8.32.110 Required containers.
Every person who is the owner of any single-family, multifamily, or commercial property shall at all places or premises in the city maintain sufficient clean containers, free from jagged edges and in good repair and strength to hold all discarded materials created, produced, or accumulated on the premises between regular collections as established and approved by the city manager or designee. In the event that a conflict exists between the property owner and the person in charge or control of the property on a day-to-day basis, the property owner shall be responsible for compliance with this code.
A. City shall have the authority to determine the appropriate size for each discarded materials container. A sufficient number of containers shall mean, but not be limited to, the following:
1. For single-family dwelling units, a minimum of one container for solid waste, one container for recyclable materials, and one container for organic materials.
2. For multifamily dwelling units, a minimum of one container for solid waste, one container for recyclable materials, and one container for organic materials per unit, unless another requirement is set by the city manager or designee.
3. For commercial premises, or other places, premises and uses of property, a minimum of one container for solid waste, one container for recyclable materials, and one container for organic materials per unit, unless another requirement is set by the city manager or designee.
4. Commercial generators and multifamily dwelling units shall:
a. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming to subsection (A)(5) of this section) for employees, contractors, tenants, and customers consistent with city’s container requirements.
b. Periodically inspect source separated recyclable materials and organic materials containers for contamination and inform employees if prohibited container contaminants are found and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
5. Commercial businesses shall:
a. Provide containers for the collection of source separated organic materials, recyclable materials, and solid waste in all indoor and outdoor areas where discarded materials containers are provided for customers, for materials generated by that business, in accordance with the city’s discarded materials collection system and applicable collection agreement(s). Such source separated containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either or both of the following:
i. A body and/or lid that conforms with the colors of the recyclable materials, organic materials, and solid waste collection containers provided through the city’s discarded materials collection program, for each material type; and/or
ii. Container labels that comply with the requirements of 14 CCR Section 18984.8 and include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate primary items that are prohibited container contaminants for each container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
Notwithstanding this subsection, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
6. If any place, premises, or use of property accumulates or generates twelve or more cubic yards of discarded materials per day, the city manager or designee may require the occupant to provide and install a compactor or roll-off box of sufficient capacity to hold accumulated solid waste, recyclable materials, or organic materials.
7. Properties receiving automated type services are limited to one standard automated cart of given capacity each scheduled service day, unless additional cart service has been requested by occupant and proper payment for said service provided.
8. All discarded materials containers, as defined in this chapter, shall be maintained in a clean and sanitary condition at all times by the owner and/or occupant of the property.
B. When not being filled or emptied, all containers must be kept tightly closed. It is unlawful for any person, not authorized to do so, to open such containers to collect, remove, or to scatter the discarded materials stored therein. (Ord. 5076 § 11, 2022; Ord. 3605 § 1, 1994)