HomeMy WebLinkAbout2021-11-29 Ordinance 5536
Ordinance No. 5536
An Ordinance of the Council of the City of Palo Alto Amending Title 5 (Health and Sanitation),
Chapter 5.20 (Removal and Disposal of Refuse) and Adding Chapter 5.40 (Edible Food Recovery
Requirements) for Mandatory Organic Waste Disposal Reduction in Landfills in Compliance with
Senate Bill 1383
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management
Act of 1989 (California Public Resources Code Section 40000, et seq., as amended,
supplemented, superseded, and replaced from time to time), requires cities and counties to
reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to
the maximum extent feasible before any incineration or landfill disposal of waste, to conserve
water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of
California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and
Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and
repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented,
superseded and replaced from time to time), places requirements on businesses and Multi-
Family property owners that generate a specified threshold amount of Solid Waste to arrange
for recycling services and requires the City to implement a Mandatory Commercial Recycling
program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the
State of California on September 28, 2014, which added Chapter 12.9 (commencing with
Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste,
as amended, supplemented, superseded, and replaced from time to time), requires businesses
and Multi-Family property owners that generate a specified threshold amount of Solid Waste,
Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires
the City to implement a recycling program to divert Organic Waste from businesses subject to
the law, and requires the City to implement a Mandatory Commercial Organics Recycling
program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, (approved by the Governor
of the State of California in September 2016) required CalRecycle to develop Regulations to
reduce organics in landfills as a source of methane. The Regulations (14 CCR 18981 et seq.)
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
place requirements on multiple entities including the City, residential households, Commercial
Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers,
Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide
Organic Waste disposal reduction targets. SB 1383 further requires the City to adopt and
enforce an ordinance or enforceable mechanism to implement relevant provisions of the SB
1383 Regulations.
E. Adoption of this Ordinance complies with the requirements of SB 1383 and will also help
reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the
maximum amount of their Edible Food, that would otherwise be disposed, be recovered for
human consumption.
F. Requirements in this Ordinance are consistent with other adopted goals and policies of the
City including the City of Palo Alto 2018 Zero Waste Plan containing new programs and
initiatives to meet the City’s zero waste goals, and the City of Palo Alto’s Sustainability Climate
Action Plan goals of 95 percent of waste generated in Palo Alto to be diverted from landfills and
80 percent reduction of greenhouse gases by 2030.
SECTION 2. Chapter 5.20 of Title 5 is hereby amended to read as follows. The amendments are
shown through strikethrough and interlineation:
Chapter 5.20
COLLECTION, REMOVAL AND DISPOSAL OF REFUSE *
Sections:
5.20.010 Definitions.
5.20.020 Declaration of policy.
5.20.030 Discarding of refuse.
5.20.040 Collection, removal and disposal only by authorized persons.
5.20.050 No unauthorized containers.
5.20.060 Contracting for special hauling services.
5.20.070 Use of agents or subcontractors by the collector.
5.20.080 Number of solid waste containers required.
5.20.090 Collection and ownership of recyclable materials.
5.20.100 Collection and ownership of compostable materials.
5.20.105 Contamination of containers.
5.20.108 Requirements for owners or managers of multifamily properties and commercial
premises.
5.20.109 Requirements for special events.
5.20.110 Exclusions.
5.20.111 Self-Haul.
5.20.120 Refuse containers.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
5.20.130 Maintenance and placement of containers.
5.20.140 Frequency of refuse collection.
5.20.150 Collection hours, quietness of collections, and collection equipment.
5.20.160 Litter, spillage or leakage of refuse.
5.20.170 Special permits in hardship cases.
5.20.180 No accumulation of refuse.
5.20.190 Burning, burial, or dumping of restrictions.
5.20.200 Hazardous waste.
5.20.220 Scavenging prohibited.
5.20.250 Liability for payment of rates.
5.20.260 Penalty for failure to pay collection rate.
5.20.270 Recycling center.
5.20.280 Administration by City manager.
5.20.290 Penalty for violation.
* Editor's Note: Prior ordinance history for this chapter includes Prior Code §§ 31.01 - 31.20
and 31.22 - 31.24, as amended by Ordinances 1667, 2029 (part), 2196, 2511, 2566 (part), 2627
(part), 2862, 2960 (part), 3034, 3205 and 3424. For provisions relating to dead animals, see
Chapter 6.32.
5.20.010 Definitions.
Within and limited to this chapter, the following words and phrases shall be construed as
defined in this section, unless the context indicates otherwise.
(1) “Back-haul” means transporting Refuse to a destination owned and operated by the
generator using the generator’s own employees or equipment.
(21) "Bin" means a detachable refuse container used in connection with commercial
premises with a 1 to 8 cubic yard capacity, equipped with a lid, and designed for mechanical
pick-up by collection vehicles.
(32) "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 solid waste or recyclable
materials.
(43) "Cart" means a wheeled receptacle equipped with a lid, and designed for mechanical
pick-up by collection vehicles.
(54) “CCR” refers to the California Code of Regulations.
(64) "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.
(75) "City manager" means the person referred to in Section 2.08.140 of the municipal code,
or designee.
(86) "Collection agreement" means a contract with the City for the collection of refuse
pursuant to Section 5.20.040.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(97) "Collector" means one or more persons authorized by Section 5.20.040 to provide the
collection, processing and disposal of refuse pursuant to one or more written contracts with the
city.
(108) "Commercial business owner" means any person holding or occupying, alone or with
others, commercial premises, whether or not the person holds the title or is the record owner
of the commercial premise.
(119) "Commercial premises" means any occupied real property in Palo Alto, except property
occupied by federal, state or local government agencies which do not consent to their inclusion,
and except residential premises as defined in subsection (373) hereof, and shall include,
without limitation, any wholesale or retail establishments, restaurant and food service
establishment, bar, store, shop, shopping center, office, industrial establishment,
manufacturing establishment, service station, repair, research and development establishment,
professional, services, sports or recreational facility, any place or premise where an animal is
maintained or sheltered, construction or demolition site, any multifamily property as defined
ple dwelling that is not a residential premise in subsection 26 hereof , and any other
commercial or industrial business facility, structure, site, or other establishment in Palo Alto.
(120) "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. “Compostable materials” has the same meaning as “Organic Waste” as
defined in Section 18982 (46) of Chapter 14 of the California Code of Regulations and used in SB
1383.
(13) “Compostable plastic” means any packaging made of compostable plastic meeting
Biodegradable Products Institute (BPI) and ASTM D6400 standard for compostability. The
packaging must contain the words “Compostable” to be acceptable in the City’s organic waste
collection program.
(141) "Composting" 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.
(152) "Construction and/or demolition site" means any real property in Palo Alto, at which a
building or structure, or any portion thereof, is being constructed, assembled, erected or
demolished, and during which construction or demolition waste which must be removed from
the property.
(163) "Construction and/or demolition waste" means any waste generated as the result of
construction or demolition work, including, 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.
(174) "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.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(185) "Director" means the person referred to in Section 2.08.190 of the Municipal Code, or
the director's designee.
(196) "Disposal or processing facility" means a landfill facility, a recycling facility, a
composting facility or a solid waste transfer or processing station.
(2017) "EPA" means the federal Environmental Protection Agency or successor agency.
(2118) "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, cart or other sidewalk or outdoor vendor or caterer which provides prepared and
ready-to-consume food or beverages, for public consumption.
(2219) "Hazardous waste" means waste defined as hazardous by Public Resources Code
section 40141, as it now exists or may be amended, namely, a waste or combination of wastes,
which due 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 EPA or other agency of the 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.
(23) “High diversion organic waste processing facility” means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual
average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025.
(240) "Home composting" 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.
(251) "Manure" means the waste droppings of any animal.
(262) "Multifamily property" means any residential premise with three or more attached
units with shared service.
(273) "Organic wastes" means "compostable materials."
(284) "Person" means any individual, or entity referred to in Section 1.04.050(5) of the
Municipal Code and includesing any general partnership, limited partnership, limited liability
partnership, or limited liability company., firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(295) "Place or premises" means every residential premises and commercial 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.
(3026) "Public solid waste or recycling receptacles" means any container for the collection of
solid waste, recyclable materials or compostable materials that are both located on public
property and intended for use by the general public.
(3127) "Recyclable materials" means materials designated by the City 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 metals.
(328) "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. This term does not
include transformation as that term is defined in Public Resources Code section 40180.
(3329) "Refuse" means and includes compostable materials, recyclable materials and solid
waste.
(340) "Refuse room" means a room(s) located inside a building in which refuse containers
are maintained and refuse is collected. Refuse rooms are typically located at the end of a
hallway or on the ground level, but may be in other locations.
(351) "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.
(362) "Residential householder" means any person owning or occupying residential premises
in Palo Alto.
(373) "Residential premises" means any residential dwelling unit in Palo Alto which does not
meet the definition of multlifamily property in subsection (26) hereof, typically single-family
homes or duplexes. , including, without limitation, a multiple unit residential complex, such as a
rental housing project, condominium, apartment house, mixed condominium and rental
housing, and a mobile home park, except any multiple dwelling which, with the prior written
approval of the director, receives commercial bin service.
(384) "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, stair
treads, trim, wall caps, bath 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.
(39) “Self-Hauler” means a person who occasionally collects, transports and disposes of solid
waste, compostable materials or recyclable materials generated at the person’s place or
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
premise, in lieu of availing themselves of the services of the collector. Self-hauler also includes
a person who back-hauls waste. Self-Hauler includes, but is not limited to, landscapers,
gardeners and contractors as specified in Section 5.20.111 of this Chapter.
(40) “Self-Hauler of Compostable Materials” means a gardener, laborer, contractor,
construction worker, or landscaper who collects, transports and disposes of compostable
materials.
(4135) "Solid waste" means solid and semisolid wastes, generated in or upon, related to the
occupancy of, remaining in or emanating from residential premises or commercial premises,
including garbage, trash, rubbish, ashes, industrial wastes, manure, 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, recyclable materials or compostable
materials.
(4236) "Solid waste enterprise" shall means any person regularly engaged in the business of
providing solid waste, recyclable materials or compostable materials handling services.
(4337) "Source separated single recyclable materials" 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 directly marketed as a single commodity.
(44) “Waste Station” means a collection of at least three refuse containers, color coded, with
proper signage located in common indoor and outdoor areas (such as lobbies, hallways, front
entrances, laundry rooms, etc.) for use by the public, employees, tenants or customers allowing
for proper separation of Refuse.
(4538) "Yard trimmings" means 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.
(Ord. 5475 §1, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.020 Declaration of policy.
(a) The accumulation, collection, removal and disposal of refuse must be controlled by the
City for the protection of the public health, safety and welfare. The Council finds that to give
practical effect to this policy a comprehensive system for the periodic collection, removal and
disposal of refuse from all places or premises is essential and benefits all occupants of places or
premises. All occupants of places or premises shall be liable for refuse collection charges
established by the Council for the collection, removal and disposal of refuse.
(b) The City complies with the applicable provisions of the 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.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(d) In addition, the city complies with the organic waste recycling requirements under AB
1826, which became effective on April 1, 2016.
(e) In 2016, SB 1383 established methane emissions reduction targets to reduce statewide
emissions of short-lived climate pollutants including, establishing a fifty percent reduction of
disposed organic waste from 2014 levels by 2020 and a seventy-five percent reduction by 2025;
and the target to reduce twenty percent of disposed edible food by 2025. Also in 2016, the city
established sustainability and climate action goals of an eighty percent reduction in greenhouse
gases and ninety- five percent diversion of materials from landfills by 2030.
(f) In 2020, CalRecycle adopted Regulations pursuant to SB 1383 (14 CCR 18981 et seq.) to
implement the goals of SB 1383; the City complies with these Regulations.
(gf) 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.
(Ord. 5475 §2, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.030 Discarding of refuse.
(a) No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any
refuse upon private property either with or without the intent to later remove the same from
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
container 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 does not prohibit the placement of refuse in
public solid waste or recycling receptacles, or in containers for collection in accordance with the
provisions of this chapter. 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.
(c) Effective July 1, 2020, Aany person occupying a commercial premises, not including
multifamily property, ple dwellings , who uses bags to collect and discard refuse, whether
placed for collection inside or outside a container, shall ensure that the refuse contents of the
bags are clearly visible. When bags are used, garbage shall be collected in clear plastic bags and
recyclable materials shall be collected in blue-tinted plastic bags.
(d) Effective July 1, 2020, Aall persons who use bags to collect compostable materials,
whether placed for collection inside or outside a container, shall use green-tinted compostable
bags such that the contents are clearly visible.
(Ord. 5475 §3, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.040 Collection, removal and disposal only by authorized persons.
(a) The City shall authorize, permit, regulate and control the collection, removal and disposal
of all refuse generated at all places or premises. For this purpose, the City may enter into a
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
collection agreement with one or more solid waste enterprises with or without advertising for
bids. The collection agreement shall not be or be deemed or construed as a franchise.
(b) Notwithstanding any permit issued by any other governmental agency authorizing the
collection of any type of refuse, no person other than a person with a collection agreement, or
its 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 type of refuse
from within the 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 its
duly authorized agents or subcontractors.
(d) Except as otherwise provided in this chapter, each residential householder and
commercial business owner shall utilize the services of the collector for the collection of refuse
from the residential or commercial premises held or occupied by that owner or occupant and
shall pay the fees for services as approved by the Council. No residential householder or
commercial business owner shall enter into an agreement with a solid waste enterprise for the
collection of refuse except as otherwise provided in this chapter.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.050 No unauthorized containers.
(a) Except as expressly authorized by this Chapter 5.20, no person other than a collector may
place a container within Palo Alto.
(b) The City shall notify, in writing, any person who violates this Section 5.20.050 that the
prompt and permanent removal of the container from the place or premises is required. The
City shall deliver the written notice by posting a copy of the notice prominently upon the
container. If the container is identified by the name and telephone number of the solid waste
enterprise servicing it, as required by Section 5.20.130(e), the City shall endeavor to contact the
enterprise by telephone. The failure of the City to notify telephonically the owner of the
presence of the container at the place or premises shall not invalidate the notice. The City may
impound or cause to be impounded any 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" means the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. Any
person who violates this Section 5.20.050 shall be liable to the City for all fines and charges
levied in connection with the collection, transportation, storage and handling of that container
by the City. The container impounded by the City shall be retrieved by the owner or his or her
representative immediately after all applicable fines and charges have been paid. The City
manager may delegate to the collector the authority to impound any unauthorized containers
and to collect the fines and charges levied by the City.
(c) Upon posting of a written notice of violation upon the unauthorized container, the person
using the unauthorized container shall immediately cease placing refuse therein.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
5.20.060 Contracting for special hauling services.
Any owner, occupant or tenant of a place or premise may contract with the collector or its
duly authorized agents or subcontractors, as provided in Section 5.20.070, but not otherwise,
for special hauling services for the collection, removal and disposal of solid waste in excess of
the regular services provided by the collector.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.070 Use of agents or subcontractors by the collector.
The City may provide in any written contract entered into pursuant to Section 5.20.040(a) 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.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.080 Number of solid waste containers required.
All persons 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 for a number of containers to hold all solid waste created, produced or
accumulated at or on the place or premise during a one-week period, unless a different
frequency for a collection schedule has been approved or directed pursuant to this chapter.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.090 Collection and ownership of recyclable materials.
(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.
(b) Recyclable materials placed for curbside 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 shallmust be free of solid waste
and compostable materials.
(d) Cardboard boxes shall be broken down flat before being placed into recyclables
containers to allow for adequate space to contain the recyclable materials.
(Ord. 5475 §4, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
5.20.100 Collection and ownership of compostable materials.
(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 place 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) The disposal of solid waste and recyclable materials in containers designated for the
collection of compostable materials is prohibited. Compostable materials that are placed in a
compostable materials container for collection by the collector shall be free of solid waste and
recyclable materials.
(d) 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.
(ed) The City may direct the collector to audit individual solid waste streams generated at
commercial or residential premises to determine the owner, occupant or tenant's compliance
with this section.
(Ord. 5475 §5, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
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 or residential premises
whenever the City or the collector determines the recyclable materials or compostable
materials container of that person is contaminated with solid waste and the waste shall 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 or residential
premises to service the container or containers and the person occupying the commercial or
residential premises will be charged a "return trip" fee specified in the refuse rate schedules.
(2) If the person occupying the commercial or residential 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 or residential 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 or residential premises. The extra solid
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
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 Section 5.20.105 (a)(1) - (2) will also apply if a person occupying a
commercial or residential premises places recyclable materials in containers designated for
compostable materials or compostable materials in containers designated for recyclable
materials.
(4) If a person occupying a commercial or residential 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 of the director.
(b) No person shall dispose of commercial grease or cooking oil in a compostable materials
container.
(Ord. 5475 §6, 2019; Ord. 5377 §1 (part), 2016)
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 shall 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 shall 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.
(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/label and be color-coded -
blue containers for recyclable materials, green containers for compostable materials, and black
containers for solid waste - to identify the primary materials type of refuse accepted and the
primary materials prohibited in each to be containerd and meet any additional design criteria
established by the City; and (3) Be placed within 6” or less of each other or 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 and or training for new occupants or , tenants, employees and contractors,
including janitors, on the manner of source separation of solid waste, compostable materials,
and recyclable materials before or within 14 days of occupation of the premises or performing
work on the premises. The owner or manager shall provide information or train current
occupants, tenants, employees and contractors at least once per calendar year.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(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) All commercial businesses including Multifamily Property shall periodically inspect green
Compostable Materials containers for contamination and shall inform employees if containers
are contaminated and of the requirements to only use those containers for Compostable
Materials.
(gf) The use of public solid waste, recycling, or composting receptacles by any commercial
premises is prohibited.
(Ord. 5377 § 1 (part), 2016)
5.20.109 Requirements for special events.
(a) The promoter or coordinator of a special event held in Palo Alto shallmust 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.
(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. If covers for
receptacles are utilized, the promoter or coordinator shall return them to the city after the
special event.
(Ord. 5475 §7, 2019; Ord. 5377 §1 (part), 2016)
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 at the residential premise, composting at home, or selling, donating or disposing of
recyclable or compostable materials generated at the residential premise. The containers
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
provided by the collector may not be used for activities authorized by this
paragraph. 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. No residential
householder may collect or dispose of solid waste generated at a location that is not the
residential premise.
(b) Gardener's Exclusion. No provision of this chapter shall bar a gardener, tree trimmer or
other person engaged in a similar trade from collecting and disposing of yard trimmings not
containing other solid waste whenever the collection and disposal are incidental to providing
the gardening, tree trimming or similar services. Trade persons shall adhere to the
requirements described in Section 5.20.111.
(c) Commercial Source Separated Recyclable Materials and Compostable Materials.
(1) Commercial 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. Recyclable materials and compostable
materials collected pursuant to this paragraph (c) shall be transported to a recyclable materials
and compostable materials facility achieving a diversion rate of 90 percent and where not more
than 10 percent of the materials are disposed of in a landfill. For source separated
compostable materials owner shall follow requirements in Section 5.20.111.
(2) Commercial business owners shall demonstrate compliance with the provisions of this
paragraph (c) at the request of the director.
(3) The 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 City with information pertaining to the collection and the amount of recyclable materials
and compostable materials collected from within Palo 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 40200), from buying recyclable materials for
monetary or other valuable consideration. A recycler, junk dealer or enterprise which buys
recyclable materials shall not be prohibited from removing and transporting 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
business owner from arranging for any worn, spent, or defective equipment, or part thereof,
used in 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 that commercial business owner. Any person engaged in the
business of renovating, rebuilding, recharging, regenerating, or otherwise restoring or repairing
the equipment or part thereof, is not prohibited from transporting the same from or returning
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
it to the commercial business, or from removing, transporting or disposing of the 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 under contract
for the deconstruction, demolition or reconstruction of a building, structure, pavement, or
concrete installation from marketing any saleable, including cardboard and metal, or donation
items salvaged from the deconstruction, demolition or reconstruction, or from causing the
salvageable items or construction or demolition waste to be removed and transported from the
place or premises at 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 under contract for the construction, deconstruction or demolition work that
generated the salvageable items or by regularly employed personnel carried on the licensed
contractor's payroll records as an employee.
(2) All vehicles used to facilitate 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, regulations and ordinances of
the state of California and the City. All vehicles shall be subject to inspection by and the
approval of the director from time to time.
(3) The placement and use of a container, other than a container provided by the collector,
shall be prohibited, whether placed on the ground, on a vehicle, or any other place.
(4) A licensed contractor performing the work can collect, remove and dispose of clean
soil. The soil must be free of other materials including compostable materials, wood, C & D
debris, metal, etc.
(g) 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 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 document destruction or disposal service.
(i) Self-Haul Exclusion. In addition to the authority granted by paragraph (a) of this Section
5.20.110 nothing in this chapter shall prevent a commercial business owner or residential
householder from, on a regular basis, collecting, transporting and disposing of solid waste
generated at the place or premise, in lieu of availing themselves of the services of the
collector. No residential householder or commercial business owner shall employ or engage
any solid waste enterprise, other than the collector, to haul or transport the solid waste to a
disposal or processing facility. Any residential householder or commercial business owner who
pursuant to this paragraph (i) seeks to on a regular basis collect, transport and dispose of solid
waste generated at the place or premise, shall first obtain approval of the director, and must
comply with any written rules and regulations established by the director.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(ij) 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 that meets all
applicable regulatory requirements. Any disposal by a person exempted under this section shall
not be relieved 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 chapter or any other applicable rates or fees.
(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.
(jl) 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.
(km) 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.
(Ord. 5475 §8, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.111 Self-Haul
(a) In addition to the authority granted by paragraph (a) of Section 5.20.110 nothing in this
chapter shall prevent a person from, occasionally collecting, transporting, and disposing of
refuse generated at the place or premise, in lieu of availing themselves of the services of the
collector. The person shall adhere to the container requirements as specified in Section
5.20.050. Any person who pursuant to paragraph (a) seeks to on a regular basis collect,
transport and dispose of solid waste generated at the place or premise, shall first obtain
approval of the director, and must comply with any written rules and regulations established by
the director.
(b) Self-haulers of compostable materials, including gardeners, laborers, contractors,
construction workers, and landscapers disposing of source separated compostable materials,
shall:
(1) Adhere to container requirements as specified in Section 5.20.050, provided, however,
that Self-haulers of compostable materials can use a truck with an attached bed, a
landscaper/gardeners truck, a dump truck, or a trailer to collect, transport and dispose of
compostable materials.
(2) Transport the compostable materials to a high diversion organic waste processing facility
approved by the City.
(3) Keep a record of the amount of source separated compostable materials delivered to each
high diversion waste processing facility, including:
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(A) Delivery receipts and weight tickets from the entity accepting the waste.
(B) The amount of material in cubic yards or tons transported by the generator to each entity.
(C) If the material is transported to an entity that does not have scales on-site, or employs
scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine
the weight of materials received, the Self-Hauler is not required to record the weight of
material but shall keep a record of the entities that received the compostable materials.
(4) Provide information collected in section (b) (3c) above to City if requested, which shall be
subject to Inspection by the City.
(c) A residential compostable materials generator that self-hauls compostable materials is not
required to record or report information.
(d) A gardener, landscaper, or other contractor is not considered a residential compostable
materials generator and is therefore required to follow section (b) above.
(e) No residential householder or commercial business owner shall employ or engage any
solid waste enterprise, other than the collector, to haul or transport the solid waste to a
disposal or processing facility.
5.20.120 Refuse containers.
(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 refuse 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.
(d) All commercial property owners, and commercial business owners and persons shall
provide access to the city or the collector for the inspection of internal and external refuse
containers and enclosures. The director shall be authorized to conduct inspections of
commercial premises, as permitted by law, to ensure compliance with this chapter, including
this section.
(e) Commercial property owners, and commercial business owners and persons shall ensure
that all refuse containers and refuse enclosures are accessible and easily serviceable by the
collector. Service vehicles shall have a safe and clear passage and access to refuse enclosures to
provide for the efficient service to customers.
(Ord. 5475 §9, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.130 Maintenance and placement of containers.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(a) The commercial business owners and residential householder shall maintain their
containers at their places and premises and the areas where the containers are located in good,
usable, clean and sanitary condition, and shall ensure that the lids on the container are kept
closed and shall ensure that there is no litter underneath or surrounding the containers. No
refuse shall be placed outside of the container. Containers shall be maintained by the
commercial business owners and residential householders in a manner that will prevent
leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed
outside of retail areas, shallmust 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 containers at any place or premise shall be subject to the
approval of the director. Every commercial business owner shall provide a location at the
commercial premises for the containers they use.
(c) Any collection agreement may provide for the rental of containers approved by the
collector to customers. The collector shall be responsible for maintenance of the rental
containers by keeping the containers in good and sanitary condition (ordinary wear and tear
excepted) and shall repaint the containers at a frequency as determined by the director. The
collector and the renter shall determine and agree upon the placement of the containers to
minimize traffic, aesthetics and other potential effects that may be associated with their
placement.
(d) Where a container is not rented from the collector but is rented from another solid waste
enterprise and approved by the City, the renter shall ensure that the container meets the
standards of quality and maintenance applicable to the 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) Any containers of a one cubic yard or greater size shall be identified with the name and
telephone number of the collector or other solid waste enterprise servicing the container. The
container shall be identified by the type of materials that can be deposited in the container.
(f) Containers shall remain on private property and not in the public right-of-way except as
necessary to accommodate scheduled collection. Containers are permitted in the public right-
of-way only during the day preceding the day of scheduled collection and terminating the day
following such collection.
(Ord. 5475 §10, 2019; Ord. 5377 §1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.140 Frequency of refuse collection.
The Collector or its duly authorized agents or subcontractors shall collect refuse from all
residential premises and commercial premises within Palo Alto at least once a week, unless the
director authorizes a different frequency of collection as provided in Section 5.20.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.150 Collection hours, quietness of collections, and collection equipment.
(a) Refuse shall be collected only 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
adjacent to residential districts.
(b) Refuse shall be collected only between the hours of 4:00 a.m. and 9:00 p.m. in
commercial districts other than as indicated in (a) above, 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 refuse
collection shall be operated in a manner that complies with the noise ordinance codified in the
Municipal Code. All unnecessarily noisy trucks or equipment for such collections are
prohibited.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.160 Litter, spillage or leakage of refuse.
All types of refuse hauled by any person over public streets in Palo Alto shall be securely tied
and covered during hauling in order to prevent litter and the leakage, spillage, blowing or
dropping of refuse of any type on to public streets. No person shall allow any type of refuse to
leak, spill, scatter, blow or drop from any vehicle operated on public streets within Palo Alto.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.170 Special permits in hardship cases.
Upon a showing of hardship by the owner, occupant or tenant of a place or premise, the
director may issue a special written permit authorizing a variance with the provisions of this
chapter yet the variance will be subject to the imposition of terms and conditions as the
director may deem necessary to protect the public health, safety and welfare.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.180 No accumulation of refuse.
No person shall permit any type of refuse to accumulate at 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 collection, removal and disposal of refuse for compactors
at commercial premises. This provision shall not be construed to prohibit any person from
temporarily storing building materials at any place or premises during the period of active
construction, reconstruction or repair of a building or structure thereon under a current valid
building permit, storing wood in an orderly pile at the place or premise for household use, or
retaining compostable materials for home composting purposes.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.190 Burning, burial, or dumping of restrictions.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(a) No person shall burn any refuse within Palo Alto at any time.
(b) No person shall bury or dump any type of refuse within Palo Alto. Compostable materials
may be buried on-site by the occupant of the residential place or premises.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.200 Hazardous waste.
No person shall deposit any hazardous waste in a container.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.220 Scavenging prohibited.
(a) No person shall tamper with, modify, scavenge from or deposit any type of refuse placed
in any refuse container which is not provided for the use of that person, without the permission
of the person responsible for the container and payment of the fees therefor under this
chapter.
(b) Except as otherwise provided in Sections 5.20.090 and 5.20.110, no person shall collect
any type of refuse originating from any residential place or premises or any posted recycling
center within Palo Alto.
(c) The foregoing prohibitions are in addition to the prohibitions set forth in Section 41950 et
seq. of the Public Resources Code.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.250 Liability for payment of rates.
Except as set forth in Section 5.20.110, every person with residential premises or commercial
premises within Palo Alto shall be liable for the payment of the refuse service rates, including
any collection rates authorized by the City.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
5.20.260 Penalty for failure to pay collection rate.
(a) All collection rates and charges imposed by the Council pursuant to the provisions of this
chapter for the collection, removal and disposal of all types of refuse shall be a civil debt owing
to the 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 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 boxes may be collected by the collector.
(c) The collection of the rates imposed pursuant to this chapter shall be in addition to any
other remedies available to the City for the failure of any person to pay the rates.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
5.20.270 Recycling center.
The city may maintain within the city's territorial limits a recycling center which accepts from
residents and nonresidents the delivery of recyclable materials. The delivery of some or all of
these recyclable materials may be subject to the imposition of rates as a condition of
acceptance at the recycling center. Under rules and regulations promulgated by the city
manager, the city at any time may prohibit nonresidents from delivering some or all recyclable
materials to the recycling center, and may impose on nonresidents rates on the delivery of
recyclable materials that differ from those imposed on residents.
(Ord. 5136 § 2, 2011: Ord. 4451 § 1 (part), 1997)
5.20.280 Administration by City manager.
(a) The 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 refuse collection from various types of places or premises,
the types of special containers required for placement at places or premises, and regulations
governing the vehicles used in making collections.
(b) The City manager shall resolve all disputes concerning the administration or enforcement
of this chapter, and his or her decision shall be final.
(Ord. 5377 § 1 (part), 2016; Ord. 4451 § 1 (part), 1997)
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.
(Ord. 5377 § 1 (part), 2016; Ord. 4618 § 1, 2000: Ord. 4451 § 1 (part), 1997)
SECTION 3. Title 5, Health and Sanitation, of the Palo Alto Municipal Code is hereby amended
by adding a new Chapter 5.40, entitled “Edible Food Recovery Requirements”, to read in full as
follows.
Chapter 5.40
EDIBLE FOOD RECOVERY REQUIREMENTS
Sections:
5.40.010 Declaration of policy.
5.40.020 Definitions.
5.40.030 Requirements For Commercial Edible Food Generators.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
5.40.040 Requirements For Food Recovery Organizations And Services.
5.40.050 Edible Food Recovery Inspections And Investigations By Department Or Designee.
5.40.060 Enforcement.
5.40.010 Declaration of Policy.
(a) Pursuant to Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, the
California Department of Resources Recycling and Recovery (CalRecycle) developed regulations
to reduce organics in landfills as a source of methane. The regulations place new requirements
on cities, counties, residential households, businesses, waste haulers, and food recovery
organizations to support achievement of statewide organic waste disposal reduction targets.
The regulations are set forth in Title 14 of the California Code of Regulations (“14 CCR”).
(b) CalRecycle’s regulations direct cities and counties to develop edible food recovery
programs and require certain businesses to arrange for the donation of edible food that would
otherwise go to waste. In addition to targeting methane emissions, these programs will help
address food insecurity in California.
(c) Pursuant to 14 CCR Section 18981.2, jurisdictions may delegate certain responsibilities for
implementing, monitoring, and enforcing their edible food recovery programs to public or
private entities.
5.40.020 Definitions.
The definitions set forth in this section shall govern the application and interpretation of this
Chapter.
(1) “City” means the City of Palo Alto.
(2) “Department” means any department of the City, the County of Santa Clara, or any other
public agency designated by the City to enforce or administer this Chapter, as authorized in
14 CCR Section 18981.2. The City manager or designee is authorized to administer and
enforce the provisions of this Chapter on behalf of the City.
(3) “Designee” means any private entity that the City contracts with or otherwise arranges to
carry out any responsibilities of this Chapter, as authorized in 14 CCR Section 18981.2.
(4) “Edible Food” means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this Chapter, “Edible Food” is not solid
waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes
the recovery of edible food that does not meet the food safety requirements of the
California Retail Food Code.
(5) “Food Distributor” means a company that distributes food to entities including, but not
limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section
18982(a)(22).
(6) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(7) “Food Recovery” means actions to collect and distribute food for human consumption
which otherwise would be disposed, or as otherwise defined in 14 CCR Section
18982(a)(24).
(8) “Food Recovery Organization” means an entity that engages in the collection or receipt of
Edible Food from commercial edible food generators and distributes that edible food to
the public for food recovery either directly or through other entities. “Food Recovery
Organization” includes, but is not limited to:
(i) A food bank as defined in Section 113783 of the Health and Safety Code;
(ii) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(iii) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a commercial edible food generator for the purposes of
this Chapter pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from
this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
(9) “Food Recovery Service” means a person or entity that collects and transports Edible Food
from a commercial edible food generator to a Food Recovery Organization or other entities
for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food
Recovery Service is not a Commercial Edible Food Generator.
(10) “Food Service Provider” means an entity primarily engaged in providing food services to
institutional, governmental, commercial, or industrial locations of others based on
contractual arrangements with these types of organizations, or as otherwise defined in 14
CCR Section 18982(a)(27).
(11) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
(12) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
(13) “Hotel” has the same meaning as in Section 17210 of the Business and Professions code.
(14) “Inspection” means a Department or Designee’s electronic or on-site review of records,
containers, and an entity’s collection, handling, recycling, or landfill disposal of organic
waste or Edible Food handling to determine if the entity is complying with requirements
set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(15) “Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
lot, golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this Chapter.
(16) “Large Venue” means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. A venue facility includes, but is not limited to, a public, non-profit, or
privately owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts
center, fairground, museum, theater, or other public attraction facility. A site under
common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue. If the definition in
14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this Chapter.
(17) “Local Education Agency” means a school district, charter school, or county office of
education that is not subject to the control of city or county regulations related to solid
waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(18) “Non-Local Entity” means an entity that is an organic waste generator but is not subject to
the control of a jurisdiction’s regulations related to solid waste. These entities may
include, but are not limited to, special districts, federal facilities, prisons, facilities
operated by the state parks system, public universities, including community colleges,
county fairgrounds, and state agencies.
(19) “Restaurant” means an establishment primarily engaged in the retail sale of food and
drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
(20) “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.
(21) “Supermarket” means a full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods,
or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section
18982(a)(71).
(22) “Tier One Commercial Edible Food Generator” means the following:
(i) Supermarkets, as defined above.
(ii) Grocery Stores, as defined above, with a total facility size equal to or greater than 10,000
square feet.
(iii) Food Service Providers, as defined above.
(iv) Food Distributors, as defined above.
(v) Wholesale Food Vendors, as defined below.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall
apply to this Chapter.
For the purposes of this Chapter, Food Recovery Organizations and Food Recovery Services
are not commercial edible food generators.
(23) “Tier Two Commercial Edible Food Generator” means the following:
(i) Restaurants, as defined above, with 250 or more seats or a total facility size equal to or
greater than 5,000 square feet.
(ii) Hotels, as defined above, with an on-site Food Facility and 200 or more rooms.
(iii) Health facilities, as defined above, with an on-site Food Facility and 100 or more beds.
(iv) Large Venues, as defined above.
(v) Large Events, as defined above.
(vi) State agencies with a cafeteria with 250 or more seats or total cafeteria facility size equal
to or greater than 5,000 square feet.
(vii) Local Education Agency facilities, as defined above, with on-site Food Facilities, as
defined above.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food
Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall
apply to this Chapter. Non-local entities that operate a facility that meets this definition are
Tier Two Commercial Edible Food Generators.
For the purposes of this Chapter, food recovery organizations and food recovery services
are not commercial edible food generators.
(24) “Wholesale Food Vendor” means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received,
shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
5.40.030 Requirements For Commercial Edible Food Generators.
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to
be provided by others, shall require Food Facilities operating at the Large Venue or Large
Event to comply with the requirements of this Section, commencing January 1, 2024.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(c) Tier One and Tier Two Commercial Edible Food Generators shall comply with the following
requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii)
acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to
the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow the Department or Designee to access the premises, conduct inspections, and
review electronic and hard copy records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR
Section 18991.4:
(A) A list of each Food Recovery Service or Organization that collects or receives its
Edible Food pursuant to a contract or written agreement established under 14 CCR
Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or
Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or
Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery
Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or
self-hauled to a Food Recovery Service or Food Recovery Organization for Food
Recovery.
(d) Tier One Commercial Edible Food Generators shall submit Food Recovery Reports, as
defined below, to the Department or Designee according to the following schedule:
(1) On or before August 1, 2022, Tier One Commercial Edible Food Generators shall submit
a Food Recovery Report for the period of January 1, 2022 through June 30, 2022.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Tier One
Commercial Edible Food Generators shall submit a Food Recovery Report for the period
covering the entire previous calendar year.
(e) Tier Two Commercial Edible Food Generators shall submit Food Recovery Reports, as
defined below, to the Department or Designee according to the following schedule:
(1) On or before May 1, 2025, and on or before May 1st each year thereafter, Tier Two
Commercial Edible Food Generators shall submit a Food Recovery Report for the period
covering the entire previous calendar year.
(f) Food Recovery Reports submitted by Tier One and Tier Two Commercial Edible Food
Generators shall include the following information:
(1) The name and address of the Commercial Edible Food Generator;
(2) The name of the person responsible for the Commercial Edible Food Generator’s edible
food recovery program;
(3) A list of all contracted Food Recovery Services or Food Recovery Organizations that
collect Edible Food from the Commercial Edible Food Generator;
(4) The total number of pounds of Edible Food, per year, donated through a contracted
Food Recovery Organization or Food Recovery Service.
(g) Nothing in this Chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance issued by the California Department
of Education pursuant to Senate Bill 557 (2017).
5.40.040 Requirements For Food Recovery Organizations And Services
(a) Food Recovery Services collecting, receiving, or coordinating the collection of Edible Food
directly from Tier One or Tier Two Commercial Edible Food Generators, via a contract or
written agreement established under 14 CCR Section 18991.3(b), shall maintain the
following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the Service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food
Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization
per month.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(4) The name, address, and contact information for each Food Recovery Organization that
the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting, receiving, or coordinating the collection of Edible
Food directly from Tier One or Tier Two Commercial Edible Food Generators, via a contract
or written agreement established under 14 CCR Section 18991.3(b), shall maintain the
following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the Organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible Food
Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the
organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements with one or
more Tier One or Tier Two Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall submit Food Recovery Reports, as defined below, to the Department or
Designee according to the following schedule:
(1) On or before August 1, 2022, Food Recovery Organizations and Food Recovery Services
shall submit a Food Recovery Report for the period of January 1, 2022 through June 30,
2022;
(2) On or before May 1, 2023, and on or before May 1st each year thereafter, Food
Recovery Organizations and Food Recovery Services shall submit a Food Recovery
Report for the period covering the entire previous calendar year.
(d) Food Recovery reports submitted by Food Recovery Services or Organizations shall include
the following information:
(1) Total pounds of Edible Food recovered in the previous calendar year from Tier One and
Tier Two Edible Food Generators with whom the reporting entity has a contract or
written agreement with pursuant to 14 CCR Section 18991.3(b).
(2) Total pounds of Edible Food recovered in the previous calendar year from the Tier One
and Tier Two Commercial Edible Food Generators within Santa Clara County with whom
the reporting entity has a contract or written agreement pursuant to 14 CCR Section
18991.3(b).
(e) In order to support Edible Food Recovery capacity planning assessments or other studies
conducted by the County of Santa Clara, the City, or their Designees, Food Recovery
Services and Food Recovery Organizations operating in the City shall provide information
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
and consultation to the City, Department, or Designee, upon request, regarding existing, or
proposed new or expanded, Food Recovery capacity that could be accessed by the City and
its Tier One and Tier Two Commercial Edible Food Generators. A Food Recovery Service or
Food Recovery Organization contacted by the City, the Department, or Designee shall
respond to such request for information within 60 days, unless a shorter timeframe is
specified.
5.40.050 Edible Food Recovery Inspections And Investigations By Department Or Designee.
(a) The Department and/or Designee are authorized to conduct Inspections and investigations,
at random or otherwise, of any collection container, collection vehicle loads, or transfer,
processing, or disposal facility for materials collected from generators to confirm
compliance with this Chapter by Tier One and Tier Two Commercial Edible Food Generators,
Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This
Section does not allow the Department or Designee to enter the interior of a private
residential property for Inspection.
(b) Regulated entities shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the Department’s or
Designee’s employees during such Inspections and investigations. Such Inspections and
investigations may include in-person or electronic review of Edible Food Recovery activities,
records, or any other requirement of this Chapter described herein. Failure to provide or
arrange for access to an entity’s premises or access to records for any Inspection or
investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the Department or Designee during its Inspections, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Representatives of the Department and/or Designee are authorized to conduct any
Inspections, or other investigations as reasonably necessary to further the goals of this
Chapter, subject to applicable laws.
(e) Department shall receive written complaints, including anonymous complaints, regarding
entities that may be in violation of this Chapter. Complaints shall include the name and
contact information of the complainant, if the complainant is not anonymous; the identity
of the alleged violator, if known; a description of the alleged violation including location(s)
and all other relevant facts known to the complainant; any relevant photographic or
documentary evidence to support the allegations in the complaint; and the identity of any
witnesses, if known.
5.40.060 Enforcement.
(a) Administrative Fine. Violation of any provision of this Chapter shall constitute grounds for
issuance of a Notice of Violation and assessment of an administrative fine by the
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
Department. Absent compliance by the respondent within the deadline set forth in the
Notice of Violation, the Department shall commence an action to impose penalties, via an
administrative citation and fine.
(b) Notice of Violation. Before assessing an administrative fine, the Department shall issue a
Notice of Violation requiring compliance within sixty days of issuance of the Notice. The
Notice shall include: (1) the name(s) of each person or entity to whom it is directed, (2) a
factual description of the violations, including the regulatory section(s) being violated, (3) a
compliance date by which the respondent is to take specified action(s), and (4) the penalty
for not complying before the specified deadline.
(c) Extensions to Compliance Deadlines. The Department may extend the compliance deadlines
set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond
the control of the respondent that make compliance within the deadlines impracticable,
including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural
disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals;
(3) Deficiencies in Edible Food Recovery capacity and the existence of a corrective action
plan imposed by CalRecycle pursuant to 14 CCR Section 18996.2 due to those
deficiencies; or,
(4) Any other circumstance in which the Department Director, in their sole discretion, finds
good cause to extend the compliance deadlines.
(d) Administrative Citations. If the respondent fails to correct the violation by the compliance
date, the Department shall issue an administrative citation and fine. The citation shall
include a description of the administrative citation appeal process, including the designated
hearing officer, the time within which the administrative citation may be contested, and
instructions for requesting a hearing.
(e) Amount of Fine. The amount of the administrative fine for each violation of this Chapter
shall be as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $100 to $200 per
violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to
$500 per violation.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to
determine the amount of the penalty for each violation within the appropriate penalty
range:
(1) The nature, circumstances, and severity of the violation(s).
(2) The violator’s ability to pay.
(3) The willfulness of the violator’s misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter.
(5) Evidence of any economic benefit resulting from the violation(s).
(6) The deterrent effect of the penalty on the violator.
(7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Appeals. Persons receiving an administrative citation for an uncorrected violation may
request a hearing to appeal the citation. The City will designate a hearing officer who shall
conduct the hearing and issue a final written order. The hearing officer may be a City
official or another public agency designated by the City. The hearing officer shall be
identified in the administrative citation. A hearing will be held only if it is requested within
fifteen days from the date of the notice of the administrative citation.
(h) Other Remedies. Other remedies allowed by law may be used to enforce this Chapter,
including civil action or criminal prosecution as misdemeanor or infraction. The Department
and/or City may pursue civil actions in the California courts to seek recovery of unpaid
administrative citations. The Department and/or City may choose to delay court action
until such time as court action is a reasonable use of staff and resources.
(i) Education Period for Non-Compliance. Beginning January 1, 2022, and through December
31, 2023, the Department and/or Designee will conduct Inspections and compliance
reviews. If the Department and/or Designee determines that a Tier One Commercial Edible
Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not
in compliance, it shall provide educational materials to the entity describing its obligations
under this Chapter and a notice that compliance is required. It shall also provide notice that
violations may be subject to administrative civil penalties starting on January 1, 2024.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
SECTION 5. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
Guidelines), and the environmental regulations of the City. The City Council hereby finds that
under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
requirements of CEQA because it can be seen with certainty that the provisions contained
herein would not have the potential for causing a significant effect on the environment. It also
finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines
Sections 15307 and 15308 as an action by a regulatory agency taken to protect the
environment and natural resources.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
//
SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED: November 1, 2021
PASSED: November 29, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney of Designee City Manager
____________________________
Director of Public Works
____________________________
Director of Administrative Services
DocuSign Envelope ID: D9DE04E5-FB65-49D3-9C60-32F2F547BAA3
Certificate Of Completion
Envelope Id: D9DE04E5FB6549D39C6032F2F547BAA3 Status: Completed
Subject: Please DocuSign: ORD 5536 Ordinance Updates to Chapter 5.20 9.21.21 (002) Updated by CM 9.28.pdf
Source Envelope:
Document Pages: 33 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Danielle Kang
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
12/1/2021 8:05:21 AM
Holder: Danielle Kang
Danielle.Kang@cityofpaloalto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Joan Borger
Joan.Borger@CityofPaloAlto.org
Special Counsel
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.32.175.131
Sent: 12/1/2021 8:08:07 AM
Viewed: 12/6/2021 10:11:19 AM
Signed: 12/6/2021 10:12:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kiely Nose
Kiely.Nose@CityofPaloAlto.org
Director, Administrative Services/CFO
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.162.77.140
Sent: 12/6/2021 10:12:07 AM
Viewed: 12/6/2021 2:29:14 PM
Signed: 12/6/2021 2:29:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brad Eggleston
Brad.Eggleston@CityofPaloAlto.org
Director of Public Works
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 12/6/2021 2:29:38 PM
Viewed: 12/6/2021 2:54:46 PM
Signed: 12/6/2021 2:55:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 12/6/2021 2:55:19 PM
Viewed: 12/6/2021 4:32:13 PM
Signed: 12/6/2021 4:32:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Tom DuBois
tomforcouncil@gmail.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.5.55.204
Sent: 12/6/2021 4:32:28 PM
Viewed: 12/6/2021 5:53:49 PM
Signed: 12/6/2021 5:54:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lesley Milton
Lesley.Milton@CityofPaloAlto.org
City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 73.223.74.76
Sent: 12/6/2021 5:54:21 PM
Viewed: 12/7/2021 8:40:59 AM
Signed: 12/7/2021 8:41:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/1/2021 8:08:07 AM
Certified Delivered Security Checked 12/7/2021 8:40:59 AM
Signing Complete Security Checked 12/7/2021 8:41:19 AM
Completed Security Checked 12/7/2021 8:41:19 AM
Payment Events Status Timestamps