§ 8.12.020. Collection.

A.

Only the city shall be authorized and permitted to provide recycling and green waste services and solid waste services to residential, commercial and industrial recyclable, green waste, solid waste, and C&D debris generators in the city. The city may directly provide those services with municipal employees or it may provide those services by awarding one or more recycling and solid waste franchises. The city council may, by resolution, establish fees for these services and rules and procedures to be followed by recyclable, green waste, solid waste, and C&D debris generators as well as penalties for failure to pay fees and for failure to follow the rules and procedures. The city council may, by resolution, authorize the city's recyclable and solid waste franchisee to assess any such penalties. All such fees and penalties shall be collected by the city in the manner described in this Chapter 8.12 or elsewhere in the city's municipal code for any other fee or penalty. The city shall retain an administrative fee for processing the billing equal to ten percent of the penalties collected and the remainder shall be paid to the recyclable or solid waste franchisee. No person may refuse to pay service fees or penalties for solid waste or recyclables or green waste, provided, however, that persons authorized to collect, transport, process, market, and divert from disposal any recyclables or source separated recyclable C&D debris in accordance with Section 8.12.020(B) shall be exempt from payment of recycling service fees.

B.

It is hereby declared unlawful for any person: (1) to collect, transport, process, market and divert from disposal any recyclables or source separated recyclable C&D debris; or (2) to collect, transport or dispose of any solid waste, mixed C&D debris or green waste, in the city except the following persons:

1.

Any employee of the city acting within the scope of his or her employment.

2.

A person engaged in the business of gardening or landscaping, when removing or disposing of garden trimmings incident to that person's business in vehicles that they own or lease.

3.

A recyclables franchisee or solid waste franchisee.

4.

Any owner of occupied premises located in the city who or which shall provide evidence satisfactory to the city manager in the city manager's sole discretion that the owner regularly collects, transports and delivers for recycling, processing, marketing and disposal diversion at least once every week substantially all recyclable materials generated at their premise, or will collect, transport and deliver for recycling, processing, marketing and disposal diversion all source separated recyclable C&D debris generated at that premise. However, no person may provide compensation, either directly or indirectly (such as by service fee credit, deduction or offset) to any person other than the recyclables franchisee to provide recyclables services.

C.

No person shall violate Section 8.12.020(A) of this code designating the city and public works department as authorized recycling and solid waste collection agents. Violators of this section will be dealt with in the following manner: for the first offense, a fine not to exceed one thousand dollars per occurrence; for the second offense, a fine not to exceed five thousand dollars per occurrence; and for the third offense, confiscation of violators' equipment and vehicle(s) and a fine not to exceed ten thousand dollars per occurrence. Additional offenses to this section may result in imprisonment.

(Ord. 241 §4, 1992; Ord. 238 §3, 1990: Ord. 120 §2, 1970)

(Ord. No. 290-2004, § 3(C—E), 7-15-04; Ord. No. 291-2004, § 1(C—E), 7-15-10; Ord. No. 303-2005, § 3(C, D), 9-8-05; Ord. No. 304-2005, § 1(C, D), 10-27-05; Ord. No. 002-2010, § 1, 2-11-10; Ord. No. 055-2016, § 1,8-25-16; Ord. No. 074-2017, § 1, 9-14-17)