For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:
A. “Account” means any property owner or occupant of any dwelling unit, dwelling, building, premises, lot or parcel designated for city refuse collection and/or recycling services by the director of public works.
B. “Apartment” means each dwelling unit in a multiple family dwelling containing three (3) or more dwelling units. Three (3) or more dwelling units constructed as separate buildings but located on a common lot or parcel shall be considered as apartments for the purpose of this chapter.
C. “Automated collection” means refuse collection service using a refuse receptacle
(cart) which requires limited or no manual moving and no manual lifting by city personnel.
D. “Building construction refuse” means waste material resulting from the construction, remodeling, repair and demolition operations on houses, commercial buildings, other structures, and any surrounding grounds.
E. “Cart” means a refuse receptacle of one hundred one (101) gallons or less provided by the city for the automated or semiautomated collection of refuse.
F. “City” means the city of Long Beach.
G. “Commercial bin(s)” means refuse receptacles with a capacity greater than one hundred one (101) gallons that require minimal manual moving but no manual lifting, including the two (2) cubic yard bins currently specified for use by the Director of Public Works.
H. “Commercial service” means refuse collection services provided by City crews for nonresidential or mixed use accounts.
I. “Daily charge” means the daily cost to each classification of dwelling unit or commercial unit as prescribed by the rate schedule applicable to that service.
J. “Director of Public Works” means the Director or such other person designated by the City Manager to direct refuse and recycling operations or their designee.
K. “Duplex” means any dwelling containing only two dwelling units. Two dwelling units constructed as separate buildings located on a common lot or parcel shall be considered as duplex units for the purpose of this Chapter.
L. “Dwelling” means any building, including one-family, two-family, and multiple-family dwellings, designed or used for residential occupancy by one or more persons.
M. “Dwelling unit” means one or more rooms designed as a unit of occupancy as separate living quarters. No single dwelling unit may contain more than one kitchen. Any self-contained area with more than one room, an independent exterior exit, combined with a bathtub or shower and a sink shall also be considered a dwelling unit.
N. “Improved alley” means a public or private way that is twenty feet or less in width which is paved and which the Director of Public Works has determined may be safely negotiated by refuse/recycling collection vehicles.
O. “Incidental refuse” means up to one cubic foot of refuse which is deposited at a location other than the business, residence or premises where generated.
P. “Litter receptacle” means any receptacle serviced by the City that is placed on public property for incidental refuse or refuse generated as part of the routine use of public facilities.
Q. “Manual collection” means refuse collection service using a refuse receptacle which requires manual moving and manual lifting by City personnel.
R. “Mixed use” means a building, structure or premises occupied by or used by two or more principal types of use, including but not limited to residential and commercial uses.
S. “Offal” means dead animals, parts of animals, animal byproducts and cooking grease.
T. “Receptacle” means any container approved by the Director of Public Works for removing and conveying refuse or recyclable materials.
U. “Recyclables” means materials designated by the Director of Public Works for source separation, collection and recycling pursuant to the California Integrated Waste Management Act of 1989 (AB 939).
V. “Recycling bins” means any receptacle(s) provided by the City or an authorized agent for the source separation and collection of recyclable materials which are designated by the Director of Public Works.
W. “Recycling service” means the collection, processing and marketing of materials designated by the City or its agent from accounts designated by the Director of Public Works.
X. “Refuse” means all noninfectious and nonhazardous material accumulating or resulting from the use, pre-occupancy or occupancy of buildings, premises, dwellings, lots or parcels.
Y. “Refuse not collected by the City” includes material not compatible with the City’s Southeast Resource Recovery Facility (SERRF) operation and/or materials designated by the Director of Public Works. This includes but is not limited to: infectious waste, hazardous waste, noncombustible construction/demolition debris, large metal items, lead acid batteries, other noncombustible materials, materials from industrial and manufacturing processes, food processing wastes or large quantities of condemned food products, explosives, liquids, offal and any substances such that exposure to them may pose a threat to human health or the environment.
Z. “Roll-out service” means the movement by City personnel or its agent of any refuse or recycling receptacle which is not immediately adjacent to public streets or alleys.
AA. “Semi-automated collection” means refuse collection service using a cart which requires minimal manual moving but no manual lifting by City personnel.
BB. “Single-family dwelling” means any dwelling containing only one dwelling unit located on a single lot or parcel.
CC. “Source separation” means segregation and placement in separate recycling containers or marked bags, by the generator, of materials designated for separate or integrated collection for recycling.
DD. “Street sweeping debris” means material collected by City street sweeping vehicles.
EE. “Unimproved alley” means any public or private way which is twenty feet or less in width and is not paved or which the Director of Public Works has determined cannot be safely negotiated by refuse or recycling collection vehicles.
FF. “Use” means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Use also means the activity conducted on the land or in the building.
GG. “Waste” means nonhazardous, noninfectious materials generated from the occupancy or pre-occupancy of a dwelling, commercial building lot or parcel including but not limited to organic and inert solid, semi-solid and liquid waste.
HH. “Sufficient capacity” means able to contain all the refuse and recyclables in a manner which prevents such material from dropping on the ground, being blown from the container, or otherwise causing a nuisance. (Ord. C-7601 § 23, 1999; Ord. C-7330 § 1, 1995: Ord. C-7057 § 1, 1992: C-5595 § 1 (part), 1980: prior code § 5220).

A. All property owners or occupants utilizing receptacles shall have the number of receptacles or bins with sufficient capacity necessary to contain their refuse and recyclables in compliance with City ordinances and the Health and Safety Code.
B. It shall be the duty of every account to provide, maintain and use receptacles for refuse and recycling collection service in accordance with the type, quantity and conditions set forth in Sections 8.60.020 through 8.60.070 in the manner provided by this Chapter. The terms of Sections 8.60.020 through 8.60.070 shall not apply to any tenant occupying any real estate in the City, the owner of which provides and maintains, as prescribed in this Chapter, receptacles for holding refuse, or who provides and maintains, in accordance with the terms of this Chapter, a refuse/recycling collection service with a solid waste enterprise licensed and permitted to remove or convey waste within the City.
C. Property owners or occupants utilizing plastic trash bags in accordance with Subsection 8.60.025.D shall store such bags, when in use and when filled, in a sanitary manner so as to minimize odor and vector problems.
D. City-serviced accounts will be advised in writing by the Director of Public Works to increase their levels of service by obtaining additional receptacles or arranging for more frequent collection. If the Director of Public Works determines that overflowing or otherwise non-contained refuse continues to create a nuisance or a threat to public health or safety after written notification to the account, or to the property owner and occupant, the Director shall either provide sufficient containers and collection and bill the account in accord with the schedule of fees adopted by the City Council, or refer the matter to the appropriate City department for further action.
E. City-serviced accounts designated by the Director of Public Works for automated or semi-automated collection and recycling services shall only use refuse carts and recycling bins obtained from the City. Carts and recycling bins shall be provided and repaired or replaced by the City. Carts, recycling bins and their components so furnished shall remain the property of the City.
F. Account holders as shown in the City’s utility billing records shall have the option of requesting additional carts or recycling bins or exchanging the carts for a different size based on available City inventory. Carts shall not be exchanged more than once every six months. Exchange fees shall be established in accordance with Section 8.60.190.
G. Each refuse transportation permit holder shall be responsible to comply with each requirement set forth in Subsections 8.60.020.A through 8.60.020.C of this Section for each account or property it services within the City. Failure to comply with these requirements shall be a violation of the terms and conditions of the refuse transportation permit as set forth in Section 8.60.088. (Ord. C-7601 § 2, 1999: Ord. C-7057 § 2, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(a)).

All refuse and recycling receptacles utilized within the City for removing and conveying waste shall be acceptable to the Director of Public Works and shall conform to the following specifications:
A. City-serviced accounts designated by the Director of Public Works for automated or semi-automated collection and/or recycling services shall:
1. Only use carts and recycling bins provided by the City or its agent;
2. Fill each cart so that its weight when loaded does not exceed two hundred fifty pounds and so that the lid is fully closed when placed for collection.
B. City-serviced accounts designated by the Director of Public Works for commercial service shall:
1. Utilize carts provided by the City or provide, utilize and maintain commercial bins that meet specifications set by the Director of Public Works. For the purposes of this Chapter, the volume of a standard two cubic yard commercial bin shall be equal to five one-hundred gallon carts;
2. Utilize structurally sound, watertight receptacles;
3. Have four operative wheels that allow for a one-person movement of the receptacle when loaded;
4. Have sufficient drainage or a plug utilized for drainage;
5. Utilize a plastic lid that prevents contents from escaping if placed in service after January 1, 1993;
6. Plainly and visibly display the service location address on each commercial receptacle. Characters shall be at least four inches high;
7. Plainly and visibly display signage banning the illegal disposal of hazardous, infectious and liquid waste;
8. Utilize containers that weigh not more than one thousand two hundred fifty pounds when loaded;
9. Stow refuse in a manner that will prevent refuse escaping therefrom;
10. Stow refuse in a manner that rain will not increase a receptacle’s weight beyond capacity;
11. Clean the inside and outside of receptacles as necessary to maintain sanitary conditions and keep receptacles free of graffiti.
C. City-serviced accounts designated by the Director of Public Works for manual collection shall:
1. Utilize receptacles made of waterproof material, the interior of which shall be smooth with no projections;
2. Have a diameter not less than eighteen inches nor greater than twenty-four inches, the top diameter of which shall in no case be less than any diameter below the top with nothing attached to the exterior other than acceptable handles;
3. Utilize a removable waterproof cover or lid to prevent rain from increasing a receptacle’s loaded weight beyond capacity;
4. Stow refuse in a manner that prevents contents escaping therefrom;
5. Utilize receptacles that have a capacity not less than thirty nor more than fifty gallons, weighing not more than twenty pounds when empty nor more than sixty pounds when loaded.
D. Heavy-duty double-strength plastic bags are acceptable with the following restrictions:
1. Bags shall be securely tied;
2. Bags shall not contain sharp objects such as branches, sticks, glass, etc., which may cause the bag to puncture or cause injury to collection personnel;
3. Bags shall not contain refuse weighing more than twenty-five pounds;
4. Property owners or occupants with manual collection are required to utilize a minimum of one standard refuse receptacle per account specified under Subsection 8.60.025.C of this Section to hold refuse not acceptable in plastic bags;
5. Property owners or occupants shall be responsible for the condition of all plastic bags used and the materials contained therein until the bag(s) and contents have been conveyed by the City or private refuse crews;
6. Property owners or occupants with automated/semi-automated and commercial bin collection service shall place all plastic bags inside the cart(s) or commercial bin(s).
E. All waste receptacles must have watertight lids to prevent the breeding of vectors and to contain debris and litter. Such lid shall remain closed and fit tightly over the receptacle at all times and shall be easily and quickly opened but the same shall not be opened except when necessary to place refuse in such receptacle or to remove refuse therefrom.
F. Receptacles that do not comply with the specifications and requirements as stipulated in the above Subsections shall be noticed and will be considered as refuse and removed as refuse if they do not comply by the next regular collection day. Receptacles and their contents so removed shall be subject to special service fees pursuant to Section 8.60.190.
G. Solid waste enterprises, recyclers and any contractor collecting, removing or conveying waste shall comply with the requirements of Subsections 8.60.025.A through 8.60.025.E according to the type of service they provide. In addition to these requirements and those set forth in Section 8.60.087, solid waste enterprises, recyclers and any contractor collecting, removing or conveying waste shall:
1. Plainly and visibly display the name and operational phone number of the business providing service on all receptacles. Characters are to be at least four inches high;
2. Plainly and visibly display signage banning the stowing of hazardous, infectious and liquid waste on the receptacle(s);
3. Keep waste receptacles graffiti-free at all times;
4. Utilize receptacles approved by the Director of Public Works. (Ord. C-7601 § 3, 1999: Ord. C-7330 § 2, 1995; Ord. C-7057 § 3, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(b)).

A. Property owners or occupants provided with refuse and/or recycling receptacles by the City shall:
1. Not paint, mark or deface the receptacles in any way;
2. Report damaged, lost or stolen receptacles to the Department of Public Works within seventy-two hours of notice of occurrence;
3. Be charged for the repair or replacement of receptacles if damaged, lost or stolen because of property owner or occupant negligence. A replacement fee will be charged to the account according to Section 8.60.190;
4. Clean the inside and outside of the receptacle(s) as necessary to maintain sanitary conditions and keep receptacle(s) free from graffiti;
5. Mark the street address of the account serviced on all receptacles supplied by the City within the space provided. (Ord. C-7601 § 4, 1999: Ord. C-7057 § 20, 1992).

A. Property owners or occupants with automated or semi-automated and commercial collection service shall place all tree limbs, shrubs, trimmings, grass clippings and other items of a similar nature inside the receptacle in such a manner that items do not protrude from the receptacle.
B. Property owners or occupants in areas designated by the Director of Public Works for manual collection shall tie all tree limbs, shrubs, trimmings and other green waste of a similar nature in compact bundles for disposal. Such bundles shall not exceed four feet in length nor forty pounds in weight and need not be placed in a container. (Ord. C-7601 § 5, 1999: Ord. C-7057 § 4, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(c)).

A. Material likely to become airborne upon disposal shall be securely wrapped. This includes, but is not limited to: ashes or dust from vacuum cleaners, barbecues, fireplaces, litter boxes, sawdust and garbage.
B. Accounts requiring special pickup service for bulky items which require special handling such as tires, large appliances and furniture shall contact the Department of Public Works refuse collection service to arrange for pickup prior to placing such items out for collection. Charges for such service shall be implemented and collectable pursuant to Sections 8.60.190 and 8.60.200 of this Municipal Code.
C. No material other than Municipal solid waste shall be placed in any refuse receptacle within the City. The Director of Public Works is authorized to place additional limits on types and quantities of waste which may be placed in City-serviced refuse receptacles when the Director determines that such a restriction is necessary to protect the health and safety of City employees or the general public, or to comply with State or Federal laws or regulations.
D. Refuse not collected by the City shall be removed, conveyed and properly disposed of at a properly licensed disposal site by a solid waste enterprise licensed and permitted to remove or convey such materials in the City, pursuant to all applicable laws and regulations and the provisions of this Chapter. (Ord. C-7601 § 6, 1999: Ord. C-7057 § 5, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(d)).

Property owners or occupants with automated or semi-automated and commercial collection shall place all refuse in the carts provided by the City or commercial bins approved by the Director of Public Works. Each refuse and recycling receptacle shall be placed for collection in the following manner unless directed otherwise by the Director of Public Works:
A. For automated collection, where there is no alley or unimproved alley, carts shall be placed in front of the premises where generated, in the gutter with wheels against the curb and the arrow on the receptacle lid facing into the street.
B. For semi-automated collection, where there is an improved alley designated for alley collection, carts shall be placed for collection on a hard, level surface, on the premises where generated, immediately adjacent to the alley.
C. For manual collection (with approved receptacles as provided in Sections 8.60.030 through 8.60.050):
1. Where there is no alley or unimproved alley, receptacles and bundles shall be placed on the curb or parkway in front of the premises where generated;
2. Where there is an improved alley that is designated for alley collection, receptacles and bundles shall be placed for collection on the premises where generated, immediately adjacent to the alley.
D. The following additional requirements shall apply to commercial refuse service:
1. Commercial and business enterprises, offices, office buildings, government facilities, churches, schools, or dwellings with over four dwelling units that have a storage area meeting Building Code requirements may use a commercial bin for refuse collection service;
2. Accounts using a commercial bin for City refuse collection service shall place the bin immediately adjacent to the improved alley or at the curb in front of the premises accessible to City crews as approved by the Director of Public Works and in compliance with Section 8.60.070;
3. Commercial bins placed in an improved alley shall be placed on a hard level surface;
4. Commercial bins placed at the curb or parkway shall be placed in the gutter with the spindles (lifting arms) against the curb;
5. Carts shall be used in lieu of commercial bins where designated by the Director of Public Works;
6. Persons utilizing City commercial refuse service shall place for collection only the total number of bins and/or carts previously established for the account;
7. The City shall retain the right to place a sticker on all commercial bins and carts used for City collection to show authorized day(s) of service and container capacity.
E. Residential recycling program service:
1. Recycling bins shall be placed for collection in the same location and on the same dates and times as for refuse receptacles, unless otherwise specified by the Director of Public Works.
2. Recyclable materials shall be stored in recycling bins in such a manner as to minimize vector control problems.
F. Carts, commercial bins, and manual refuse receptacles shall not have any obstructions in front or within two feet of sides and top of receptacles. Two feet of space shall be maintained between carts. Recycling containers shall be placed together at least two feet from all carts and bins.
G. The Director of Public Works or designee may specify other locations for the placement of receptacles where such placement will expedite collection or enhance the safety of collection operation, or benefit the public health and safety. (Ord. C-7601 § 7, 1999: Ord. C-7057 § 6, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(e)).

Each receptacle or bundle shall be placed for collection not earlier than the evening preceding, nor later than six a.m. on the day of regular collection. Receptacles placed at the curb shall be removed within twelve hours after the refuse has been collected. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.1(f)).

A. Any person who intends to remove or convey any nonhazardous, noninfectious refuse for hire within the City shall first apply for and receive a permit in writing from the Director of Public Works in accordance with the applicable provisions of this Chapter 8.60.
B. There shall be two classes of refuse transportation permits:
1. Recycling Permit: For the removing or conveying of nonhazardous, noninfectious source separated materials, with less than ten percent nonrecyclable waste, as a part of the recovery/ recycling process; and
2. General permit: For the removing or conveying of all other nonhazardous, noninfectious solid waste not subject to either of the first two (2) classes of permits.
C. The provisions of this section shall not apply to:
1. Any person employed by the city; and
2. Persons performing work requiring a permit pursuant to this chapter, under contract to provide service for a program funded from the general fund of the city, which persons shall be exempt from any fee otherwise required pursuant to section 8.60.082 but shall otherwise comply with all requirements applicable to refuse transportation. A written exemption shall be requested and received in advance from the director of public works. (Ord. C-7330 § 3, 1995; Ord. C-7223 § 1, 1994: Ord. C-6975 §§ 1, 2, 1992; Ord. C-6922 § 1, 1991: Ord. C-5595 § 1 (part), 1980: prior code § 5220.2).

The applicant for a refuse transportation permit shall provide, at the time of application for the permit, and shall maintain throughout the term of the permit insurance as prescribed in regulations issued by the city manager pursuant to section 2.84.040. The permit shall not be effective until the city has received proof of such insurance. (Ord. C-7934 § 15, 2004: Ord. C-7601 § 8, 1999: Ord. C-6975 § 6, 1992).

A. An application for a refuse transportation permit shall be submitted to the director of public works or designee on a form to be furnished by the department of public works and shall be accompanied by a nonrefundable application fee as determined by the city council. The applicant shall furnish all information reasonably required by the director to enable the director to act on the application which information may include, but need not be limited to:
1. The name, address and telephone number of the applicant, including all names of the business entities involved;
2. The names, addresses and telephone numbers of all of applicant’s subcontractors operating under the permit, if any;
3. The number of vehicles and corresponding vehicle registration and license plate numbers for all vehicles to be operated by the applicant within the city;
4. A copy of the applicant’s business license and all other applicable licenses or permits;
5. Proof of insurance furnished or to be furnished pursuant to section 8.60.081;
6. Such other information as may be reasonably required by the city.
B. The application shall be reviewed and processed in accordance with procedures established from time to time by the director of public works. A permit may be denied for failure to comply with any of the provisions of this chapter.
C. The city council may establish an annual refuse transportation fee by resolution in an amount sufficient to reimburse the city for the actual costs of administering the refuse transportation permit program. (Ord. C-7601 § 9, 1999: Ord. C-7057 § 7, 1992: Ord. C-6975 § 3, 1992; Ord. C-6922 § 3, 1991).

A. After determining that an applicant for a refuse transportation permit is fully compliant with the provisions of this chapter and all other applicable provisions of law, the director of public works shall issue the appropriate refuse transportation permit. Such permit may contain additional administrative provisions as deemed necessary by the director of public works to carry out his duties under this chapter.
B. The initial permit so issued shall expire at twelve o’clock (12:00) midnight of June 30 next following initial issuance.
C. Thereafter, the term of the permit shall be for one year, provided that the director shall grant annual renewal if the permittee demonstrates that it is in full compliance with all applicable laws and regulations, including, but not limited to, the provisions of this chapter. (Ord. C-7601 § 10, 1999: Ord. C-6922 § 4, 1991).

A. The director of public works shall issue a permit and a decal or decals to each permittee.
B. A legible copy of the refuse transportation permit, along with a legible copy of the business license, and all other applicable permits and licenses, shall be kept in each vehicle of the permittee and be made available for inspection immediately upon request by any authorized representative of the city.
C. Every person using a vehicle to remove or convey waste shall display a decal in a manner so as to be plainly visible and permanently affixed in the lower right hand corner (passenger side) of the front windshield of each vehicle operated within the city by the permittee.
D. Each permittee shall place and maintain on each vehicle and receptacle used for collecting or transporting refuse or recyclables the permittee’s name and operational phone number. Such information shall be plainly visible using lettering not less than four inches (4”) in height. (Ord. C-7601 § 24, 1999).

A. Monthly reporting. Every holder of any class of refuse transportation permit shall maintain a written record and make a monthly report to the director of public works of refuse and recyclables purchased, received or collected. The report and applicable fees shall be delivered to the city no later than ninety (90) days after the first of the month for which collection service was provided, and shall contain all information reasonably required by the director of public works to determine compliance with the municipal code and with the integrated waste management act of 1989 (commonly known as “A.B. 939”) as it may be amended from time to time and to verify the permittee’s calculation of fees owed by permittee.
B. Annual recycling report. Every holder of any class of refuse transportation permit shall, not later than the first business day of April, submit an annual report for the previous calendar year. The city council may establish a schedule of fees to be submitted with such reports, based on rates of waste diversion, by resolution.
C. The director of public works or designee may audit, during normal business hours of the permittee being audited, any and all records of a permittee reasonably necessary to enable the director to determine the accuracy of the reports furnished pursuant to subsection 8.60.086.A or 8.60.086.B of this section and compliance with this chapter. (Ord. C-7601 § 11, 1999: Ord. C-6922 § 5, 1991).

A. Each permittee shall:
1. Provide waste receptacles or bins of sufficient capacity and quantity so as to contain all refuse generated by an account;
2. Be responsible for the collection and disposal of overflow refuse around receptacles. Following the collection of refuse or the emptying of waste receptacles, the area where the refuse was placed for collection shall be left free of refuse, litter, liquid waste and other debris;
3. Provide bulky item collection service for each account. The permittee is responsible for the removal and proper disposal of all bulky items placed for collection for each account it services. The permittees shall remove such items within forty-eight hours of servicing an account or receiving a request for collection from the account or from the City. Each permittee shall maintain a log of such requests for bulky item collection and make such log available for inspection by the Director of Public Works;
4. Comply with monthly and annual reporting requirements as established by the Director of Public Works;
5. Provide a recycling program as set forth in Section 8.60.087.5;
6. Pay a Community Clean-up Deposit, as established by the City Council by resolution, for the cleanup of abandoned or dumped waste.
B. The failure of any permittee to comply with the requirements of Subsections 8.60.087.A.1 through 8.60.087.A.3 shall subject the permittee to a service charge equivalent to the City’s costs of providing such services, including all administrative costs, as determined by the City Council by resolution. The failure of any permittee to comply with any requirement of Subsection 8.60.087.A may also result in the suspension or revocation of the refuse transportation permit.
C. All permittees providing solid waste collection services shall comply with the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) as it may be amended from time to time.
D. Nothing in this Section shall excuse compliance with any other Municipal Code section nor any other applicable law or regulation. (Ord. C-7601 § 12, 1999: Ord. C-7057 § 8, 1992: Ord. C-6975 § 4, 1992; Ord. C-6922 § 6, 1991).

Each permittee shall implement a recycling program approved by the Director of Public Works. The City Council shall establish, by resolution, a graduated schedule of recycling incentive fees to be paid by each permittee, according to the level of waste diversion achieved. (Ord. C-7601 § 25, 1999).

No person shall remove or convey any refuse for hire within the City after a permit for such activity has been revoked or during the time such a permit has been suspended. Grounds for suspension or revocation of a permit shall include, but are not limited to, the following:
A. Failure to comply with any of the provisions of this Chapter.
B. Failure to pay in a timely manner any fees imposed by the City.
C. Failure to accurately report under, or comply with any lawful order issued pursuant to Section 41821 of the California Public Resources Code.
D. Intentional misstatement of tonnage and origins of refuse collected or transported.
E. Conviction of any violation of any State or Federal law in any way related to the collection, transportation, or disposal of any waste. (Ord. C-7601 § 13, 1999: Ord. C-7330 § 4, 1995: Ord. C-6922 § 7, 1991).

A. Failure to acquire and maintain a valid permit shall constitute default and provide the City cause to initiate default proceedings as described in this Section.
B. The City shall notify any person failing to comply with all requirements of this Chapter, in writing, of any default or violation, and shall specify in the notice the date and time by which operations must cease. If the person or permittee fails or refuses to comply, the City shall have the right to remove the bin or box or other refuse receptacle or hauling vehicle without further notice. The person or permittee shall reimburse the City for any expense incurred by the City in removing the receptacle or hauling vehicle, including but not limited to costs of removal and storage. After thirty days the City shall sell, recycle or otherwise dispose of property as stipulated in Section 14.06.140 of this Code. Should the permittee or person continue to operate after permit termination or notification and should the City file suit to restrain the operation, the permittee or person shall reimburse the City for its reasonable costs and expenses in connection therewith, including reasonable attorney’s fees.
C. Each subsequent incident of violation described in Subsection 8.60.089.A shall be subject to an administrative fee of one thousand dollars in addition to any other costs set forth in Subsection 8.60.089.B when removing or conveying waste within the City or when reported dumping waste from within the City to any disposal site. (Ord. C-7601 § 14, 1999: Ord. C-7330 § 5, 1995: Ord. C-6975 § 5, 1992; Ord. C-6922 § 8, 1991).

The suspension or revocation of a permit shall be governed by the provisions of Section 5.06.020. (Ord. C-7601 § 15, 1999: Ord. C-6922 § 2, 1991: Ord. C-5595 § 1 (part), 1980: prior code § 5220.3).

A. Upon sale and purchase of a permitted entity, including the obtaining of a majority ownership of corporate stock, a refuse transportation permit shall be transferable with the written consent of the Director of Public Works. The Director of Public Works shall not unreasonably withhold consent to the transfer of a refuse transportation permit where the applicant demonstrates that the transfer is in full compliance with the provisions of this Chapter and other laws, ordinances, rules or regulations generally applicable to private waste collectors authorized to operate within the City and the transferee complies with all provisions of this Chapter required of an applicant for a new permit. An application for the transfer of a refuse transportation permit shall be submitted in accordance with the requirements of Subsections 8.60.082.A and 8.60.082.B. A nonrefundable fee for applying for the transfer of a refuse transportation permit shall be one thousand dollars, or such different amount as the City Council may, from time to time, establish by resolution to reimburse the City for the actual costs of processing the application and transferring the refuse transportation permit. A transferred permit shall expire at midnight of the June 30th next following the date of transfer, and shall thereafter be subject to annual renewal pursuant to Subsection 8.60.084.C for a period of one year at a time.
B. Any person or business entity requesting a transfer shall pay all so-called AB 939 fees including fines and penalties and report tonnage of all waste removed or conveyed since the adoption of the ordinance and/or resolutions on August 1991 governing the AB 939 program for both the transferred and the acquired company(ies). Failure to comply with this Section shall constitute grounds for suspension or revocation of an existing permit and/or denial of transfer. (Ord. C-7330 § 6, 1995).

A. The Director of Public Works shall not issue nor need applications be accepted for, more than forty general refuse transportation permits as provided in Subsection 8.60.080.B.2 in any calendar year.
B. If the number of such current and valid permits falls to or below thirty-five, the Director shall accept applications for the issuance of additional permits, which in no event shall cause the total number of outstanding permits to exceed forty. Should the number of qualified applications cause the number to exceed forty, then the Director shall determine the number of permits to be issued to qualified applicants by lot as determined by him/her to be appropriate. Each application submitted pursuant to this Section 8.60.093 shall be accompanied by a application fee of ten thousand dollars which is imposed to cover the costs to the City of so-called A 939 planning, determination of legal compliance and application processing. Except for a retained amount of one thousand dollars, the fee shall be returned to any applicants found ineligible for issuance of a permit.
C. Any junk collectors, junk dealers or any persons or party removing or conveying less than nine hundred tons of refuse annually and holding a valid permit to do so on June 30, 1995, may continue to do so, subject to annual renewal as required by law, regardless of the numerical limit established by Subsection 8.60.093.A. Any new permits for such services applied for on or after July 1, 1995, shall be subject to the limits.
D. The Director of Public Works shall, on or after January 1, 1997, and biennially thereafter, review the adequacy of the maximum number of refuse transportation permits provided in this Section in meeting Long Beach refuse disposal needs and shall report his/her findings to the City Council together with his/her recommendation, if any, for a change in that number. (Ord. C-7330 § 7, 1995).

A. Any person removing or conveying any refuse on any public street or other public place in the City shall utilize tight vessels, tanks, receptacles, or truck-mounted bodies, each of which shall be so covered as to prevent contents escaping therefrom. Such cover shall be of a type satisfactory to the Director of Public Works.
B. Vehicles used for the removal of refuse, manure and other potentially offensive substances shall be maintained in a clean and sanitary manner so as to minimize odor and vector problems. Such vehicles must be provided with metal lining or metal receptacles, must be strong and tight and must be kept covered except while such material is being deposited in or removed therefrom. No such vehicle shall be stored in a residential area. (Ord. C-7601 § 16, 1999: Ord. C-7057 § 9, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.4).

No receptacle shall be filled to exceed capacity. Receptacles exceeding capacity shall be noticed and not collected. If any refuse is dropped or spilled on the City right-of-way from trash picking, scavenging, overflowing containers, or animal scavenging, it shall be the responsibility of the property owner or occupant to clean up and properly dispose of the refuse. (Ord. C-7601 § 17, 1999: Ord. C-7057 § 10, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.5).

No person shall put, place, sweep, throw, brush or in any other manner deposit any refuse, litter, vegetation, or any other waste in or on any public right-of-way or any portion of the storm drain system, including but not limited to streets, gutters, sidewalks, parkways and alleys. This Section shall not be construed to prohibit the placing of any required rubbish containers upon any sidewalk, street, or alley in compliance with the provisions of the sections governing the collection of waste or rubbish. (Ord. C-7601 § 18, 1999: Ord. C-7330 § 8, 1995).

No person shall dispose of refuse of any kind, including but not limited to infectious waste, hazardous waste, construction or demolition debris, large items, materials from industrial and manufacturing processes, food processing wastes, explosives, liquids, offal and any substances such that exposure to them may pose a threat to human health or the environment, into the roll-off containers for street sweeping debris. (Ord. C-7601 § 19, 1999: Ord. C-7330 § 9, 1995).

A. No person shall transfer the financial liability for refuse disposal by depositing waste of any kind upon any public street, other public place or private parcel, lot, premises, litter receptacle or refuse receptacle thereon.
B. No person shall deposit waste of any kind in the receptacle of, or on the premises of a business, residence or lot, which was not generated on those premises without first obtaining a written permit from the property owner or occupant who is liable for the refuse collection fees. For those accounts serviced by City refuse collection crews, a written permit shall also be obtained from the Director of Public Works prior to depositing any waste on a lot or in the City-serviced receptacle of any business, residence or premises where the waste was not generated.
C. Litter receptacles are placed on public property for incidental litter and refuse generated while using public facilities. No person shall dispose of refuse, other than individual litter, that was not generated from the uses of that public facility by depositing it in litter receptacles.
D. Violation of this Section by the holder of any permit granted pursuant to the provisions of this Chapter shall be grounds for the revocation of such permit by the City. (Ord. C-7601 § 20, 1999: Ord. C-7057 § 11, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.6).

When any waste receptacle is placed upon any premises as provided in this Chapter, only the owner, or agent carrying a current license and permit with the City and all other applicable permits and licenses, or authorized employee or agent of the City shall move, remove or tamper with such receptacle, or remove any refuse or recyclable material from any such receptacle. (Ord. C-7601 § 21, 1999: Ord. C-7057 § 12, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.7).

A. The City shall provide for the collection and removal of refuse materials from all property in the City at regular intervals to be prescribed by the Director of Public Works. A charge is imposed upon every property owner or occupant of property in the City not expressly exempted therefrom in this Chapter for such classes of service. Unless exempted, the charge shall always apply if the property is receiving either water or gas service and pursuant to Section 8.60.240 a written exemption has not been requested and received in advance from the Director of Public Works.
B. The City shall provide for the collection, marketing and processing of recyclable materials stipulated in Sections 8.60.010 through 8.60.070 from all accounts designated by the Director of Public Works. A residential recycling program charge shall be imposed upon every property owner or occupant of each dwelling unit of a lot or parcel if the property is receiving City refuse service and the property is not expressly exempted therefrom in this Chapter.
C. Rates for refuse collection, recycling services, late fees and penalties shall be as established by the City Council by resolution.
D. Current rate information is available upon request from the office of the City Clerk, the Director of Public Works, the Commercial Services Bureau, or by mail addressed to the Commercial Services Bureau, P.O. Box 630, Long Beach, CA 90842-0001. (Ord. C-7057 § 13, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(a)).

A. Regular bills for service shall be rendered at intervals prescribed by the City. Insofar as it is practicable, accounts shall be scheduled at regular intervals for the preparation of regular bills, and accounts shall be scheduled as required for the preparation of opening, closing and special bills.
B. The customer’s bill shall be calculated on the basis of the number of days in the billing period times the daily charge in accordance with the rate schedule applicable to that service. (Ord. C-7057 § 14, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(b)).

Apartment hotels and other hostelries of a like nature which provide both apartments and transient room accommodations may be charged either on the basis of volume of refuse collected per week or on the basis of the number of apartment dwelling units, but in no event shall the charge be less than the daily unit charge set forth in the applicable refuse rate schedule. The charging method to be used in each specific instance shall be determined by the Director of Public Works. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(c)).

Refuse collection service charges established on volume shall be determined on the basis of average quantities collected. The Director of Public Works shall cause such quantities to be periodically reviewed, and upon the basis of his findings the daily charge shall be adjusted to maintain conformance with the volume of refuse being collected; excepting that the daily charge shall not be adjusted in relation to temporary variations of refuse due to seasonal factors where such variations from the average do not extend beyond a two-month period. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(e)).

A. The Director of Public Works may provide for the removal and disposal of refuse and/or recyclable materials from any place or premises at times in addition to or beyond the regular collection service schedule or in a manner different from routine collection practice and procedures. Any special service shall be established by the Director of Public Works. Charges for such special services, including cart repair, exchange and replacement, special refuse, rollout service and, additional unscheduled collection shall be established from time to time by the Director of Public Works.
B. The charge for a special service shall be billed for collection separately from the routine service charge collections by the manager of the Commercial Services Bureau to the property owner or firm who shall be liable to the City for payment.
C. Upon failure to pay any such special service fee when due, an action may be brought to collect the same, pursuant to Section 8.60.200 of the Municipal Code. (Ord. C-7057 § 15, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.8(f)).

All occupants of property, unless expressly excepted in this Chapter shall be liable for payment of refuse collection service, recycling service and special services as prescribed in Sections 8.60.140 and 8.60.190. Such charge shall be billed by inclusion with Municipal utility bills where practicable. In instances of property containing more than one dwelling unit or place of business, or both, which are served by single utility meters for both gas and water service, or in other instances where direct billing to occupants is not possible or practical, the service charges may be billed to the property owner, who may collect such charges from the occupants of the dwelling units or places of business located on the property of the owner. In the event the property owner fails to collect the service charges from any such occupant or remit same to the City, the property owner shall be liable to the City for payment of the charges. Refuse collection and recycling service charges shall be a debt owing to the City from the occupant of the premises receiving the service, or from the property owner if billed thereto. Upon failure to pay any such charges when the utility bill with which the charges are included is due, an action may be brought in a court of proper jurisdiction to collect the same and may become a lien upon the property. The property owner and/or occupant shall reimburse the City for its costs and expenses in connection therewith, including reasonable attorney’s fees. Refuse or recycling collection service may be discontinued or refused to any premises at which the customer has not paid the utility bill in full within the prescribed time, unless said utility bill is formally disputed for refuse collection charges. (Ord. C-7057 § 16, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(a)).

When billed to the property owner, the refuse collection service charges shall be based upon full occupancy of all rental units upon the property during the period covered by the bill. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(b)).

The Director of Public Works is authorized to determine and establish such rules, procedures and methods as may be necessary or desirable to the implementation of Sections 8.60.200 through 8.60.230, and so as to provide for circumstances or situations for which no specific provision is included in Sections 8.60.200 through 8.60.230, and shall determine the interval for billing of such refuse collection service charges; provided that such billings shall not be less frequent than every four months. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(c)).

Commercial activities for the Department of Public Works are performed by the Commercial Services Bureau of the Department of Financial Management, and regulations contained in this Chapter shall be implemented and applied by procedures established by the manager of Commercial Service, subject to the approval of the Director of Public Works. (Ord. C-7057 § 17, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.9(d)).

A. Property owners and occupants within the City shall utilize the Municipal refuse collection and recycling service and shall be obligated to make payment to the City for such service in accordance with provisions of Sections 8.60.140 through 8.60.190 excepting that:
1. Property owners or occupants may utilize the service of a licensed and permitted solid waste enterprise for collection, removal and disposal of “refuse not collected by the City”, as defined in this Chapter.
2. Property owners or occupants which generate in excess of ten (10), one hundred (100) gallon containers of refuse and recyclables per week, and any number of contiguous properties or rental units under common ownership by an individual business, firm, or private or public corporation which is designated as one account and jointly generates in excess of thirty (30), one hundred (100) gallon containers of refuse and recyclables per week, may request an exemption from the director of public works. Having received such an exemption in writing, the property owner or occupant may utilize a solid waste enterprise licensed and permitted to remove or convey waste within the city for the collection, removal and disposal of refuse from such specific properties as authorized in this chapter. In the event that such exceptions apply, then no routine refuse collection or recycling service charge shall be made against the occupants or owners of such properties. Special collection charges shall apply for services deemed necessary to maintain public health and safety by the director of public works.
3. A property owner or occupant within an area newly annexed to the city may utilize the service of a private refuse collection service for a period not to exceed the maximum time prescribed in Section 4272 of the Health and Safety Code; provided that such private refuse collection service is authorized to continue furnishing the service pursuant to and is in compliance with all applicable laws and regulations, and has obtained the requisite business license refuse transportation permit from the city; and provided further, that such occupant or owner was an occupant or owner at the time the area was annexed to the city. In such event, and if the city collects no refuse or recyclables therefrom, then no refuse or recycling collection service charge shall be made against the occupants or owners of such properties.
B. Nothing in this section shall be construed to prohibit any property owner or occupant from selling to, or otherwise disposing of to a private agency, any specific type or classification of refuse or recyclable material which may have economic value; provided, that the private agency shall be required to comply with all provisions of this chapter relative to the collection and conveyance of refuse or recyclables within the city and all other applicable laws and regulations. (Ord. C-7601 § 22, 1999: Ord. C-7057 § 18, 1992: Ord. C-5595 § 1 (part), 1980: prior code § 5220.10).

Occupants or property owners shall not cause or permit rubbish to accumulate at any place or property under their care or control for a period in excess of one calendar week; excepting that this provision shall not apply to those manufacturing wastes not constituting a health or fire hazard or a nuisance to adjacent properties. (Ord. C-5595 § 1 (part), 1980: prior code § 5220.11).

The occupant or tenant, or in the absence of an occupant or tenant, the property owner, lessee, or proprietor of any real property in this city which is adjacent to a paved public sidewalk or a paved alley shall cause the sidewalk or alley to be swept or otherwise cleaned each day, Sundays and legal holidays excepted, if necessary to keep and maintain the public sidewalk or alley free of dirt, paper, litter or rubbish of any kind. The sweepings and debris from the sidewalk or alley shall be caused to be disposed of by the person responsible for the cleanliness of the sidewalk or alley, but such sweepings and debris shall not be swept or otherwise caused or allowed to be disposed of in the street or gutter. If the property owner or occupant fails to maintain the public sidewalk or alley free of waste of any kind, the director of public works may, for public health and safety reasons, cause the sidewalk or alley adjacent to real property to be cleaned and assess a fee to the property owner pursuant to Sections 8.60.190 and 8.60.200 of the municipal code. (Ord. C-7057 § 19, 1992: Ord. C-5800 § 1, 1992: prior code § 5220.12).

A. The owner or operator of any retail establishment which sells a product which is commonly used or consumed immediately after purchase shall provide a waste receptacle of sufficient capacity, as defined in this chapter, on his or her property for use by that establishment’s customers.
B. The owner or operator of each of the following establishments shall provide and empty a tobacco waste receptacle, such as a cigarette urn or ash tray, in each area of his or her establishment where smoking is lawfully permitted:
1. Any retail establishment which sells tobacco products, or alcoholic beverages for consumption on the premises.
2. Any place of employment, in any area of the establishment where smoking is permitted.
C. Each such receptacle provided under this section shall be of sufficient capacity, as defined in this chapter, and both the receptacle and the area surrounding it shall be maintained in a sanitary manner.
D. No waste receptacle provided under this section shall be located on public property without the permission of the Director of Public Works. (Ord. C-7601 § 26, 1999).

Refund provisions in Chapter 3.48 shall apply with the following conditions:
A. The refund shall be credited to the corresponding refuse or recycling service account. If the refuse account is closed, the refund amount shall be made to such person entitled to receive the money.
B. The refund shall be requested in writing by the person entitled to the refund. The refund request shall be made within one year after payment of the money to the city. The refund amount shall not exceed a six-month period of the disputed amount. (Ord. C-7057 § 21, 1992).

No person shall deface or remove without authorization any “cart” or “recycling bin” as defined herein, and any person convicted of so doing shall be guilty of a misdemeanor which shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punishable accordingly. (Ord. C-7057 § 22, 1992).