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HomeMy WebLinkAboutStaff Report 13547 City of Palo Alto (ID # 13547) City Council Staff Report Report Type: Action Items Meeting Date: 11/1/2021 City of Palo Alto Page 1 Title: Adoption of an Ordinance Amending Existing Palo Alto Municipal Code Chapter 5.20, Collection, Removal and Disposal of Refuse, and Adding Chapter 5.40, Edible Food Recovery, to Comply with Senate Bill 1383 (Short- Lived Climate Pollutants Reduction Strategy); Finding of Exemption from CEQA Review; Adoption of a Resolution Amending the Administrative Penalty Schedule to add the SB 1383 Requirements; and Review of Other Requirements Related to Senate Bill 1383. From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1. Adopt an Ordinance amending Palo Alto Municipal Code (PAMC) Chapter 5.20 Collection, Removal and Disposal of Refuse, and adding a new Chapter 5.40 Edible Food Recovery (Attachment A); 2. Find that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15061(b)(3), 15307 and 15308; and 3. Adopt the Resolution Amending the Administrative Penalty Schedule (Attachment B). Executive Summary This staff report details the recommended actions the City take to ensure its compliance with the new Short-Lived Climate Pollutant legislation outlined in Senate Bill 1383 (SB 1383). The SB 1383 regulations aim to reduce a variety of short-lived climate pollutants, including methane from organic waste disposed in landfills. While the City meets many of the requirements through its existing Zero Waste programs, including the commercial and residential compostables collection programs and mandatory recycling and composting ordinance, the following crucial actions are needed to fully comply with the new State regulations: • Update the PAMC Chapter 5.20, Collection, Removal and Disposal of Refuse and the Administrative Penalty Schedule to align with the SB 1383 requirements and adjust the Zero Waste enforcement program to incorporate the new monitoring and compliance requirements; 13 Packet Pg. 295 City of Palo Alto Page 2 • Establish an edible food recovery program including a new ordinance requiring food generators to recover the food they generate to feed people instead of disposing of it and increase capacity for edible food recovery; and • Increase the City’s annual purchase of recovered organic products to meet the procurement requirements by conducting a future Request for Proposals. Background In September 2016, Governor Brown signed SB 1383 into law, which set methane emissions reduction targets for California in a statewide effort to reduce the emissions of short-lived climate pollutants. Landfills are the third largest source of methane in California and are responsible for 20 percent of the state’s methane emissions. When organic waste such as food scraps, yard trimmings, and paper products are disposed in a landfill, they decompose in the absence of oxygen and create methane, a powerful greenhouse gas. SB 1383 regulations aim to reduce methane emissions by keeping organic waste out of landfills. The regulations established targets to achieve a 50 percent reduction in the level of statewide disposal of organic waste by 2020, a 75 percent reduction in the level of statewide disposal of organic waste by 2025, and a target of at least 20 percent of currently disposed edible food to be recovered for human consumption by 2025. This is to be achieved through the mandated collection of organic material to be processed into recovered organic products instead of landfilled and the establishment of edible food recovery programs in cities throughout the State. Under SB 1383 the term “organic waste” refers to solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. In PAMC Chapter 5.20 the term “Compostables” is used and is meant to be construed as having the same meaning as organic waste. The California Department of Resources, Recycling and Recovery (CalRecycle) is the State agency that oversees solid waste management in California and was responsible for developing the portion of SB 1383 regulations pertaining to organic waste collection and processing, and edible food recovery. CalRecycle completed the final rulemaking in November 2020. These regulations represent the largest and most prescriptive waste management legislation in California since the California Integrated Waste Management Act of 1989 (AB 939). However, Palo Alto’s existing Zero Waste programs and ordinances already meet or are positioned to meet the majority of SB 1383’s requirements with few changes. The following table details the major requirements, current status of Palo Alto’s programs, and the actions needed to achieve compliance with the new requirements. Table 1: Summary of SB 1383 Requirements and Actions Needed by Palo Alto 13 Packet Pg. 296 City of Palo Alto Page 3 Item Requirement Status Actions needed to comply with SB 1383 1 Provide mandatory organics collection service to all residents and businesses The City is mostly compliant. The City passed a mandatory composting and recycling ordinance in 2015 and provides organics collection service to all residents and businesses. Most collection requirements are met by the City's existing Zero Waste programs. Updates to PAMC Chapter 5.20 to better align with requirements. 2 Establish an edible food recovery ordinance and program The City is not in compliance with this new requirement. City staff has been working collaboratively with a Santa Clara County multi- stakeholder group to create a Countywide ordinance and program. New Edible Food Recovery Ordinance, Chapter 5.40. 3 Procure a target amount of recovered organic waste products and of recycled content and recyclable paper products The City is partially compliant. The City currently purchases compost for giveaway to Palo Alto residents at the new permanent compost giveaway station located at Eleanor Pardee Community Park. Staff anticipates that a maximum of 360 tons of compost per year could be used for community gardens and compost giveaways, representing only 11 percent of the City's procurement target. The City currently purchases recycled paper products including printing and writing papers, paper janitorial supplies, and more. The City’s existing Paper Reduction and Procurement of Environmentally Preferable Paper Products Policy (Policy and Procedures Manual, Section 5, Environment), last updated in 2018, generally complies Procure additional qualifying recovered organic waste products to meet the remaining 89 percent of the required procurement target. Create minor changes to existing Paper Reduction and Procurement of Environmentally Preferable Paper Products Policy to reflect recordkeeping and 13 Packet Pg. 297 City of Palo Alto Page 4 with the requirements of this regulation, and in most cases is more stringent than the SB 1383 requirements. recyclability requirements under SB 1383. 4 Conduct education and outreach to all generators The City is compliant and will increase targeted efforts. The City currently conducts education and outreach to commercial and residential waste generators through its Zero Waste programs, and via the contract with the City’s waste collector, GreenWaste of Palo Alto. Additional outreach to be conducted to self- haulers, food generators, and food recovery organizations. 5 Meet CalGreen and Model Water Efficiency Ordinance requirements The City is compliant. These requirements are codified in Chapter 16.14 and 12.32 of the PAMC, respectively. On-going reporting required. 6 Provide information to the County for its recycling and edible food recovery capacity planning requirements The City is compliant. The City is currently collaborating with Santa Clara County through the Technical Advisory Committee (TAC) to the County’s Recycling and Waste Reduction Commission (RWRC). On-going assistance to County with capacity planning. 7 Monitor compliance and conduct enforcement The City is compliant and will increase targeted efforts. In 2018, the City established a Zero Waste Enforcement Program with an enforcement process, including education, waste audits, citation process, and administrative fees. Some enforcement of new requirements will be incorporated into the existing Zero Waste Enforcement Program; Enforcement of the Edible Food Recovery Ordinance may be done by the County but will be determined at a future date. Enforcement of 13 Packet Pg. 298 City of Palo Alto Page 5 the Edible Food Recovery Ordinance begins in 2024. Discussion Palo Alto’s past progressive environmental leadership, including the Zero Waste strategic planning, the updated 2018 Zero Waste Plan, and the actions and goals set in the Sustainability Climate Action Plan, has resulted in the City already meeting many of SB 1383’s requirements. The focus of this staff report will be on the actions needed to meet the SB 1383 regulations, including amending the PAMC, adoption of an Edible Food Recovery Ordinance, and the procurement requirement (items 1, 2, and 3 in Table 1 above). While there are obligations the City must meet for items 4 through 7, the City is well positioned to meet these requirements under its existing Zero Waste programs. 1. Changes to PAMC Chapter 5.20 SB 1383 requires cities to provide organic waste collection service to all residents and businesses and to impose enforceable requirements on haulers of organic waste as well as placing requirements for businesses and residents to correctly sort organic waste. Additionally, organics must be hauled to a high-diversion waste processing facility, defined as a facility that meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent, increasing to 75 percent in January 2025. The changes to PAMC Chapter 5.20 (Attachment A) to reflect the requirements of SB 1383 include new self-hauler requirements, clarifications for commercial and residential customers, and added or modified definitions. Additionally, the Administrative Penalty Schedule is being updated to align with the SB 1383 requirements (Attachment B). 1A. Self-Hauler Requirements SB 1383 requires self-haulers of organic waste (e.g., landscapers, gardeners, and contractors) to take source-separated organic waste such as grass clippings or yard trimmings to a high- diversion organic waste processing facility and to maintain records on how much organic waste is delivered to each facility, including delivery receipts and weigh tags. These records are subject to inspections by the City upon request. These new requirements are being included in the amended PAMC Chapter 5.20 under a new self-haul section 5.20.111. The City will perform outreach to local self-haulers regarding the new requirements beginning Fall 2021. 1B. Requirements for Commercial and Residential Customers In 2016, the City updated Chapter 5.20 to require refuse to be sorted appropriately into recycle, compost, and landfill containers and for compliance checks to occur specifically with commercial customers. SB 1383 goes one step further and requires cities to actively monitor refuse containers for contamination and to carry out an enforcement action for both residential 13 Packet Pg. 299 City of Palo Alto Page 6 and commercial customers if contamination is identified. Examples of contamination include having organic waste such as food scraps, food soiled paper, or yard trimmings in the landfill containers. For commercial customers, minor changes to Section 5.20.108 are required for compliance with SB 1383 including requiring generators to meet new container labelling requirements, providing outreach material to new tenants, documenting their source separation program, inspecting refuse containers, and documenting when contamination is observed and what actions were taken to address the contamination. For the first two years, beginning January 1, 2022 and ending January 1, 2024, SB 1383 requires only outreach and education to both commercial and residential sectors. After January 1, 2024, all customers are subject to an enforcement action. Examples of enforcement action include actively checking containers for contamination, applying additional fees for contaminated materials found, and potentially issuing citations to non-cooperative waste sorters. To ensure compliance with SB 1383, PAMC Section 5.20.100 is being updated to prohibit residents from disposing of organic waste into the landfill or recycle containers. Additionally, PAMC Section 5.20.105 relating to contamination of containers must be modified to include that residential customers are subject to extra collection fees. A residential customer can be subject to a “return trip fee” and/or an “extra pick-up fee” if they contaminate any of their waste containers. These fees already exist for commercial customers. 1C. Updates to the Administrative Penalty Schedule (Attachment B) SB 1383 requires enforcement on the proper separation of organic waste from the other waste streams and that administrative penalty amounts be established when a violation occurs. The City is proposing the lowest possible penalty amounts for residential customers allowed by SB 1383 (California Code of Regulations Title 14 Section 18997.2). The penalty amounts range from $50 for the first violation up to $250 for the third violation. Additionally, there is a new penalty associated with the new section 5.20.111 for self-haul, and new penalties are being added to reflect SB 1383’s lowest possible amount at $100 associated with the new Edible Food Recovery Ordinance, Chapter 5.40. 2. Edible Food Recovery Requirement SB 1383 requires cities to establish edible food recovery ordinances and programs in their communities, inspect commercial food generators for compliance, obtain reports from food recovery organizations and services, and conduct education and outreach. Additionally, cities are required to work with their County to help build food recovery capacity within the County. This will require that certain businesses arrange to recover the maximum amount of edible food that would otherwise be disposed. In addition to targeting methane emissions, these new programs and requirements are intended to help reduce food insecurity in California. These new requirements highlighted below have been incorporated into the new Edible Food Recovery Ordinance, Chapter 5.40 (Attachment A). 2A. Edible Food Recovery 13 Packet Pg. 300 City of Palo Alto Page 7 Commercial food generators that are impacted under this requirement are categorized as “Tier 1” and “Tier 2” food generators. Tier 1 food generators include supermarkets, large grocery stores with a facility size equal to or larger than 10,000 square feet, food service providers such as Aramark or Sodexo, food distributors such as Sysco or Tyson, or wholesale food vendors. Tier 2 food generators include large restaurants with 250 or more seats or a facility size equal to or greater than 5,000 square feet, hotels with an on-site food facility and 200 or more rooms, health facilities with an on-site food facility, large events or venues, State agency cafeterias, and local education agency facilities with on-site food facilities. In Palo Alto, approximately seven food generators are in the Tier 1 category. There are significantly more food generators in the Tier 2 category, however, the specific impacted locations have not yet been determined. Outreach for Tier 2 food generators is planned for the beginning of calendar year 2022. Tier 1 and Tier 2 generators must comply with the same requirements; however, the tiers have different compliance deadlines: January 1, 2022 and January 1, 2024, respectively. The food generators in each tier must conduct the following: • Arrange to recover the maximum amount of edible food that would otherwise be disposed of as landfill or compost; • Enter into a written agreement with food recovery organizations or services for the collection or acceptance of edible food; and • Keep records of their contracts and the type, frequency, and amount of food recovered each month. Food recovery organizations and food recovery services located within Palo Alto that have a contract or written agreement with a commercial edible food generator must maintain records and report to the City or County annually on the type, frequency, and amount of food recovered each month from each generator. The City must audit the food generators and provide outreach and education material if they do not meet the requirements. The new Edible Food Recovery Ordinance, PAMC Chapter 5.40, (Attachment A) was prepared as a countywide ordinance in collaboration with Santa Clara County and other cities within the county via its Technical Advisory Committee (TAC) to the County’s Recycling and Waste Reduction Commission (RWRC). A countywide ordinance and program will ensure consistency of ordinance language between all cities in Santa Clara County, standardize rules for businesses, and provide the same outreach and program to all edible food generators, food recovery organizations and services within the County. This means a grocery store in Palo Alto will have the same specific requirements and process to follow as the same brand name store in San Jose or Gilroy. 2B. Capacity Planning The City is required under SB 1383 to work with the County of Santa Clara to ensure there is sufficient food recovery capacity to handle the increased amount of edible food being recovered from edible food generators. If new or expanded capacity is needed, the City will need to create an implementation schedule to build that capacity, collaborate with the County, 13 Packet Pg. 301 City of Palo Alto Page 8 and provide outreach to the community. Currently in Palo Alto there is enough capacity but staff will monitor and report on an annual basis any changes to the County and State. 2C. Outreach and Enforcement To assist the County and cities in creating an Edible Food Recovery Program and comply with SB 1383 requirements, RWRC contracted with Joint Venture Silicon Valley (JVSV), a not-for-profit entity, to assist in the development and implementation of SB 1383’s edible food recovery requirements and create collaboration for a Countywide approach and outreach. Subcommittees were created and included staff from multiple cities and the impacted food recovery organizations, such as Second Harvest, as well as other stakeholders. Palo Alto staff actively participated in the multi-stakeholder group to create a draft model ordinance for all cities to use, as well as outreach material and a website with information about the new requirements for the edible food generators. The outreach to the food generators began in July 2021. In addition, staff is individually contacting the seven Tier 1 edible food generators identified in Palo Alto to inform them of the upcoming requirements and due dates. The same stakeholder group is also actively determining the best approach for enforcing the SB 1383 requirements related to the Edible Food Ordinance (individual cities vs. County process) and at this time a decision and compliance check process has not yet been determined. Enforcement is not required to begin until January 2024. 3. Procurement Requirements In addition to keeping organic waste from being landfilled, SB 1383 has a set of procurement requirements intended to create demand for the increased amount of recovered organic waste products that will be created under the new legislation (by diverting organic materials away from landfills to anaerobic digestors or composting operations), and to require the purchase of paper products that meet certain recycled content and recyclability standards. 3A. Recovered Organic Waste Product Procurement Beginning in calendar year 2022, cities are required to annually purchase a quantity of organic waste products, such as mulch, compost, and energy products like electricity or vehicle fuel, or a combination thereof, that meets or exceeds their annual procurement target, which is calculated based on population. For Palo Alto, with a population of 67,657 in 2021, based on the most recent annual data reported by the California Department of Finance, the procurement target is calculated as follows: • Procurement Target = 0.08 tons per capita * 67,657 • Amount of recovered organic waste to be purchased = 5,413 tons Equivalencies for electricity, fuel, and gas are calculated based on conversion factors that were developed by CalRecycle and are listed in the regulation (e.g., 1 ton of mulch is equivalent to 0.58 tons of compost, or 21 diesel gallon equivalents of transportation fuel, or 242 KWh of electricity, etc.) Consequently, the annual quantity target for Palo Alto would be met by purchasing either 5,413 tons of mulch, 1,309,840 KWh of electricity (derived from renewable gas), 3,139 tons (or 7,849 cubic yards) of compost, 113,664 gallons of transportation fuel, 13 Packet Pg. 302 City of Palo Alto Page 9 119,076 therms of heat, or a combination of products equivalent to the established target. The conversion factors that result in the equivalencies are outlined in the table below. Table 2: Recovered Organic Waste Procurement Options Recovered Organic Waste Product Annual Quantity Target Equivalent Mulch 5,413 tons Electricity (derived from renewable gas) 1,309,840 kilowatt-hours Compost 3,139 tons or 7,849 cubic yards Transportation fuel (renewable gas) 113,664 diesel gallon equivalents Heating (derived from renewable gas) 119,076 therms The City currently purchases qualifying compost for giveaway to Palo Alto residents at the new permanent compost giveaway station located at Eleanor Pardee Park. It is anticipated that a maximum of 360 tons of compost per year could be used for community gardens and compost giveaways, but this represents only 11 percent of the City's procurement target. Public Works staff has been researching alternatives to satisfy the remainder of the requirement and has engaged internally with various City departments, including Utilities staff, and externally with the RWRC TAC. The likely contender is satisfying the remainder of the requirement by way of a power purchase of electricity derived from organic waste diverted from landfill (such as energy derived from anaerobic digestion) that would be included in the City’s Utility portfolio. The City’s existing portfolio includes electricity derived from landfill gas, but it does not meet the SB 1383 standard. Based on preliminary data, staff estimates the cost to meet the procurement requirement would be $200,000 to $400,000. Staff is evaluating potential partnerships for a power purchase as well as other alternatives as they become available. The next steps staff will take are to develop a Request for Proposals and detail the recommended procurement in a future staff report in Spring 2022. 3B. Recycled Paper Procurement SB 1383 requires that cities procure printing and writing paper consistent with the requirements of the Public Contract Code, starting January 1, 2022. This means that cities must purchase recycled paper products instead of non-recycled products whenever recycled products are available at the same or lesser total cost if fitness and quality are equal. Paper 13 Packet Pg. 303 City of Palo Alto Page 10 products includes printing and writing papers, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling. The City’s existing Paper Reduction and Procurement of Environmentally Preferable Paper Products Policy (Policy and Procedures Manual, Section 5, Environment), last updated in 2018, generally complies with the requirements of this regulation, and in most cases is more stringent than the SB 1383 requirements. However, some language will need to be added to incorporate the SB 1383 requirements on recyclability and recordkeeping. Staff is currently drafting the proposed minor changes needed to the existing policy to align it with SB 1383 requirements. This policy update will not require Council action since it will be incorporated into the City’s internal administrative policies. Timeline Beginning January 1, 2022, the SB 1383 regulations take effect and staff expects Palo Alto to be compliant. Table 3 is a summary of the needed actions and timeline for meeting the requirements. Table 3: Timeline of Palo Alto Needed Actions SB1383 Requirements Updated PAMC Chapter 5.20 - Collection and Source Separation Requirements New PAMC Chapter 5.40 - Edible Food Recovery Procurement Requirements July – December 2021 n/a Outreach materials developed and issued for education and engagement Outreach materials including website and letters distributed to food generators and food recovery organizations n/a November 2021 n/a First reading / Public hearing First reading / Public hearing December 2021 Second Reading Second Reading January 2022 Regulations take effect and State enforcement of cities begins Proposed changes take effect Proposed changes take effect, Edible Food Recovery Program established Updated City Paper Reduction and Procurement of Environmentally Preferable 13 Packet Pg. 304 City of Palo Alto Page 11 Paper Products Policy Request for proposals for procurement of qualifying electricity January 2022 – December 2023 Education and outreach to commercial and residential customers and self-haulers continues. City to continue existing enforcement program for commercial customers. Food generators to begin contracted service with food recovery organizations and begin recovering the maximum amount of edible food for donation and human consumption City to meet the procurement requirements January 2024 State requires cities to initiate enforcement and take action against non- compliant entities City to initiate enforcement and take action against non- compliant entities Resource Impact Palo Alto already meets many of the SB 1383 requirements through existing Zero Waste programs, processes, and ordinances, therefore there is little to no additional resource impact related to outreach and education activities or enforcement and monitoring requirements. There may be future funding needed for enforcing the new edible food recovery ordinance, PAMF Chapter 5.40 (Attachment A), if Santa Clara County determines that the County is best positioned to perform the related enforcement functions; however, this has not yet been determined since the enforcement on the Edible Food Recovery requirements does not begin until 2024 and the new program and processes are still being determined. Any future costs unable to be captured through existing Refuse Fund budget would go through the fiscal year 2023 or 2024 operating budget process. To fulfill the additional procurement requirement for recovered organic waste, additional funding may be requested through the Fiscal Year 2023 operating budget development process. The specific amount at this time is unknown as it will depend on proposals received through a 13 Packet Pg. 305 City of Palo Alto Page 12 future Request for Proposal process planned for Winter 2022. Policy Implications The proposed changes to the PAMC align with the organics collection, enforcement, and edible food recovery requirements of SB 1383. They support the sustainability and Zero Waste goals adopted in 2016 to increase diversion, minimize landfilling of materials, reduce greenhouse gases emission, and achieve 95 percent diversion of waste from landfills by 2030. These changes would facilitate implementation of the Sustainability and Climate Action Plan and the 2018 Zero Waste Plan, specifically initiative #22 Mandatory Ordinance Enforcement for Residential and initiative #17 Commercial Food Donations. They are also consistent with the Palo Alto Comprehensive Plan Policy S-3.8. Changes will be made to the Environmentally Preferred Purchasing and Paper Reduction internal policy for City purchases of paper products to include minor changes to reflect details of the State regulations. These administrative policy updates do not require Council action. Stakeholder Engagement The requirements for complying with SB 1383 are mandated by the State of California and are being incorporated into the City’s policies. Staff is conducting outreach and education to inform the community, edible food generators, food recovery organizations, and self-haulers as well as some businesses that may need to adjust their service to be compliant with SB 1383 requirements. The outreach includes direct mail to specific stakeholders, site visits, social media posts, E-news, newsletter articles, and updating older education pieces such as signs and posters and adding translations. Additionally, new webpages with SB 1383 information were created and added to the Zero Waste website at www.cityofpaloalto.org/sb1383regulations as well as a new webpage specificially for edible food generators and food recovery organizations at https://reducewaste.sccgov.org/food-recovery. Environmental Review When developing the new regulations, CalRecycle completed the Final Environmental Report SB 1383 Regulations Short-Lived Climate Pollutants: Organic Waste Methane Emission Reduction, December 2019 (https://www2.calrecycle.ca.gov/Docs/Web/116058). The proposed changes to the PAMC and the new Edible Food Recovery Ordinance are exempt from environmental review pursuant to CEQA Guideline Section 15061(b)(3), because it can be seen with certainty that the provisions contained therein do not have the potential for causing a significant effect on the environment, and also under CEQA Guidelines Sections 15307 and 15308, as actions taken by regulatory agencies to assure the maintenance, restoration, or enhancement of natural resources and the environment. Attachments: • Attachment13.a: Attachment A – Ordinance Amending PAMC Chapter 5.20 - Collection, Removal and Disposal of Refuse and adding New PAMC Chapter 5.40 Edible Food Recovery Requirements 13 Packet Pg. 306 City of Palo Alto Page 13 • Attachment13.b: Attachment B – Resolution Amending and Restating the Administrative and Civil Penalty Schedules 13 Packet Pg. 307 *Not Yet Approved* Ordinance No. _____ 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.) place requirements on multiple entities including the City, residential 13.a Packet Pg. 308 *Not Yet Approved* 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. 5.20.130 Maintenance and placement of containers. 5.20.140 Frequency of refuse collection. 13.a Packet Pg. 309 *Not Yet Approved* 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. (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. 13.a Packet Pg. 310 *Not Yet Approved* (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. (185) "Director" means the person referred to in Section 2.08.190 of the Municipal Code, or the director's designee. 13.a Packet Pg. 311 *Not Yet Approved* (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. (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. 13.a Packet Pg. 312 *Not Yet Approved* (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 premise, in lieu of availing themselves of the services of the collector. Self-hauler also 13.a Packet Pg. 313 *Not Yet Approved* 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. 13.a Packet Pg. 314 *Not Yet Approved* (c) The City also complies with the 75 percent recycling goal included as part of AB 341 Mandatory Commercial Recycling Law, adopted on October 6, 2011, which includes modifications to the Public Resources Code. (d) 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) 13.a Packet Pg. 315 *Not Yet Approved* 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 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. 13.a Packet Pg. 316 *Not Yet Approved* (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) 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. 13.a Packet Pg. 317 *Not Yet Approved* (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) 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 13.a Packet Pg. 318 *Not Yet Approved* 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 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. 13.a Packet Pg. 319 *Not Yet Approved* (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. (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) 13.a Packet Pg. 320 *Not Yet Approved* 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 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, 13.a Packet Pg. 321 *Not Yet Approved* 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 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, 13.a Packet Pg. 322 *Not Yet Approved* 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. (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. 13.a Packet Pg. 323 *Not Yet Approved* (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: (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 13.a Packet Pg. 324 *Not Yet Approved* 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. (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) 13.a Packet Pg. 325 *Not Yet Approved* 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. (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 13.a Packet Pg. 326 *Not Yet Approved* 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. (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 13.a Packet Pg. 327 *Not Yet Approved* 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) 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. 13.a Packet Pg. 328 *Not Yet Approved* 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. 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. 13.a Packet Pg. 329 *Not Yet Approved* (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. (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. 13.a Packet Pg. 330 *Not Yet Approved* (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 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). 13.a Packet Pg. 331 *Not Yet Approved* (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. 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. 13.a Packet Pg. 332 *Not Yet Approved* (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. (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. 13.a Packet Pg. 333 *Not Yet Approved* (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. (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): 13.a Packet Pg. 334 *Not Yet Approved* (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. (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). 13.a Packet Pg. 335 *Not Yet Approved* (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 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; 13.a Packet Pg. 336 *Not Yet Approved* 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 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: 13.a Packet Pg. 337 *Not Yet Approved* (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. (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 13.a Packet Pg. 338 *Not Yet Approved* 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. 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. // // // // // // // // // // // // 13.a Packet Pg. 339 *Not Yet Approved* // SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ City Attorney City Manager ____________________________ Director of Public Works ____________________________ Director of Administrative Services 13.a Packet Pg. 340 *Yet to be passed* 1 Resolution No. ____ Resolution of the Council of the City of Palo Alto Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal Code and the California Vehicle Code Established by Resolution No. 9983 The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Administrative Penalties. The administrative penalty schedule for violations of the Palo Alto Municipal Code established by Resolution No. 9983 is hereby amended and restated to read as follows: Standard penalty unless otherwise indicated below. $50 Second violation within 36 month period 150% of listed penalty (unless otherwise specified) Third & subsequent violations within 36 month period. 200% of listed penalty (unless otherwise specified) Delinquency penalty. 10% per month, simple interest, on delinquent amount 4.04.020 License or permit required. 300 4.04.100 Display of license or permit. 300 4.10.045 License fees for pushcart vendors. 300 4.10.050 Regulations for solicitors and peddlers. 350 4.10.055 Identification cards for solicitors. 250 4.10.057 Regulations for pushcart vendors. 300 4.10.070 License required - circus etc. 300 4.10.120 Arcade prohibited. 250 4.10.200 Pawn brokers prohibited. 250 4.10.230 Daily report of second hand dealers. 250 4.10.240 Maintaining reports - second hand dealers. 250 4.10.260 Failure to make report - second hand dealers. 250 4.10.270 Second hand goods held for inspection. 250 4.18.040 Unlawful dog or cat kennel. 250 4.30.010 Soliciting without a permit. 250 4.30.100 Conduct of solicitations. 250 4.32.020 Soliciting without a permit. 250 4.32.060 Investigation of records of solicitor. 250 4.32.090 Acts required during solicitation. 250 4.32.100 Restriction of solicitation. 250 4.32.110 Hours of solicitation. 250 4.34.020 Permit required - closing out sale. 250 4.39.030 Audible alarms. 250 4.39.040 Limitation on automatic dialing devices. 250 4.39.060 Registration of alarm. 250 4.39.110 Alarm violations. 100 13.b Packet Pg. 341 *Yet to be passed* 2 4.42.020 Certificate of public convenience. 1000 4.42.085 Controlled substance and alcohol testing. 500 4.42.090 Taxi owners permit. 5000 4.42.100 Taxi drivers permit expired. 250 4.42.130(b) Taxi drivers permit not displayed. 250 4.42.190 Taximeters. 500 4.42.200 Taxi cab operating regulations. 250 4.42.210(a) Interference with inspection. 500 4.42.210(b) Inspection of vehicles. 500 4.42.220 Operating regulations. 500 4.42.230 Maintenance of vehicles. 500 4.51.030 License required - bingo. 250 4.51.050 Minors restricted - bingo. 50 4.51.080 Staffing and operations - bingo. 250 4.51.110 Physical presence required - bingo. 250 4.52.020 License required - billiards and bowling. 1000 4.52.040 Minors restricted - billiards and bowling. 250 4.52.060 Offensive conduct - billiards and bowling. 250 4.52.070 Interference w/emerg. Access -billiards/bowling. 250 4.54.030(a) Permit required - massage establishment. 1000 4.54.060(a) Permit required - massage tech. 250 4.54.110 Massage establishment facilities. 250 4.54.130 Business name - massage. 250 4.55.030 License required - adult entertainment. 1000 4.56.030 License required - hot tub and sauna. 1000 4.56.060 Employee permit required - hot tub and sauna. 250 4.56.100 Hot tub/sauna establishment and operations. 250 4.56.120 Business name - hot tub and sauna. 250 4.56.150 Display of permit - hot tub and sauna. 250 4.56.200 Employment of persons < 18 - hot tub and sauna. 250 4.57.020 Permit required - firearms sales. 1000 4.57.095 Firearms dealers – business and security. 500 4.58.020 Minors restricted - narcotics paraphernalia shop. 750 4.58.030 Regulations - narcotics paraphernalia shop. 750 4.59.010 Pet shop requirements. 250 4.59.020 Pet shop sanitation. 250 4.59.030 Pet shop food. 250 4.59.040 Pet shop notification. 250 4.59.050 Pet shop - sale of dangerous or wild animals. 250 4.59.070 Dead animals. 250 4.59.080 Permit required - pet shop and kennel. 250 4.59.090 Permit required - grooming shop. 250 4.59.095 Sales of kittens and puppies. 250 4.59.100 Sales of raccoons. 250 4.59.105 Sales of rabbits, chicks, ducklings. 250 4.60.030 Business registration required 250 4.60.060 Business registry application required 250 4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late 100% of fee or 31+ days late 5.12.010 Permit required - refreshment stand. 250 5.20.030 Discarding solid waste. 250 5.20.040 Accumulation of garbage. 250 5.20.050 Unauthorized bins, boxes, containers-first violation. 500 13.b Packet Pg. 342 *Yet to be passed* 3 Second and subsequent violations. 1000 5.20.080 Number of containers required. 250 5.20.090 Collection of recyclable materials. 250 for Commercial Premises 50 for Residential Premises 5.20.100 Collection of compostable materials. 250 for Commercial Premises 50 for Residential Premises 5.20.105 Contamination of containers. 250 for Commercial Premises 50 for Residential Premises 5.20.108 Multifamily properties/Commercial premises. 250 5.20.109 Requirements for special events. 100 5.20.111 Self-haul in violation of code 100 5.20.120 Improper container condition. 250 5.20.130 Maintenance of bins and boxes- first violation. 250 Second and subsequent violations. 500 5.20.160 Spillage or leakage of solid waste. 250 5.20.180 No accumulation of solid waste. 250 5.20.190 No burning, burial, or dumping of solid waste. 250 5.20.200 Hazardous waste. 500 5.20.220 Scavenging prohibited. 100 5.30.020 Polystyrene & Non-Recyclable Plastic. 500 5.35.020 Bags at retail establishments. 500 5.35.030 Bags at supermarkets. 500 6.08.020(b) Interference with animal control officer. 250 6.16.010 No dog license. 50 6.16.080 Number of dogs allowed. 100 6.16.100 Leash Law. 100 6.20.010 Animals at large. 100 6.20.020 Animals on unenclosed premises. 100 6.20.030 Animals kept in enclosures. 100 6.20.035 Tying animals to bicycle racks or trees. 100 6.20.040 Nuisance on sidewalk. 100 6.20.045 Animal waste removal - first offense. 25 6.20.045 Animal waste removal - second offense. 50 6.20.045 Animal waste removal - third offense. 125 6.20.055 Animals in vehicles. 250 6.20.060 Bees close to property line. 100 6.20.080 Permit required - livestock. 100 6.20.090 Maintaining birds, goats, pigs and rabbits. 100 6.20.110 Number of cats kept. 100 6.20.120 Permit required - breeding animals. 100 6.20.130 Cat or dog in heat. 100 6.20.140 Barking dogs. 100 6.20.150 Vaccination required - animals. 100 6.20.160 Sanitary enclosures. 100 6.20.170 Slaughter of animals. 500 6.24.020 Permit required - construction of stable. 250 6.24.050 Maintenance of stable. 250 6.28.040 Possession of dangerous or wild animals. 500 6.32.010 Keeping diseased animals. 500 6.32.020 Confining animals with rabies. 500 6.32.050 Dead animals in public. 500 6.36.010 Sales of certain animals. 250 13.b Packet Pg. 343 *Yet to be passed* 4 8.04.020 Permit required - tree work. 500 8.04.080 Interference with tree enforcement. 500 8.08.010 Weeds as public nuisance. 250 8.10.050 Protected trees. 500 8.10.070 Care of protected trees. 500 8.10.080(b) Development conditions. 500 9.04.010 Open container in business district. 100 9.04.020 Open container in City parking lot. 100 9.04.030 Open container near liquor store. 100 9.04.040 Social host. First violation 250 Second violation 500 Third & subsequent violation 1000 9.07.020 Safe Storage of Firearms 1000 9.08.010 Discharge of firearms/fireworks. 1000 9.09.010(a) Urinating/defecating on street or public place. 250 9.09.010(b) Igniting or maintaining outdoor fire. 250 9.10.030 Residential property noise limits. 100 9.10.040 Commercial property noise limits. 100 9.10.050 Public property noise limits. 100 9.10.060(b) Construction noise signs. 250 9.10.060(c) Construction noise. 250 9.10.060(d) Construction equipment noise. 100 9.10.060(e) Residential power equipment noise. 100 9.10.060(f) Leaf blower noise- first violation. 100 Leaf blower noise- second violation 150 Leaf blower noise- third and subsequent violation 300 9.10.060(g) Street sweeping noise. 100 9.10.060(h) Refuse collection noise. 100 9.10.060(i) Safety device noise. 100 9.10.060(k) Public parking lot cleaning noise. 100 9.10.060(l) Business district street cleaning noise. 100 9.12.010 Loudspeakers. 150 9.14.020 Smoking prohibited - enclosed places. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.025 Smoking prohibited – unenclosed areas. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.050 Smoking prohibited – commercial areas and public events. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations in 1 year: $500) 9.14.080 Location of tobacco vending machines. 1000 9.14.090 Display of tobacco products. 500 13.b Packet Pg. 344 *Yet to be passed* 5 9.14.100 Failure to post “No Smoking” signs. 50 9.22.010 Impersonating public officials. 500 9.26.020 False representation as police officer. 250 9.28.010 Hotel guest register required. 250 9.28.020 Use of false name by hotel guest. 50 9.40.020 Landing aircraft at other than airport. 1000 9.44.010 Solicitation prohibited - public parking lot. 100 9.48.010 Displaying goods on sidewalk. 50 9.48.025 Sitting or lying on University Avenue sidewalks. 100 9.48.030 Operation of sidewalk elevator. 500 9.48.040 Throwing rubbish on streets. 250 9.48.050 Obligation to clean sidewalk. 200 9.50.010 Graffiti prohibited on public property. 500 9.56.030 Abatement of public nuisance. 500 unless otherwise specified 9.56.030(a)(5) Thirty-five foot site triangle. 200 9.56.030(a)(8) Foliage/branch obstruction. 200 9.56.030(a)(10) Excessive planting strip vegetation height. 150 9.60.030 Blocking entrances to City Hall. 500 9.60.050 Placing signs or climbing on City Hall. 500 9.60.060 Bicycles and skateboards at City Hall. 50 9.60.070 Alcoholic beverages prohibited - City Hall. 100 9.64.010 Overnight use of community facilities 250 9.74.030 Discrimination in housing. 250 9.78.020 Mosquito breeding places. 500 9.79.100 News rack violations. 100 12.08.010 Permit required - public right of way. 500 12.08.100 Removal of City Engineer monuments. 500 12.12.010 Building on public easement without or in violation 1000 of encroachment permit 12.12.020 Failure to obtain or violation of commercial 500 sidewalk encroachment permit 12.16.030 Overhead wires in underground districts. 500 12.16.090 Property owner responsibility. 500 12.20.010 Utility rules and regulations 500 unless otherwise specified 12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250; (Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations in 1 year: $500) 12.20.020 Providing false information to City Utilities. 500 12.32.010 Water use regulation. 100 15.04.070 Violations of Uniform Fire Code. 500 unless otherwise specified 16.04.050 Violations of California Building Code as amended. 500 unless otherwise specified 16.05.040 Violations of California Mechanical Code as amended500 16.06.050 Violations of California Residential Code as amended.500 16.08.040 Violations of California Plumbing Code as amended. 500 16.09.260 Violations of Sewer Use Ordinance 1000 16.10.020 Construction of private sewer system. 750 16.10.050 Permit required - private sewage system. 500 16.14.040 Violations of California Green Building 500 Standards Code as amended 16.14.260 Failure to meet diversion requirements. $150 per ton of waste not diverted or $3000, whichever is greater 16.14.370 Failure to meet diversion requirements. $150 per ton of waste not 13.b Packet Pg. 345 *Yet to be passed* 6 diverted or $3000, whichever is greater 16.16.060 Violations of California Electrical Code as amended. 500 16.17.020 Violations of California Energy Code as amended. 500 16.18.020 Violations of International Pool and Spa Code as 500 amended 16.20.020 Design review required - signs. 500 16.20.090 Prohibited signs. 250 16.20.100 Prohibited locations - signs. 250 16.20.110 Fuel price signs required. 250 16.20.210 Non-compliance with sign ordinance. 250 16.20.230 Abandoned signs. 250 16.20.250 Parking of advertising vehicles. 250 16.24.080 Fence violation. 250 16.28.060 Permit required - excavation and grading. 500 16.28.330 Protection of adjacent property. 500 16.28.340 Deposits of earth, rock, etc. 500 16.32.010 Permit required - moving a building. 250 16.36.050 Curb painting without a permit. 100 16.36.060 House numbering required. 100 16.38.020 Certificate of occupancy – community housing. 500 16.40.040 Dangerous and substandard buildings. 500 16.40.090 Non-compliance with order of building official. 500 16.40.180 Interference with repair or demolition work. 500 16.42.090 Failure to submit seismic report. 250 16.45.070 Failure to pay fee - Stanford Research Park. 250 16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250 16.47.050 Failure to pay housing impact fee. 250 16.49.050 Exterior alteration of downtown historic structures 10000 or a significant structure outside the downtown without or in violation of permit 16.49.060 Demolition of a significant downtown building 10000 without or in violation of permit 16.49.070 Demolition of a contributing downtown structure 10000 or significant structure outside the downtown without or in violation of permit 16.49.080 Maintenance of downtown historic structure. 10000 16.49.090 Demolition of downtown historic structure. 10000 16.52.070 Construction - flood hazards. 500 16.59.090 Failure to pay fee- Citywide Transportation Impact. 250 16.60.090 Failure to pay fee- Charleston/Arastradero. 250 16.62.020 Maintenance of expired building permit 200 for 31st through 60th day 400 for 61st through 120th day 800 for 121st day and thereafter 17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified 17.04.030 Specific obligation - hazardous materials. 500 17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified 17.10.040 Permit required - underground storage. 500 17.10.140 Financial responsibility - underground storage. 500 17.10.150 Monitoring underground storage tanks. 1000 17.10.170 Unlawful abandonment - underground storage tanks.1000 17.12.010 Permit required - hazardous materials storage. 750 17.12.020 New hazardous materials storage facilities. 750 13.b Packet Pg. 346 *Yet to be passed* 7 17.12.060 Hazardous materials storage facilities. 750 17.16.010 Hazardous materials management plan. 250 17.20.010 Hazardous materials inventory statement. 250 17.24.010 Hazardous materials discharge report. 750 17.32.010 Permit required - storage of hazardous materials. 1000 18.01.080 Violation of zoning laws. 500 18.16.060(d)Hotel stay in excess of 30 days. 200 18.38.020 Planned Community zoning (unless otherwise 500 specified in PC ordinance) 2500 beginning the 181st day following notice of violation Violations of Ordinance 5069 shall be subject to the penalties listed above except that the penalty for violations of Sections 4(b)(1), (2), (6), and (7) of Ordinance 5069 shall not be subject to the penalties above or to the escalators for second, third and subsequent violations, but shall be $2157 per day, for each and every day that a grocery store is not in operation within College Terrace Centre in accordance with the terms of Ordinance 5069. (The City Council intends to adjust this penalty amount periodically in future updates to this administrative penalty schedule to account for periodic increases in the Consumer Price Index for All Urban Consumers.) In calculating the penalties for such violations, the City will allow for a grace period for any daily violations that do not exceed six (6) cumulative months in any five (5) year period. However, this grace period was previously applied to violations from 1/10/18 through 7/10/18, so there is no entitlement to any further grace period prior to 1/10/23. 18.42.060(a)Incompatibility of home occupations. 200 18.42.060(b) Employees of home occupation. 200 18.42.060(c) On site advertising of home occupation. 200 18.42.060(d) Floor area of home occupation. 200 18.42.060(e) Traffic related to home occupation. 200 18.42.060(f) Home occupation as nuisance. 200 18.42.060(g) Outdoor storage related to home occupation. 200 18.42.070 Servicing vehicles in residential zone. 250 18.52.050 Transportation demand management conditions 1000 4000 beginning the 181st day following notice of violation 13.b Packet Pg. 347 *Yet to be passed* 8 18.84.200 Temporary uses. 250 22.04.030 Compliance with park regulations. 46 for violation of regulation R1-6 requiring payment of Foothills Park entry fee; 250 for violation of all other Park & Open Space Regulations. 22.04.040 Failure to obtain use permit. 300 22.04.150(b) Entry at unapproved location - Foothills Park 50 22.04.150(c) Person in park after hours - Foothills Park. 250 22.04.150(d) Speed limit 20MPH - Foothills Park. 250 22.04.150(e) Vehicles in Foothills Park after hours. 100 22.04.150(f) Skateboards and motorcycles - Foothills Park. 250 22.04.150(g) Smoking on trails - Foothills Park. 1000 22.04.150(h) Fires in Foothills Park. 1000 22.04.150(i) Use of trails - Foothills Park. 100 22.04.150(l) Unleashed dog - Foothills Park. 250 22.04.155 Restraint of dogs in City parks. 250 22.04.160 Permit required - sales in parks. 250 22.04.170 Violation of park use permit. 250 22.04.180 Sound in parks. 250 22.04.190 Unauthorized golf and other games in parks. 250 22.04.200 Unauthorized models and kites in parks. 100 22.04.210 Parking in parks. 100 22.04.215 Launch and takeout from ramp or dock. 250 22.04.220 Bicycle not permitted on trails. 250 22.04.230 Dumping in park. 1000 22.04.240 Interference with park use permit. 250 22.04.250 Park regulations . 250 unless otherwise specified 22.04.260 Discharge of weapons in park. 500 22.04.270 Removal of flora or fauna. 500 22.04.280 Removal of turf or soil. 500 22.04.290(a) Damaging, defacing, etc., property. 1000 22.04.290(b) Marking, writing or printing on property. 1000 22.04.290(c) Attaching sign, etc., without permit. 500 22.04.290(d) Entering, etc., structure after posted hours. 250 22.04.290(e) Bringing portable tables without a permit. 100 22.04.300 Unlawful fire in city park. 1000 22.04.310 Enid Pearson Arastradero, Esther Park closure. 250 22.04.315 Byxbee Park and Baylands closed. 250 22.04.320 Parks closed. 250 22.04.321(a)Skateboarding in park after hours. 50 22.04.322 Trespass at Rinconada Park pool. 50 22.04.330 Alcohol in Cogswell Park. 250 22.04.331 Alcohol in Lytton Plaza. 250 22.04.332 Alcohol in Johnson Park. 250 22.04.333 Alcohol in Boulware Park. 250 22.04.334 Alcohol in Scott St. Minipark. 250 22.04.335 Alcohol in Greer Park. 250 22.04.336(a)Alcohol in Rinconada Park. 250 22.04.337 Alcohol in Mitchell Park. 250 22.04.338 Alcohol in Robles Park. 250 22.04.339 Alcohol in Hopkins Park. 250 13.b Packet Pg. 348 *Yet to be passed* 9 22.04.340 Vehicles in park. 250 22.04.341 Alcohol in El Palo Alto Park. 250 22.04.342 Alcohol in Heritage Park. 250 22.04.343 Alcohol in Pardee Park. 250 22.04.350 Consumption of alcoholic beverage in vehicles. 250 22.04.360 Open container in park - alcoholic beverage. 250 22.04.370 Reckless driving in park. 250 22.04.380 Unlawful riding and towing in parks. 250 22.04.390 Duck pond. 100 SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the Palo Alto Municipal Code established by Resolution No. 9983 is hereby restated to read as follows*: Standard penalty unless otherwise indicated below. $46 10.36.020 No parking in parkways. 46 10.36.030(a)Storage on the street (72 hours). 86 10.36.040(a)(1)Vehicle for sale on street. 46 10.36.040(a)(2)Repairing vehicle on street. 46 10.36.050 Not w/in 18” of left curb--One-way street. 46 10.36.090 Removal of chalk markings. 111 10.40.020(a)(1)Parking violation – red curb. 46 10.40.020(a)(4)Parking violation – green curb. 46 10.40.020(a)(5)Parking violation – blue curb. 308 10.40.020(b)Parking in violation of sign (except blue curb). 46 10.40.020(b)Unlawful disabled parking - signs (blue curb). 308 10.40.040(b)Commercial vehicle double parking. 46 10.40.050 Unlawful parking in yellow loading zone. 46 10.40.060 Unlawful parking in passenger loading zone. 46 10.40.070 Unlawful alley parking. 46 10.40.100(g)Parking in a bus zone. 46 10.44.010(b)Overtime parking (limited time zone). 41 10.44.010(c)Additional violation of time limited or no 44 parking zones. 10.44.020(a)Oversized vehicle parking in residential or 46 public facilities zones 2am-6am. 10.44.040(b)Not in space marking. 46 10.44.050(b)Parking violation--temporary sign. 46 10.44.060 Dealers--parking for sale or repair. 46 10.44.070(b)Parking in violation of posted sign. 46 10.44.080 Vehicle obstruction of roadway or lot. 46 10.44.090 Unattended vehicle, engine running. 111 10.45.110 Parking in on-street valet parking space. 46 10.46.110 Overtime residential parking permit (CT) 53 10.48.030 Truck route violation. 211 10.50.100(a)Violation of posted RPP permit sign 53 10.60.070(c)Permit not properly displayed. 41 10.60.070(d)Overtime permit parking in City lot. 41 10.60.070(e)Parking without permit in permit area. 46 22.04.150(e)In Foothills Park after hours. 111 22.04.210 Parking in parks. 111 Late payment penalty. 35 Collection cost penalty. 35% of listed penalty 13.b Packet Pg. 349 *Yet to be passed* 10 *All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50. SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the California Vehicle Code established by Resolution No. 9983 is hereby restated to read as follows*: 5200 No front license plate. $78 (If corrected within 31 days) 10 (state mandated) 5204(a) No registration tabs on license plate. 78 (If corrected within 31 days) 10 (state mandated) 21113(a) Parking on public grounds. 46 22500(a) Parking in an intersection. 46 22500(b) Parking in a crosswalk. 46 22500(d) Parking w/in 15 feet--fire station driveway. 46 22500(e) Blocking driveway. 46 22500(f) Parking on sidewalk. 46 22500(g) Parking or stopping--excavation site, etc. 46 22500(h) Double parking on roadway. 46 22500(i) Parking in a bus zone. 261 22500(l) Parking in front of accessible curb. 303 22500.1 Parking in a fire lane (public or private). 46 22502 Right hand wheels not w/in 18” of rt. curb. 46 22505(b) Parking on state highway violation. 46 22507.8(a-b)Unlawful parking in handicapped space. 303 22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303 22511.57(a) Parking/standing of vehicle in disabled parking $753 stall or space with invalid license/placard. 22511.57(b) Unauthorized use of license/placard for vehicle $753 parking/standing in disabled parking stall or space. 22511.57(c) Parking/standing of vehicle in disabled parking $753 stall or space with counterfeit, forged, altered or mutilated license/placard for disabled. 22514 Parking within 15 feet of fire hydrant. 46 22515 Unattended vehicle, engine running. 111 22516 Person locked in vehicle. 111 22521 Parking within 7 1/2 feet of railroad tracks. 46 22522 Parking near sidewalk access ramp. 303 22523(a) Unlawful abandonment of vehicle on highway. 131 22523(b) Abandoned vehicle--public/private property. 131 22526 Entering/blocking intersection – anti-gridlock. 131 22951 No street, alley parking--patron vehicles. 46 *All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50. SECTION 4. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. // // // 13.b Packet Pg. 350 *Yet to be passed* 11 // SECTION 5. This resolution shall be effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ________________________________ ________________________________ City Clerk Mayor ________________________________ ________________________________ Assistant City Attorney City Manager ________________________________ Director of Public Works 13.b Packet Pg. 351