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ARTICLE 6: GARBAGE AND REFUSE

Sec. 280. Dumping of Refuse, Etc., in Designated Places Prohibited.

Sec. 283. Containerization and Binding of Refuse.

Sec. 283.1. Penalty.

Sec. 286. Hours of Removal of Waste From Fish Markets Fixed.

Sec. 287. Penalties.

Sec. 288. Construction and Demolition Debris.

Sec. 288.1. Penalty.

Sec. 290. Refuse Collection and Disposal Ordinance No. 17.083.

Sec. 291. Owner Responsibility for Maintenance of Refuse Collection Service to Dwellings; Definitions.

Sec. 291.1. Owner Responsible for Refuse Collection Service.

Sec. 291.2. Failure to Initiate Service or to Provide Sufficient Refuse Containers.

Sec. 291.3. Violation a Misdemeanor.

Sec. 291.4. Collector Entitled to Payment for Services Rendered.

Sec. 291.5. Complaint of Nonpayment.

Sec. 291.6. Form of Collector's Bill.

Sec. 291.7. Payment by Department of Public Health Lien.

Sec. 291.8. Payment Based on Incorrect Information.

Sec. 291.9. Director's Hearing.

Sec. 291.10. Collection of Delinquent Fees as a Special Assessment.

Sec. 291.11. Report of Delinquencies Transmitted to Board of Supervisors.

Sec. 291.12. Hearing.

Sec. 291.13. Collection of Assessment.

Sec. 291.14. Continuing Appropriation Account.

Sec. 291.15. Manner of Giving Notices.

Sec. 291.16. Penalty.

Sec. 291.17. Severability.

Sec. 292. Character of Vehicles for Refuse Removal.

Sec. 293. Definitions Applicable to Sections 293– 293.4.

Sec. 293.1. Violations.

Sec. 293.2. Penalty.

Sec. 293.3. Enforcement.

Sec. 293.4. Application.

Sec. 294. Solid Waste Transfer Station– Permit Required.

Sec. 297. Use of Manure Wagons.

Sec. 307. Removal of Waste From Wholesale Vegetable Markets.

Sec. 308. Sale on Sidewalk or From Sidewalk or From Standing Vehicles Prohibited.

Sec. 313. Routes of Garbage Collectors– Collection Permits.

SEC. 280. DUMPING OF REFUSE, ETC., IN DESIGNATED PLACES PROHIBITED.

No person, company or corporation shall deposit, dump or cause to be dumped or deposited upon any street, lot or lands within City and County of San Francisco or in any water or waterways within said City and County, or from any wharf or bulkhead on the waterfront of said City and County, except as hereinafter provided, any house refuse, butchers' offal, garbage, refuse, dirt, ashes, cinder, sludge, broken glass, crockery, tins, bones, rubbish or other like matter or any dead animals (not otherwise provided for by contract or franchise heretofore granted by the City and County), or putrid or stinking animal or vegetable matter or fish, flesh and food condemned by the Director of Public Health as unfit for human food.

SEC. 283. CONTAINERIZATION AND BINDING OF REFUSE.

No commercial establishment, dwelling, householder or other person or entity shall store or place out for collection any refuse that is subject to putrefaction and any other refuse destined for disposal unless it is contained or secured to prevent pets and other animals from gaining access to its contents and to prevent its dispersal by the wind or other elements. All refuse other than cardboard boxes that are destined for disposal and all putrescible refuse must be placed in suitable metal or solid plastic receptacles. Plastic bags not otherwise contained in metal or solid plastic receptacles shall not in themselves constitute suitable receptacles. The contents of suitable receptacles for putrescible refuse and refuse destined for disposal shall not extend above the top or rim thereof, and shall be contained by tight-fitting lids or sealed enclosures. Cardboard boxes need not be contained provided they are emptied, flattened, and tied into bundles of sufficient size to prevent their dispersal by the wind.

(Added by Ord. 466-85, App. 10/4/85; amended by Ord. 125-01, File No. 010269, App. 6/15/2001)

SEC. 283.1. PENALTY.

Any person, firm or corporation violating any of the provisions of Section 283 of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500. In the alternative, any person, firm or corporation violating any of the provisions of Section 283 of this Article may be assessed an administrative penalty not to exceed $1,000 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.

(Added by Ord. 33-78, App. 1/13/78; amended by Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004)

SEC. 286. HOURS OF REMOVAL OF WASTE FROM FISH MARKETS FIXED.

The garbage and waste from all wholesale fish markets, or places from which fish is distributed to markets and stalls, must be removed daily between the hours of 5:00 a.m. and 8:00 a.m.

SEC. 287. PENALTIES.

Any person who shall violate any of the provisions of Section 280 or 286 of this Article, shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $80 nor more than $100; for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500.

If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the County Jail not exceeding one year or a fine not exceeding $1,000. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be solely that of the District Attorney.

As an alternative to any other fines and penalties applicable to a violation of Section 280 of this Article, any person who is in violation of Section 280 may be subject to an administrative penalty not to exceed $1,000 for each violation. The administrative penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.

(Amended by Ord. 46-83, App. 2/4/83; Ord. 197-98, App. 6/19/98; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004)

SEC. 288. CONSTRUCTION AND DEMOLITION DEBRIS.

No commercial establishment, dwelling, householder or other person or entity, including the City and County of San Francisco, shall place out for regular refuse collection any construction and demolition debris. Unless otherwise required by Chapter 14 of the Environment Code or acceptable in an on-site residential or commercial recycling or composting collection program, construction and demolition debris must be disposed of at a construction and demolition debris facility registered pursuant to Chapter 14 of the Environment Code. For purposes of this section, construction and demolition debris means building materials and solid waste generated by construction and demolition activities, including but not limited to: fully-cured asphalt, concrete, brick, rock, soil, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, fixtures, plastic pipe, metals, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction, deconstruction, demolition or land developments. Construction and demolition debris does not include any refuse regulated under the 1932 Refuse Collection and Disposal Initiative Ordinance or sections of the Municipal Code that implement the provisions of that ordinance. Hazardous waste, as defined in California Health and Safety Code Section 25100 et seq., as amended, is not construction and demolition debris for purposes of this section.

(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)

SEC. 288.1. PENALTY.

Any person, firm or corporation violating any of the provisions of Section 288 of this Article shall be guilty of an infraction and, upon conviction thereof, shall be punished for the first offense by a fine of not less than $80 nor more than $100; and for a second offense by a fine of not less than $150 nor more than $200; and for each additional offense by a fine of not less than $250 nor more than $500. In the alternative, any person, firm or corporation violating any of the provisions of Section 288 of this Article may be assessed an administrative penalty not to exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.

(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)

SEC. 290. REFUSE COLLECTION AND DISPOSAL ORDINANCE NO. 17.083.

This Section is enacted to set forth portions of the Refuse Collection and Disposal Ordinance No. 17.083, Appendix A of the San Francisco City Charter, heretofore has been adopted to read as follows:

 

"Section 1. The term "refuse" as used in this ordinance shall be taken to mean all waste and discarded materials from dwelling places, households, apartment houses, stores, office buildings, restaurants, hotels, institutions and all commercial establishments, including waste or discarded food, animal and vegetable matter from all kitchens thereof, waste paper, cans, glass, ashes and boxes and cutting from trees, lawns and gardens. Refuse as used herein does not include debris and waste construction materials, including, wood, brick, plaster, glass, cement, wire, and other ferrous materials, derived from the construction of or the partial or total demolition of buildings or other structures.

 

"Section 2. It shall be unlawful for any person, firm or corporation to dispose of refuse as defined in this ordinance except as herein provided, save that the provisions of this ordinance shall not include refuse which may be incinerated by an owner of a building for himself or for his tenants on the premises where produced; provided, however, that such incineration shall be subject to inspection and control by the Director of Public Health and the Fire Department. Failure of any householder producing refuse to subscribe to and pay for refuse collection, unless such householder is a tenant for whom refuse collection service is provided by his landlord, shall be prima facie evidence that such householder is disposing of refuse in violation of this ordinance.

 

"Section 3. Refuse consisting of waste or discarded food, animal and vegetable matter, discharged containers, of food, animal and vegetable matter and ashes shall be collected and placed in suitable metal cans of such capacity as the Director of Public Works may prescribe (but not to exceed 32 gallons in the case of a can serving one single family dwelling unit) by the producer or landlord who by reason of contract or lease with an occupant is obligated to care for such refuse, for collection by a refuse collector to be disposed of as herein provided. Waste paper and boxes and other refuse materials not subject to putrefaction or decay, and cuttings from trees, lawns and gardens may be placed in any suitable container and delivered by the producer or landlord, who by reason of contract or lease with the occupant is obligated to care for such refuse and deliver same to a refuse collector, to be disposed as herein provided; provided, however, that it shall be optional with the producer or landlord to deliver waste paper or other refuse having a commercial value to a refuse collector, and the producer or landlord may dispose of the same in any manner he may see fit. (Refuse which under the provisions hereof must be deposited in a metal can of suitable capacity shall be removed daily from the place where the same is created.)

 

"Section 4. It shall be unlawful for any person, firm or corporation, other than a refuse collector licensed by the Director of Public Health as in the ordinance provided, to transport through the streets of the City and County of San Francisco any refuse as in this ordinance defined, or to collect or to dispose of the same, except waste paper, or other refuse having a commercial value."

 

*   *

 

"Person, firms or corporations desiring to transport through the streets of the City and County of San Francisco only waste paper or other refuse having commercial value, and to collect and dispose of same need not obtain a permit therefor under the provisions of this ordinance."

 

"Section 11. Disputes over charges made by collectors or as to the character of the service performed shall be decided by the Director of Public Health. Any charges made in excess of rates fixed pursuant to this ordinance, when determined by the Director of Public Health, shall be refunded to the person or persons who paid the excess charge.

 

"Section 12. A refuse collector shall be entitled to payment for the collection of refuse at the end of each month from each householder or landlord served by him and from whom the payment is due."

 

"Section 14. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

(Added by Ord. 316-75, App. 7/11/75)

SEC. 291. OWNER RESPONSIBILITY FOR MAINTENANCE OF REFUSE COLLECTION SERVICE TO DWELLINGS; DEFINITIONS.

Unless the context otherwise specifies or requires, the terms defined in this Section shall, for all purposes of this Article, have the meanings herein specified, the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined:

(a) The term "City" means the City and County of San Francisco;

(b) The term "Collector" means a refuse collector duly licensed pursuant to the provisions of the Initiative Ordinance;

(c) The term "Director" means the Director of Health of the City, or his authorized agents;

(d) The term "dwelling" means a residence, flat, apartment, or other facility, used for housing one or more persons in the City and County of San Francisco;

(e) The term "Initiative Ordinance" means the Initiative Refuse Collection and Disposal Ordinance adopted November 8, 1932, as amended; and

(f) The term "Owner" when used with reference to a dwelling shall mean, and shall conclusively be deemed to be, the legal Owner of the dwelling.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.1. OWNER RESPONSIBLE FOR REFUSE COLLECTION SERVICE.

The owner of any dwelling shall subscribe to and pay for refuse collection service rendered to such dwelling by a collector and shall provide at a location accessible to the collector an adequate container or containers for deposit of refuse of such capacity as the Director of Public Works may prescribe. The necessity for and type of refuse collection service required and the rates charged therefor shall be governed by the Initiative Ordinance.

Nothing in this Section is intended to prevent an arrangement or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant or tenants, or any agent, in behalf of the Owner. However, any such arrangement will not affect the Owner's obligation to the City.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.2. FAILURE TO INITIATE SERVICE OR TO PROVIDE SUFFICIENT REFUSE CONTAINERS.

When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a Dwelling by any person, the Director will give the Owner notification that such service is required. A copy of said notice will be sent to the Collector. If the Owner does not arrange with the Collector for service within 15 days from the date of mailing of the notice, then the Collector shall initiate and continue refuse collection service for said dwelling.

When in the judgment of the Director additional refuse containers are required, they shall be provided by the Owner upon written notification from the Director.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.3. VIOLATION A MISDEMEANOR.

Any Owner who shall violate any of the provisions of Section 291.1 and 291.2 of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.4. COLLECTOR ENTITLED TO PAYMENT FOR SERVICES RENDERED.

Pursuant to the provisions of the Initiative Ordinance, the Collector shall be entitled to payment from the owner for services rendered. When the Owner has been directed to initiate service but fails to provide an adequate container or containers at an accessible location and the Collector attempts to collect refuse from the dwelling then such attempt shall be deemed the rendering of collection service for which Collector is entitled to compensation in the same manner and amount as if refuse had actually been collected. Should there be failure to make payment for any service rendered by the Collector, the means for effecting payment shall be in accordance with the procedure set forth hereunder.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.5. COMPLAINT OF NONPAYMENT.

Any account shall be deemed delinquent 15 days after the last day of the normal billing period for which service has been rendered when the bill has not been paid in full. Not less than 15 days after the Owner has been mailed the bill containing the notice described in Section 291.6 hereunder regarding a delinquent account and not more than 180 days after such account has become delinquent respecting such bill, said Collector may file with the Director a verified written complaint which shall contain the specific allegation setting forth the name or names of the Owner, the address of the Dwelling served, the period of service, the amount due, the steps taken to secure payment and such other information as the Director may reasonably require.

Pending satisfactory payment by said Owner, or by the City pursuant to Section 291.6 hereunder, the Collector shall continue to provide uninterrupted normal refuse collection service to the Dwelling covered by the complaint; provided, however, that said Collector shall not be required to continue to provide such uninterrupted normal refuse collection service if the City fails or is unable to pay the fees due under this Article after the City has received the complaint and the rates or service to the Dwelling are not under adjudication as provided by the Initiative Ordinance.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.6. FORM OF COLLECTOR'S BILL.

The bill presented to the Owner pursuant to Section 291.5 shall include a warning notice that if the bill is not paid within 15 days, it may be paid by the City and that payment by the City may render the Owner responsible for penalties, interest and may result in the recordation of a lien against the property to which service was rendered.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.7. PAYMENT BY DEPARTMENT OF PUBLIC HEALTH LIEN.

Within 45 days following the receipt of the complaint filed in accordance with Section 291.5, the Director shall, regardless of any sale or other transfer of property following the date of receipt of such complaint, process the complaint for payment to the Collector from a continuing appropriation account so provided herein under Section 291.14, and the Owner shall be liable to the City for fees paid. The payment by the City will, upon the recording thereof in the manner herein provided, create a lien on the real property to which the service was rendered. The lien will be officially recorded in the County Recorder's files, the lien to carry and will include additional charges for administrative expenses of $50 or 10 percent of the amount owned, whichever is higher, and interest at a rate of 1 1/2 percent per full month compounded monthly from the date of the recordation of the lien on all fees and charges due. The Owner shall be notified by the Director that the fees and charges are due to the City. In addition, the Owner shall be notified that if the fees and charges remain unpaid, subsequent proceedings may be taken to make said fees and charges a special assessment on the real property to which said refuse collection service was rendered.

(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 206-93, App. 6/25/93))

SEC. 291.8. PAYMENT BASED ON INCORRECT INFORMATION.

If City makes payment to Collector and the information provided by Collector pursuant to Section 291.5 is found to be inaccurate so as to prevent City from recovering the amount of payment from Owner, Collector shall reimburse City for the amount paid to Collector and the administrative cost incurred pursuant to this Ordinance.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.9. DIRECTOR'S HEARING.

Prior to the report of delinquent collection services fees being submitted to the Board of Supervisors, the Director shall cause a hearing to be held as to each owner of the real property to which service was rendered. At such hearing, the Owner may make any protest or objection regarding inclusion on the list.

The Director shall fix a date, time and place of hearing and shall cause a notice, at least 10 days prior to said hearing, to be mailed to the Owners.

At the conclusion of the hearing, the Director shall issue a report of delinquent charges together with his recommendation as to any charge.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.10. COLLECTION OF DELINQUENT FEES AS A SPECIAL ASSESSMENT.

The Director may initiate proceedings to make delinquent refuse collection service fees a special assessment against the parcels of property situated within the City to which said service was rendered and fees paid by City.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.11. REPORTS OF DELINQUENCIES TRANSMITTED TO BOARD OF SUPERVISORS.

A report of delinquent charges shall be transmitted to the Board of Supervisors by the Director. Upon receipt by the Board of Supervisors of the report, it shall fix a time, date and place for hearing the report and any protests or objections thereto.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.12. HEARING.

The Board of Supervisors shall cause notice of the hearing to be mailed to the Owner of the real property to which the service was rendered not less than 10 days prior to the date of hearing. At the time fixed for the report, the Board of Supervisors shall hear it with any objections of the Owner liable to be assessed for delinquent accounts. The Board of Supervisors may make such revisions, corrections or modifications of the report as it may deem just and in the event that the Board of Supervisors is satisfied with correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the Board of Supervisors on the report and on all protests or objections thereto shall be final and conclusive.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.13. COLLECTION OF ASSESSMENT.

Upon confirmation of the report by the Board of Supervisors, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.

The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.14. CONTINUING APPROPRIATION ACCOUNT.

There is hereby created in the general fund a continuing appropriation account entitled "Payment of Property Owners' Delinquencies for Refuse Collection Service." This account shall be credited with such sums as may be appropriated by the Board of Supervisors, delinquencies collected by the Director of Public Health, assessments collected by the Tax Collector, and sums received in consideration of release of liens. Expenditures from said sums shall be made to Collectors for Owner delinquent accounts. In the event that the unexpended balance in said account shall exceed $160,000, such excess shall be transferred to the unappropriated balance of the general fund.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.15. MANNER OF GIVING NOTICES.

Any notice required to be given hereunder by the City, the Director or any Collector to an Owner shall be sufficiently given or served upon the Owner for all purposes hereunder if personally served upon the Owner or if deposited, postage prepaid, in a post office letter box addressed to the "Owner" at the official address of the Owner maintained by the Tax Collector of the City for the mailing of tax bills or, if no such address is available, to the Owner at the address of the dwelling.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.16. PENALTY.

Notwithstanding the provisions of Section 291.3 of this Article, any person who shall violate any of the provisions of Sections 291.1 or 291.2 of this Article shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $10 nor more than $50; and for a second and each additional offense by a fine of not less than $20 nor more than $100.

If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the County Jail not exceeding one year or a fine not exceeding $1,000. The compliant charging such violation shall specify whether the violation is a misdemeanor of infraction, which decision shall be solely that of the District Attorney.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 291.17. SEVERABILITY.

If any part or provision of Sections 291 through 291.16 or application thereof, to any person or circumstance is held invalid, the remainder of the Section, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of the Sections are severable.

(Added by Ord. 47-83, App. 2/4/83)

SEC. 292. CHARACTER OF VEHICLES FOR REFUSE REMOVAL.

All vehicles used by refuse collectors licensed by the Director of Public Health pursuant to that certain Ordinance No. 17.083, approved by the electors at the general election held on November 8, 1932, as amended, for the purpose of collecting, disposing of, or transporting through the streets of the City and County of San Francisco, any "refuse," as defined by Section 1 of said ordinance, shall be lined with zinc, sheet iron, or other metallic substance and shall be constructed so as to prevent any liquid refuse substance from escaping from such vehicles. The total outside width of such vehicles, or the loads thereon, may exceed the width limitation prescribed by Section 35100 of the Vehicle Code of the State of California; provided, however, that in no event shall the width of such vehicles exceed 107 inches, nor shall the width of any load thereon exceed 115 inches. Such vehicles shall also be provided with canvas covers, which shall be kept in a reasonably clean condition, and which shall at all times when said vehicles are passing along or standing upon any street or alley of this City (except when the owner or person having such vehicle in charge is in the act of securing a load of refuse to be emptied into said vehicle) be kept on such vehicles in such manner that the covers shall extend well down the sides and ends of the vehicles, and be securely fastened at the corners, sides and ends of the vehicles; provided, however, that when the vehicles are empty of refuse and are reasonably clean and free from noisome odors, the covers need not be kept on the vehicles in the manner above prescribed.

Vehicles used for the transportation of swill shall be so constructed that the same shall be watertight, and that no leakage can escape from such vehicles, and such vehicles shall be provided with a hinged metal or wood cover which can be tightly closed. All vehicles for the transportation of swill or garbage of any character shall be subject to the approval of the Director of Public Health before licenses for their operation are issued.

(Amended by Ord. 257-61, App. 9/14/61)

SEC. 293. DEFINITIONS APPLICABLE TO SECTIONS 293– 293.4.

(a) "Recyclable materials" shall mean materials segregated from refuse by the producer or user of such materials and placed for collection for subsequent reuse or use as raw materials for new products. Recyclable materials shall consist only of the materials designated by the Chief Administrative Officer for collection pursuant to the City's curbside recycling program.

(b) "Placed for collection" shall mean the deposit of recyclable materials by the producer or user of such materials on public street or sidewalk areas for collection and removal for recycling purposes.

(c) "Person" shall mean any living human being, firm, partnership, association, corporation, company, organization, or government entity.

(Added by Ord. 106-90, App. 3/23/90)

SEC. 293.1. VIOLATIONS.

It shall be unlawful for any person other than an authorized City employee or the City's authorized curbside recycling program collectors to take, remove, move or otherwise appropriate the container in which recyclable materials are placed for collection and the matters contained therein. The City and its duly authorized collectors shall have the exclusive right to collect recyclable materials placed for collection in public sidewalk and street areas.

(Added by Ord. 106-90, App. 3/23/90)

SEC. 293.2. PENALTY.

Any person who shall violate any of the provisions of Section 293.1 of this Article shall be guilty of an infraction or a misdemeanor. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not less than $20 nor more than $250; and for a second and each additional offense by a fine of not less than $100 nor more than $250. If charged as a misdemeanor, upon conviction thereof, said person shall be punished by imprisonment in the county jail not exceeding six months or a fine not exceeding $500, or both.

(Added by Ord. 106-90, App. 3/23/90)

SEC. 293.3. ENFORCEMENT.

In addition to any peace officer, the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of Sections 293 to 293.2:

Classification Number	Class Title
6120	Environmental Health Inspector
6122	Senior Environmental Health Inspector
6124	Principal Environmental Health Inspector
6126	Director, Bureau of Environmental Health
6127	Assistant Director, Bureau of Environmental Health
8280	Environmental Control Officer

 

(Added by Ord. 106-90, App. 3/23/90)

SEC. 293.4. APPLICATION.

The provisions of Sections 293 to 293.3 of this code prohibit the collection of recyclable materials from public sidewalk and street areas by any person other than authorized City employees or the City's authorized curbside recycling program collectors. The provisions of Sections 293 to 293.3 do not limit or otherwise affect the disposal of refuse having commercial value by its producer in any lawful manner he or she may choose or the recycling of collected refuse by licensed refuse collectors.

(Added by Ord. 106-90, App. 3/23/90)

SEC. 294. SOLID WASTE TRANSFER STATION– PERMIT REQUIRED.

It shall be unlawful for any person, firm or corporation to operate a Solid Waste Transfer Station within the City and County of San Francisco without a permit issued and signed by the Director of Public Health. A Solid Waste Transfer Station is any facility defined as a transfer or processing station under Section 40200 of the California Public Resources Code, which definition is incorporated by reference as if fully set forth herein.

(Added by Ord. 206-93, App. 6/25/93)

SEC. 297. USE OF MANURE WAGONS.

It shall be unlawful for any person, firm or corporation to transport or carry manure or stable refuse in any vehicle without a permit from the Director of Public Health certifying its approval of the construction of such vehicle, and specifying the manner in which such vehicle may be used.

It shall be unlawful for any person to load manure or stable refuse upon any vehicle elsewhere than within the premises from which the same is to be removed, or to transport manure or stable refuse through the public streets in such manner as to permit the same to fall upon any street; or to unload or deposit manure or stable refuse from any vehicle anywhere within the City and County, without a permit from the Director of Public Health.

All manure or stable refuse must be removed from the stable at least semi-weekly, and at all times shall such stable or other place, and every part and appurtenance thereof, be kept in a clean and sanitary condition.

SEC. 307. REMOVAL OF WASTE FROM WHOLESALE VEGETABLE MARKETS.

The rubbish, garbage and waste from all wholesale vegetable markets and from the sidewalks and streets in front of said wholesale vegetable markets must be removed daily, between the hours of 5:00 p.m. and 9:00 a.m.

Cross references: Refuse collection and disposal ordinance, see Sec. 290

SEC. 308. SALE ON SIDEWALK OR FROM STANDING VEHICLES PROHIBITED.

It shall be unlawful for any person, firm, or corporation, engaged in the sale or barter of vegetables, to use any sidewalk in the City and County of San Francisco for the purpose of selling, storing, dealing in or bartering said vegetables, and it shall be unlawful for any such person, firm or corporation to keep or permit any vehicle standing alongside of said sidewalk, for the purpose of selling, storing, bartering or dealing in vegetables, or for the purpose of carrying on the business of selling, bartering or dealing in vegetables, and it shall be unlawful for any such person, firm or corporation to deal in, sell or barter any vegetables from any standing vehicle while in said street.

Nothing in this Section, however, shall be interpreted to prevent a person owning or renting a store or stall for the purpose of dealing in, selling or bartering vegetables, from using the sidewalk in front of the said store or stall for the purpose of transporting said vegetables from the said store or stall to any vehicle or from any vehicle to the said store or stall, or from storing the same on the sidewalk for the purpose of such transportation or from keeping any vehicle standing in front of the said store or stall for the purpose of said transportation.

SEC. 313. ROUTES OF GARBAGE COLLECTORS– COLLECTION PERMITS.*

It shall be unlawful for any person, firm or corporation (whether such person, firm or corporation is licensed to collect refuse or not, as provided in Sections 4 and 8 of that certain ordinance "No. 17.083, approved by the electors at the general election held on November 8, 1932, providing for the collection and disposition of refuse in the City and County of San Francisco; providing for the licensing of refuse collectors by the Director of Public Health; fixing the maximum rates or charges for the collection of refuse by licensed refuse collectors, from homes, apartment houses, stores, etc.; dividing the City and County of San Francisco into collection routes; providing for penalties for the violation of the provisions of said ordinance") to collect any refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment in the City and County of San Francisco or on any of the garbage routes into which said City and County, is divided (under and by virtue of the provisions of Section 4 of the aforesaid ordinance, approved by the electors at the general election held on November 8, 1932) without first having obtained from the Director of Public Health a permit so to do in the manner and on the terms and conditions specified in Section 4 of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932.

Any permit applied for by any person, firm or corporation and issued by the Director of Public Health under the provisions of the aforesaid ordinance approved by the electors at the general election held on November 8, 1932, shall be for a certain route or certain routes as said route or routes are defined, designated and delineated by Section 4 of said ordinance approved by the electors at the general election held on November 8, 1932, and shall constitute permission to collect refuse only on the route or routes designated in said permit.

It shall be unlawful for any person, firm or corporation holding a permit from the Director of Public Health (under the provisions of Section 4 of the aforesaid ordinance adopted by the electors at the general election on November 8, 1932) to collect garbage or to attempt to collect refuse from any dwelling place, household, apartment house, store, office building, restaurant, hotel, institution or commercial establishment, situated on any other route or routes than the route or routes for which such permit is issued.

The term "refuse" as used in this Section shall be taken to mean all waste and discarded materials as defined by Section 1 of the aforesaid ordinance adopted by the electors at the general election held November 8, 1932.

Cross references: Refuse collection and disposal ordinance, see Sec. 290