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10 Draft Integrated Waste Management Plan - City Council - City of ...

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2012 Davis <strong>Integrated</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong><br />

Recyclables. Magazines, newspapers, and clean <strong>of</strong>fice paper that is not contaminated by garbage or other waste<br />

material, cardboard, clean cans, food containers, food container glass, glass and plastic beverage containers, and<br />

other material collected or accepted as part <strong>of</strong> the city recycling program.<br />

Refuse. Synonymous with “solid waste,” refuse includes garbage waste or rubbish.<br />

Restricted areas. As designated by the city, these are areas where, in the city’s opinion, a combination <strong>of</strong> high<br />

density, lack <strong>of</strong> space for containers, and street width under thirty feet makes the curbside placing, maintaining<br />

or collection <strong>of</strong> garbage, waste and recyclables hazardous to the health and welfare <strong>of</strong> the residents.<br />

Rubbish. Solid waste that is not garbage waste, including but not limited to combustible and noncombustible<br />

material, shrubbery, yard trimmings, clippings, wood, paper, packing materials, crockery, pasteboard, discarded<br />

clothing, rugs, straw, rubber, metal, plastic, and construction waste and debris.<br />

Solid waste. Synonymous with “refuse,” solid waste includes garbage waste or rubbish.<br />

Special waste. <strong>Waste</strong>s not fitting into the above categories, including but not limited to dead animals,<br />

abandoned automobiles and major parts there<strong>of</strong>, large furniture objects, tree trunks, stumps, sod, garden rubble,<br />

dirt, major limbs exceeding eight inches in diameter, and street sweepings.<br />

Yard refuse. Trimmings and prunings from trees and shrubs, leaves, grass clippings, weeds, vines, dropped<br />

fruit from on-site trees, arising from the development, maintenance and care <strong>of</strong> residential gardens and yards.<br />

When the word “waste” or “waste matter” is used, it refers to any or all <strong>of</strong> the above. (Ord. 955 §2; Ord. 967 §2;<br />

Ord. 1254 §1; Ord. 1524 §1; Ord. 2054 § 1, 2001; Ord. 2173 §1, 2005)<br />

32.01.020 Mandatory service.<br />

Except as permitted in Sections 32.01.070 and 32.01.080, each occupancy shall subscribe to waste collection<br />

service as provided by the city or its duly authorized agent. (Ord. 995 §2; Ord. 967 §2; Ord. 2173 §1). (Ord. 955<br />

§2; Ord. 967 §2; Ord. 2054 § 1, 2001; Ord. 2173 §1, 2005)<br />

32.01.030 Prohibited acts.<br />

(a) No garbage or other waste matter shall be burned, nor shall garbage, waste materials, yard refuse or<br />

rubbish be allowed to accumulate, be buried, dumped, scattered, or placed on any property within the city,<br />

except as otherwise permitted by this code or other ordinances. Nothing in this section shall prohibit<br />

composting if it is not violative <strong>of</strong> basic sanitary standards or other applicable standards established by the city,<br />

county, state, or other agency having jurisdiction.<br />

(b) The city or its duly authorized agent shall have the exclusive right to gather and collect garbage, yard<br />

refuse, recyclables, and other solid waste within the city. It shall be unlawful for any person, except as<br />

otherwise provided in this chapter, to gather or collect garbage, yard refuse, recyclables or other solid wastes<br />

within the city. Pursuant to California Public Resources Code Section 40059, the city reserves the right to issue<br />

an exclusive franchise for the handling <strong>of</strong> solid wastes.<br />

Notwithstanding any other provisions set forth in this chapter to the contrary, the exclusive right shall exclude:<br />

(1) The collection, transportation, recycling, and disposal <strong>of</strong> any solid waste otherwise within the scope <strong>of</strong> this<br />

chapter which is transported to an appropriate disposal facility by an <strong>of</strong>ficer or full-time permanent employee <strong>of</strong><br />

the commercial, construction, or industrial enterprise that generated the Solid <strong>Waste</strong> (but not including any<br />

independent contractor, non-employee agent, or representative, or other contractor <strong>of</strong> such enterprise.<br />

DRAFT<br />

(2) The sale or donation <strong>of</strong> source-separated recyclables by the person or entity that generated such material<br />

(the “generator”) to any person or entity other than the city’s duly authorized agent; provided, however, if the<br />

generator is required to pay a monetary or non-monetary consideration for the collection, transportation,<br />

transfer, or processing <strong>of</strong> recyclables, the fact that the generator receives a reduction or discount in price (or in<br />

other terms <strong>of</strong> the consideration, the generator is required to pay) shall not be considered a sale or donation.<br />

(c) A resident may petition the city manager for permission to collect and haul away the wastes generated on<br />

the premises <strong>of</strong> such resident. Such a permit may be granted by the city manager, if, in his/her opinion, such<br />

would be in the best interests <strong>of</strong> the city. Such a permit may be used subject to any conditions reasonably<br />

related to the protection <strong>of</strong> the public health and welfare, and shall be for a period not to exceed one year.<br />

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