Santa Barbara City Zoning Code
Title 7
Sanitation
§ 7.04.010 Governmental Functions Transferred to County.
The governmental function of public health of the City is consolidated with and transferred to the Health Department of Santa Barbara County, all pursuant to the authority of the Charter of the City, and of Sections 476, 480, 481 and 482 of the Health and Safety Code of the State of California.
(Ord. 2774 §1, 1960)
§ 7.04.020 Enforcement by County.
All existing ordinances of the City relating to public health, and all ordinances relating to public health which may be hereafter enacted and adopted by the Council, shall, on and after the first day of July, 1960, and so long as this chapter shall remain in force and effect, be observed and enforced by the Health Department of the County and the County Health Officer.
(Ord. 2774 §2, 1960)
§ 7.04.030 Contract with Board of Supervisors.
The City Council may, from time to time, during the period during which this chapter is in force and effect, contract with the Board of Supervisors of Santa Barbara County for the performance of any additional public health service by the Health Officer of Santa Barbara County as may be deemed necessary and appropriate for the maintaining of such standards of public health observance and enforcement for the people of this City, as may be recommended by the Board of Health of the City of Santa Barbara or required by the City Council.
(Ord. 2774 §3, 1960)
§ 7.04.040 City Board of Health - Advisory Position.
The transfer to and consolidation with the Health Department of the County of the public health function of the City as provided in this chapter shall not be deemed to abolish the public health function of the City, but shall be deemed to suspend the same only during the period of time this chapter remains in full force and effect, provided that the City Administrator may appoint or reappoint the members of the Board of Health of the City in the manner provided for boards and commissions by the Charter, and such Board of Health shall act in an advisory capacity in matters relating to the public health and sanitation of the City.
(Ord. 2774 §4, 1960)
§ 7.11.010 Permit Required.
It is unlawful for any person, firm or corporation required by County of Santa Barbara regulation to have a permit to sell, offer for sale, distribute, or have in possession for sale or distribution any food or drink intended for human consumption in the City of Santa Barbara, unless possessing a permit issued by the County of Santa Barbara.
(Ord. 3250 §1, 1967; Ord. 3975, 1978)
§ 7.11.020 Investigation - Issuance - Term.
Every applicant for such a permit shall file with the Health Officer of the County of Santa Barbara before opening for business a written application for a permit to conduct such business. The County Health Officer shall investigate and issue such permits when place and business conforms to the laws of the State of California and the rules and regulations of the Health Officer of the County of Santa Barbara. Such permits shall be in force for 12 months from date of issue, unless revoked for cause. Permits shall be issued upon payment of fees established by the County of Santa Barbara, which shall require the approval of the City Council prior to becoming effective. Renewal of permits shall be applied for and acted upon in the same manner.
(Ord. 3250 §1, 1967; Ord. 3975, 1978)
§ 7.11.030 Rules and Regulations.
The County Health Officer may establish such rules and regulations as may be necessary for the proper and orderly administration of this chapter.
(Ord. 3250 §1, 1967)
§ 7.11.040 Revocation or Suspension of Permit.
Permits may be revoked or suspended by the County Health Officer upon the findings that any provision of any law of the State of California or any rule or regulation of the Health Officer of the County of Santa Barbara has been violated.
(Ord. 3250 §1, 1967)
§ 7.11.050 Effect.
The provisions of this chapter shall remain in force and effect for so long as the County of Santa Barbara inspects food establishments in the City.
(Ord. 3250 §1, 1967)
§ 7.14.010 General.
In order to serve the public health, safety and welfare, the declared purpose of this chapter is to provide public education regarding the transmission of disease and its avoidance.
(Ord. 4713, 1991)
§ 7.14.020 Information on Transmission of Viruses.
The City wishes to have the benefit of the latest available information about protection available against the passage or transmission of the AIDS, hepatitis and herpes viruses.
(Ord. 4713, 1991)
§ 7.14.030 Health Officer Warnings, Notices.
The County health officer, pursuant to the authority provided in this title, is authorized to produce, place, distribute, and cause to be placed, such educational material, brochures, warning signs and/or notices, as may be required to educate, advise and/or warn persons in the City about advantages and risks associated with the use of condoms and other prophylactic devices against viral diseases.
(Ord. 4713, 1991)
§ 7.16.010 Purpose and Findings.
A.
The storage, accumulation, collection, and disposal of solid waste is a matter of great public concern. Improper control of solid waste leads to air pollution, fire hazards, illegal dumping, insect breeding, rat infestation, and other public nuisances affecting the health, welfare and safety of the residents of the City of Santa Barbara.
B.
Mandatory periodic collection of solid waste, including garbage, rubbish and other refuse, recyclable materials, and organic materials from all residences and places of business in the City benefits all owners and occupants of property within the City. Waste stream reduction through diversion of recyclable and organic materials is an essential component of the City's Solid Waste Management Program.
D.
This chapter is also intended to implement State laws governing solid waste disposal, reduction, and recycling in a manner appropriate to the local conditions and circumstances of the City and the region. The laws implemented by this chapter include:
1.
The California Integrated Waste Management Act of 1989 (California Public Resources Code Division 30, Sections 40000, et seq.), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated within their jurisdictions to the maximum extent feasible before any incineration or landfill disposal, to conserve water, energy, and other natural resources, and to protect the environment.
2.
Assembly Bill 341 of 2011 (2011 Statutes, Chapter 476) amended the Integrated Waste Management Act to place requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services, and requires cities and counties to implement a mandatory commercial recycling program.
3.
Assembly Bill 1826 of 2014 (2014 Statutes, Chapter 727) amended the Integrated Waste Management Act to require businesses and multi-family property owners that generate specified threshold amounts of solid waste, recycling, and organic waste to arrange for recycling services, and requires cities and counties to implement a mandatory commercial organics recycling program.
4.
SB 1383 of 2016 (2016 Statutes, Chapter 395) required issuance of regulations to reduce organics in landfills, achieve organic waste reduction targets, encourage organic waste recycling, and 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 of, be recovered for human consumption.
(Ord. 6050 § 1, 2022)
§ 7.16.020 Definitions.
B. Brown Container. CalRecycle. C&D. Commercial Bin. Compostable Plastic. Designated Hauler. Department. Director. Enforcement Action. Enforcement Official. Excluded Waste. Food Scraps. Food-Soiled Paper. Food Waste. Franchise Waste Hauler. Mixed Waste Organic Collection Stream or Mixed Waste. Multi-Family Residential Dwelling or Multi-Family. Owner. Person. Prohibited Container Contaminants.1. 2. 3. 4. Regional Agency. Remote Monitoring. Single-Family. Solid Waste. Source Separated.
In addition to subsection A, the following definitions govern the interpretation of this chapter:
Includes brown or black containers for the collection of mixed solid waste.
The California Department of Resources Recycling and Recovery.
Construction and demolition debris.
A large capacity container designed to provide service to a commercial business or multi-family residential dwelling. Commercial bins are commonly referred to as dumpsters or roll-offs.
Plastic material that meets the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
A person that the City has authorized to collect, haul, and dispose of solid waste within the City under a franchise or other contract and to whom the City delegates responsibilities under this chapter as authorized in California Code of Regulations Title 14, Section 18981.2. Designated hauler is a designee as defined in California Code of Regulations, Title 14, Section 18982.
The City's Sustainability and Resilience Department.
The Sustainability and Resilience Director or any employee of the department to whom the Director has delegated responsibility for administration of this chapter.
The Sustainability and Resilience Director or any employee of the Sustainability and Resilience Department to whom the Director has delegated responsibility for enforcement of this chapter. An enforcement official is a code enforcement officer as described in California Penal Code Section 829.5.
Hazardous substances, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that a facility operator receiving materials from the City or a designated hauler, reasonably believes would, as a result of acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, including: land use restrictions or conditions, waste that cannot be disposed of in class III landfills or accepted at the facility by permit conditions, waste that would present a significant risk to human health or the environment, cause a public nuisance, or otherwise expose the facility operator to potential liability; but excluding de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
All food and food products that are spoiled, left over, or otherwise set aside for purposes of later disposal, excluding fats, oils, and grease when such materials are source separated from other food scraps.
Items made of compostable paper that have come in contact with food or liquid.
Food scraps, food-soiled paper, and compostable plastics.
A person having a valid franchise for solid waste collection service issued under Article XIV of the City Charter and Section 7.16.030(C) of this chapter.
Of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include commercial businesses such as hotels, motels, or other transient occupancy facilities.
Owner includes an owners' association for a common interest development.
An individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
In addition to the definition under subsection A, any of the following:
Discarded materials placed in a blue container that are not source separated recyclable material;
Discarded materials placed in a green container that are not source separated green container organic waste;
Discarded materials placed in a brown container that are acceptable for placement in a blue container or a green container;
Excluded waste placed in any container.
A regional agency as defined in California Public Resources Code Section 40181.
The use of electronic devices to visualize the contents of containers for purposes of identifying the nature or quantity of materials, including the presence of prohibited container contaminants.
Of, from, or pertaining to any residential premises with fewer than five dwelling units.
As defined in State Public Resources Code Section 40191.
Materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return 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, or as otherwise defined in California Code of Regulations, Title 14, Section 17402.5(b)(4). Source separated includes separation of materials by the generator, property owner, property manager, tenant, or employee of a generator, owner, manager, or tenant into different containers for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing.
(Ord. 6050 § 1, 2022)
§ 7.16.030 Mandatory Use of City Waste Management and Resource Recovery System.
A.
Collection of solid waste, organic waste, and source separated recyclable materials by a franchised waste hauler is mandatory for all parcels and business premises within the City. The owner of an occupied parcel or business premises, or parcel on which solid waste, organic waste, or recyclable materials is created, accumulated, or generated shall subscribe to and maintain adequate collection service by a franchised waste hauler. The minimum service level is one service pickup per week, provided, however that the Director may determine that a more frequent level of service is required for a parcel or business premises.
B.
The City Council may establish fees for solid waste collection and services and may provide for payment and collection of the fees through a unified billing system that includes fees imposed for City water and sewer service.
C.
The City Council has the exclusive power and authority to award, grant, or issue any franchise under this chapter. Franchises may be exclusive or semi-exclusive as determined by the City Council. Franchises may be issued with or without competitive bidding upon terms and conditions determined by the City Council. The City Council may issue separate franchises for excluded waste.
D.
The City Council may issue exclusive or semi-exclusive permits for special collection services that are not provided by a franchise waste hauler, including, but not limited to, collection of excluded waste and edible food.
E.
A franchise waste hauler shall provide, replace, and maintain sufficient and appropriately sized containers for solid waste, source separated organic waste, and source separated recyclable materials, to each parcel or business premises served as part of the franchisee's service according to the requirements established chapter for each waste generator classification. The required containers are:
1.
A blue container for storage and collection of source separated recyclable materials;
2.
A green container for storage and collection of source separated green container organic waste;
3.
A brown or black container for the storage and collection of mixed waste;
4.
A yellow container for storage and collection of source separated food waste.
F.
An owner of a parcel or business premises may assign responsibility under subsection A of this section to a tenant during the term of a tenancy pursuant to a written rental agreement. Also, an owner by written agreement may assign responsibility under subsection A to a person or entity providing property management or similar services with respect to a parcel or business premises.
G.
It is unlawful for any person to self-haul, engage in the business of hauling, or enter into any agreement for the collection of solid waste, organic waste, or recyclable material with any person who is not a franchise waste hauler, except as follows:
1.
The collection and removal of grass clippings and shrubbery by individual residents and by individuals doing business as professional landscapers, when the collection is directly related to work done on the property from which the clippings and shrubbery are collected or removed.
2.
The collection and disposal of liquid and industrial waste in accordance with Title 16 of this Code.
4.
The collection and disposal of excluded waste by a person issued a permit under subsection D of this section.
5.
The collection of edible food by a food recovery service or food recovery organization.
6.
The use of garbage disposal devices authorized by the Uniform Plumbing Code.
7.
Periodic transport and disposal at an authorized landfill or transfer station of solid waste generated on or in connection with use of a parcel by an owner or tenant of the parcel.
8.
Periodic transport to an authorized recyclable material collection or composting facility of recyclable or organic materials generated on or in connection with the use of a parcel by an owner or tenant of the parcel.
9.
Community clean-up events, trash removal from public places or places open to the public, or clean-up or code enforcement work perform by City employees or contractors on public or private property.
(Ord. 6050 § 1, 2022)
§ 7.16.040 General Provisions and Prohibitions Relating to Containers.
A.
The owner or occupant of a parcel is responsible for placing collection containers provided by the franchise waste hauler at the curb or in the parkway no sooner than 24 hours prior to the normal collection time established according to the schedule set by the franchise waste hauler. This provision does not apply to parcels for which collection is provided through commercial bins.
B.
Containers must not be placed in a manner that impedes normal vehicular or pedestrian traffic, public transportation, or access for persons with disabilities.
C.
Containers must be relocated to a lawful storage location on the parcel within 12 hours after collection.
D.
The occupant of a parcel served by one or more commercial bins shall make the bins accessible to franchise waste hauler on designated collection days established according to the schedule set by the franchise waste hauler. Storage locations on all parcels must comply with the Trash and Recycle Enclosure Design Guides adopted pursuant to Section 30.140.240 of this Code.
E.
Containers and commercial bins must:
1.
Be equipped with a lid that completely covers the opening and must be kept tightly closed so as to keep out insects and rodents.
2.
Contain all solid waste and recyclable and organic material within the appropriate container or commercial bin.
3.
Be used solely for the temporary placement of solid waste or recyclable or organic material for regular collection by the franchise waste hauler.
F.
Containers and commercial bins shall be maintained by the owner or occupant of the parcel or premises, in a safe, clean, working, and sanitary condition, and kept free of graffiti or other markings (except markings designating the property address associated with the container or commercial bin) and with all labels clearly visible and legible.
G.
All containers or commercial bins for each account shall be plainly marked on the front with either unit identification number/letter, business name, address, or otherwise to clearly identify the authorized user. The franchise waste hauler has primary responsibility for marking each container or bin.
H.
It is unlawful for a person to place solid waste in any container other than in the container designated for collection for the particular type of solid waste under this chapter.
I.
It is unlawful for any person to place hazardous waste, medical waste, or other prohibited items in a container designated for solid waste or recyclable or organic material.
J.
A franchise waste hauler shall assist and cooperate with the City in the development and implementation of a remote monitoring program for inspection of the contents of containers for prohibited container contaminants. If a remote monitoring program is established, the franchise waste hauler is responsible for providing containers that meet program requirements.
(Ord. 6050 § 1, 2022)
§ 7.16.050 Miscellaneous Unlawful Activities.
A.
It is unlawful to engage in the business of collecting, transporting, disposing, storing, transferring, sorting, or recycling of solid waste, organic waste, or recyclable material except pursuant to a franchise or other permit issued by the City Council under this chapter, except for unscheduled collections in accordance with a permit issued under Chapter 7.18 of this Code.
B.
It is unlawful for any person to deposit, dump, discard, leave or otherwise dispose of solid waste, organic waste, excluded waste, or recyclable material upon any public sidewalk, parkway, street, alley, park, creek, beach, or other public property within the City, except within a receptacle designed and designated for such purpose.
C.
It is unlawful for an owner or occupant of any parcel to accumulate or allow accumulation of solid waste, organic waste, excluded waste, or recyclable material on a park strip or sidewalk along any side or front-age of the parcel.
D.
It is unlawful for any person or entity to place solid waste, organic waste, excluded waste, or recyclable material generated from a parcel or business of that person or entity in, on, or next to any public containers placed on any public sidewalk, public right-of-way, open space, beach, park, or other public place.
E.
It is unlawful for any person to dump, bury, burn, incinerate or otherwise dispose of, store, or accumulate any solid waste, organic waste, excluded waste, or recyclable material on a parcel except as provided in this chapter. Nothing in this subsection prohibits composting of organic material in accordance with State and local laws and regulations governing composting.
F.
It is unlawful for any person to interfere with the performance of waste collection services by an employee or independent contractor of a franchise waste hauler.
G.
It is unlawful for any person, other than the owner or tenant, or an agent or employee of an owner or tenant of the parcel or business premises, or a person operating under a franchise or permit issued pursuant to this chapter, to:
1.
Tamper or meddle with, or remove the contents from any container or commercial bin for the collection of solid waste, organic waste, or recyclable material located on a parcel that the person does not own or lawfully possess.
2.
Remove, or tamper or meddle with any solid waste, organic waste, or recyclable material from any container or commercial bin that the person does not own or lawfully possess set out on any sidewalk, street, parkway, or other public right-of-way for collection of solid waste or recyclable or organic material by a franchise waste hauler.
3.
Remove, dump, damage, or interfere with any container placed for collection.
H.
It is unlawful for any person other than a City employee or contractor to destroy, damage, move, tamper with, or remove the contents from any container installed on any City sidewalk, parkway, plaza, paseo, or other City property for the collection of solid waste or recyclable material.
(Ord. 6050 § 1, 2022)
§ 7.16.060 Single-Family Residential Requirements.
A.
Single-family waste generators must subscribe to the collection services provided by a franchise waste hauler for solid waste, source separated organic waste, and source separated recycled material as provided in Section 7.16.030 of this chapter.
B.
The number and size of a generator's containers for a parcel shall be adequate to accommodate the solid waste, organic waste, and recyclable material generated at the parcel, but not less than the minimum size and number provided by the franchise waste hauler. The Director may evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and may require a single-family waste generator to adjust the service level for the parcel.
C.
Single-family waste generators may also manage their organic waste by preventing, reducing, or managing organic waste on site, including composting on site or at a community composting site pursuant to California Code of Regulations Title 14, Section 18984.9(c).
D.
Single-family waste generators shall place source separated green container organic waste, except food waste, in the green container; source separated recyclable materials in the blue container; and mixed waste, including food waste, in the brown container. Materials designated for green or blue containers are prohibited in brown containers.
(Ord. 6050 § 1, 2022)
§ 7.16.070 Multi-Family Residential Requirements.
A.
Multi-family residential waste generators must subscribe to the collection services provided by a franchise waste hauler for solid waste, source separated organic waste, and source separated recycled material as provided in Section 7.16.030 of this chapter.
B.
The number and size of containers for a multi-family residential parcel shall be adequate to accommodate the solid waste, organic waste, and recyclable material generated at the parcel, but not less than the minimum size and number provided by the franchise waste hauler. The City may evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and may require a multi-family waste generator to adjust the service level for the parcel.
C.
Multi-family residential waste generators shall place source separated green container organic waste, except food waste, in the green container; source separated recyclable materials in the blue container; and mixed waste, including food waste, in the brown container. Materials designated for green or blue containers are prohibited in brown containers.
D.
The owner of a multi-family residential premises is required to provide educational information to new residential occupants before or within 14 days of occupancy of the premises that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from mixed waste and the location of containers and the rules governing their use. The owner is required to post signs on or adjacent to containers used in common by residents of the premises describing the permitted and prohibited material for each container under this chapter. The owner shall provide records of compliance with this subsection upon demand of the Enforcement Official.
E.
An owner of a multi-family residential premises shall provide reasonable access to the Enforcement Official for inspection of containers and the container storage area.
F.
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to California Code of Regulations Title 14, Section 18984.9(c).
(Ord. 6050 § 1, 2022)
§ 7.16.080 Commercial Business Requirements.
A.
Commercial businesses must subscribe to the collection services provided by a franchise waste hauler for solid waste, source separated organic waste, and source separated recycled material, and when applicable, source separated food waste, as provided in Section 7.16.030 of this chapter. Commercial businesses that are tier one or tier two commercial edible food generators, shall also comply with food recovery requirements under Section 7.16.090 of this chapter. The provisions of this section are not applicable to multi-family residential premises, which are subject to the requirements under Section 7.16.080 of this chapter.
B.
The number and size of containers for a commercial business shall be adequate to accommodate the solid waste, organic waste, recyclable material, and food waste generated at the parcel, but not less than the minimum size and number provided by the franchise waste hauler. The Director may evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials and may require a commercial business to adjust the service level for the business premises.
C.
Commercial businesses shall place source separated green container organic waste, except food waste, in the green container; source separated recyclable materials in the blue container; source separated food waste in the yellow container; and mixed waste, including incidental food waste, in the brown container. Materials designated for green, blue, or yellow containers are prohibited in brown containers.
D.
Commercial business owners shall provide and allow convenient access to an adequate number of appropriately sized and located blue, green, yellow, and brown containers appropriate for the business activities conducted on the premises for use of employees, tenants, customers, and business invitees. Blue, green, or yellow containers need not 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 is not required to provide that particular container in all areas where disposal containers are provided for customers or business invitees.
E.
Containers provided by a commercial business shall have either:
1.
A body or lid that conforms with the container colors provided through the collection service provided by jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements; or
2.
Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
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 the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. |
F.
Commercial businesses shall:
1.
Prohibit their employees from placing organic waste in a container not designated to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c) of the California Code of Regulations, Title 14.
2.
Periodically inspect organic waste containers for contamination and inform employees if containers are contaminated and of the requirement to only use those containers for organic waste.
3.
Post signs on or adjacent to containers used by employees, customers, and business invitees describing the permitted and prohibited material for each container under this chapter. The owner shall provide records of compliance with this subsection upon demand of the Enforcement Official.
4.
Provide educational information before or within 14 days of occupancy of the premises to new occupants that describes requirements of this section and the location of containers and the rules governing their use at each property.
5.
Provide reasonable access to the Enforcement Official during business hours for inspections of containers, the container storage area, and required postings.
G.
Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to California Code of Regulations Title 14, Section 18984.9(c).
(Ord. 6050 § 1, 2022)
§ 7.16.090 Commercial Edible Food Generator Requirements.
A.
Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022. Tier two commercial edible food generators must comply with the requirements of this section commencing January 1, 2024.
B.
Large venue or large event operators not providing food services, but allowing for food to be provided by others, must require food facilities operating at the large venue or large event to comply with the requirements of this section commencing January 1, 2024.
C.
Commercial edible food generators must comply with each of the following requirements:
1.
Establish written operational procedures to recover the maximum amount of edible food that would otherwise be disposed. The procedures must prohibit intentional spoiling or disposal of edible food that is capable of recovery by a food recovery organization or food recovery service.
3.
Provide reasonable access to the Enforcement Official during business hours for inspections and review records.
4.
Keep records as follows or as otherwise required by California Code of Regulations, Title 14, Section 18991.4:
a.
A list of each food recovery organization or food recovery service used by the generator for recovery of eligible food including:
i.
The name, address and contact information of each organization or service.
ii.
The types of edible food that will be collected by or self-hauled to each organization or service.
iii.
The established frequency that food will be collected or self-hauled.
iv.
The quantity of edible food, measured in pounds recovered per month, collected or self-hauled to each organization or service for food recovery.
b.
A copy of all written agreements established under paragraph 2 of this subsection.
5.
File an annual report with the Enforcement Official containing the information required by paragraph (4)(a) of this subsection. The report must be filed no later than July 1, 2022 for tier one commercial edible food generators and July 1, 2024 for tier two commercial edible food generators, and each July 1 thereafter. The Enforcement Official may establish a form for the report required by this paragraph.
D.
Nothing in this section is intended 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 under Article 13 [commencing with Section 49580] of Chapter 9 of Part 27 of Division 4 of Title 2 of the California Education Code or Section 114079 of the California Health and Safety Code, relating to food safety, as amended from time to time.
(Ord. 6050 § 1, 2022)
§ 7.16.100 Food Recovery Organization and Service Requirements.
A.
A food recovery service collecting or receiving edible food under written agreement with a commercial edible food generator shall maintain the following records:
1.
The name, address, and contact information for each commercial edible food generator.
2.
The monthly quantity in pounds, of edible food collected from each commercial edible food generator.
3.
The monthly quantity in pounds, of edible food delivered by the food recovery service to each food recovery organization.
4.
The name, address, and contact information for each food recovery organization that receives edible food from the food recovery service.
5.
Other information required by California Code of Regulations, Title 14, Section 18991.5(a)(1).
B.
A food recovery organization collecting or receiving edible food under written agreement with a commercial edible food generator shall maintain the following records:
1.
The name, address, and contact information for each commercial edible food generator.
2.
The monthly quantity in pounds, of edible food received from each commercial edible food generator.
3.
Other information required by California Code of Regulations, Title 14, Section 18991.5(a)(2).
C.
A food recovery organization shall maintain a record of the name, address, and contact information for each food recovery service that delivers edible food to the organization.
D.
Food recovery organizations and food recovery services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under Title 14 California Code of Regulations Section 18991.3(b).
E.
Food recovery organizations and food recovery services shall file an annual written report on or before July 1, 2022 of the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators within the City. The first report shall be filed on or before July 1, 2022.
F.
Within 60 days of a written request by the department, food recovery organizations and food recovery organizations operating in the City shall provide information regarding existing, or proposed new or expanded, food recovery capacity.
(Ord. 6050 § 1, 2022)
§ 7.16.110 Hauler and Facility Operator Requirements.
A.
Within 60 days of a written request by the department, owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
B.
Within 60 days of a written request by the department, community composting operators shall provide information to support the City's organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation.
(Ord. 6050 § 1, 2022)
§ 7.16.120 Sustainable Purchasing and Procurement Policy.
City departments and direct service providers shall comply with the City's Sustainable Purchasing and Procurement Policy as adopted from time-to-time by City Council resolution.
(Ord. 6050 § 1, 2022)
§ 7.16.130 Waivers.
A.
The Enforcement Official may waive some or all of the requirements of Section 7.16.070 or 7.16.080 of this chapter relating to source separation of organic waste as follows:
1.
An application for a waiver has been submitted on a form approved by the Enforcement Official and an application processing fee in an amount established by City Council resolution has been paid.
2.
The Enforcement Official determines, based on substantial evidence, that the organic waste generated from the commercial business or multi-family residence meets one of the following requirements:
a.
The total solid waste collection service is two cubic yards or more per week and the organic waste subject to collection in a blue container or green container has a volume less than 20 gallons per week per applicable container.
b.
The total solid waste collection service is less than two cubic yards per week and the organic waste subject to collection in a blue container or green container has a volume less than 10 gallons per week per applicable container.
3.
The applicant shall agree to notify the Enforcement Official of any change in circumstances and to permit the Enforcement Official to conduct periodic inspections to determine whether the facts justifying the waiver continue to exist.
4.
The waiver may be issued for a term not to exceed five years, subject to renewal upon submission of a new application. The Enforcement Official shall revoke a waiver upon a determination that the premises no longer meets the requirements for issuance of a waiver.
B.
The Enforcement Official may waive some or all of the requirements of Section 7.16.070 or 7.16.080 of this chapter, a determination based on evidence from department staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A person subject to Section 7.16.070 or 7.16.080 of this chapter may request a physical space waiver through the following process:
1.
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2.
Provide documentation that the premises lacks adequate space for blue containers, yellow containers, and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3.
Provide written verification to the department every five years that the property meets the eligibility requirements for a physical space waiver.
(Ord. 6050 § 1, 2022)
§ 7.16.140 Enforcement and Inspections.
A.
The Enforcement Official is responsible for enforcement and administration of this chapter and any franchise approved by the City Council.
C.
The Enforcement Official is authorized to conduct inspections, issue citations, and to obtain inspection warrants for enforcement of this chapter.
(Ord. 6050 § 1, 2022)
§ 7.18.010 Definitions.
The words and phrases used in this chapter shall have the same meaning as defined in Section 7.16.010, unless otherwise specifically defined herein. Words and phrases not defined in this section or in Section 7.16.010 shall have the meaning as defined in the Act.
The California Integrated Waste Management Act, Public Resources Code Section 4000 et seq., including all regulations promulgated thereunder by the Integrated Waste Management Board as presently enacted or subsequently enacted or amended.
A recycling, composting, materials recovery or re-use facility for which the Public Works Director has issued a certification pursuant to Chapter Regulations adopted pursuant to this chapter. The Chapter Regulations establish the specific requirements for the certification of a recycling facility. The Public Works Director shall issue a certification on an annual basis for a recycling facility only if the owner or operator of the facility submits documentation satisfactory to the Director that the facility has obtained all applicable Federal, State and local permits. In addition, the owner or operator of a certified recycling facility shall regularly submit records, on a form approved by the Public Works Director, which evidences that the amount of waste that is diverted from landfill disposal meets the minimum percentage set forth in this chapter and in the Chapter Regulations.
Any person who provides Unscheduled Collection services in the City.
The discarded materials, packaging or rubble resulting from the construction, remodeling, repair, or demolition of buildings and other improvements, including, but not limited to, brick, rock, wood, and concrete.
Any roll-off, container, box, dumpster, or other similar container that is 10 cubic yards or greater in volume, including any vehicle with a gross vehicle weight rating of seven tons or greater and which is used to provide Unscheduled Collection of solid waste or other similarly defined services. For purposes of this section, the terms "gross vehicle weight rating" and "vehicle" shall have the same meaning as those terms are defined in Sections 350 and 670, respectively, in the California Vehicle Code as presently enacted or subsequently enacted or amended.
A reduction in the amount of solid waste being disposed in landfills by the delivery of waste collected by a Permittee to a Certified Recycling Facility or disposed by other appropriate methods as approved in the Chapter Regulations.
Any prunings, brush, leaves, grass clippings, hedge trimmings, small branches or other vegetative waste.
The Collection Business in whose name an Unscheduled Collection Permit has been issued, including any Person acting as an agent of the Permittee.
Person includes both singular and plural and shall mean and include any business, individual, firm, corporation, association, partnership or limited partnership, joint venture, trust or a similar legal entity, but shall exclude public agencies.
Any waste, including Garbage that is capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions. For purposes of this chapter, putrescible waste does not include Greenwaste.
All nonputrescible solid and semi-solid waste, including, but not limited to, Garbage, Rubbish and Trash, Refuse, Rubble, Construction and Demolition Debris, Industrial Waste, discarded home and industrial appliances, and other discarded substances and materials, excepting Hazardous waste, Radio-active waste, and Medical waste, as those terms are defined in the Act.
Collection of non-putrescible solid waste, including, but not limited to, Greenwaste and Construction and Demolition Debris, provided through the delivery, use, and removal of Containers on an occasional and non-recurring basis in response to requests for such service at specific real property located within the City. For purposes of this chapter, Regular Collection Commercial Service, excepting the collection and transportation of Construction and Demolition Debris, provided by a franchised Contractor utilizing Containers, is not Unscheduled Collection service.
(Ord. 5438, 2007)
§ 7.18.020 Permit Required.
A.
Permit required. No Person shall engage in, manage, conduct, or operate a Collection Business within the City of Santa Barbara without having obtained an Unscheduled Collection Permit from the City.
B.
Exemptions. This chapter shall not apply to:
1.
Any Person who is authorized under the Act to transport or dispose of Hazardous Waste, Radioactive and Medical Waste and which does not provide Unscheduled Collection services pursuant to this chapter.
2.
A licensed general contractor (or an agent thereof) who transports loads that are not delivered to a Disposal site or Recycling facility and for which no disposal charge or fee is levied, including, but not limited to, loads consisting of soil, gravel and similar excavation material that is delivered to a construction site as part of the necessary grading of that site.
(Ord. 5438, 2007)
§ 7.18.030 Permit Application and Issuance.
An Unscheduled Collection Permit shall be issued by the City Public Works Director upon receipt of a duly completed application, in a form approved by the Public Works Director, of any Collection Business intending to provide Unscheduled Collection within the City of Santa Barbara. The permit application form shall include, but is not limited to, the following information:
A.
Full name of applicant.
B.
Permanent home and business address of the applicant.
C.
Trade and firm name.
D.
If a joint venture, partnership or limited partnership, the names and permanent addresses of all joint ventures or general partners. If a corporation, the name and permanent address of the local manager and the address of the corporate headquarters.
(Ord. 5438, 2007)
§ 7.18.040 Permit Terms and Conditions.
Unscheduled Collection Permits shall be subject to, but not limited to, the following required standard terms and conditions:
A.
Encroachment permit required. The Permittee shall obtain an encroachment permit pursuant to Chapter 10.55 prior to placing a Container on any city street, roadway, sidewalk, parkway, parking area or facility or other City-owned property.
B.
Diversion requirements. The Permittee shall deliver all solid waste collected pursuant to this chapter to a Certified Recycling Facility. For purposes of this chapter, "diversion" of solid waste shall commence at the real property located within the City where the solid waste is first collected and shall end upon delivery to a Certified Recycling Facility. The Public Works Director is authorized to waive or modify the requirements of this subsection pursuant to the diversion requirements established in the Chapter Regulations.
C.
Reporting requirements. The Permittee shall make a quarterly report to the Public Works Director regarding the composition, weight, and final destination of all Solid Waste that is hauled from within the City of Santa Barbara in Containers provided by the Permittee and any other information required by the Public Works Director in regard to the collection, classification, and disposition of Solid Waste collected pursuant to this chapter. The Public Works Director may develop a standard form for this required quarterly report.
D.
Review of permittee's records. The Public Works Director shall have the right at any time during normal business hours to inspect and request copies of the Permittee's records relating to unscheduled collection within the City for the purpose of determining compliance with the diversion and reporting requirements of this chapter and the Chapter Regulations.
E.
Period of validity. An Unscheduled Collection Permit shall be valid from five years from the date of its issuance. Prior to expiration of the Permit, the Permittee shall reapply to the Public Works Director for a renewed Unscheduled Collection Permit.
F.
Permit conditions and modification of permit. The Unscheduled Collection Permit shall be granted on such other conditions as determined appropriate by the Public Works Director, provided such conditions are consistent with the provisions of this chapter, including all Chapter Regulations. The Public Works Director may, from time to time, modify the Unscheduled Collection Permit conditions as he or she deems appropriate or due to changes in applicable law.
G.
Putrescible wastes not allowed. Unscheduled Collection shall not be used for the placement and removal of Putrescible Waste.
H.
Posting of permit. A Permittee shall post, and securely fasten, a copy of its Unscheduled Collection Permit on all of its Containers being used within the City in a manner which makes the Permit clearly visible to the public at all times.
I.
Permit and other fees. Fees payable by Permittee for the Unscheduled Collection Permit and other applicable fees shall be established by resolution of the City Council.
(Ord. 5438, 2007)
§ 7.18.050 Suspension or Revocation of Unscheduled Collection Permit.
A.
Grounds for suspension or revocation. The City shall have the right to temporarily suspend or revoke an Unscheduled Collection Permit, upon 10 days prior written notification to the Permittee, if the Permittee, his or her agent, employee or any person connected or associated with the Permittee has:
1.
Knowingly made any false, misleading or fraudulent statement of a material fact in an application for an Unscheduled Collection Permit, or in any record or report required to be filed with the Public Works Director.
2.
Violated any provision of this chapter, rules and regulations adopted pursuant thereto, or of any statute or law relating to the permitted activity.
3.
Failed to comply with the terms and conditions of the Unscheduled Collection Permit.
B.
Notification of intent to suspend or revoke. The Public Works Director shall serve notice in writing to the Permittee by regular mail (postage prepaid) or by personal service that the Director intends to suspend or revoke Permittee's Unscheduled Collection Permit not less than 10 days following the date of the Notice. The Public Works Director shall also notify the Permittee in writing of the right to appeal the suspension or revocation to a hearing officer designated for that purpose by the City Administrator.
C.
Written appeal. A written appeal shall be filed by the Permittee within 10 calendar days of the date of the written notice of the suspension or revocation with the City Clerk and shall comply with the requirements of Chapter 1.30. The Permittee shall set forth in the appeal letter the reason(s) why the suspension or revocation is not warranted.
D.
Automatic suspension or revocation. If no appeal is filed within the time allowed, the Permittee's Unscheduled Collection Permit shall be considered suspended or revoked for the period of time indicated in the notice as of 15 calendar days from the service of the notice of suspension or revocation as provided in subsection A of this section.
E.
Stay of suspension or revocation. Upon the filing of a timely appeal, the suspension or revocation of the Unscheduled Collection Permit shall be stayed pending the final determination by the designated hearing officer, unless the Public Works Director determines in writing that the conditions or events which gave rise to the suspension or revocation of the Unscheduled Collection Permit constitutes an imminent or immediate threat to the health, safety, welfare or environment of the public, in which case the suspension or revocation shall be effective immediately upon Notification.
(Ord. 5438, 2007)
§ 7.18.060 Procedure Upon Appeal.
Appeals by the Permittee of a suspension or revocation of the Unscheduled Collection Permit shall be conducted in accordance with Section 1.25.100.
(Ord. 5438, 2007)
§ 7.18.070 Time to Submit Permit Application.
Persons operating a Collection Business at the time of the adoption of the ordinance enacting this chapter must submit an application for an Unscheduled Collection Permit no later than 90 days after the adoption date of the ordinance enacting this chapter.
(Ord. 5438, 2007)
§ 7.18.080 Chapter Regulations.
The Public Works Director shall prepare regulations required to enforce or carry out the provisions of this chapter, which regulations shall be submitted to and approved by resolution of the City Council ("Chapter Regulations") not later than the effective date of the ordinance approving this chapter.
(Ord. 5438, 2007)
§ 7.24.010 Temporary Toilet Facilities During Building Construction - When Required.
It is unlawful for any person to commence construction work on any building in the City where two or more workmen are employed, unless adequate temporary toilet facilities for the use of the workmen is provided. Such adequate temporary toilet facilities shall be maintained until the completion of the construction work on the building.
(Prior code §11.1)
§ 7.24.020 Specifications for Toilet Facilities.
Adequate temporary toilet facilities within the meaning of the preceding section shall consist of either a water closet connected with the sewer or an approved patented chemical-type portable toilet, regularly pumped and serviced to prevent unsanitary conditions and foul odor.
(Prior code §11.2; Ord. 3763 §1, 1975)
§ 7.28.010 Authority to Prohibit Parking.
The Director of Public Works is authorized to prohibit parking on designated City streets and private streets open for public use, for limited periods of time on designated days, for street sweeping purposes, when debris and/or refuse on a given street have accumulated to such an extent as to constitute a public nuisance.
(Ord. 3403 §1, 1970)
§ 7.28.020 Public Nuisance.
A public nuisance under the provisions of this chapter shall be deemed to exist if the Director of Public Works submits to the City Administrator a written statement that debris and/or refuse has existed on a City street for a prolonged period of time exceeding five days, and because of continual presence of parked vehicles it has not been possible to remove such debris and/or refuse by normal street sweeping methods.
(Ord. 3403 §1, 1970)
§ 7.28.030 Notice of Intention to Prohibit Parking.
Notice of intention to prohibit parking, stating the date and time, shall be given in writing to owners of abutting properties along the street or streets where such public nuisance is deemed to exist, at least 10 days prior to the prohibition of parking on such street or streets as herein provided.
(Ord. 3403 §1, 1970)
§ 7.28.040 Protest to Prohibition.
Any person objecting to the prohibition of parking on any street as herein provided may file a protest with the City Council prior to the actual posting of signs prohibiting parking, in which case the prohibition of parking shall be postponed until a hearing on such protest and a determination thereof by the City Council.
(Ord. 3403 §1, 1970)
§ 7.28.050 Prohibition Effective Upon Posting.
The prohibition of parking on any given street shall be effective upon the posting of temporary signs thereof along the street.
(Ord. 3403 §1, 1970)
§ 7.28.060 Termination of Prohibition.
The Director of Public Works shall terminate such prohibition of parking when and if he or she determines that the same is no longer required for the abatement of a public nuisance.
(Ord. 3403 §1, 1970)