Chapter 32.01.01 Prohibited acts. - Davis Municipal Code

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Chapter 32 MANAGEMENT OF GARBAGE, OTHER WASTES, RECYCLABLES, AND FEES THEREFOR*
32.01.030 Prohibited acts.
(a) No garbage or other waste matter shall be burned, nor shall garbage, waste materials, yard refuse or rubbish be allowed to accumulate, be buried, dumped, scattered, or placed on any property within the city, except as otherwise permitted by this code or other ordinances. Nothing in this section shall prohibit composting if it is not violative of basic sanitary standards or other applicable standards established by the city, county, state, or other agency having jurisdiction. (Ord. No. 955, §2; Ord. No. 967, §2). (b) The city or its duly authorized agent shall have the exclusive right to gather and collect garbage, yard refuse, recyclables, and other solid waste within the city. It shall be unlawful for any person, except as otherwise provided in this chapter, to gather or collect garbage, yard refuse, recyclables or other solid wastes within the city. Pursuant to California Public Resources Code Section 40059, the city reserves the right to issue an exclusive franchise for the handling of solid wastes. Notwithstanding any other provisions set forth in this chapter to the contrary, the exclusive right shall exclude: (1) The collection, transportation, recycling, and disposal of any Solid Waste otherwise within the scope of this chapter which is transported to an appropriate disposal facility by an officer or full-time permanent employee of the commercial, construction, or industrial enterprise that generated the Solid Waste (but not including any independent contractor, non-employee agent, or representative, or other contractor of such enterprise. (2) The sale or donation of source-separated Recyclables by the person or entity that generated such material (the “generator”) to any person or entity other than the city’s duly authorized agent; provided, however, if the generator is required to pay a monetary or non-monetary consideration for the collection, transportation, transfer, or processing of Recyclables, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration, the generator is required to pay) shall not be considered a sale or donation. (c) A resident may petition the city manager for permission to collect and haul away the wastes generated on the premises of such resident. Such a permit may be granted by the city manager, if, in his/her opinion, such would be in the best interests of the city. Such a permit may be used subject to any conditions reasonably related to the protection of the public health and welfare, and shall be for a period not to exceed one year. Permit requirements will include proof that waste will be properly disposed of at an authorized facility. (Or No. 955, §2; Ord. No. 967, §2; Ord. No. 1524, §3). (Ord. No. 955, § 2; Ord. No. 967, § 2; Ord. No. 2173, § 1)

Chapter 32 MANAGEMENT OF GARBAGE, OTHER WASTES, RECYCLABLES, AND FEES THEREFOR*

32.01.030 Prohibited acts.

(a) No garbage or other waste matter shall be burned, nor shall garbage, waste materials, yard refuse or rubbish be allowed to accumulate, be buried, dumped, scattered, or placed on any property within the city, except as otherwise permitted by this code or other ordinances. Nothing in this section shall prohibit composting if it is not violative of basic sanitary standards or other applicable standards established by the city, county, state, or other agency having jurisdiction. (Ord. No. 955, §2; Ord. No. 967, §2).

(b) The city or its duly authorized agent shall have the exclusive right to gather and collect garbage, yard refuse, recyclables, and other solid waste within the city. It shall be unlawful for any person, except as otherwise provided in this chapter, to gather or collect garbage, yard refuse, recyclables or other solid wastes within the city. Pursuant to California Public Resources Code Section 40059, the city reserves the right to issue an exclusive franchise for the handling of solid wastes.

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

(1) The collection, transportation, recycling, and disposal of any Solid Waste otherwise within the scope of this chapter which is transported to an appropriate disposal facility by an officer or full-time permanent employee of the commercial, construction, or industrial enterprise that generated the Solid Waste (but not including any independent contractor, non-employee agent, or representative, or other contractor of such enterprise.

(2) The sale or donation of source-separated Recyclables by the person or entity that generated such material (the “generator”) to any person or entity other than the city’s duly authorized agent; provided, however, if the generator is required to pay a monetary or non-monetary consideration for the collection, transportation, transfer, or processing of Recyclables, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration, the generator is required to pay) shall not be considered a sale or donation.

(c) A resident may petition the city manager for permission to collect and haul away the wastes generated on the premises of such resident. Such a permit may be granted by the city manager, if, in his/her opinion, such would be in the best interests of the city. Such a permit may be used subject to any conditions reasonably related to the protection of the public health and welfare, and shall be for a period not to exceed one year. Permit requirements will include proof that waste will be properly disposed of at an authorized facility. (Or No. 955, §2; Ord. No. 967, §2; Ord. No. 1524, §3).

(Ord. No. 955, § 2; Ord. No. 967, § 2; Ord. No. 2173, § 1)

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