the established rates approved by the City.
(3) The fees outlined in 5.20.105 (a)(1)-(2) will also apply if a person occupying a
commercial premises places recyclable materials in containers designated for compostable
materials or compostable materials in containers designated for recyclable materials.
(4) On or after July 1, 2021, if a person occupying a commercial premises places
recyclable materials and/or compostable materials in containers designated for solid waste, the
person will be subject to a "contamination" fee.
(5) A person occupying residential premises will not be subject to a "return trip" fee,
an "extra solid waste pick-up" fee, a "contamination" fee, an administrative citation or any
other enforcement action. A multifamily property will not be subject to a "return trip" fee or an
"extra solid waste pick-up" fee if owners or managers of the multifamily property can
demonstrate compliance with Section 5.20.108 to the satisfaction ofthe director.
(b) No person shall dispose of commercial grease or cooking oil in a compostable
materials container.
5.20.108 Requirements for owners or managers of multifamily properties and
commercial premises.
(a) The owner or manager of any multifamily property or commercial premises must
provide a level of refuse service sufficient to contain the refuse generated by the owners,
occupants, tenants, employees, contractors, and customers of the property or premises.
(b) The owner or manager of any multifamily property or commercial premises must
provide the number and type of containers at the property or premises sufficient to make the
source separation of refuse convenient for the owners, occupants, tenants, employees,
contractors, and customers of the property or commercial premises.
160126 sh 0140153 12
(c) The three types of containers shall: (1) Be appropriate in number and size with
respect to the quantity of solid waste, compostable materials, and recyclable materials
anticipated to be generated at the property or premises; (2) Bear appropriate sign age and be
color-coded-blue containers for recyclable materials, green containers for compostable
materials, and black containers for solid waste-to identify the type of refuse to be contained
and meet any additional design criteria established by the City; and (3) Be placed as close
together as practicable to provide equally convenient access to users.
(d) The owner or manager of any multifamily property or commercial premises shall
provide information or training for new occupants, tenants, employees and contractors,
including janitors, on the manner of source separation of solid waste, compostable materials,
and recyclable materials. The owner or manager shall provide information or train current
occupants, tenants, employees and contractors at least once per calendar year.
(e) The owner or manager of any commercial premises or their contractor shall
collaborate with on-site janitors to create effective source separation programs.
(f) The use of public solid waste, recycling, or composting receptacles by any
commercial premises is prohibited.
5.20.109 Requirements for special events.
(a) The promoter or coordinator of a special event held in Palo Alto must provide a
level of refuse service sufficient to contain the refuse generated at the special event.
(b) The promoter or coordinator shall provide containers at appropriate locations at
the special event to facilitate the source separation of solid waste, compostable materials, and
recyclable materials by event employees, vendors, and attendees.
(c) The three types of containers shall:
(1) Be appropriate in number and size with respect to the quantity of solid waste,
compostable materials, and recyclable materials anticipated to be generated at the
property or premises;
(2) Bear appropriate signage and be color-coded-blue containers for recyclable
materials, green containers for compostable materials, and black containers for solid
waste-to identify the type of refuse to be contained and meet any additional design
criteria established by the City; and
(3) Be placed together as a waste station to provide equally convenient access to
users.
(d) If the promoter or coordinator determines that vendor booths at the special
event will require refuse containers, the vendors shall receive from the promoter or
coordinator a set of refuse containers that bear appropriate signage and are color-coded to
identify the type of waste to be contained.
160126 sh 0140153 13
(e) The use of public solid waste recycling or composting receptacles at special
events is prohibited. The promoter or coordinator shall remove or cover all public solid waste
recycling or composting receptacles to prevent their use during the special event.
5.20.110 Exclusions.
(a) Residential Householder Exclusion. No provision of this chapter shall prevent a
residential householder from collecting and disposing of occasional loads of solid waste
generated in or on his or herat the residential premises, or from com posting yarel trimmingsat
home, or ffem-selling, donating or disposing of recyclable or compostable materials generated
in or on his or herat the residential premises. The containers provided by the collector may not
be used for activities authorized by this paragraph-fat. Notwithstanding the foregoing, no
residential householder shall employ or engage any solid waste enterprise, other than the
collector to haul or transport solid waste£·~* recyclable materials, or compostable materials to a
disposal or processing facility!; nor shall any No residential householder may collect or dispose
of solid waste generated elsewhere than in or on his or herat a location that is not the
residential premises.
(b) Gardener's Exclusion. No provision of this chapter shall flrevent bar a gardener,
tree trimmer or other person engaged in a similar trade from collecting and disposing of g.FaSS
c~:~ttings, flFI:Inings, anel similar materialyard trimmings not containing other solid waste
whenever the collection and disposal are incidental to providing ~the gardening, tree
trimming or similar services.
(c) Commercial Source Separated Recyclable Materials and Compostable Materials
(1) Commercial/inel~:~strial business owners shall retain the right to donate or sell
recyclable materials and compostable materials, or to pay fees for services to solid waste
enterprises other than the collector for the collection of particular recyclable materials and
compostable materials, so long as all recyclable materials and compostable materials collected
are source separated single recyclable materials and compostable materials. Glass, tin,
al~:~min~:~m, anelfllastics can be collecteel as so~:~rce seflarateel commingleel recyclable materials.
The eli rector may a~:~thorize, by written r~:~les anel reg~:~ lations, collection of other recyclable
materials as so~:~rce Seflarateel commingleel recyclable materials. All r.B.ecyclable materials and
compostable materials collected pursuant to this paragraph (c) ~shall be ~transported
to a recyclable materials and compostable materials f.Rg facility achieving a diversion rate of 90
percent and where not more than 10 percent of the materials are, a net not disposed of in a
landfill.
(2) Commercial/inel~:~strial business owners shall demonstrate compliance with the
provisions of this paragraph (c) tlf}&R-at the request of the director.
(3) The eity-City may require any recycler, junk dealer or other enterprise engaged in
the business of buying and marketing recyclable materials and compostable materials to
provide the eity-City with information pertaining to ~the collection and, incl~:~eling 'Nitho~:~t
160126 sh 0140153 14
liA1itation, _the amount of recyclable materials and compostable materials collected from within
the city'sPalo Alto's territorial limits.
(d) Collection of Source Separated Single Recyclable Materials. No provision of this
chapter shall prevent a recycler, junk dealer or other enterprise engaged in the business of
buying and marketing source separated single recyclable materials in the stream of commerce
and which buys such materials for marketing and not for disposition in a landfill or transfer
station (as defined in Public Resources Code Section 40200L from buying recyclable materials
for a-monetary or other valuable consideration.:...; nor shall any provision of this chapter prevent
Stl-ffi~ recycler, junk dealer or enterprise which buys St:lffi...recyclable materials shall not be
prohibited from removing and transporting St:lffi...those materials to a destination for marketing
in the stream of commerce.
(e) Renovation, Rebuilding, Repairs. No provision of this chapter shall prevent a
commercial/ind~strial business owner from arranging for any worn, spent, or defective
equipment, or part thereof, used in St:lffi...the commercial business and requiring renovation,
rebuilding, recharging, regeneration or repair, to be picked up, renovated, rebuilt, recharged,
regenerated or otherwise restored and repaired and returned to St:lffi...that
commercial/ind~strial business owner~t nor shall any provision of this chapter prevent a~ny
person engaged in the business of renovating, rebuilding, recharging, regenerating, or
otherwise restoring or repairing St:lffi...the equipment or part thereof, is not prohibited from
transporting the same from or returning it to the commercial business, or from removing,
transporting or disposing of any s~chthe equipment, or part thereof, replaced in connection
with an equipment repair or service contract.
(f) Contractors' Exclusions. In addition to the authority granted by paragraph (c) of
this Section 5.20.110, no provision of this chapter shall prevent a licensed contractor having
aunder contract for the demolition or reconstruction of a building, structure, pavement, or
concrete installation from marketing any saleable items salvaged from St:lffi...the demolition or
reconstruction, or from causing St:lffi...the salvageable items or Gfonstruction or demolition
waste to be removed and transported from the place or premises atoo which such waste is
generated, pursuant to the provisions of the demolition or construction contract, subject to the
following:
(1} ~The collection, removal and disposal activity shall be performed only by the
licensed contractor having theunder contract for the Gfonstruction or demolition work that
generated St:lffi...the salvageable items or Construction or deA1olition waste, or by regularly
employed personnel carried on the licensed contractor's payroll records as an employee.
(2) ~or p~rposes of this paragraph (fL no bins or bm<es that are detachable from the
vehicle that delivered theA1 to the Constr~ction or deA1olition site can be ~sed.
(,f~} All vehicles used H:rto carrying out s~chfacilitate the collection, removal and
disposal activities shall be owned by or under the exclusive control of the licensed contractor
and shall meet all of the requirements of this chapter and all other laws, statutes, rules,
160126 sh 0140153 15
regulations and ordinances of the state of California and the at.yCity. All vehicles shall be
subject to inspection by and the approval of the director from time to time.
(g) Reinforced Concrete Exclusion. In addition to the authority granted by
paragraph (f) of this Section 5.20.110, nothing in this chapter shall prevent a
commercial/industrial business owner, residential householder, or licensed contractor from
using a solid waste enterprise other than the collector to dispose of reinforced concrete.
(h) Document Destruction Service. No provision of this chapter shall prevent any
person engaged in the business of destroying or disposing of secret, confidential or sensitive
documents from transporting or disposing of ~those documents, provided the transport
and disposal of the documents are incidental to the as a 13art of s~cl:l document destruction or
disposal service.
(i) Self-Haul Exclusion. In addition to the authority granted by par-agraph (a) of this
Section 5.20.110 nothing in this chapter shall prevent a commercial/inel~strial business owner
or residential householder from, on a regular basis, collecting and disposing of solid waste
generated in or on at theH: place or premises, in lieu of availing themselves of the services of the
collector. No residential householder or commercia l/inel~strial business owner shall employ or
engage any solid waste enterprise, other than the collector, to haul or transport ~
materialsthe solid waste to a disposal or processing facility. Any residential householder or
commercial/inel~strial business owner who pursuant to this paragraph (h+) seeks to on a regular
basis collect and dispose of solid waste generated in or on at the place orH: premises, ffi.YSt.-shall
first obtain a self l:la~l13ermitapproval frGm..of the directorffi.v, and must comply with the
procedures fef.-applicable to self-hauling that arete-&e adopted by tl:le city co~ neil by
resolution.
(j) General Requirement. In all cases where the right to an exclusion pursuant to this
Section 5.20.110 is exercised, disposal shall be made at a disposal or processing facility wRfeA.
that meets all applicable regulatory requirements. Any disposal by a person exempted under
this section shall not Q.g_relievef!. s~cl:l13erson from of any obligation or liability imposed by this
chapter or any other ~ordinance, resolution, rule or regulation for the payment of the
minimum solid waste and recyclable materials disposal rates imposed pursuant to this chapteri
QLOF of rates for tl:le ~se of tl:le city lanelfill, or of any other applicable rates or fees.
Notwithstanding the foregoing, any person with a valid self-haul permit obtained pursuant to
paragraph (h+), and who does not use the solid waste collection services offered by the
collector, shall be exempt from the payment of the solid waste collection rates imposed for use
of the services provided by the collector.
(k) Backhauling Compostable Materials. A commercial business may opt out of the
compostable materials service levels required by this chapter, provided that business verifies to
the satisfaction of the director that all compostable materials generated on-site will be
transported to a central facility to be later composted or otherwise recycled at a 90 percent
rate and not placed in a landfill.
160126 sh 0140153 16
(I) Space Limitations for Existing Structures. The director may grant a written
exemption for any existing commercial business structure that lacks sufficient storage space for
compostable materials or recyclable materials from all or portions of this section in accordance
with the written rules and regulations established by the director. The director, in cases where
space constraints are determined to exist, shall also evaluate the feasibility of shared container
usage by contiguous businesses or multifamily property structures.
(m) De Minimus Exception. The director may waive any of the requirements of this
section if documentation satisfactory to the director, based upon rules and regulations, is
provided to establish that the materials in any type of container, on an on-going basis is
incidental to any other materials originating from that collection location.
5.20.120 ReeyeliRg sterage EtesigR reqwireFReRtsRefuse containers.
The design of any new, s~::~estantially remodeled, or expanded e~::~ilding or other facility
shall provide for proper storage, handling, and accessieility 'Nhich will accommodate the Solid
waste and Recyclaele materials loading anticipated and whicl:l will allow for the efficient and
safe collection. Tl:le design shall comply with the applicaele provisions of Sections 18.22.100,
18.24.100, 18.26.100, 18.32.080, 18.~7.080, 18.41.080, 18.4~.080, 18.45.080, 18.49.140,
18.55.080, 18.60.080, and 18.68.170 of Title 18 of this Code.
(a) All types of refuse containers shall be kept in a sanitary condition with the lids
closed except whenever they are being loaded or unloaded.
(b) Refuse containers suitable for residential places or premises shall be provided by
the collector or the City. Any container shall be of a size based upon the subscription service
level requested by the person responsible for the payment of charges therefor or as may be
required by this chapter. Any container shall not be loaded with more than the quantity of
materials that either can fit in the container with its lid closed or is in excess of the weight limit
marked on the container, when the lid is closed. All containers for use at commercial premises
shall be provided by or approved by the collector, except for industry-approved grease or
cooking oil tallow containers that shall be provided by a designated tallow hauler.
(c) Refuse containers shall be collected by the collector whenever the containers are
placed in a solid waste enclosure or at the authorized collection area. Collection may be made
at another location upon approval of the director, based upon the subscription service level
requested.
5.20.130 Maintenance and placement of ~iRs, ~eKes, a REi containers.
(a} The commercia l/ind~::~strial business owner~ andGF residential householder -'-as
the case may ee, shall maintain their eins, eoxes, and containers Em-~ their places and
premisesj and the area~ in whichwhere the containersy are locatedi in a-good, usable, clean and
sanitary condition, and shall ensure that the lidi_ or cover on the ein, eox, or container ~are
kept fy.U.y-closedj and shall ensure that there is no litter underneath or surrounding the
containers. No refusesolid 'Naste or recyclaele materials are shall be placed outside of the &ffi.,
eox, or container. Bins, eoxes, and c~ontainers shall at all times be maintained by the
160126 sh 0140153 17
commercial business owners and residential householders kef*-in a manner that will prevents
leakage, spillage and the escape emission of odors. Commercial premises sharing receptacles
placed outside of retail areas, must also share equally in the responsibility of emptying the
receptacles so that they do not overflow and maintaining the area around the receptacles so
that it is free of loose litter.
(b) The location or placement of bins, bm<es, or containers at any place or premises
shall be subject to the approval of the director. Every commercial/indblstrial business owner
shall provide a location GR-ill._ the commercial/indblstrial premises for the bins, boxes, and/or
containers they use, and shall keep the area in good repair.
(c) Any collection agreement may provide for the rental of approved bins, boxes and
containers approved by the collector to customers. The collector shall be responsible for
maintaining maintenance of the bins, boxes and rental containers by keeping the containers in
good and sanitary condition_-(ordinary wear and tear excepted) and shall repaint ~the~
bm<es and containers at a frequency as determined by the ffi.vdirector. The collector and the
renter shall determine and agree upon plan with the Cblstomer the placement of the tHR5;
boxes, and containers to minimize traffic, aesthetiq and other potential effects that may be
problems associated with their placement.
(d) Where a bin, box, or container is not rented from the collector but is rented from
another solid waste enterprise and approved by the ffi.vCity, the cblstomer renter shall ae
responsible for ensurgffig that the bins, boxes, or containers meet~ the same-standards of
quality and blpkeep as aremaintenance applicable to the bins, boxes, and containers supplied by
the collector. The renter shall procure the written standards or rules and regulations of the
collector prior to renting from another solid waste enterprise.
(e) An.vU bins, boxes, and containers of g_one cubic yard or ffiefe-greater size shall be
identified with the name and telephone number of the collector or other solid waste enterprise
servicing the bins, boxes, and containers. The container shall be identified by the type of
materials that can be deposited in the container."
5.20.140 Frequency of soliEI 'Nasterefuse collection.
The Collector or his or herits duly authorized agents or subcontractors shall collect seH6
wasterefuse from all residential premises and commercial/indblstrial premises within tA-e
ffi.vPalo Alto at least once a week, unless the director authorizes less-a different frequency oft
collection as provided in Section 5.20.
5.20.150 Collection hours, quietness of collections, and collection of equipment.
(a) Solid waste and recyclable materials collectionsRefuse shall be maGe-collected
2n.!.v._between the hours of ~6:00 a.m. and ~6:00 p.m. in residential districts and at schools,
churches, and commercial premises located in commercial districts properties adjacent to
residential districts.
160126 sh 0140153 18
(b) Refuse shall be collected only between the hours of 4:00a.m. and 9:00p.m.
Solid waste and recyclaele materials collections in commercial districts other than as indicated
in (a) above shall ee made eetween the ho~rs of fo~r a.m. and nine Jil.FR., subject to ~any
reasonable modifications of collection periods as the director may impose.
(c) All collections shall be made as quietly as possible. All trucks and equipment for
solid waste and recyclaele materialsrefuse collection shall be operated in a manner that
complies comJ3Iy with the noise ordinance codified in the J3rovisions Cha13ter 9.10 Title 9 ofthe
rn~nici13al Municipal ~Code. All unnecessarily noisy trucks or equipment for such collections
are prohibited.
--5.20.160 Litter, S~pillage or leakage of seliEI waste anEI reeyela~le materialsrefuse.
All solid waste and recyclaele rnaterialstypes of refuse hauled by any person over public
streets in the cityPalo Alto shall be securely tied and covered during hauling thereof so asin
order to prevent litter and the leakage, spillage,-ef blowing or dropping of refuse of any type on
to public streets. No person shall allow any solid 'Naste or recyclaele materials of any l<ind
'Nhatsoevertype of refuse to leak, spill, scatter, blow or drop from any vehicle operated on aR¥
public street~ within the CityPalo Alto.
5.20.170 Special permits in hardship cases.
(a) Upon a showing of hardship by the ownerL-ef occupant or tenant of a place or
premises, the director may issue or ca~se to ee iss~ed~ special written permits authorizing
variations fro rna variance with the provisions of this chapter yet the variance will be subject to
the imposition of ~terms and conditions as !he GF-SRedirector may deem necessary to
protect the public healthL a.R&-safety and welfare.
5.20.180 No Accumulation of seliEI waste er ree·tela~le rnaterialsrefuse.
(a) ~No person shall kee13 the 13lace or 13remises occ~13ied ey hirn or her, and
every owner of any ~nocc~13ied 13lace or 13rernises shall kee13 the same, in a clean and sanitary
condition and shall not ca~se, s~ffer or permit any solid wastetype of refuse to accumulate ifl.;
on or aeo~t s~chat its place or premises for a period in excess of one calendar week, except the
director may authorize by written rules and regulations a different frequency of less freq~ent
collection, removal and disposal of refuse for compactors at commercial/ind~strial premises.
This provision shall not be construed to prohibit any person from kee13ing temporarily storing
building materials in, on or aeo~tat any place or premises during the period of active
construction, reconstruction or repair of a building or structure thereon under a current valid
building permitL nor the IEee13ing ofstoring wood neatly 13iledin an orderly pile-_~13on s~chat the
place or premise for household use, Ror tR€-retaining compostable materials for home
com posting of yard trirnrnings purposes.
II
160126 sh 0140153 19
5.20.190 Ne-&~urning, burial, or dumping of seliEI waste er ree•;elalile
Materialsrestrictions.
(a) No person shall burn any solid waste or recyclable materialsrefuse within tA-e
atvPalo Alto at any time.
(b) No person shall bury or dump any solid waste or recyclable materialstype of
refuse within the cityPalo Alto. Compostable materials may be buried on-site by the occupant
of the residential place or premises, exce13t at the cit•; landfill in accordance with the
13rocedures thereof, at any time.
5.20.200 Hazardous waste.
No person shall deposit any l=lazardous hazardous waste in the city landfill nor in ~
sin, BOX, or~ container.
§,2Q,21Q ManYre eentainers reqyireEI.
(a) Any and all manure 13roduced, l(e13t or accumulated·.vithin or u13on any 13lace or
13remises shall ee 13laced without delay in a manure container.
(8) /\II manure containers shall ee ke13t closed at all times m<ce13ting ·.vhen the manure is
being 13laced into or taken out of the manure containers and shall ee l(e13t at all times in the
rear of the 13lace or 13remises and not less than one hundred feet or thirty and one half meters
from any residence.
(c) Manure may ee mixed with solid waste in the same standard container when it is to
ee dis13osed of with and in the same manner and at the same time as solid waste, eut in such
case, each standard container so used, including its contents, shall not exceed sixty 130unds or
twenty seven ldlograms in weight, and shall ee equi1313ed with a lid or cover adequate to kee13
flies from the interior thereof.
5.20.220 Scavenging prohibited.
_(a) No 13erson shall scavenge in any city 013erated Dis~Josal or 13rocessing facility,
including the city landfill, nor disturb nor remove any material therein, without the ex13ress
advance 13ermission of the director.
(,2b) No person shall tamper with, modify, scavenge from or deposit any type of
refuse placed in any refuse container solid waste or recyclable materials in, any solid waste or
recyclable materials sin, sox, or container which Ras-~not bee-A-provided for his or herthe use
of that person, without the permission of the person responsible for owner of the container
and payment of the fees therefor under this chapter.
160126 sh 0140153 20
(.Q~) Except as otherwise provided in Sections 5.20.090±-±Q and 5.20.110090 of this
eeae, no person shall collect any type of refuse originating the recyclable materials from any
residential place or premises or illJ.Y..posted recycling centers within the cityPalo Alto.
{.£&) The foregoing prohibitions are in addition to the prohibitions set forth in Section
41950 et seq. of the Public Resources Code.
§,20.2~0 Ne trespassiRg iR eitylaRdfill.
No person shall enter, be 1::1pon, or remain in the city landfill, e~Ecept d~::~ring the ho~::~rs of
operation posted on the main entrance thereto, or except as may be a~::~thorized in advance by
the director.
§,20.240 Sel:tedwle ef rates fer tl:te wse ef tl:te eitylaRdfill,
(a) The sched~::~le of rates for the classification of vehicles carrying the solid waste and
the maxim~::~m load for ~::~se of the city landfill shall be set forth in the m~::~nicipal fee sched~::~le.
(b) Vehicles operated by the city may be allowed toll exempt ~::~se of the city landfill.
Vehicles operated by any collector of the city may also be C>Eempt if their contract so provides,
and the collector prod~::~ces the same for inspection if req~::~ested by a city landfill employee.
(c) Vehicles O'lmed by the Palo Alto Unified School district may be allowed toll exempt
~::~se of the City Landfill.
5.20.250 Liability for payment of rates.
(b) Except as set forth in Section 5 .20.110~-h every person with residential premises or
commercialocc~::~pying, owning, controlling, or maintaining place or premises within the cityPalo
Alto shall be liable for the payment of the refuse service rates, including any solid waste
collection rates authorized by the ffi.vCity.
5.20.260 Penalty for failure to pay collection rate.
(a) All collection rates and charges imposed by the co~::~ neil Council pursuant to the
provisions of this chapter for the collection, removal and disposal of solid wasteall types of
refuse shall be a civil debt owing to the atv-City from the owner, occupant or person
maintaining or controlling the place or premises receiving the services.
(b) All such collection rates and charges shall be billed along with other municipal
utility bills, if so billed, and shall be subject to the provisions of the eft.y+City's utility rates and
regulations governing the collection and payment of other utility rates. The City may by
agreement permit the collector or other person to collect the applicable rates and charges for
refuse service. Notwithstanding the foregoing, fees for the use of Eifep-boxes may be collected
by the collector.
160126 sh 0140153 21
(c) The collection ofthe rates imposed pursuant to this chapter shall be in addition
to any other remedies available to the e+t-y-City for the failure of any person to pay the rates.
5.20.280 Administration by Ei-ty-City manager.
(a) The ef.t.y-City manager or designee shall adopt ~written rules and regulations,
not inconsistent with this chapter, as may be necessary for the proper administration and
enforcement of this chapter.~ The written rules and regulations may include, but are not
limited to, regulations relating to the required frequency of solid '.vaste a Ad recyclable
materialsrefuse collection from various types of places or premises, the types of special ~
bm<es, aAd containers required for placement at certaiA classes of places or premises, and
regulations governing the vehicles used in making ~collections, a Ad reg~:~latioAs governiAg
the 1:1se a Ad ope ratio A of the city laAdfill.
(b) The ef.t.y-City manager shall resolve all disputes concerning the administration or
enforcement of this chapter, and.,....#_his or her decision iA s1:1ch matters shall be final.
5.20.290 Penalty for violation.
Violation of any provision of this chapter shall be subject to the provisions and penalties
set forth in Title 1 of the Municipal Code unless otherwise specified.this code.
SECTION 2. Section 18.23.020 of Chapter 18.23 of Title 18 is hereby amended to read,
as follows:
18.23.020 Refuse+Fa&A Qisposal disposal areasaREi Ree•teliRg
(A) Purpose
Assure that development provides adequate and accessible interior areas or covered
exterior enclosures for the storage of trash aAd recyclable materialsrefuse in appropriate
containers with storage capacity for a maximum of one week, and that tfa.sR-refuse disposal
aAd recycliAg areasstructures and enclosures are located as far from abutting residences as is
reasonably possible.
(B) Requirements
(i) Refuse disposal and structures and enclosures Trash disj3osal a Ad reC';clable areas
shall be accessible to all residents or users of the property.
(ii) Compostable materials and recyclable materials RecycliAg facilities shall be located,
sized, and designed to encourage and facilitate convenient use.
(iii) Refuse disposaiTrash disj3osal aAd recyclable areas shall be screened from public
view by masonry or other opaque and durable material, and shall be enclosed and covered.
Gates or other controlled access shall be provided where feasible. Chain link enclosures are
strongly discouraged.
160126 sh 0140153 22
(iv} Refuse disposal structures and enclosures Trash elisposal anel recycling str~:~ct~:~res
shall be architecturally compatible with the design of the project.
(v} The design, construction and accessibility of recycling refuse disposal areas and
enclosures shall be subject to approval by the architect~:~ral review 13oare1Architectural Review
Board, in accordance with design guidelines adopted by that 13oarel Board and approved by the
city co1:1nciiCouncil pursuant to Section 18.76.020.
SECTION 3. The Council finds that the adoption of this ordinance is not considered a
project under the California Environmental Quality Act or the CEQA Guidelines, therefore, no
environmental impact assessment is necessary.
SECTION 4. This ordinance shall be effective on the commencement of the thirty-first
day after the date of its adoption.
INTRODUCED: January 11, 2016
PASSED: January 25, 2016
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
APPROVED:
Director of Public Works
160126 sh 0140153 23