HomeMy WebLinkAboutItem 5g. Second Reading and Adoption of O-1706 approving revisions to the Solid Waste and Recycling Chapters of Title 8 (Health and Safety) Item 5g
Department: Utilities
Cost Center: 6107
For Agenda of: 12/7/20201
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste and Recycling Coordinator; Rebecca Bernstorff,
Community Services Group Business Services and Administrative Manager
SUBJECT: SECOND READING OF ORDINANCE NO. 1706 (2021 SERIES)
APPROVING REVISIONS TO SOLID WASTE AND RECYCLING
SECTIONS OF MUNICIPAL CODE TITLE 8, HEALTH AND SAFETY
RECOMMENDATION
Adopt Ordinance No. 1706 (2021 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Title 8, Chapters 8.04 and 8.05 of the
San Luis Obispo Municipal Code.”
DISCUSSION
Background
On November 16, 2021, the City Council voted 5:0 during the Public Hearing to introduce
Ordinance No. 1706 (2021 Series) amending the solid waste and recycling sections of
Title 8, Health and Safety, of the City’s Municipal Code.
Previous Council or Advisory Body Action
On August 18, 2020, Council adopted the City’s 2020 Climate Action Plan by Resolution
No. 11159 (2020 Series) to forward local goals of landfilled organic waste diversion by 75
percent by 2025 and 90 percent by 2035.
Policy Context
The City’s Municipal Code Title 8, Health and Safety, covers the City’s franchised waste
collection and disposal services for solid waste, recycling, and organic waste. The
Ordinance includes proposed updates to Chapters 8.04 (Solid Waste Disposal) and 8.05
(Construction and Demolition Debris Recycling Program) to implement Senate Bill 1383
and to update outdated terms and definitions in this title to better reflect current industry
standards.
Following four years of study by Cal Recycle, SB 1383 was adopted in September 2016
and established methane emission reduction targets statewide. The bill is intended to
reduce emissions of short-lived climate pollutants in California and is the largest statewide
update to solid waste regulations made in the last thirty years. The regulations set forth
by SB 1383 are effective January 1, 2022.
Page 143 of 450
Item 5g
Jurisdictions are required to enforce against SB 1383 related ordinances beginning on
January 1, 2024, allowing for a two-year period of extensive outreach and education to
bring residents and businesses into compliance. To implement, meet, and enforce the
provisions set forth by SB 1383 and in alignment with the Circular Economy pillar of the
City’s 2020 Climate Action Plan, an update to the existing Municipal Code is necessary.
Following adoption of the proposed organic diversion related ordinance, the City will adopt
internal policies for purchasing and procurement as prescribed by SB1383. Staff will
execute an official agreement of designation authorizing the Integrated Waste
Management Authority (IWMA) to act as a delegate on behalf of the City for
responsibilities of compliance with SB 1383 to the extent allowed by law.
Public Engagement
The introduction the Ordinance was part of the Public Hearing before the City Council on
November 16, 2021 (Attachment A), and a draft was included in the agenda packet for
the meeting.
A combination of outreach efforts by City Staff and IWMA staff will be made directly to
those impacted by new regulations of SB 1383 – and especially to multi-family residential
and commercial service accounts. City staff, in conjunction with efforts from the IWMA,
will focus solely on education and outreach prior to January 1, 2024, when SB 1383
regulations require local level enforcement rather than education.
CONCURRENCE
The City’s Utilities Department, Community Services Group, and City Attorney’s Office
have reviewed and provided input into the changes reflected in draft ordinance and
concurs with the recommendations made in this report.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt per California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed
action consists only of the adoption of new standards and will have no physical effects on
the environment and has no possibility of a significant adverse effect on the environment.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Page 144 of 450
Item 5g
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A N/A N/A N/A
State
Federal
Fees
Other:
Total N/A N/A N/A N/A
The fiscal impact of SB 1383 implementation may warrant staffing requirements to fulfill
prescribed enforcement and reporting requirements. While the City maintains
membership in the IWMA, reporting to the JPA monthly and providing enforcement
authority to the programs implemented by the IWMA are responsibilities of the City. Staff
will evaluate resource impacts associated with S B 1383 compliance and other solid
waste, recycling, and organics waste requirements, and will return to Council with any
recommended changes to current staffing levels as part of the City’s financial planning
process.
ALTERNATIVES
Continue consideration of this item. The City Council may continue consideration of
the recommendation if more information is needed to make a decision. Direction should
be provided to staff regarding the additional analysis or data needed for the Council to
conclude the item, including conveying that additional subsections need to be added,
removed, or amended.
ATTACHMENTS
A – Council Agenda Report dated November 16, 2021
B – Ordinance No. 1706 (2021 Series) – Legislative Draft
C – Ordinance No. 1706 (2021 Series) – Final Format
Page 145 of 450
Page 146 of 450
Counci I Agenda Report
FROM: Aaron Floyd, Utilities Director
Department: Utilities
Cost Center: 6107
For Agenda of: 11/16/2021
Placement: Public Hearing
Estimated Time: 30 minutes
Prepared By: Jordan Lane, Solid Waste and Recycling Coordinator; Rebecca Bernstorff,
Community Services Group Business Services and Administrative
Manager
SUBJECT: INTRODUCE AN ORDINANCE TO REVISE THE SOLID WASTE AND
RECYCLING SECTIONS OF MUNICIPAL CODE TITLE 8, HEAL TH AND
SAFETY
RECOMMENDATION
Introduce an Ordinance entitled, "An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 8, Chapters 8.04 and 8.05 of the San Luis Obispo
Municipal Code".
REPORT-IN-BRIEF
In effort to drastically reduce greenhouse gas emissions generated at landfills from
disposal of organic waste, the State of California adopted Senate Bill 1383 (SB 1383 1 )
which requires jurisdictions to adopt ordinances and implement programs supporting
organic waste diversion. The proposed ordinance revisions amend the solid waste related
chapters of the City's Municipal Code to accomplish compliance with some of the
regulatory requirements of both SB 1383 and the 2019 California Green Building
Standards.
DISCUSSION
Background
The City's Municipal Code Title 8, Health and Safety, covers the City's franchised waste
collection and disposal services for solid waste, recycling, and organic waste. This report
discusses proposed updates to chapters 8.04 (Solid Waste Disposal) and 8.05
(Construction and Demolition Debris Recycling Program) to implement Senate Bill 1383
and to update outdated terms and definitions in this title to better reflect current industry
standards.
1 Senate Bill 1383, signed by Governor Brown on September 19, 2016, added Sections 39730.5, 39730.6,
39730.7, and 39730.8 to the Health and Safety Code, and to add Chapter 13.1 (commencing with Section
42652) to Part 3 of Division 30 of the Public Resources Code, relating to methane emissions.
Page 147 of 450
Following four years of study by Cal Recycle, SB 1383 was adopted in September 2016
and established methane emission reduction targets statewide. The bill is intended to
reduce emissions of short-lived climate pollutants in California and is the largest statewide
update to solid waste regulations made in the last thirty years. The regulations set forth
by SB 1383 are effective January 1, 2022. Jurisdictions are required to enforce against
SB 1383 related ordinances beginning on January 1, 2024, allowing for a two-year period
of extensive outreach and education to bring residents and businesses into compliance.
To implement, meet, and enforce the provisions set forth by SB 1383 and in alignment
with the Circular Economy pillar of the City's 2020 Climate Action Plan, an update to the
existing Municipal Code is necessary.
Intent of SB 1383
Organic waste includes food scraps, yard trimmings, paper, and cardboard, and makes
up nearly 50% of what Californians send to landfills. The primary issue addressed by SB
1383 is that organic waste buried in landfills emits 20% of the state's methane and this
climate super pollutant is 84 times more potent than carbon dioxide. SB 1383 establishes
statewide diversion targets to reduce the amount of organic waste disposed of in landfills
(50% reduction by 2020 and 75% by 2025). It also sets a goal to rescue at least 20% of
currently disposed edible food by 2025 and redirect that food to people in need.
Partnership in Addressing SB 1383
The City of San Luis Obispo is a member of the San Luis Obispo County Integrated Waste
Management Authority (IWMA), a regional solid waste Joint Powers Authority. Since the
finalization of SB 1383 regulations by CalRecycle, the IWMA has worked in partnership
with its member agencies to plan and develop the policy and programs needed for
compliance, including:
•Adopting new organic waste ordinances (the subject of this report);
•Ensuring organic waste collection services are made available to all organic
waste generators;
•Conducting route reviews and waste evaluations;
•Notifying generators of recycling and organic waste requirements;
•Labeling waste containers with SB 1383 compliant labels;
•Providing limited generator waivers to generators;
•Implementing food recovery programs to educate commercial edible food
generators and increased access to food recovery programs;
•Increasing edible food recovery capacity;
•Updating purchasing and procurement policies for recovered organic waste
and post-consumer recycled-content office supplies; and
•Investigating and maintaining records of non-compliance with SB 1383.
Page 148 of 450
Given the ongoing pandemic emergency and complexity and extent of SB 1383,
compliance with all facets of these regulatory changes has provided a challenge for many
California jurisdictions. For this reason, on October 5, 2021, the State of California also
adopted SB 6192, which allows jurisdictions demonstrating progress towards compliance
with SB 1383 to apply for additional time to come into compliance without the threat of
enforcement penalties by the State.
Ordinance Updates
Summarized below, in the order they appear in the proposed Municipal Code Revisions
(Attachment A) and Draft Ordinance (Attachment B), are the changes recommended to
the City's solid waste related ordinances. There are recommended revisions not
discussed in detail below as they include minor revisions and updates, as well as general
language clarifications. Codifying these requirements is intended to provide clarity and
consistency with SB 1383 State regulations in time for its effective date of January 1,
2022.
8.04 Solid Waste Disposal
Within Chapter 8.04, staff is proposing to change the title and
include organic waste diversion requirements (consistent
with SB1383) for organic waste generators and haulers. This
Chapter establishes regulations for residential and
commercial waste generators to dispose of waste properly,
to minimize contamination of the recycling and organic waste
streams, to prevent production of unnecessary and
unhealthy greenhouse gases and to ensure that the lifetime
of our local landfill is prolonged. Changes to Chapter 8.04
are proposed to align with the comprehensive requirements
of SB 1383 organic waste reduction measures and 2019
CALGreen Title 24, Part 11 and were derived primarily from
draft ordinance language provided by HF&H Consultants to
all IWMA member agencies.
As noted above, as a member agency of the IWMA, the City is relying upon the IWMA's
work on behalf of it and other member agencies to inform and educate the generators of
organic waste materials of these ordinance changes related to SB 1383. Single family
residences, multi-family residential dwellings, and commercial businesses have different
requirements regarding organic waste materials and separation of the same as noted in
the ordinance language. Edible food generators are subject to the most substantial
requirements. The key to the success of implementation by the City of this new state
mandate is education to all customers of their new requirements followed in 2024 by
enforcement activities as needed.
2 Senate Bill 619, signed by Governor Newsom on October 05, 2021 amended Section 42652.5 of the
Public Resources Code, relating to solid waste.
Page 149 of 450
8.05 Construction and Demolition (C&D) Debris Recycling Program
Within Chapter 8.05, staff is proposing edits related to the City's Construction and
Demolition Debris Recycling Program. These edits are proposed to comply with current
California Building Standards related to tracking waste diversion of construction and
demolition projects in the City, and to clarify the process for building construction and
demolition applicants. Benefits of these changes will include consistency between City
and State standards, and environmental benefits due to an overall reduction in landfilled
materials.
Previous Council or Advisory Body Action
On August 18, 2020, Council adopted the City's 2020 Climate Action Plan by Resolution
11159 to forward local goals of landfilled organic waste diversion by 75 percent by 2025
and 90 percent by 2035. On October 19, 2021, City Council adopted Resolution No.
11283 (Attachment C) to remain a member agency of the IWMA.
Policy Context
Following adoption of proposed organic diversion related ordinance, the City will adopt
internal policies for purchasing and procurement as prescribed by SB 1383. Staff will also
execute an official agreement of designation authorizing the IWMA to act as a delegate
on behalf of the City for responsibilities of compliance with SB 1383 to the extent allowed
by law.
Public Engagement
SB 1383: Current outreach efforts by the IWMA are underway. Future efforts are being
contemplated to continue to be contracted out by the IWMA as part of the agency's
education and outreach program as required by SB 1383 and our Joint Powers
Agreement. Regardless, a combination of outreach efforts by City Staff and IWMA will be
made directly to those impacted by new regulations of SB 1383 -and especially to multi
family residential and commercial service accounts. City staff, in conjunction with efforts
from the IWMA, will focus solely on education and outreach prior to January 1, 2024,
when SB 1383 regulations require local level enforcement rather than education.
CONCURRENCE
The City's Utilities Department, Community Services Group, and City Attorney's Office
have reviewed and provided input into the changes reflected in draft ordinance and
concurs with the recommendations made in this report.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt per California Environmental Quality Act (CEQA)
Guidelines Section 15061 (b)(3), the "Common Sense" exemption because the proposed
action consists only of the adoption of new standards and will have no physical effects on
the environment and has no possibility of a significant adverse effect on the environment.
Page 150 of 450
FISCAL IMPACT
Budgeted: No
Funding Identified: No
Fiscal Analysis:
Funding Total Budget
Sources Available
General Fund N/A
State
Federal
Fees
Other:
Total N/A
N/A
N/A
Budget Year: N/A
Current Remaining Annual
Funding Balance Ongoing
Request Cost
N/A N/A
N/A N/A
The fiscal impact of SB 1383 implementation may warrant staffing requirements to fulfill
prescribed enforcement and reporting requirements. While the City of San Luis Obispo
maintains membership in the IWMA, reporting to the JPA monthly and providing
enforcement authority to the programs implemented by the IWMA are responsibilities of
the City. Staff will evaluate resource impacts associated with SB 1383 compliance and
other solid waste, recycling, and organics waste requirements, and will return to Council
with any recommended changes to current staffing levels as part of the City's financial
planning process.
ALTERNATIVES
Continue consideration of this item. The City Council may continue consideration of
the recommendation if more information is needed to make a decision. Regulations from
SB 1383 go into effect statewide on January 1, 2022, however, under SB 619, cities may
apply for an exemption which if approved, could provide relief from enforcement by the
State of California for one year.
ATTACHMENTS
A -Municipal Code Title 8 Revisions (Redlined Version)
B -Draft Ordinance amending Municipal Code Title 8 (Health and Safety)
C -Resolution No. 11283 (2021 Series)
Page 151 of 450
Page 152 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 1 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Title 8
HEALTH AND SAFETY
Chapters:
8.04 Solid Waste , Recycling, and Organic Waste
8.05 Construction and Demolition Debris Recycling Program
8.06 Expanded Polystyrene
8.07 Plastic Bottled Beverages and Water Bottle Filling Stations
8.08 Hazardous Weeds and Debris
8.09 Single-Use Straws
8.12 Abatement of Dangerous Obstructions in Streambeds
8.14 Tobacco Retailer Licenses
8.16 Smoking Prohibited and Secondhand Smoke Control
8.17 Cigarette Vending Machines
8.18 Regulation of the Sale and Distribution of Tobacco Products
8.20 Food Handling
8.22 Offensive Odors
8.24 Nuisance Abatement
8.28 Hazardous Chemicals Transport
8.32 Liability for Costs of Response to Hazardous Waste or Substance Spills, Releases and Other
Incidents
Chapter 8.04
SOLID WASTE, RECYCLING, AND ORGANIC WASTE
Sections:
8.04.010 Definitions.
8.04.020 Accumulation—Type and placement of containers.
8.04.030 Transportation.
8.04.040 Collection required at least once a week.
8.04.050 Health officer and city engineer to direct removal.
8.04.060 Disposal site.
8.04.070 Use of disposal service mandatory—Collection of charges.
8.04.080 Collection rates.
8.04.090 Condition of collection trucks.
8.04.100 Refuse—Burning or burying.
8.04.110 Emergency removal.
Deleted: Disposal
Deleted: DISPOSAL
Page 153 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 2 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.04.120 Disposal by producer.
8.04.130 Certain hauling prohibited.
8.04.140 Health regulations—Establishment.
8.04.150 Franchise for collection—Authorization.
8.04.160 Placement of receptacles for pickup—Disputes settlement.
8.04.170 Dumping on private or public premises prohibited.
8.04.180 Owners responsibility to maintain premises free of debris and waste matter.
8.04.190 Placing of handbills or advertising matter in or upon vehicles.
8.04.200 Storage of certain vehicles prohibited.
8.04.210 Clearing of waste matter, debris and vehicles from private property.
8.04.211 Mandatory organic waste disposal requirements for single-family premises.
8.04.212 Mandatory organic waste disposal requirements for multi-family residential dwellings.
8.04.213 Mandatory organic waste disposal requirements for commercial businesses.
8.04.214 Organic waste and/or organics collection waivers for multi-family premises and commercial
premises.
8.04.215 Requirements for commercial edible food generators.
8.04.216 Requirements for food recovery organizations and services.
8.04.217 Requirements for haulers and facility operators.
8.04.218 Recyclable and organic materials self-hauling requirements.
8.04.219 Inspections and investigations.
8.04.220 Enforcement.
8.04.230 Violation—Penalty.
8.04.010 Definitions.
Words used in this chapter are defined as provided in this section:
“Alternative Daily Cover (ADC)” has the same meaning as in Section 20690 of Title 27 of the California Code
of Regulations.
“Alternative Intermediate Cover (AIC)” has the same meaning as in Section 20700 of Title 27 of the California
Code of Regulations.
“Bin” means a container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and
with wheels (where appropriate), that is serviced by a front end-loading collection vehicle, including bins with
compactors attached to increase the capacity of the bin.
“C&D (debris)” or “Construction and demolition debris” means building materials and solid waste resulting
from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in
California Code of Regulations, Title 22 section 66261.3 et seq. This term includes, but is not limited to,
Page 154 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 3 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
asphalt, concrete, brick, gypsum wallboard, cardboard, and other associated packaging, roofing material,
ceramic tile, carpeting, plastic pipe and steel.
“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department
designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on
jurisdictions (and others).
“Cart” means a plastic container with a hinged lid and wheels that is serviced by an automated or semi-
automated collection vehicle. A cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes). “City
disposal site” means and refers to that certain tract of land which the franchisee shall furnish and use as a place
of depositing garbage, rubbish and C&D.
“Container(s)” mean bins, carts, compactors, and roll-offs.
“Contractor” means a corporation organized and operating under the laws of the State and its officers,
directors, employees, agents, companies, related-parties, affiliates, subsidiaries, and subcontractors.
“Compactor” means a mechanical apparatus that compresses materials together with the container that holds
the compressed materials or the container that holds the compressed materials if it is detached from the
mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard bin compactors serviced
by front-end loader collection vehicles and ten (10) to fifty (50) cubic yard drop box compactors serviced by
roll-off collection vehicles.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company,
corporation, or association, whether for-profit or nonprofit, strip mall, or industrial facility.
“Commercial Edible Food Generator” includes a tier one or a tier two commercial edible food generator as
defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery
organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR
Section 18982(a)(7).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation thereof) includes a
controlled biological decomposition of organic materials yielding a safe and nuisance free compost product.
“Creek” means a natural stream of water normally smaller than and often tributary to a river. May be seasonal
in that it is dry during certain times of the year.
“Customer” means the person whom contractor submits its billing invoice to and collects payment from for
collection services provided to a premises. The customer may be either the occupant or owner of the premises.
“Designee” means an entity that the city contracts with or otherwise arranges to carry out any of the city’s
responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
Deleted: ¶
Deleted: A.
Deleted: rubble
Deleted: B.
Page 155 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 4 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“Developed Property” means any property which has been altered from its natural state by the construction or
erection of materials located in, upon, or attached to something located in or upon the ground.
“Discarded Materials” means recyclable materials, organic materials, and solid waste placed by a generator in
a collection container and/or at a location for the purposes of collection excluding excluded waste.
“Drainageway” means a route or course along which water moves or may move to drain a region. These are
generally manmade as compared to “creeks”.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section
18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18),
“edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR,
Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety
requirements of the California Health and Safety Code, including the California Retail Food Code.
“Enforcement Action" means an action of the city to address non-compliance with this chapter including, but
not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be
disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt of edible food from
commercial edible food generators and distributes that edible food to the public for food recovery either
directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not
limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code;
and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and
Safety Code.
“Food Recovery Service” means a person or entity that collects and transports edible food from a commercial
edible food generator to a food recovery organization or other entities for food recovery, or as otherwise
defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food
generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to
14 CCR Section 18982(a)(7).
“Food Waste” means source separated food scraps and food-soiled paper.
“Franchisee” means and includes a person whom the city has granted the privilege of collecting and disposing
of refuse, garbage, rubbish, and other solid waste produced within the limits of the city under the terms set out
in this chapter, and under the provisions of the Charter of the city, as amended.
Deleted: C.
Deleted: D.
Page 156 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 5 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“Garbage” means and includes kitchen and table refuse, offal, swill and also every accumulation of animal and
vegetable refuse, and other matter that attends the preparation, consumption, decay or dealing in or storage of
meats, fish, fowl, birds, fruits or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes
and all or any refuse, save and excepting as defined in this section as rubbish or C&D.
“Generator” means a person or entity that is responsible for the initial creation of one or more types of
discarded materials.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and
vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the
food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise
defined in 14 CCR Section 18982(a)(30).
“Hazardous Waste” means all substances defined as hazardous waste, acutely hazardous waste, or extremely
hazardous waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future
amendments to or recodifications of such statutes or identified and listed as solar panels from residential
premises, and hazardous waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal
Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules
and regulations promulgated thereunder.
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic
content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the
“mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
“Incinerator” means and includes fireproof receptacles approved by the city engineer or fire chief, and used for
disposing of combustible rubbish on private premises.
“Inspection” means a site visit where a city reviews records, containers, and an entity’s collection, handling,
recycling, or landfill disposal of recyclable materials, organic waste, solid waste or edible food handling to
determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14
CCR Section 18982(a)(35).
“Lake” means a considerable inland body of standing water, an expanded part of a river, a reservoir formed by
a dam, or a lake basin intermittently or formerly covered by water.
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an
admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day
of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately
owned park, parking lot, golf course, street system, or other open space when being used for an event. If the
Deleted: E.
Deleted: rubble
Deleted: F.
Deleted: G.
Page 157 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 6 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section
18982(a)(38) shall apply to this chapter.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000
individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to,
a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground,
museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large
Venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to
this chapter.
“Multi-Family Residential Dwelling” or “Multi-Family” or “MFD” means of, from, or pertaining to residential
Premises with five (5) or more dwelling units including such premises when combined in the same building
with commercial establishments, that receive centralized, shared, collection service for all units on the
premises which are billed to one (1) customer at one (1) address. Customers residing in townhouses, mobile
homes, condominiums, or other structures with five (5) or more dwelling units who receive individual service
and are billed separately shall not be considered multi-family. Multi-Family Premises do not include hotels,
motels, or other transient occupancy facilities, which are considered commercial businesses.
“Occupant” means the person who occupies a premises.
“Organic Materials” means yard trimmings and food waste, individually or collectively that are set aside,
handled, packaged, or offered for collection in a manner different from solid waste for the purpose of
processing. No discarded material shall be considered to be organic materials, however, unless it is separated
from recyclable material and solid waste. organic materials are a subset of organic waste.
“Organic Materials Container” shall be used for the purpose of storage and collection of source separated
organic materials.
“Organic Waste” means wastes containing material originated from living organisms and their metabolic waste
products, including but not limited to food, green material, landscape and pruning waste, organic textiles and
carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or
as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR
Section 18982(a).
“Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall
include the person(s) listed on the latest equalized assessment roll of the County Assessor.
Page 158 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 7 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“Premises” means and includes any land, building and/or structure, or portion thereof, in the city where
discarded materials are produced, generated, or accumulated. all structures on the same legal parcel, which are
owned by the same person shall be considered as one premises.
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the recyclable
materials container that are not identified as acceptable source separated recyclable materials for the city’s
recyclable materials container; (ii) discarded materials placed in the organic materials container that are not
identified as acceptable source separated organic materials for the city’s organic materials container; (iii)
discarded materials placed in the solid waste container that are acceptable source separated recyclable
materials and/or source separated organic materials to be placed in city’s organic materials container and/or
recyclable materials container; and, (iv) excluded waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in
14 CCR Section 18982(a)(49).
“Recyclable Materials” means those discarded materials that the generators set out in recyclables containers
for collection for the purpose of recycling by the service provider and that exclude excluded waste. No
discarded materials shall be considered recyclable materials unless such material is separated from organic
materials, and solid waste. recyclable materials shall include, but not be limited to aluminum, newspaper, clear
and colored glass, tin and bi-metal, high density polyethylene (HDPE), polyethylene terephthalate (PET),
cardboard, chipboard, and mixed paper. For the purpose of collection of recyclable materials through
contractor’s collection services, recyclable materials shall be limited to those materials identified by the
collection contractor as acceptable recyclable materials.
“Recyclable Materials Container” shall be used for the purpose of storage and collection of source separated
recyclable materials.
“Refuse” means and includes garbage, rubbish or both.
“Refuse collector” means and includes the same as the term franchisee.
“Residential” shall mean of, from, or pertaining to a single-family premises or multi-family premises including
single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative
apartments.
“Responsible Party” means the owner, property manager, tenant, lessee, occupant, or other designee that
subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection services for a
premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family
premises, multi-family premises, or commercial premises. In instances of dispute or uncertainty regarding who
is the responsible party for a premises, responsible party shall mean the owner of a single-family premises,
multi-family premises, or commercial premises.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or
immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
Deleted: H.
Deleted: I.
Deleted: , as is defined in subsection D of this section
Page 159 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 8 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“Rubbish” means and includes all combustible and noncombustible waste matter, excepting garbage ordinarily
accumulating in and about residences, flats, buildings, apartment houses, lodging houses, hotels, restaurants,
eating houses, stores, shops, offices and other public buildings. Among other things, it shall include tree
trimmings, grass cuttings, dead plants and weeds, but shall not include C&D.
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, w hich added
Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane
emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter, the
Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted
in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27
CCR.
“Self-Haul” means to act as a self-hauler.
“Self-Hauler” means a person, who hauls solid waste, organic waste or recyclable material they have generated
to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. back-haul means
generating and transporting recyclable materials or organic waste to a destination owned and operated by the
generator or responsible party using the generator’s or responsible party’s own employees and equipment.
“Service Level” refers to the size of a customer’s container and the frequency of collection service.
“Single-Family” or “SFD” refers to any detached or attached house or residence of four (4) units or less
designed or used for occupancy by one (1) family, provided that collection service feasibly can be provided to
such premises as an independent unit, and the owner or occupant of such independent unit is billed directly for
the collection service. Single-family includes townhouses, and each independent unit of duplex, tri-plex, or
four-plex residential structures, regardless of whether each unit is separately billed for their specific service
level.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines
solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, C&D debris, abandoned vehicles and parts thereof, discarded
home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety
Code).
Deleted: J.
Deleted: lodginghouses
Deleted: rubble
Page 160 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 9 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104 of the State Health and Safety Code).
Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State
Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to
be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(4) Recyclable materials, organic materials, and construction and demolition debris when such
materials are source separated.
Solid waste includes salvageable materials only when such materials are included for collection in a solid
waste container not source separated from solid waste at the site of generation.
“Solid Waste Container” shall be used for the purpose of storage and collection of solid waste.
“Source Separated” or “Source-Separated (materials)” means materials, including commingled recyclable
materials and organic materials, that have been separated or kept separate from the solid waste stream, at the
point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in
order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted
products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in
14 CCR Section 17402.5(b)(4). For the purposes of the chapter, source separated shall include separation of
materials by the generator, responsible party, or responsible party’s employee, into different containers for the
purpose of collection such that source-separated materials are separated from solid waste for the purposes of
collection and processing.
“Source Separated Organic Materials” means organic materials that are source separated and placed in an
organic materials container.
“Source Separated Recyclable Materials” means recyclable materials that are source separated and placed in a
recyclable materials container.
“Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the
following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or
greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
Deleted:
Page 161 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 10 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this
definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
“Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds
where each pound contains sixteen (16) ounces.
“Waste” means solid waste and source-separated waste.
8.04.020 Accumulation—Type and placement of containers.
No person shall deposit, keep, accumulate or permit any C&D debris, source separated materials, or other solid
waste to be deposited, kept or accumulated upon any lot or parcel of land, or on any public or private place,
creek, lake or drainageway, street, lane, alley or drive, unless the same shall be kept, deposited or allowed to
accumulate as provided in this chapter.
A. Waste. No person shall keep, accumulate or permit to be kept or accumulated any waste upon any lot or
parcel of land, or on any public or private place, street, lane, alley or drive, unless the same shall be in metal or
plastic receptacles provided or approved by the franchisee. The maximum weight of a receptacle and its
contents at collection time shall not exceed seventy-five pounds. Each receptacle shall be provided with close-
fitting metal or plastic lids or covers which shall be kept closed at all times except when necessarily opened to
permit waste to be taken therefrom or deposited therein. Each receptacle shall be kept in a clean, neat, sanitary
condition at all times. The outside of each receptacle, including its cover, shall be kept clean from
accumulating grease or decomposing material. Waste shall not be kept in any creek, lake or drainageway
whether it is in a receptacle or not.
B. Location of Waste Containers. Each container provided or approved by the franchisee shall be kept or
placed entirely above ground level at a location which is convenient for access by collection personnel during
the time for collection, as follows:
1. Where there is an alley, other than a blind alley, in the rear of the premises, such container shall be
placed on the premises within five feet of the rear property line.
2. Where there is no alley, such container shall be placed on the premises within twenty feet of the rear
of the restaurant, cafe, cafeteria, hospital, hotel, boardinghouse, and other like eating places, apartment
houses, or dwelling from which waste is accumulated. It may not be placed in any creek, lake or
drainageway.
C. Containers which do not comply with the requirements as stipulated in this chapter or which deteriorate to
the point where they do not comply will be tagged by the franchisee and, if not replaced by the next regular
collection day, will be considered as waste and will be removed by the franchisee in the same manner as any
other waste.
D. No person shall place, store or otherwise keep any waste container in a receptacle or pit in an exterior
location which is not entirely above ground level.
Deleted: K. “Rubble” means and includes all debris from
the construction, demolition or alteration of buildings, earth,
rocks or incinerator ashes, brick, mortar, concrete and similar
solid material.¶
Deleted: L.
Deleted: “Solid waste” means and includes all waste
substances including garbage as well as combustible and
noncombustible wastes. (Ord. 1040 (part), 1985: prior code
§ 5200)
Deleted: ¶
Deleted: rubbish, rubble
Deleted: , garbage
Deleted: Garbage
Deleted: garbage
Deleted: with handles
Deleted: Each receptacle shall have a capacity of not less
than five gallons and not more than thirty-five gallons. The
Deleted: garbage
Deleted: Garbage
Deleted: B. Rubbish. No person shall keep or accumulate
any rubbish or other solid waste unless the same is kept in a
suitable box or boxes, barrels or other suitable receptacles to
be kept on each of the premises, sufficient to hold the
rubbish which would ordinarily accumulate on such
premises. Rubbish shall not be kept in any creek, lake or
drainageway whether it is in a receptacle or not.¶
Deleted: C.
Deleted: Garbage and Rubbish
Deleted: garbage vessel, tank or receptacle, and each
rubbish container provided
Deleted: owner, manager or person in possession, charge or
control of any restaurant, hospital, hotel, boardinghouse,
cafe, cafeteria, and other like eating places, apartment
houses, and of butcher shops and green vegetable stores and
every person occupying a dwelling within the city, …
Deleted: vessel, tank, receptacle or rubbish
Deleted: vessel, tank, receptacle or rubbish
Deleted: garbage or rubbish
Deleted: D.
Deleted: rubbish
Deleted: rubbish
Deleted: E
Deleted: garbage or rubbish
Page 162 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 11 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
E. Waste containers shall not be placed adjacent to the street for pickup more than twenty-four hours before
pickup time, and such containers shall be removed within the twelve-hour period following pickup, except in
the Business Improvement Area (as defined in Chapter 12.36). In the Business Improvement Area, waste
containers shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of business on the
day preceding pickup, whichever is later. Such containers shall be removed before 10:00 a.m. following
pickup.
F. No person shall place any waste into a waste container without permission of the owner or tenant of the
property on which the container sits. (Ord. 1192 § 1, 1990; Ord. 1176 § 1, 1990; Ord. 1040 (part), 1985; prior code
§ 5200.1)
8.04.030 Transportation.
A. Solid Waste and C&D Debris Transportation. No solid waste or C&D debris shall be removed and carried
on and along the streets and alleys of the city except that the same be carried, conveyed or hauled in
conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter
to shift through or fall upon the streets and alleys. The contents of such conveyances must be further protected
so as to prevent the same from being blown upon the streets, alleys and adjacent lands.
B. Wet Waste Transportation. No wet waste shall be removed and carried on or along any street or alley of
the city except the same be transported in watertight containers with proper covers, so that the waste shall not
be offensive and every such container shall be kept clean and the waste shall be so loaded that none of it shall
fall, drip or spill to or on the ground, sidewalk or pavement. (Prior code § 5200.2)
8.04.040 Collection required at least once a week.
All waste of any kind, shall be removed by the city, its agent, employees, or permittees or representatives, at
least once every seven days, unless otherwise directed by the city health office or the city engineer. (Prior code
§ 5200.3)
8.04.050 Health officer and city engineer to direct removal.
It shall be the duty of any franchisee engaged in or conducting the business of collecting waste to remove
waste to which the attention of the franchisee may be directed by the health officer or city engineer, and where
waste is accumulated and thence removed, any and all the cost of the removal of waste shall be collected in
accordance with the provisions of this chapter. (Prior code § 5200.4)
8.04.060 Disposal site.
A. The franchisee shall contract with the operator of a disposal site situated without the city limits for
disposal of waste collected within the city. All waste collected within the city and not separated for recycling
or composting shall be delivered to the disposal site and disposed of according to the regulations of the
disposal site.
Deleted: F
Deleted: Refuse and garbage
Deleted: refuse and garbage
Deleted: G
Deleted: solid waste
Deleted: solid
Deleted: and Rubbish
Deleted: or rubbish
Deleted: Garbage
Deleted: garbage
Deleted: garbage
Deleted: garbage
Deleted: garbage or refuse
Deleted: garbage or rubbish
Deleted: rubbish or garbage
Deleted: garbage or rubbish
Deleted: garbage or rubbish
Deleted: solid waste
Deleted: solid
Page 163 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 12 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. The council is authorized to adopt by resolution all necessary rules and regulations for the efficient and
sanitary maintenance of the city disposal site, and to change or amend the same. (Ord. 1176 § 2, 1990: prior code
§ 5200.5)
8.04.070 Use of disposal service mandatory—Collection of charges.
A. The city has determined that periodic collection and disposal of waste from all developed properties in the
city benefits all occupants of developed properties in the city.
B. The city will provide waste collection and disposal service through its franchisee; and all developed
properties in the city must use the city’s waste collection and disposal service, except that there may be joint or
multiple use of waste containers, subject to conditions established by the city.
C. The franchisee shall collect all fees for waste collection and disposal.
D. The owner of developed property shall be responsible and liable for paying the waste collection and
disposal fees for that property, although the franchisee will bill a tenant if requested by the owner.
E. The owner of developed property shall be responsible for modifying frequency and volume of waste
collection and disposal service to remain compliant with this chapter.
F. Once each year, prior to a date established by the city, the franchisee may take the following actions to
collect delinquent waste collection and disposal accounts:
1. Present to the city a list of property owners (with corresponding parcel numbers) within the city
whose accounts are more than one hundred twenty days past due;
2. Send a certified letter requesting payment to each property owner with a delinquent account;
3. At least thirty days after receiving delivery certification for payment requests, present to the city a list
of property owners (with corresponding parcel numbers) whose accounts are still past due.
G. After the franchisee has completed all of the actions listed in paragraph E, the city council will adopt a
resolution authorizing the San Luis Obispo county assessor to assess the amounts due on delinquent accounts
as liens against the properties. The franchisee shall bear the full cost of any fees charged by the San Luis
Obispo county assessor to lien affected properties. (Ord. 1176 § 3, 1990: prior code § 5200.6)
8.04.080 Collection rates.
Collection rates for waste disposal shall be set by a resolution of the council. (Prior code § 5200.6A)
8.04.090 Condition of collection trucks.
Every truck used in the collection and removal of waste shall be kept well painted, clean inside and out, and in
a prominent place on each truck display the following sign with appropriate number:
Deleted: solid
Deleted: solid
Deleted: solid
Deleted: solid
Deleted: solid
Deleted: solid
Deleted: E
Deleted: solid
Deleted: F
Deleted: solid
Deleted: garbage
Deleted: or rubbish
Page 164 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 13 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“SOLID WASTE” or “RECYCLING” or “ORGANIC WASTE” SERVICE
San Luis Obispo, California
No. ____________
(Prior code § 5200.7)
8.04.100 Waste—Burning or burying.
A. No waste matter shall be burned in the open air within the city, except barbecue fires.
B. No waste matter which shall, in burning, cause or create a dense or offensive smoke, shall be burned upon
any premises within the corporate limits of the city, whether in an incinerator or not, except as noted in
subsection A of this section.
C. No waste shall be disposed of by burying the same underground, except that waste may be made use of for
the filling of low areas within the city when it is properly leveled and covered with dirt and upon written
permission of the health officer or city engineer. (Prior code § 5200.8)
8.04.110 Emergency removal.
Nothing in this chapter shall be deemed to prohibit the removal and hauling by an unlicensed person of
materials considered by the health officer or city engineer to constitute a health menace of such nature as
necessary to be ordered by either of the officers to be promptly removed. (Prior code § 5200.9)
8.04.120 Disposal by producer.
A. Nothing in this chapter contained shall be construed to prohibit any producer of waste from personally
hauling in producer’s vehicle, through the streets of the city and disposing of same at the city disposal site;
provided, that such hauling and disposal shall at all times be subject to the approval of the health officer.
B. The person in charge of any vehicle used to haul waste under the permission granted by the provisions of
this chapter shall, on request from the custodian of or person in charge at the city disposal site, exhibit
satisfactory evidence showing that such waste accumulated in, and was hauled from, the city, and that the
producer thereof is a resident of the city.
C. The permission granted by the provisions of this chapter shall not include the right to haul and dispose of
dead animals, C&D debris, old automobile bodies or frames, nor any refuse or rubbish originating in a
commercial establishment where the quantity exceeds one cubic yard.
D. The city is authorized, by resolution duly adopted by the council, to provide that any person who shall haul
his or her own solid waste and dispose of the same at the city disposal site shall pay to the franchisee holding a
franchise from the city, a fee for such privilege. The rate of such fee shall be established by such resolution and
Deleted: REFUSE
Deleted: Refuse
Deleted: , combustible material or refuse
Deleted: garbage, wet garbage, refuse or rubbish
Deleted: rubbish and refuse
Deleted: refuse, garbage or rubbish
Deleted: refuse, garbage or rubbish
Deleted: refuse, garbage or rubbish
Deleted: the refuse from the construction
Deleted: demolition or alteration of buildings,
Deleted: garbage, refuse or rubbish
Page 165 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 14 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
may be changed from time to time by the council by resolution duly adopted by the council. (Prior code
§ 5200.10)
8.04.130 Certain hauling prohibited.
No person, other than the franchisee, shall collect, remove or haul solid wastesover the streets of the city;
provided, however, that this section shall not apply to producer-hauling as provided in Section 8.04.120, nor to
persons who have a permit from the health officer or city engineer for emergency removal of the same. (Prior
code § 5200.11)
8.04.140 Health regulations—Establishment.
The city engineer in conjunction with the health officer have power to establish rules and regulations not
inconsistent with this chapter governing the collection and disposal of waste; provided, that such rules and
regulations shall have as their purpose the enforcement of the provisions of this chapter and the health and
sanitary laws and ordinances in effect in the city. (Prior code § 5200.12)
8.04.150 Franchise for collection—Authorization.
For the collection and disposal of waste a franchise may be granted by the city in accordance with and subject
to the terms and conditions of this chapter and the City Charter. (Prior code § 5200.14)
8.04.160 Placement of receptacles for pickup—Disputes settlement.
In all cases of disputes or complaints arising from or concerning the place where the waste containers shall be
placed while awaiting the removal of their contents, or concerning the cost of such removal, the same shall be
determined by the city council or the health officer, and such decision shall be final. (Prior code § 5200.15)
8.04.170 Dumping on private or public premises prohibited.
No person shall dump, deposit, keep or accumulate any C&D debris or any other waste material which, if
thrown or deposited, tends to create a hazard to public health, safety and welfare on any public or private
place, creek, lake, drainageway, street, lane, alley or drive, except the same be kept, deposited or allowed to
accumulate temporarily, during the period of factual construction on premises under construction or alteration,
and in a manner approved by the building inspector. Failure of a building permittee to clean up unapproved
accumulations within three working days after the building inspector serves written notice upon the permittee
or his or her agent so to do shall result in summary suspension of the building permit until such time as the
condition is corrected to the satisfaction of the building inspector. The suspension authorized in this section
shall be in addition to the misdemeanor penalties provided for elsewhere in this code. (Ord. 1040 (part), 1985: prior
code § 5200.16)
Deleted: , including, but not limited to, refuse or rubbish,
Deleted: refuse, garbage, wet garbage or rubbish
Deleted: garbage, refuse and rubbish
Deleted: garbage, wet garbage, and rubbish
Deleted: receptacles
Deleted: brick, mortar or debris incident to the construction
of buildings C&D debris
Page 166 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 15 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.04.180 Owners responsibility to maintain premises free of debris and waste
matter.
The owner or person in control of any private property shall, at all times, maintain the premises free of waste,
debris or any other waste material, except pursuant to a permit approved by the city engineer for fill and
compaction work, and provided that this section and Section 8.04.170 shall not prohibit the storage of such
waste materials in private receptacles for collection. (Prior code § 5200.17)
8.04.190 Placing of handbills or advertising matter in or upon vehicles.
No person shall throw or deposit any handbills or advertising matter in or upon any vehicle. Provided,
however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge,
to the receiver thereof, such handbills or advertising matter to any occupant of a vehicle who is willing to
accept it. (Prior code § 5200.18)
8.04.200 Storage of certain vehicles prohibited.
Storage or parking of unlicensed vehicles or vehicles not in operating condition, for any period in excess of
thirty days, is prohibited. The owner or person in control of any private property shall keep the premises free of
any such parked or stored vehicles, except where permitted under the city zoning ordinance and pursuant to a
valid city business license. (Prior code § 5200.19)
8.04.210 Clearing of waste matter, debris and vehicles from private property.
A. Notice to Remove. The city engineer is authorized and empowered to notify the owner, his or her agent, or
person in control of any private premises within the city, to dispose of waste matter prohibited by Sections
8.04.170 through 8.04.190. Such notice shall be given by posting the private premises and by certified mail
addressed to the owner, his or her agent, or such other person at his or her last known address, or by personal
service on the owner, agent, person in control or occupant of the property.
B. Content of Notice. The notice shall describe the work to be done and shall state that if the work is not
commenced within five days after receipt of notice and diligently prosecuted to completion without
interruption, the city engineer shall dispose of the litter and the cost thereof shall be a lien on the property. The
notice shall be substantially in the following form:
NOTICE TO REMOVE WASTE MATTER
The owner of the property described as
follows:_________________________________________________________________________________
commonly known as is hereby ordered to properly dispose of the waste matter located on the property, to wit, within
five days from the date thereof. If the disposal of the waste matter herein indicated is not commenced and diligently
prosecuted to completion within the time fixed herein, the city engineer of the City of San Luis Obispo shall cause
such disposal to be done, and the cost thereof, including any incidental expenses will be made a lien upon said
Deleted: rubbish, garbage, refuse, mortar
Page 167 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 16 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
property, pursuant to the provisions of Ordinance No. 250 of the City of San Luis Obispo.
Estimated Cost of Disposal $____________
Date__________
City Engineer of the City
of San Luis Obispo
C. City Engineer to Keep Record. The city engineer shall cause to be kept in his or her office a permanent
record containing: (1) a description of each pared of property for which notice to dispose of waste matter has
been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4)
the charges incurred by the city in disposing of waste matter, and all incidental expenses in connection
therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as
practicable after completion of such act.
D. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to
properly dispose of the waste matter within five days after notice has been given as provided in this section, or
within ten days after the date of mailing such notice in the event the post office department is unable to make
delivery thereof, provided the same was properly addressed to the last known address of such owner or agent,
the city engineer is authorized and empowered to pay for the disposal of such waste matter out of the city
funds or to order its disposal by city forces. The city engineer and his or her authorized representatives,
including any contractor with whom he or she contracts hereunder, and assistants, employees or agents of such
contractor, are authorized to enter upon the property for the purpose of disposing of the waste matter described
in the notice. Before the city engineer arrives, any property owner may dispose of the waste matter at his or her
own expense.
E. Charge to Owner. When the city has effected the removal of such waste matter, or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion
of the work, shall be charged to the owner of such property and the owner, or his or her agent, shall be billed
therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result
in a lien.
F. Recorded Statement Constitutes a Lien. Where the full amount due the city is not paid by such owner
within thirty days after date of the billing by the city engineer, he or she shall cause to be recorded with the city
clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was
done and the location of the property on which the waste disposal work was done. The recordation of such
sworn or certified statement shall constitute a lien on the property, and shall remain in full force and effect for
the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been
made. The costs and expenses shall be subject to a delinquent penalty of ten percent in the event same is not
paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in
accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been
complied with and that the work has been done properly and satisfactorily and shall be full notice to every
Page 168 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 17 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
person concerned that the amount of the statement, plus interest and costs, constitutes a charge against the
property designated or described in the statement and that the same is due and collectible as provided by law.
The city clerk shall record the lien. The remedy provided in this section shall not constitute an election of
remedies by the city. (Prior code § 5200.20)
8.04.211 Mandatory organic waste disposal reduction requirements for Single-
Family Premises.
A. Except responsible parties of single-family premises that meet the self-hauler requirements in section
8.04.218 of this chapter, responsible parties of single-family premises shall comply with the following
requirements:
1. Subscribe to and pay for city’s three-container collection services for weekly collection of recyclable
materials, organic materials, and solid waste generated by the single-family premises and comply with
requirements of those services set forth in this chapter. The franchisee, city and its designee(s) shall
have the right to review the number and size of a generator’s containers to evaluate adequacy of
capacity provided for each type of collection service for proper separation of materials and
containment of materials. The responsible parties for single-family premises shall adjust their service
level for their collection services as requested by the city.
2. Participate in the city’s three-container collection service(s) in the manner described below.
a. Place, or, if responsible party is not an occupant of the single-family premises, direct its
generators to place source separated organic materials, including food waste, in the organic
materials container; source separated recyclable materials in the recyclable materials
container; and solid waste in the solid waste container.
b. Not place, or, if responsible party is not an occupant of the single-family premises, direct its
generators to not place prohibited container contaminants in collection containers and not
place materials designated for the organic materials containers or recyclable materials
containers in the solid waste containers.
B. Nothing in this section prohibits a responsible party or generator of a single-family premises from
preventing or reducing discarded materials generation, managing organic waste on site, and/or using a
community composting site pursuant to 14 CCR Section 18984.9(c).
8.04.212 Requirements for Multi-Family Residential Dwelling.
A. Responsible parties of multi-family premises shall provide or arrange for recyclable materials, organic
materials, and solid waste collection services consistent with this chapter and for employees, contractors, and
tenants. Responsible parties of multi-family premises may receive waivers pursuant to Section 8.04.214 for
some requirements of this section.
Page 169 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 18 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. Except for responsible parties of multi-family premises that meet the self-hauler requirements in Section
8.04.218 of this chapter, including hauling services arranged through a landscaper, responsible parties of multi-
family premises shall:
1. Subscribe to and pay for city’s three or more-container collection services and comply with
requirements of those services for all recyclable materials, organic materials, and solid waste
generated at the multi-family premises as further described below in this section. The franchisee, city
and its designee(s) shall have the right to review the number and size of the generators’ collection
containers and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials. The generator of a
multi-family premises shall adjust their service level for their collection services as requested by the
city or its designee.
2. Participate in the city’s three or more-container collection service(s) for at least weekly collection of
recyclable materials, organic materials, and solid waste in the manner described below.
a. Place and/or direct its generators to place source separated organic materials, including food
waste, in the organic materials container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste container.
b. Not place and/or direct its generators to not place prohibited container contaminants in
collection containers and to not place materials designated for the organic materials
containers or recyclable materials containers in the solid waste containers.
3. Supply and allow access to adequate number, size and location of collection containers with sufficient
labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable
materials container, organic materials container, and solid waste container collection service or, if
self-hauling, consistent with the multi-family premises’ approach to complying with self-hauler
requirements in Section 8.04.218 of this chapter.
4. Annually provide best practice information to employees, contractors, tenants, and customers about
recyclable materials and organic waste recovery requirements and about proper sorting of recyclable
materials, organic materials, and solid waste.
5. Provide education information before or within fourteen (14) days of occupation of the premises to
new tenants that describes requirements to source separate recyclable materials and organic materials
and to keep source separated organic materials and source separated recyclable materials separate
from each other and from solid waste (when applicable) and the location of containers and the rules
governing their use at each property.
6. Provide or arrange access for city and/or its designee(s) to their properties during all inspections
conducted in accordance with this chapter to confirm compliance with the requirements of this
chapter.
Page 170 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 19 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
C. If the responsible party of a multi-family premises wants to self-haul, the responsible party must meet the
self-hauler requirements in Section 8.04.218 of this chapter.
D. Multi-family premises that generate two (2) cubic yards or more of total solid waste, recyclable materials,
and organic materials per week (or other threshold defined by the State) that arrange for gardening or
landscaping services shall require that the contract or work agreement between the owner, occupant, or
operator of a multi-family premises and a gardening or landscaping service specifies that the designated
organic materials generated by those services be managed in compliance with this chapter.
E. Nothing in this section prohibits a responsible party or generator of a multi-family premises from preventing
or reducing discarded materials generation, managing organic waste on site, or using a community composting
site pursuant to 14 CCR Section 18984.9(c).
8.04.213 Requirements for Commercial Businesses.
A. Responsible parties of commercial businesses shall provide or arrange for recyclable materials, organic
materials, and solid waste collection services consistent with this chapter and for employees, contractors,
tenants, and customers. responsible parties of commercial premises may receive waivers pursuant to Section
8.04.214 for some requirements of this section.
B. Except responsible parties of commercial businesses that meet the self-hauler requirements in Section
8.04.218 of this chapter, including hauling services arranged through a landscaper, responsible parties of
commercial premises shall:
1. Subscribe to and pay for city’s three or more-container collection services and comply with
requirements of those services for all recyclable materials, organic materials, and solid waste
generated at the commercial premises as further described below in this section. City and its
designee(s) shall have the right to review the number and size of a commercial premises’ containers
and frequency of collection to evaluate adequacy of capacity provided for each type of collection
service for proper separation of materials and containment of materials. the responsible party of the
commercial business shall adjust their service level for their collection services as requested by the
city or its designee.
2. Participate in the city’s three or more-container collection service(s) for at least weekly collection of
recyclable materials, organic materials, and solid waste in the manner described below.
a. Place and/or direct its generators to place source separated organic materials, including food
waste, in the organic materials container; source separated recyclable materials in the
recyclable materials container; and solid waste in the solid waste container.
b. Not place and/or direct its generators to not place prohibited container contaminants in
collection containers and to not place materials designated for the organic materials
containers or recyclable materials containers in the solid waste containers.
Page 171 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 20 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
3. Supply and allow access to adequate number, size and location of collection containers with sufficient
labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable
materials container, organic materials container, and solid waste container collection service or, if
self-hauling, consistent with the commercial premises’ approach to complying with self-hauler
requirements in Section 8.04.218 of this chapter.
4. Provide containers for customers for the collection of source separated recyclable materials and source
separated organic materials in all indoor and outdoor areas where solid waste containers are provided
for customers, for materials generated by that commercial business. Such containers shall be visible
and easily accessible. Such containers do not need to be provided in restrooms. If a commercial
business does not generate any of the materials that would be collected in one type of container, as
demonstrated through an approved de minimis waiver per Section 8.04.214(A), then the responsible
party of the commercial business does not have to provide that particular container in all areas where
solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the
containers provided by the responsible party of the commercial business shall have either:
a. A container body or lid that conforms with the container colors provided through the
collection service provided by city, with either lids conforming to the color requirements or
bodies conforming to the color requirements or both lids and bodies conforming to color
requirements. The responsible party of the commercial business is not required to replace
functional containers that do not comply with the requirements of this subsection prior to
whichever of the following comes first: (i) the end of the useful life of those containers, or (ii)
January 1, 2036.
b. Container labels that include language or graphic images, or both, indicating the primary
material accepted and the primary materials prohibited in that container, or containers with
imprinted text or graphic images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container
labeling requirements are required on new containers commencing January 1, 2022.
5. To the extent reasonably practical through education, training, inspection, and/or other measures,
prohibit employees from placing materials in a container not designated for those materials per the
city’s recyclable materials container, organic materials container, and solid waste collection service or,
if self-hauling, per the instructions of the commercial business’s responsible party to support its
compliance with self-hauler requirements in Section 8.04.218 of this chapter.
6. Periodically inspect recyclable materials containers, organic materials containers, and solid waste
containers for contamination and inform employees if containers are contaminated and of the
requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and customers about recyclable
materials and organic waste recovery requirements and about proper sorting of recyclable materials,
organic materials, and solid waste.
Page 172 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 21 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8. Provide education information before or within fourteen (14) days of occupation of the premises to
new tenants that describes requirements to source separate recyclable materials and organic materials
and to keep source separated organic materials and source separated recyclable materials separate
from each other and from other solid waste (when applicable) and the location of containers and the
rules governing their use at each property.
9. Provide or arrange access for city or its designee to their properties during all inspections conducted in
accordance with this chapter to confirm compliance with the requirements of this chapter.
C. If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in
Section 8.04.218 of this chapter.
D. Nothing in this section prohibits a responsible party or a generator of a commercial business from
preventing or reducing discarded materials generation, managing organic waste on site, or using a community
composting site pursuant to 14 CCR Section 18984.9(c).
E. Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators
shall comply with food recovery requirements, pursuant to Section 8.04.215 of this chapter.
8.04.214 Waivers for Multi-Family Premises and Commercial Premises.
A. De minimis waivers for multi-family premises and commercial premises. The city or its designee, may
waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste
requirements set forth in this chapter if the responsible party of the commercial business or multi-family
premises provides documentation that the commercial business or multi-family premises meets one of the
criteria in subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total solid waste shall
be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and
organic materials collection service. Hauling through paper shredding service providers or other incidental
services may be considered in granting a de minimis waiver.
1. The commercial business’s or multi-family premises’ total solid waste collection service is two (2)
cubic yards or more per week and recyclable materials and organic materials subject to collection in
recyclable materials container(s) or organic materials container(s) comprises less than twenty (20)
gallons per week per applicable material stream of the multi-family premises’ or commercial
business’s total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty
(20) gallons per week or organic materials in the organic materials stream are less than twenty (20)
gallons per week); or,
2. The commercial business’s or multi-family premises’ total solid waste collection service is less than
two (2) cubic yards per week and recyclable materials and organic materials subject to collection in a
recyclable materials container(s) or organic materials container(s) comprises less than ten (10) gallons
per week per applicable material stream of the multi-family premises’ or commercial business’s total
Page 173 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 22 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
waste (i.e., recyclable materials in the recyclable materials stream are less than ten (10) gallons per
week or organic materials in the organic materials stream are less than ten (10) gallons per week).
B. Physical Space Waivers. The city or its designee may waive a commercial business’s or multi-family
premises’ obligation to comply with some or all of the recyclable materials and/or organic waste collection
service requirements if the city or its designee has evidence from its own staff, a hauler, licensed architect, or
licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers
and/or organic materials containers required for compliance with the recyclable materials and organic materials
collection requirements of Section 8.04.212 or 8.04.213 as applicable. Commercial business’s and multi-
family premises’ should defer to the City’s Engineering Standards for trash enclosure specifications.
C. Review and approval of waivers (deminimis or physical space). Waivers shall be granted to responsible
parties by the city or its designee according to the following process:
1. Responsible parties of premises seeking waivers shall submit a completed application form to the
city’s designee, or the city if there is no designee, for a waiver specifying the waiver type requested,
type(s) of collection services for which they are requesting a waiver, the reason(s) for such waiver,
and documentation supporting such request.
2. Upon waiver approval, the city’s designee, or the city if there is no designee, shall specify that the
waiver is valid for the following duration:
a. For commercial premises, five (5) years, or if property ownership changes, or if occupancy
changes, whichever occurs first.
b. For multi-family premises, five (5) years, or if property ownership changes, or if the property
manager changes, whichever occurs first.
3. Waiver holder shall notify city’s designee, or the city if there is no designee, if circumstances change
such that commercial business’s or multi-family premises’ may no longer qualify for the waiver
granted, in which case waiver will be rescinded.
4. Any waiver holder must cooperate with the city and/or its designee for any on-site assessment of the
appropriateness of the waiver.
5. Waiver holder shall reapply to the city’s designee, or the city if there is no designee, for a waiver upon
the expiration of the waiver period and shall submit any required documentation, and/or
fees/payments as required by the city and/or its designee. Failure to submit a completed application
shall equate to an automatic denial of said application.
6. The city or its designee may revoke a waiver upon a determination that any of the circumstances
justifying a waiver are no longer applicable.
Page 174 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 23 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
7. If the city or its designee does not approve a waiver application or revokes a waiver, the waiver
applicant may appeal the decision for additional review pursuant to Chapter 1.20. The city may also,
after meeting and conferring with the designee, direct the designee to approve the waiver application
and/or repeal the revocation of the waiver.
8.04.215 Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing
January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024,
pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by
others, shall require food facilities operating at the large venue or large event to comply with the requirements
of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed. Food that
is donated shall be free from adulteration, spoilage, and meet the food safety standards of the
California Health and Safety Code. Food cannot be donated if it is not in compliance with the food
safety standards of the California Health and Safety Code, including food that is returned by a
customer, has been served or sold and in the possession of a consumer, or is the subject of a recall.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery
services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food
that the commercial edible food generator self-hauls to the food recovery organization for food
recovery.
3. Not intentionally spoil edible food that is capable of being recovered by a food recovery organization
or a food recovery service.
4. Allow city’s designated enforcement entity or designated third party enforcement entity to access the
premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section
18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food
pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food
recovery organizations:
Page 175 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 24 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
i. The name, address and contact information of the food recovery service or food
recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service
or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-
hauled to a food recovery service or food recovery organization for food recovery.
6. Maintain records required by this section for five (5) years.
7. No later than January 31 of each year commencing no later than January 31, 2023 for tier one
commercial edible food generators and January 31, 2025 for tier two commercial edible food
generators, provide an annual food recovery report to city’s designee, or the city if there is no
designee, that includes the following information:
a. The amount, in pounds, of edible food donated to a food recovery service or food recovery
organization annually; and,
b. The amount, in pounds of edible food rejected by a food recovery service or food recovery
organization annually.
c. Any additional information required by the City Manager or their designee.
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food
donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on
September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of
Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.04.216 Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving edible food directly from commercial edible food
generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which
the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per
month.
Page 176 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 25 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food
recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food
generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which
the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per
month.
3. The name, address, and contact information for each food recovery service that the organization
receives edible food from for food recovery.
C. Maintain records required by this section for five (5) years.
D. Food recovery organizations and food recovery services that have their primary address physically located
in the city and contract with or have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in and the city’s designee, if
applicable, the total pounds of edible food recovered in the previous calendar year from the tier one and tier
two commercial edible food generators they have established a contract or written agreement with pursuant to
14 CCR Section 18991.3(b). The annual report shall be submitted to the city’s designee, or the city if there is
no designee, if applicable, no later than January 31 of each year.
E. In order to support edible food recovery capacity planning assessments or other studies conducted by the
city that provides solid waste collection services, or its designated entity, food recovery services and food
recovery organizations operating in the city shall provide information and consultation to the city’s designee,
or the city if there is no designee, if applicable, upon request, regarding existing, or proposed new or expanded,
food recovery capacity that could be accessed by the city and its commercial edible food generators. A food
recovery service or food recovery organization contacted by the city and/or its designee shall respond to such
request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
F. Nothing in this chapter prohibits a food recovery organization or food recovery service from refusing to
accept edible food from a commercial edible food generator.
8.04.217 Requirements for Haulers and Facility Operators.
A. Requirements for Haulers
Page 177 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 26 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
1. Franchise hauler(s) providing recyclable materials, organic waste, and/or solid waste collection
services to generators within the city’s boundaries shall meet the following requirements and
standards as a condition of approval of its contract, agreement, permit, or other authorization with the
city to collect recyclable materials, organic materials, and/or solid waste:
a. Through written notice to the city annually on or before January 31 of each year, identify the
facilities to which they will transport discarded materials, including facilities for source
separated recyclable materials, source separated organic materials, and solid waste unless
otherwise stated in the franchise agreement, contract, permit, or license, or other authorization
with the city.
b. Transport source separated recyclable materials to a facility that recovers those materials;
transport source separated organic materials to a facility, operation, activity, or property that
recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport
solid waste to a disposal facility or transfer facility or operation that processes or disposes of
solid waste; and transport manure to a facility that manages manure in conformance with 14
CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover
(ADC), or used as alternative intermediate cover (AIC).
c. Obtain approval from the city to haul organic waste, unless it is transporting source separated
organic waste to a community composting site or lawfully transporting C&D in a manner that
complies with 14 CCR Section 18989.1 and city’s Construction and Demolition Debris
Recycling Program.
2. Franchise hauler(s) authorized to collect recyclable materials, organic materials, and/or solid waste
shall comply with education, equipment, signage, container labeling, container color, contamination
monitoring, reporting, and other requirements contained within its franchise agreement, permit, or
other agreement entered into with city.
B. Requirements for Facility Operators and Community Composting Operations
1. Owners of facilities, operations, and activities located in the city’s boundaries that recover organic
waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-
owned treatment works shall, upon city request, provide information regarding available and potential
new or expanded capacity at their facilities, operations, and activities, including information about
throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall
respond within 60 days.
2. Community composting operators with operations located in the city’s boundaries, upon city request,
shall provide information to the city to support organic waste capacity planning, including, but not
limited to, an estimate of the amount of organic waste anticipated to be handled at the community
composting operation. entities contacted by the city shall respond within 60 days.
Page 178 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 27 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.04.218 Recyclable and Organic Materials Self-Hauling Requirements.
A. Every self-hauler shall source separate its recyclable materials and organic materials (materials that city
otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials
and organic materials collection program) generated on-site from solid waste in a manner consistent with 14
CCR Section 18984.1 and the city’s collection program. Self-haulers shall deliver their materials to facilities
described in subsection (b) below.
B. Self-haulers that source separate their recyclable materials and organic materials shall haul their source
separated recyclable materials to a facility that recovers those materials; haul their source separated organic
waste to a facility, operation, activity, or property that processes or recovers source separated organic waste;
and, haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of
solid waste.
C. Self-haulers that are responsible parties of commercial businesses or multi-family premises shall keep
records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility,
operation, activity, or property that processes or recovers recyclable materials and organic waste and processes
or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste
processing facilities. These records shall be subject to review by the city and/or its designee(s). The records
shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic
materials, and solid waste.
2. The amount of material in cubic yards or tons transported by the generator or responsible party to each
entity.
3. If the material is transported to an entity that does not have scales on-site or employs scales incapable
of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of material but shall keep a record of the
entities that received the recyclable materials, organic materials, and solid waste.
D. Self-haulers of food waste shall retain all records and data required to be maintained by this section for no
less than five (5) years after the waste was first delivered to the facility accepting the material.
8.04.219 Inspections and Investigations.
A. City representatives or its designee(s) are authorized to conduct inspections and investigations, at random or
otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for
materials collected from generators, or source separated materials to confirm compliance with this chapter by
generators, responsible parties of single-family premises, responsible parties of commercial businesses,
responsible parties of multi-family premises, commercial edible food generators, haulers, self-haulers, food
recovery services, and food recovery organizations, subject to applicable laws. Inspection of residential
Page 179 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 28 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
containers may only be conducted once container is placed on a curb or sidewalk for the intended purpose of
being serviced. This section does not permit city or its designee to enter the interior of a private residential
property for Inspection, nor does it allow city or its designee to approach a residential structure if containers
are not pulled out to curb or sidewalk for service.
B. Entities regulated by this chapter shall provide or arrange for access during all inspections (with the
exception of residential property interiors) and shall cooperate with the city’s representative or its designee
during such inspections and investigations. Such inspections and investigations may include confirmation of
proper placement of materials in containers, inspection of edible food recovery activities, review of required
records, or other verification or inspection to confirm compliance with any other requirement of this chapter.
failure of a responsible party to provide or arrange for: (i) access to an entity’s premises; or (ii) access to
records for any inspection or investigation is a violation of this chapter and may result in penalties described in
Chapter 8.04.
C. Any records obtained by a city or its designee during its Inspections, and other reviews shall be subject to
the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government
Code Section 6250 et seq.
D. City or its designee shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
E. City representatives and/or their designee are authorized to provide informational notices to entities
regulated by this chapter regarding compliance with this chapter.
8.04.220 Enforcement.
A. The city’s Code Enforcement Division, city engineer, and the police department are specifically
empowered to enforce the provisions of this chapter.
B. No person shall in any manner interfere with the collection or disposal of waste by any person authorized
by franchise to collect and dispose of the same. (Prior code § 5200.13)
C. Beginning January 1, 2024, if the city determines that a generator, responsible party, self-hauler, hauler, tier
one or tier two commercial edible food generator, food recovery organization, food recovery service, or other
entity is not in compliance with Sections 8.04.211-8.04.219, it shall document the noncompliance or violation,
issue a Notice of Violation, and take enforcement action pursuant to this section, as needed.
8.04.230 Violation—Penalty.
In addition to any other remedy authorized by this chapter, any violation of the provisions of
this chapter by any person or restaurant is subject to provisions set forth in Chapter 1.24. (Ord. 1640 § 3 (part),
2017)
Deleted: the health department
Deleted: required
Deleted: , and shall have the right to enter any and all
premises for the purpose of determining whether the
provisions of this chapter are being conformed with, and no
person shall deny or obstruct such entry.
Deleted: garbage, refuse or rubbish
Page 180 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 29 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Chapter 8.05
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM
Sections:
8.05.010 Definitions.
8.05.020 Compliance with CALGreen recycling requirements.
8.05.030 Submission of recycling plan.
8.05.040 Review of recycling plan.
8.05.050 Compliance with recycling plan.
8.05.060 Infeasible exemption.
8.05.070 Appeals.
8.05.080 Civil penalties.
8.05.010 Definitions.
“Applicant” means any individual, firm, limited liability company, association, partnership, political
subdivision, government agency, municipality, industry, public or private corporation, or any other entity
whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or
renovation project within the city, unless otherwise specifically exempted by law.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR
references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14
CCR” refers to Title 14 of CCR). “Compliance official” means the utilities conservation coordinator or his/her
designee.
“Construction” means the building of any structure or any portion thereof including any tenant improvements
to an existing facility or structure.
“Construction and demolition debris” means used or discarded materials removed from premises during
construction or renovation of a structure resulting from construction, remodeling, repair, or demolition
operations on any pavement, house, commercial building, or other structure.
“Conversion rate” means the rate set forth in the standardized conversion rate table approved by the city
pursuant to this chapter for use in estimating the volume or weight of materials identified in a recycling plan.
“Covered project” shall have the meaning set forth in Section 8.05.020(A).
“Deconstruction” means the systematic removal of usable items from a structure.
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure,
pavement or building, whether in whole or in part, whether interior or exterior.
“Divert” means to use material for any purpose other than disposal in a landfill.
Deleted: Every person as defined in this chapter who
violates any of the provisions of this chapter is guilty of a
misdemeanor as set forth in Section 1.12.020. (Prior code
§ 5200.21)¶
Deleted: Threshold for covered projects.
Deleted: A.
Deleted: B.
Deleted: ¶
B.
Deleted: C.
Deleted: D.
Deleted: E.
Deleted: F.
Deleted: G.
Deleted: H.
Deleted: I.
Page 181 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 30 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“Diversion requirement” means the diversion of at least fifty percent by weight of the total construction and
demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an
infeasible exemption pursuant to Section 8.05.060, in which case the diversion requirement shall be the
maximum feasible diversion rate established by the recycling plan compliance official for the project.
“Noncovered project” shall have the meaning set forth in Section 8.05.020(C).
“Enforcement Action" means an action of the city to address non-compliance with this chapter including, but
not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Project” means any activity which requires an application for a building or demolition permit or any similar
permit from the city.
“Renovation” means any change, addition, or modification in an existing structure.
“Reuse” means further or repeated use of construction or demolition debris.
“Salvage” means the controlled removal of construction or demolition debris from a permitted building or
demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.
“Recycling plan” means a completed recycling plan form, approved by the city for the purpose of compliance
with this chapter, submitted by the applicant for any covered or noncovered project. (Ord. 1381 § 1 (part), 2001)
8.05.020 Compliance with CALGreen recycling requirements.A. Persons applying for a permit
from the city for new construction and building additions and alterations shall comply with the requirements of
this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11,
known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent
requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this
section, the CALGreen requirements shall apply.
B. For projects covered by CALGreen or more stringent requirements of the city, the applicants must, as
a condition of the city’s permit approval, comply with the following:
1. Where five (5) or more multi-family dwelling units are constructed on a building site, provide
readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and
collection of recyclable materials container and organic materials container materials, consistent with the three
or more-container collection program offered by the city, or comply with provision of adequate space for
recycling for multi-family premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended
requirements are more stringent than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
2. New commercial or multi-family construction or additions resulting in more than 30% of the
floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials
container and organic materials container materials, consistent with the three or more-container collection
program offered by the city, or shall comply with provision of adequate space for recycling for multi -family
premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
Deleted: J.
Deleted: K.
Deleted: L.
Deleted: M.
Deleted: N.
Deleted: O.
Deleted: P.
Deleted: Threshold for covered projects.
Deleted: ¶
Deleted: (a)
Deleted: (b)
Deleted: (1)
Deleted: (2)
Page 182 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 31 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
3. Comply with CALGreen requirements and applicable law related to management of C&D,
including diversion of organic waste in C&D from disposal. Comply with city’s Construction and Demolition
Debris Recycling Program Ordinance, Chapter 8.05 of City’s Municipal Code, and all written and published
city policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or
reporting of C&D debris.
C. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a
condition of approval on any building or demolition permit issued for a covered project.
D. Control of Waste. Regardless of the project size and requirement for a formal recycling plan, all projects
shall implement control of waste to prevent the release of pollutants to the storm drain system in accordance
with the city’s storm water quality ordinance, set forth in Chapter 12.08. (Ord. 1543 § 4, 2010; Ord. 1381 § 1
(part), 2001)
8.05.030 Submission of recycling plan.
A. Recycling Plan Forms. Applicants for building or demolition permits involving any covered project shall
complete and submit a recycling plan on a recycling plan form approved by the city for this purpose as part of
the application packet for the building or demolition permit. The completed recycling plan shall indicate all of
the following:
1. Identify the construction and demolition waste materials to be diverted from disposal by recycling,
reuse on the project, or salvage for future use or sale.
2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk
mixed (single stream).
3. Identify diversion facilities where the construction and demolition waste material will be taken.
4. Identify construction methods employed to reduce the amount of construction and demolition waste
generated.
5. Specify that the amount of construction and demolition waste materials diverted shall be calculated by
weight.
C. Deconstruction. In preparing the recycling plan, applicants for building or demolition permits involving
the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall
make the materials generated thereby available for salvage. (Ord. 1381 § 1 (part), 2001)
Deleted: (3)
Deleted: A. Covered Projects. All construction and
renovation projects within the city, the valuation of which
are, or are projected to be, greater than or equal to fifty
thousand dollars (“covered projects”), shall comply with this
chapter. The cost of the project shall be the valuation
ascribed to the project by the building official. In addition,
all demolition projects having a total square footage of more
than one thousand square feet shall be a covered project.
Failure to comply with any of the terms of this chapter shall
subject the project applicant to the full range of enforcement
mechanisms set forth in Sections 8.05.050(C)(3) and
8.05.060.¶
B. City-Sponsored Projects. All city-sponsored construction
and renovation projects within the city, the costs of which
are, or are projected to be, greater than or equal to fifty
thousand dollars (“covered projects”) shall comply with this
chapter. The cost of the project shall be the valuation
attributed to the permit issued by the building official. In
addition, all demolition projects having a total square footage
of more than one thousand square feet shall be a covered
project. These city-sponsored covered projects shall submit a
recycling plan to the compliance official prior to beginning
any construction or demolition activities and shall be subject
to all applicable provisions of this chapter with the exception
of Section 8.05.050(C)(3).¶
C. Noncovered Projects. Applicants for construction,
demolition, and renovation projects within the city whose
permit valuations are less than fifty thousand dollars (“non-
covered projects”) shall be encouraged to divert at least fifty
percent of all project-related construction and demolition
debris.¶
Deleted: D
Deleted: E
Deleted: .
Deleted: or volume, but not by both
Deleted: 1. The estimated volume or weight of project
construction and demolition debris, by materials type, to be
generated;¶
2. The maximum volume or weight of such materials that
can feasibly be diverted via reuse or recycling;¶
3. The vendor or facility that the applicant proposes to use
to collect or receive that material; and¶
4. The estimated volume or weight of construction and
demolition debris that will be landfilled.¶
B. Calculating Volume and Weight of Debris. In estimating
the volume or weight of materials identified in the recycling
plan, the applicant shall use the standardized conversion
rates approved by the city for this purpose.¶
Page 183 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 32 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.05.040 Review of recycling plan.
A. Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be
issued for any covered project unless and until the recycling plan compliance official has approved the
recycling plan. Approval shall not be required, however, where an emergency demolition is required to protect
the public health, welfare or safety as determined by the chief building official. The recycling plan compliance
official shall only approve a recycling plan if he or she first determines that all of the following conditions
have been met:
1. The recycling plan provides all of the information set forth in Section 8.05.030(A); and
2. The recycling plan indicates that at least sixty-five percent by weight of all construction and
demolition debris generated by the project will be diverted.
If the recycling plan compliance official determines that these conditions have been met, he or she shall mark
the recycling plan “Approved,” return a copy of the recycling plan to the applicant, and notify the building
department that the recycling plan has been approved.
8.05.050 Compliance with recycling plan.
A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to
the recycling plan compliance official documentation that the diversion requirement for the project has been
met. The diversion requirement shall be that the applicant has diverted at least sixty-five percent of the total
construction and demolition debris generated by the project via reuse or recycling, unless the applicant has
been granted an infeasible exemption pursuant to Section 8.05.060, in which case the diversion requirement
shall be the maximum feasible diversion rate established by the recycling plan compliance official for the
project. This documentation shall include all of the following:
1. Receipts from the vendor or facility which collected or received each material showing the actual
weightof that material;
2. Any additional information the applicant believes is relevant to determining its efforts to comply in
good faith with this chapter.
B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and
demolition debris diverted or landfilled are measured and recorded using the most accurate method of
measurement available. To the extent practical, all construction and demolition debris shall be weighed by
measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and
maintenance. For construction and demolition debris for which weighing is not practical due to small size or
other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to
weight, the applicant shall use the standardized conversion rates approved by the city for this purpose.
Deleted: fifty
Deleted: B. Nonapproval. If the recycling plan compliance
official determines that the recycling plan is incomplete or
fails to indicate that at least fifty percent by weight of all
construction and demolition debris generated by the project
will be reused or recycled, he or she shall either:¶
1. Return the recycling plan to the applicant marked
“Denied,” including a statement of reasons, and so notify the
building department; or¶
2. Return the recycling plan to the applicant marked
“Further Explanation Required.” (Ord. 1381 § 1 (part), 2001)¶
Deleted: fifty
Deleted: or volume
Deleted: 2. A copy of the previously approved recycling
plan for the project adding the actual volume or weight of
each material diverted and landfilled;¶
Deleted: 3.
Page 184 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 33 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
C. Determination of Compliance. The recycling plan compliance official shall review the information
submitted under Section 8.05.050(A) and determine whether the applicant has complied with the diversion
requirement, as follows:
1. Full Compliance. If the recycling plan compliance official determines that the applicant has fully
complied with the diversion requirements applicable to the project, he or she shall approve the recycling
plan and inform the building division that a certificate of occupancy can be issued.
2. Substantial Compliance. If the recycling plan compliance official determines that the diversion
requirement has not been achieved, he or she shall determine on a case-by-case basis whether the
applicant has made a good faith effort and is in substantial compliance with this chapter. In making this
determination, the recycling plan compliance official shall consider the availability of markets for the
construction and demolition debris landfilled, the size of the project, and the documented efforts of the
applicant to divert construction and demolition debris. If the recycling plan compliance official
determines that the applicant has made a good faith effort to comply with this chapter and is in substantial
compliance, he or she shall approve the recycling plan and inform the building division that a certificate
of occupancy can be issued.
3. Noncompliance. If the recycling plan compliance official determines that the applicant is not in
substantial compliance with this chapter, or if the applicant fails to submit the documentation required by
Section 8.05.050(A), then the applicant shall pay a civil penalty as prescribed in Section 8.05.080.
D. Falsification of Records. If the applicant deliberately provides false or misleading data to the city in
violation of this chapter, the applicant may be subject to penalties in addition to those specified in Section
8.05.080. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its
attorneys’ fees and costs from an applicant who is determined by a court of competent jurisdiction to have
violated this chapter.
E. Final Approval. All conditions of this chapter shall be met prior to final approval by the building division.
(Ord. 1381 § 1 (part), 2001)
8.05.060 Infeasible exemption.
A. Application. If an applicant for a covered project experiences unique circumstances that the applicant
believes make it infeasible to comply with the diversion requirement, the applicant may apply for an
exemption at the time that he or she submits the recycling plan required under Section 8.05.030(A). The
applicant shall indicate on the recycling plan the maximum rate of diversion he or she believes is feasible for
each material and the specific circumstances that he or she believes make it infeasible to comply with the
diversion requirement.
Page 185 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 34 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. Meeting with Recycling Plan Compliance Official. The recycling plan compliance official shall review the
information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the
diversion requirement.
C. Granting of Exemption. If the recycling plan compliance official determines that it is infeasible for the
applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the
maximum feasible diversion rate for each material and shall indicate this rate on the recycling plan submitted
by the applicant. The recycling plan compliance official shall return a copy of the recycling plan to the
applicant marked “Exempt” and shall notify the building division that the recycling plan has been approved.
D. Denial of Exemption. If the recycling plan compliance official determines that it is possible for the
applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant
shall have thirty days to resubmit a recycling plan form in full compliance with Section 8.05.030(A). If the
applicant fails to resubmit the recycling plan, or if the resubmitted recycling plan does not comply with Section
8.05.030(A), the recycling plan compliance official shall deny the recycling plan in accordance with Section
8.05.040(B). (Ord. 1381 § 1 (part), 2001)
8.05.070 Appeals.
A. Contents of Appeals. An appeal of the recycling plan compliance official decision may be made to the
utilities director in writing not longer than ten days after the compliance official’s decision. The decision of the
utilities director shall be final. The appellant must specifically state in the notice of appeal:
1. The name and address of the appellant and appellant’s interest in the decision;
2. The nature of the decision appealed from and/or the conditions appealed from;
3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision
or the conditions imposed were unjustified or inappropriate; and
4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in
generalities.
B. Acceptance of Appeal. An appeal shall not be accepted by the utilities director unless it is complete. (Ord.
1381 § 1 (part), 2001)
Deleted: The recycling plan compliance official may
request that staff from the San Luis Obispo County
Integrated Waste Management Authority or designee attend
this meeting or may require the applicant to request a
separate meeting with San Luis Obispo County Integrated
Waste Management Authority staff. Based on the
information supplied by the applicant and, if applicable, San
Luis Obispo County Integrated Waste Management
Authority staff or designee, the recycling plan compliance
official shall determine whether it is possible for the
applicant to meet the diversion requirement.¶
Deleted: Approved for Infeasible Exemption
Page 186 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 35 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.05.080 Civil penalties.
A. Civil Penalty. If the recycling plan compliance official or, upon appeal, the utilities director determines
that an applicant is in noncompliance as described in Section 8.05.050(C)(3), the applicant shall pay a civil
penalty in the amount calculated as two percent of the total project valuation. Until the civil penalty is paid, a
certificate of occupancy may be withheld by the building division.
B. Enforcement. The city attorney is authorized to bring a civil action in any court of competent jurisdiction
to recover such civil penalties for the city of San Luis Obispo. (Ord. 1381 § 1 (part), 2001)
Chapter 8.06
EXPANDED POLYSTYRENE
Sections:
8.06.010 Definitions.
8.06.020 Expanded polystyrene disposable food containers prohibited.
8.06.030 Required biodegradable, compostable, or recyclable disposable food containers.
8.06.040 Prohibited sales.
8.06.050 Exemptions.
8.06.060 Violations.
8.06.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this
section unless the context clearly requires otherwise:
A. “Affordable” means that a biodegradable, compostable or recyclable product may cost up to fifteen
percent more than the purchase cost of comparable EPS alternatives.
B. “ASTM standard” means meeting the standards of the American Society for Testing and Materials
(ASTM) international standard D6400 or D6868 for biodegradable and compostable plastics, as those
standards may be amended.
C. “Biodegradable” means compostable (separately defined) or the ability of organic matter to break down
from a complex to a more simple form through the action of bacteria or to undergo this process.
D. “City facility” means any building, structure or vehicle owned and operated by the city of San Luis
Obispo, its agents, agencies, and departments.
Page 187 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 36 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
E. “City contractor” means any person or entity that enters into an agreement with the city to furnish products
or services to or for the city.
F. “Compostable” means all the materials in the product or package will break down, or otherwise become
part of usable compost (e.g., soil-conditioning material, mulch). Compostable disposable food containers must
meet ASTM standards for compostable materials.
G. “Disposable food container” is interchangeable with “to go” packaging and “food packaging material” and
means all containers that are used to hold prepared food or drinks. Disposable food containers include
clamshells, bowls, plates, trays, cartons, and cups that are intended for single use, including, without
limitation, food containers for takeout foods and/or leftovers from partially consumed meals prepared by food
providers. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it
include single-use disposable packaging for unprepared foods.
H. “Events promoter” means an applicant for any event permit issued by the city or any city employee(s)
responsible for any city-organized event.
I. “Expanded polystyrene” or EPS means blown expanded and extruded polystyrene or other plastic foams
which are processed by any number of techniques including, but not limited to, fusion of monomer spheres
(expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam
plastic). Expanded polystyrene and other plastic foam is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays, ice chests, shipping boxes and packing peanuts.
J. “Expanded polystyrene products” means any item such as coolers, ice chests, cups, bowls, plates, clamshell
containers, shipping boxes, or any other merchandise made from expanded polystyrene that is not wholly
encapsulated or encased by a more durable material.
K. “Food provider” means any establishment located within the city that is a retailer of prepared food or
beverages for public consumption including, but not limited to, any store, supermarket, delicatessen,
restaurant, shop, caterer or mobile food vendor.
L. “Person” means an individual, business, event promoter, trust, firm, joint stock company, corporation,
nonprofit, including a government corporation, partnership, or association.
M. “Prepared food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared within the city. Prepared food does not include raw, butchered
meats, fish and/or poultry sold from a butcher case or similar food establishment.
N. “Recyclable” means any material that is specified in the franchise agreement with the city’s solid waste
removal provider including, but not limited to, aluminum, tin and bi -metal cans, clear and colored glass
containers, high density polyethylene (HDPE), polyethylene terephthalate (PET), clear or rigid polystyrene,
corrugated cardboard and mixed paper.
Page 188 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 37 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
O. “Vendor” means any store or business which sells or offers goods or merchandise, located or operating
within the city of San Luis Obispo, including those referenced in the definition of “food provider.” (Ord. 1617
§ 3 (part), 2015)
8.06.020 Expanded polystyrene disposable food containers prohibited.
A. Food providers within the city of San Luis Obispo may not provide prepared food in or provide separately
any disposable food container made from expanded polystyrene, except as exempted in Section 8.06.050.
B. Disposable food containers made from expanded polystyrene are prohibited from use in all city facilities.
C. City contractors in the performance of city contracts and events promoters may not provide prepared food
in disposable food containers made from expanded polystyrene. (Ord. 1617 § 3 (part), 2015)
8.06.030 Required biodegradable, compostable, or recyclable disposable food
containers.
A. All food providers within the city utilizing disposable food containers shall use biodegradable,
compostable or recyclable products.
B. All city facilities utilizing disposable food containers shall use biodegradable, compostable or recyclable
products.
C. City contractors and events promoters utilizing disposable food containers shall use biodegradable,
compostable, or recyclable products while performing under a city contract or permit. (Ord. 1617 § 3 (part), 2015)
8.06.040 Prohibited sales.
No vendor or events promoter in the city may sell or otherwise provide any expanded polystyrene product
which is not wholly encapsulated or encased within a more durable material, except as exempted in Section
8.06.050. This specifically includes, but is not limited to, cups, plates, bowls, trays, clamshells and other
products intended primarily for food service use, as well as coolers, containers, ice chests, shipping boxes,
packing peanuts, or other packaging materials. (Ord. 1617 § 3 (part), 2015)
8.06.050 Exemptions.
A. The city manager or designee may exempt a food provider from the requirements set forth in Section
8.06.020(A) for a single, one-year period upon the food provider showing, in writing, that this chapter would
create an undue hardship or practical difficulty as evidenced by no alternatives being available or such
Page 189 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 38 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
alternatives are not affordable. The city manager or designee shall put the decision to grant or deny a one-year
exemption in writing, and the decision shall be final.
B. Exemptions to allow for the sale or provision of expanded polystyrene products may be granted by the city
manager or designee, if the vendor can demonstrate in writing a public health and safety requirement or
medical necessity to use the product. The city manager or designee shall put the decision to grant or deny the
exemption in writing and the decision shall be final.
C. An exemption application shall include all information necessary for the city manager or designee to make
a decision, including but not limited to documentation showing factual support for the claimed exemption. The
city manager or designee may require the applicant to provide additional information.
D. The city manager or designee may approve the exemption application in whole or in part, with or without
conditions.
E. Foods prepared or packaged outside the city and sold inside the city are exempt from the provisions of this
chapter.
F. Raw meat, fish and other raw food trays are exempt from the provisions of this chapter.
G. Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable
material are exempt from the provisions of this chapter. Examples include surfboards, life preservers, and craft
supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard
plastic.
H. Construction products made from expanded polystyrene are exempted from this chapter if the products are
used in compliance with Title 15, Buildings and Construction, and Chapter 12.08, Urban Storm Water Quality
Management and Discharge Control, and used in a manner preventing the expanded polystyrene from being
released into the environment.
I. In a situation deemed by the city manager to be an emergency for the immediate preservation of the public
peace, health or safety, city facilities, food providers, city contractors and vendors doing business with the city
shall be exempt from the provisions of this chapter.
J. Expanded polystyrene packaging products which have been received from sources outside the city may be
reused to be kept out of the waste stream. (Ord. 1617 § 3 (part), 2015)
8.06.060 Violations.
A. Any violation of the provisions of this chapter by any person is subject to administrative fines as provided
in Chapter 1.24, which may be appealed pursuant to the procedures in that chapter.
Page 190 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 39 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. For the first violation, the city manager or designee may allow the violating food provider, in lieu of
payment of the administrative fine, to submit receipts demonstrating the purchase after the citation date of
biodegradable, compostable, or recyclable products in an amount equal to the amount of the citation.
C. Food providers or vendors who violate this chapter in connection with city permitted special events shall
be assessed fines as follows:
1. A fine not to exceed two hundred dollars for an event of one to two hundred persons.
2. A fine not to exceed four hundred dollars for an event of two hundred one to four hundred persons.
3. A fine not to exceed six hundred dollars for an event of four hundred one to six hundred persons.
4. A fine not to exceed one thousand dollars for an event of six hundred or more persons.
D. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be
remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive
relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at
law or in equity. (Ord. 1617 § 3 (part), 2015)
Chapter 8.07
PLASTIC BOTTLED BEVERAGES AND WATER BOTTLE FILLING
STATIONS
Sections:
8.07.010 Definitions.
8.07.020 Sale/distribution of single-use plastic bottled beverages (under twenty-one ounces) on city
property restricted.
8.07.030 New leases, permits, and agreements.
8.07.040 Restricting use of city funds.
8.07.050 Increasing availability of public drinking water.
8.07.060 Exceptions.
8.07.070 Implementation and enforcement.
Page 191 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 40 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.07.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this
section unless the context clearly requires otherwise:
A. “Bottled beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks, juice, or
other similar product in a rigid plastic bottle having a capacity of twenty-one fluid ounces or less, and intended
primarily as a single-service container.
B. “City property” means real property, including buildings thereon, owned or leased by the city of San Luis
Obispo (“city”), and in the city’s possession or in the possession of any entity under contract with the city.
This includes but is not limited to city offices and facilities, plazas, parks, and public right-of-way (sidewalks
and streets).
C. “City street” means the public right-of-way (e.g., streets, sidewalks, public alleys).
D. “Event” means any activity which requires a permit pursuant to Chapter 5.80 or Section 12.20.050(C) with
three hundred or more persons in attendance or any event which requires a permit pursuant to Chapter 5.80 or
Section 12.20.050(C) which is located at Mission Plaza or the Jack House.
E. “Participant athletic event” means an event in which a group of people collectively walk, jog, run, bicycle
or otherwise participate in a sport or similar activity on city property.
F. “Rigid plastic bottle” means any formed or molded container made of predominantly plastic resin, having a
relatively inflexible fixed shape or form, and intended primarily as a single-service container. (Ord. 1641 § 3
(part), 2017)
8.07.020 Sale/distribution of single-use plastic bottled beverages (under twenty-one
ounces) on city property restricted.
A. On or after March 1, 2018, no person may sell or distribute bottled beverages at an event held indoors or
outdoors on city property.
B. In the event that containers greater than twenty-one ounces in size are utilized, single-use containers (e.g.,
single-use plastic cups) may not be used in the serving of beverages. The use of reusable containers is required.
(Ord. 1641 § 3 (part), 2017)
8.07.030 New leases, permits, and agreements.
On or after March 1, 2018, the city shall not issue any new leases, contracts, permits, bid proposals,
solicitations, or other form of agreement allowing use of city property for purposes that would include the
sale/distribution of bottled beverages. This provision shall apply to any such permit renewed, extended, or
materially amended as of March 1, 2017. (Ord. 1641 § 3 (part), 2017)
Page 192 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 41 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.07.040 Restricting use of city funds.
A. City funds shall not be used to purchase bottled beverages except as exempted or allowed under this
chapter. The city’s purchasing policies shall be amended for consistency with this chapter.
B. It shall be city policy not to have drinking water systems in city offices/facilities that use bottled beverages
of any size where sufficient alternatives exist and are feasible. City offices/facilities shall conform drinking
water systems to this policy where reasonable. (Ord. 1641 § 3 (part), 2017)
8.07.050 Increasing availability of public drinking water.
A. It shall be city policy to increase the availability of drinking water for public consumption in public areas
by ensuring access to drinking fountains, potable water hook-ups, and with particular emphasis on providing
water bottle filling stations. City departments will take all reasonable and appropriate steps to promote and
facilitate achievement of the intent and requirements of this chapter.
B. It shall be city policy that capital improvement projects in a park, plaza, playground, or other public space
shall install devices that provide appropriate availability of drinking water for public consumption such as
water bottle filling stations, drinking fountains, and/or potable water hook-ups for public use, if the department
finds the installation is proximate and feasible with the scale and scope of the project.
C. It shall be city goal to encourage the inclusion of water bottle filling stations for public use in privately
owned developments. (Ord. 1641 § 3 (part), 2017)
8.07.060 Exceptions.
A. The provisions of this chapter shall not apply where the city manager or department finds that relying on
bottled beverages (e.g., bottled water) is necessary in a given situation to protect the public health, safety and
welfare, and no reasonable alternative will serve the same purpose.
B. The provisions of this chapter shall not apply to emergencies.
C. The city manager or designee responsible for permitting an event or issuing a lease on city property may
waive the requirements of this chapter in full or in part if it is demonstrated to the satisfaction of the city
manager or designee that strict compliance would not be feasible, would create undue hardship or practical
infeasibility, or that other reasonable circumstances warrant waiving the requirements of this chapter.
D. The provisions of this chapter shall not apply where there are hydration requirements for employees
working outside (i.e., fieldwork) and no reasonable alternative to plastic beverage bottles will serve the same
purpose.
E. The provisions of this chapter shall not apply to the sale/distribution of bottled beverages to participants of
a participant athletic event.
Page 193 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 42 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
F. The provisions of this chapter do not apply to an event where the applicant submitted a complete
application for review, or received approval, prior to the effective date of the ordinance codified in this
chapter.
G. Nothing in this chapter shall be construed to impair a lease, contract, permit, bid proposal, solicitation, or
other form of agreement to which the city is a party on the effective date of the ordinance codified in this
chapter. (Ord. 1641 § 3 (part), 2017)
8.07.070 Implementation and enforcement.
A. Prior to March 1, 2018, the city and departments issuing permits and/or other agreements shall take
appropriate steps to update application checklists and other materials as well as educate and inform the public
about the requirements of this chapter.
B. In addition to any other remedy available, any violation of the provisions of this chapter by any person is
subject to the following administrative fines pursuant to the procedures of Chapter 1.24:
1. A fine not to exceed two hundred dollars for an event of one to two hundred persons;
2. A fine not to exceed four hundred dollars for an event of two hundred one to four hundred persons;
3. A fine not to exceed six hundred dollars for an event of four hundred one to six hundred persons; and
4. A fine not to exceed one thousand dollars for an event of six hundred or more persons. (Ord. 1641 § 3
(part), 2017)
Chapter 8.08
HAZARDOUS WEEDS AND DEBRIS
Sections:
8.08.010 Definitions.
8.08.020 Nuisance declared—Permitting accumulation of weeds and debris unlawful—Permission
required to burn weeds or debris.
8.08.030 Notice to abate—Generally.
8.08.040 Notice to abate—Mailing and posting.
8.08.050 Abatement by city—Authority.
8.08.060 Report and assessment list—Contents and filing.
8.08.070 Report and assessment list—Notice of filing.
8.08.080 Rubbish detrimental to health prohibited.
8.08.090 Rat harbors prohibited.
Page 194 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 43 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.08.100 Violation Sections 8.08.080 and 8.08.090—Penalty.
8.08.010 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings respectively as cited to
them in this section:
A. “Weeds” means any of the following:
1. Weeds which, when mature, bear seeds of a downy or wingy nature;
2. Any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent
improved property;
3. Weeds which are otherwise noxious or dangerous;
4. Poison oak and poison ivy when the conditions are such as to constitute a menace to the public health;
and
5. Dry grass, stubble, brush, litter, or other flammable material, which endangers the public safety by
creating a fire hazard.
B. “Debris” means waste matter, litter, trash, refuse, rubbish, dirt, dry grass, dead trees, tin cans, paper, waste
material of every kind, or other unsanitary substance, object or condition which is, or when dry may become, a
fire hazard, or which is or may become a menace to health, safety or welfare, or which is offensive to the
senses.
C. “Street” means and includes public streets, alleys, parkways, driveways, sidewalks, and areas between
sidewalks and curbs. (Prior code § 5220.1)
8.08.020 Nuisance declared—Permitting accumulation of weeds and debris
unlawful—Permission required to burn weeds or debris.
The council declares that all weeds growing upon private property or streets in the city and all debris on private
property or streets in the city are public nuisances. Also, it is unlawful for any property owner in the city to
cause or permit any debris to be or remain on any real property in the city or on portions of streets adjoining
such real property to the centerline of such streets. It shall be the duty of every such person to remove or
destroy such weeds and/or debris. Destruction by burning within the city shall be unlawful unless the written
permission of the chief of the fire department is first obtained. (Prior code § 5220.2)
Page 195 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 44 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.08.030 Notice to abate—Generally.
Whenever the fire chief or his or her authorized representative finds weeds, rubbish or similar material upon
any property, lands or lots in the city, which, in his or her opinion, may become a fire hazard, endanger or
injure neighboring property, or be detrimental to the health or welfare of the residents in the vicinity of such
property, lands or lots, he or she shall cause to be given to the owner of the property a notice to remove such
weeds, rubbish or other material which may constitute a fire hazard or public nuisance in the manner provided
in this chapter. (Prior code § 5220)
8.08.040 Notice to abate—Mailing and posting.
A. In the event the person or persons owning, occupying, renting, managing or controlling any real property
in the city shall fail to remove therefrom, and from the portions of streets adjoining such property, all weeds
and debris in accordance with the provisions of this chapter, it shall be the duty of the city fire chief to notify
such person or persons to remove the same. Such notice shall be in writing and shall be deposited in the United
States Post Office at San Luis Obispo, California, with postage thereon prepaid and addressed to such owner at
his or her last known place of address as shown on the assessment roll of the city or of the county, and if no
such address is there shown or is known, then to General Delivery, San Luis Obispo, California.
B. If such property is occupied and the mailing address thereof is different from that of the owner as shown
on the assessment roll, then an additional copy shall be similarly mailed to the occupant of such property at the
mailing address thereof. Also, such notice shall be posted in a conspicuous place upon the property, land or lot
upon which such weeds, rubbish or similar material are found. Such notice shall contain a description of such
property, which description may be the number of the lot and block and the name of the map, tract or
subdivision in which such real property lies, or may be the street and number thereof, or may be any other
description by which the property may be reasonably and readily identified. One or more lots or blocks of land
may be described in one and the same statement or notice. (Prior code § 5220.3)
8.08.050 Abatement by city—Authority.
In the event the person or persons owning, occupying, renting, managing or controlling real property in the city
shall fail to remove or destroy weeds and debris in accordance with the notice given pursuant to the provisions
of Section 8.08.040 within ten calendar days after the mailing of such notice, it shall be the duty of the fire
chief and his or her deputies, assistants, employees, contracting agents, or other representatives, including,
without limitation, members of the public works department of the city, to destroy or remove such weeds and
debris, and they, and each of them, are expressly authorized to enter upon private property for such purpose,
and it is unlawful for any person to interfere, hinder or refuse to allow them to enter upon private property for
such purpose and to destroy or remove weeds and debris in accordance with the provisions of this part. Any
person owning, occupying, renting, managing, leasing or controlling real property in the city shall have the
right to destroy or remove weeds and debris, or have the same destroyed or removed at his or her own expense,
at any time prior to the arrival of the fire chief or his or her authorized representative for such purpose. (Prior
code § 5220.4)
Page 196 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 45 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.08.060 Report and assessment list—Contents and filing.
The fire chief shall keep an account of the costs to the city to destroy or remove weeds and debris, as provided
in Section 8.08.050, for each separate lot or parcel of land and the portions of streets adjoining the same and
shall embody such account in a report and assessment list to the council, which report shall be filed with the
city clerk and a copy thereof with the director of finance. Such report shall refer to each separate lot or parcel
of land by description sufficient reasonably to identify same, together with the expense proposed to be assessed
against it, which shall include a seventy-five percent administrative charge and such penalty fees as may be
adopted by resolution from time to time by the council. (Ord. 955 (part), 1983: prior code § 5220.5)
8.08.070 Report and assessment list—Notice of filing.
The city clerk shall post a copy of such report and assessment list on or near the door of the Council Chamber
of the City Hall, together with the notice of the filing thereof and of the time and place when and where it will
be submitted to the council for hearing and confirmation. The posting shall be for at least five calendar days
prior to the submission of the report to the council. The fire chief shall mail to the persons, and in the manner
prescribed in Section 8.08.040, a notice substantially in the following form:
ASSESSMENT FOR DESTRUCTION OR REMOVAL OF FIRE HAZARD AND NOTICE OF HEARING
THEREON
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 8.08 of the San Luis Obispo Municipal
Code, the Fire Chief has destroyed or removed weeds and debris from the real property owned, occupied, rented,
managed, or controlled by you and from the portions of streets, alleys, and sidewalks adjoining the same, which real
property is described as follows:
(Here insert description of real property sufficient for reasonable and ready identification.)
The cost of said destruction or removal proposed to be assessed against said property including a 75% administrative
charge and a $_____ penalty fee, is $_____. (Ord. 854. § 1980 Series).
NOTICE IS HEREBY GIVEN that on the _____ day of __________, 19___ at the hour of ______m., in the Council
Chambers of City Hall at 990 Palm Street, San Luis Obispo, California, the report of the Fire Chief on the cost of
destruction or removal of weeds and/or debris and the assessment list thereon will be presented to the City Council
for consideration, correction, and confirmation and that at said time and place, any and all persons interested in or
having any objections to said report or list or proposed assessments, or to any matter or thing contained herein, may
appear and be heard. The failure to make any objection to said report and list shall be deemed a waiver of the same.
Upon confirmation of said assessment by the City Council, the amount thereon will be payable. In the evens the same
is not paid on or before the 15th day of August following the aforesaid hearing, said assessment will be added to the
tax bill for said property and thereafter shall become a lien on said property.
Date:_______________
__________________________
San Luis Obispo City Fire
Chief By Fire Marshal
Page 197 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 46 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
(Ord. 955 (part), 1983: prior code § 5220.6)
8.08.080 Rubbish detrimental to health prohibited.
No person shall have or permit upon any premises owned, occupied or controlled by him or her, any nuisance
detrimental to health or any accumulation of rubbish, filth, garbage, decaying animal or vegetable matter or
any animal or human excrement. (Prior code § 5220.7)
8.08.090 Rat harbors prohibited.
All accumulation of boxes, boards or other material liable to harbor rats or other rodents shall be neatly piled
on racks at least eighteen inches above the ground, except that lumber in commercial lumberyards shall be kept
at least six inches above the ground. (Prior code § 5220.8)
8.08.100 Violation Sections 8.08.080 and 8.08.090—Penalty.
If after being notified by any police or health Officer any person shall fail, neglect or refuse to abolish, abate or
remove, within one day, any of the matters of things mentioned in Section 8.08.080 or Section 8.08.090 then
the city may abolish, abate or remove the same and the person whose duty it was to do so, in addition to
incurring penalties provided in this chapter shall become indebted to the city for the costs and charges so
expended. (Ord. 979 § 1, 1983: prior code § 5220.9)
Chapter 8.09
SINGLE-USE STRAWS
Sections:
8.09.010 Definitions.
8.09.020 Beverage straws upon request.
8.09.030 Exceptions.
8.09.040 Implementation and enforcement.
8.09.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in th is
section unless the context clearly requires otherwise:
A. “Dine-in customer” means a customer that consumes a food or beverage order on the same premises it was
ordered.
Page 198 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 47 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. “Single-use” means a product that is designed to be only used one time in its same form by the customer,
food vendor or entity.
C. “Take-out food orders” means prepared meals or other food or beverage items that a customer purchases at
an establishment and are intended for consumption elsewhere.
D. “Vendor” means any business providing food or beverages within the city of San Luis Obispo. (Ord. 1640
§ 3 (part), 2017)
8.09.020 Beverage straws upon request.
On or after March 1, 2018, any vendor shall ask each dine-in customer if the customer wants a single-use
beverage straw before providing a single-use beverage straw to the customer. (Ord. 1640 § 3 (part), 2017)
8.09.030 Exceptions.
Take-out food orders are exempt from this chapter. (Ord. 1640 § 3 (part), 2017)
8.09.040 Implementation and enforcement.
In addition to any other remedy authorized by this code, any violation of the provisions of this chapter by any
person or restaurant is subject to administrative fines as provided in Chapter 1.24. (Ord. 1640 § 3 (part), 2017)
Chapter 8.12
ABATEMENT OF DANGEROUS OBSTRUCTIONS IN STREAMBEDS
Sections:
8.12.010 Title Purpose.
8.12.020 Definitions.
8.12.030 Enforcement authority.
8.12.040 Dry season—Inspection for dangerous obstructions—Abatement procedures.
8.12.050 Rainy season—Inspection for dangerous obstructions—Emergency abatement procedures.
8.12.060 Rainy season—Removal of dangerous obstruction at public expense pursuant to owner’s
prior authorization.
8.12.070 Removing or defacing notices unlawful—Obstructing abatement unlawful.
8.12.080 Obstructions of drainage channels—Abatement.
8.12.090 Abatement charges made lien.
8.12.100 Drainage improvements—Approval required.
Page 199 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 48 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.12.010 Title Purpose.
This chapter shall be cited as “Regulations for the Abatement of Dangerous Obstructions in Streambeds.” It is
the purpose of this chapter to provide a speedy, just, equitable and practicable method, to be cumulative to any
other remedy available at law or equity, whereby, during the rainy season each year, the city may summarily
remove, or require the removal of, structures, trees and other things which have fallen, or which are in
imminent danger of falling, into lakes, creeks and streambeds within the city. Such summary removal is
necessary because fallen trees, structures, and other things tend to clog drainage channels, bridges and culverts
and to restrict and interfere with the free flow of water during periods of heavy runoff, thereby creating an
increased danger of flooding. (Prior code § 5221.1)
8.12.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Dangerous obstruction” means any tree, structure, debris or other thing with a maximum dimension of
four feet or more which exists, or which has fallen or is likely to fall during a subsequent flood or wind storm,
at a location within or along a streambed where the obstruction could cause interference with or diversion of
the stream flow, or could become waterborne during periods of heavy runoff; provided, however, that it shall
not mean natural rock or soil formations.
B. “Dry season” means the period extending from May 1st through October 31st of any given year.
C. “Rainy season” means the period extending from November 1st of any given year through April 30th of
the succeeding year.
D. “Tree committee” means a technical committee appointed by the council to advise and assist the director
of public works in evaluating whether or not any live and standing tree constitutes a dangerous obstruction.
(Ord. 1051 § 1 (part), 1985: prior code § 5221.2)
8.12.030 Enforcement authority.
The director of public works is authorized to make such inspections and take such action as may be required to
enforce the provisions of this chapter; provided, however, that a decision by the director of public works that
any live and standing tree constitutes a dangerous obstruction shall be of no force and effect for the purpose of
this chapter, except in an emergency situation, unless, and until, the tree committee has reviewed and advised
the director of their recommendation. Should the recommendation of the tree committee be unacceptable to the
director of public works, he or she shall take the issue to the city administrative officer resolution. In the case
where the director must act due to an emergency situation he or she shall first advise the city administrative
officer. (Ord. 1051 § 1 (part), 1985: prior code § 5221.3)
Page 200 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 49 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.12.040 Dry season—Inspection for dangerous obstructions—Abatement
procedures.
During the period May 1st through September 30th of each year, the director of public works shall inspect all
trees, structures and other things within and adjacent to streams, channels and watercourses within the city to
determine whether or not any such thing constitutes a dangerous obstruction, as defined in subsection A of
Section 8.12.020. Whenever he or she finds any such dangerous obstruction, he or she shall institute public
nuisance abatement proceedings for the removal of such obstruction as a hazard, as provided in Chapter 8.24,
in sufficient time to permit the completion of the abatement proceedings, including appeals therefrom, before
November 1st of the year. (Ord. 1051 § 1 (part), 1985: prior code § 5221.4)
8.12.050 Rainy season—Inspection for dangerous obstructions—Emergency
abatement procedures.
A. Thereafter, during the period extending from November 1st of any given year through April 30th of the
succeeding year, the director of public works, after each storm or other occurrence which causes a flow in any
stream equal to one-half or more of the capacity of the stream, shall inspect the streambed to determine
whether or not there are any dangerous obstructions therein. Any such dangerous obstruction found by him or
her is declared to be a public nuisance which may be summarily abated pursuant to the emergency procedures
set out in this section.
B. The director of public works shall notify the owner and resident of the real property involved of the
existence of a dangerous obstruction upon his or her property by all of the following methods, where
applicable:
1. Posting notice adjacent to the main driveway entrance to the property;
2. Posting notice upon the main entrance of the principal residence or business building upon the
property;
3. Sending notice by certified mail, return receipt requested, to the person listed on the assessor’s latest
equalized roll as to the owner thereof; and
4. Sending notice by certified mail, return receipt requested, to the occupant of the principal residence
upon the property, addressed to the street address thereof.
C. If no protest has been filed with the city clerk by the owner or resident of the property within five days of
the mailing of the letters and the posting of the notices, the city or its contract agent may enter upon the
property and abate the dangerous obstruction. The costs of abatement shall be assessed as a tax lien upon the
property pursuant to the provisions of Sections 8.24.130 through 8.24.150.
D. If the owner or resident files a protest within the five-day period, the council shall meet in emergency
session to determine whether or not the tree, structure or other thing in question constitutes a dangerous
Page 201 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 50 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
obstruction. The decision of the council shall be final and the city may proceed with the summary abatement of
any such thing found to be a dangerous obstruction by the council; provided, however, that the council shall
first deliver written notice of its intention to proceed with abatement to any adult person found at the residence
address within the city given by the owner or resident in the protest; and, further provided, that the summary
abatement shall not commence until at least three regular working days after the delivery of the notice. The
costs of abatement shall be assessed as a tax lien upon the property pursuant to the provisions of Sections
8.24.130 through 8.24.150.
E. Before the city summarily removes any obstructions under the provisions of subsection D of this section,
the city shall prepare and file with the city clerk a detailed report setting forth its reasons for finding the
existence of a dangerous obstruction. Wherever possible, photographs should be provided to augment the
report. The report and photographs shall be public records available at all times for inspection by the public.
(Ord. 1051 § 1 (part), 1985: prior code § 5221.5)
8.12.060 Rainy season—Removal of dangerous obstruction at public expense
pursuant to owner’s prior authorization.
On or before September 30th of each year, the owner of any real property within a streambed may file written
authorization with the director of public works for the city to enter upon his or her property and summarily
remove any dangerous obstruction found on the property during the ensuing rainy season, without the
obligation of providing him or her with further notice or opportunity to be heard. The authorization would
assist and expedite the city’s effort to protect the public health, safety and welfare during the rainy season, and
the director of public works is authorized to remove any such obstruction at city expense. (Ord. 1051 § 1 (part),
1985: prior code § 5221.6)
8.12.070 Removing or defacing notices unlawful—Obstructing abatement
unlawful.
A. It is unlawful for any person to remove, deface or mutilate any notice, order, statement or resolution
posted pursuant to the provisions of this chapter.
B. It is unlawful for any person to obstruct, impede or interfere with any owner or his or her agent or with any
representative of the city when engaged in performing any act reasonably necessary for the execution of any
order of abatement issued pursuant to this chapter. (Prior code § 5221.7)
8.12.080 Obstructions of drainage channels—Abatement.
Any structure, fence, conduit, wall, tree, masonry, pipe, lumber or other material which obstructs or constitutes
a hazard to the free flow of water through a stream, drainage channel or watercourse is declared to be a public
nuisance. Any such public nuisance may be abated under the direction of the director of public works fifteen
days after the official has caused a notice of the hazardous condition to be mailed to the concerned property
Page 202 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 51 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
owner or owners by registered mail return receipt requested with a five-day return requested and the cost of
such removal shall, after confirmation by the council, constitute a lien and special assessment against the
concerned parcel or parcels in accordance with Sections 38773 and 38773.5 of the Government Code of the
state, unless the property owner maintaining such nuisance files an appeal from the determination of the
director of public works to the council with the city clerk within ten days from the date of mailing the required
notice to the property owner. In the event such an appeal to the council is filed, a hearing will be held before
the council and no action shall be taken by the director of public works to abate the condition which he or she
has classified as a public nuisance until the council has announced its decision. At least ten days prior to the
date set for such hearing, the city clerk shall mail a notice by certified or registered mail return receipt
requested to the owner of the affected parcel or parcels as shown on the last equalized assessment roll. The
owner of the real property on which the nuisance is located may appear in person at the hearing or present a
written statement under penalty of perjury in time for consideration at the hearing explaining why, in his or her
opinion, the condition of the property does not constitute a nuisance or why the cost of abating the public
nuisance should not be assessed against the property upon which the nuisance is located. (Ord. 1051 § 1 (part),
1985: prior code § 5220.10)
8.12.090 Abatement charges made lien.
If the property owner fails to appeal to the city council within the allotted time or if the council finds that the
condition of the property noted by the city engineer constitutes a public nuisance and that the property owner
should be responsible for the cost of removing such nuisance, the full cost of abating the public nuisance shall
be made a special assessment against the concerned parcel or parcels. The precise cost of the removal shall be
announced and confirmed by the city council at a duly noticed hearing of the council as soon as the final costs
have been ascertained. The assessment may be collected at the same time and in the same manner as ordinary
municipal taxes are collected and shall be subjected to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and
enforcement of municipal taxes shall be applicable to such special assessment. (Prior code § 5220.11)
8.12.100 Drainage improvements—Approval required.
Any and all drainage improvements on private property must be approved by the city engineer prior to
installation. Failure to secure such approval shall render the improvement subject to the public nuisance
abatement procedure set forth in Section 8.12.080. (Prior code § 5220.12)
Chapter 8.14
TOBACCO RETAILER LICENSES
Sections:
8.14.010 Purpose.
8.14.020 Definitions.
Page 203 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 52 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.14.030 Requirement for tobacco retailer license.
8.14.040 Application procedure.
8.14.050 Issuance of license.
8.14.060 Display of license.
8.14.070 Fees for license.
8.14.080 Licenses nontransferable.
8.14.085 Noncompliance with tobacco related laws—License violation.
8.14.090 License compliance monitoring.
8.14.100 Suspension or revocation of license.
8.14.110 Appeal of suspension and/or revocation.
8.14.120 Administrative fine—Penalties—Enforcement.
8.14.130 Severability.
8.14.010 Purpose.
It is the intent of the city of San Luis Obispo, in enacting this chapter, to discourage violations of laws which
prohibit or regulate the sale or distribution of tobacco products to minors, but not to expand or reduce the
degree to which the acts regulated by state or federal law are criminally proscribed or to alter the penalty
provided therefor. (Ord. 1440 § 1 (part), 2003)
8.14.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this
section unless the context clearly requires otherwise:
A. “Electronic smoking device” means an electronic device which can be used to deliver an inhaled dose of
nicotine or any other substances (excluding cannabis), including any component, part, or accessory of such a
device, whether or not sold separately, including flavored vape juices and liquids used in such devices.
“Electronic smoking device” includes any such electronic smoking device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an
electronic hookah, or any other product name or descriptor.
B. “Person” means any natural person, partnership, cooperative association, private corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
C. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest
shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a
business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a
person can or does have, or can or does share, ultimate control over the day-today operations of a business.
Page 204 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 53 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
D. “Tobacco product” means any product containing, made from, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, electronic smoking devices or any other preparation of tobacco including
Indian cigarettes called “bidis.” “Tobacco product” does not include any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic
purposes and is marketed and sold solely for such an approved purpose.
E. “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form
of consideration tobacco, or tobacco products; “tobacco retailing” shall mean the doing of any of these things.
F. “Licensing agent” means a city employee designated by the city administrative officer to serve in this
capacity.
G. “Enforcement agency” means the San Luis Obispo police department.
H. “Hearing officer” means the city employee designated by the city administrative officer to serve in this
capacity. (Ord. 1676 § 1 (Exh. A), 2020; Ord. 1613 § 2, 2015: Ord. 1440 § 1 (part), 2003)
8.14.030 Requirement for tobacco retailer license.
It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid
tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur.
No license will be issued to authorize tobacco retailing at other than a fixed location; itinerant tobacco retailing
and tobacco retailing from vehicles are prohibited.
No license will be issued to authorize tobacco retailing at any location that is licensed under state law to serve
alcoholic beverages for consumption on the premises (e.g., an “on-sale” license issued by the California
Department of Alcoholic Beverage Control); tobacco retailing in bars and restaurants serving alcoholic
beverages is prohibited..
The sale or distribution by an establishment of an electronic smoking device is prohibited in the city of San
Luis Obispo, including all nonflavored and flavored electronic smoking device products, including mint and
menthol where the electronic smoking device:
A. Requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and
B. Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time
to time.
Licenses are valid for one year and each tobacco retailer shall apply for the renewal of his or her tobacco
retailer’s license prior to its expiration. The conference of a tobacco retailer license does not confer any new
Page 205 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 54 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
rights under any other law and does not exempt any business that otherwise would be subject to the smoke-free
workplace provisions within the San Luis Obispo Municipal Code and Labor Code Section 6404.5. (Ord. 1676
§ 2 (Exh. A), 2020: Ord. 1440 § 1 (part), 2003)
8.14.040 Application procedure.
A. Application for a tobacco retailer’s license shall be submitted to the licensing agent in the name of ea ch
proprietor/person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized
agent thereof. All applications shall be submitted on a form supplied by the licensing agent and shall contain
the following information:
1. The name, address, and telephone number of the applicant.
2. The business name, address, and telephone number of each location for which a tobacco retailer’s
license is sought.
3. Such other information as the licensing agent deems necessary for enforcement of this chapter.
4. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or
was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of
revocation. (Ord. 1440 § 1 (part), 2003)
8.14.050 Issuance of license.
Upon the receipt of an application for a tobacco retailer’s license, the licensing agent shall issue a license
unless substantial record evidence demonstrates one of the following bases for denial:
A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a person or at a location for which a
suspension is in effect pursuant to Section 8.14.100 of this chapter; or
C. The application seeks authorization for tobacco retailing in an area that is in violation of city zoning
pursuant to Title 17 of this code or that is unlawful pursuant to any other local, state, or federal law. (Ord. 1440
§ 1 (part), 2003)
8.14.060 Display of license.
Each license shall prominently display the license in a public place at each location where tobacco retailing
occurs. (Ord. 1440 § 1 (part), 2003)
Page 206 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 55 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.14.070 Fees for license.
The fee for a tobacco retailer’s license shall be established by resolution of the city council of the city of San
Luis Obispo. The fee shall be calculated so as to recover the total cost, but no more than the total cost, of
license administration and enforcement, including, for example, but not limited to, issuing the license,
administering the license program, retailer education, retailer inspection and compliance checks,
documentation of violation, and prosecution of violators. The fee for tobacco retailer’s license shall be paid to
the licensing agent. (Ord. 1440 § 1 (part), 2003)
8.14.080 Licenses nontransferable.
A tobacco retailer’s license is nontransferable. For example, if a proprietor to whom a license has been issued
changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at
the new location. Or if the business is sold, the new owner must apply for a license for that location before
acting as a tobacco retailer. (Ord. 1440 § 1 (part), 2003)
8.14.085 Noncompliance with tobacco related laws—License violation.
Compliance with all local, state and federal tobacco-related laws shall be a condition of a city tobacco retailer
license and it shall be a violation of a license for a licensee or his or her agents or employees to violate any
local, state or federal tobacco-related law. (Ord. 1473 § 1, 2005)
8.14.090 License compliance monitoring.
Compliance with this chapter shall be monitored by the San Luis Obispo police department. At least four
compliance checks of each tobacco retailer shall be conducted during each twelve-month period. The cost of
compliance monitoring shall be incorporated into the license fee. (Ord. 1440 § 1 (part), 2003)
8.14.100 Suspension or revocation of license.
A. In addition to any other penalty authorized by law, a tobacco retailer’s license may be suspended or
revoked if the city finds, after notice to the licensee and opportunity to be heard, that the licensee or his or her
agents or employees has violated the conditions of the license imposed pursuant to this chapter.
1. Upon a finding by the city of a first license violation within any five-year period, the license shall be
suspended for thirty days.
2. Upon a finding by the city of a second license violation within any five-year period, the license shall
be suspended for ninety days.
3. Upon a finding by the city of a third license violation within any five-year period, the license shall be
suspended for one year.
Page 207 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 56 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
4. Upon a finding by the city of a fourth license violation within any five-year period, the license shall be
revoked.
B. A tobacco retailer’s license shall be canceled if the city finds, after notice and opportunity to be heard, that
one of the following conditions exists. The revocation shall be without prejudice to the filing of a new
application for a license.
1. The application is incomplete for failure to provide the information required by Section 8.14.040.
2. The information contained in the application, including supplemental information, if any, is found to
be false in any material respect.
3. The application seeks authorization for a license for tobacco retailing that is unlawful. (Ord. 1440 § 1
(part), 2003)
8.14.110 Appeal of suspension and/or revocation.
A. A decision of the city to revoke or suspend a license is appealable to a hearing officer and must be filed
with the hearing officer at least ten working days prior to the commencement date of the license suspension or
revocation. An appeal shall stay all proceedings in furtherance of the appealed action. Following appeal, the
decision of the hearing officer may be appealed to the city administrative officer or his or her designee. A
decision of the city administrative officer or his or her designee shall be the final decision of the city.
B. During a period of license suspension, the tobacco retailer must remove from public view all tobacco
products. (Ord. 1440 § 1 (part), 2003)
8.14.120 Administrative fine—Penalties—Enforcement.
A. Any violation of the provisions of this chapter by any person is a misdemeanor and is punishable as
provided in Chapter 1.12, Section 1.12.030 of this code. Any violation of the provisions of this chapter by any
person is also subject to administrative fines as provided in Chapter 1.24 of this code.
B. If the city of San Luis Obispo finds, based on substantial record evidence, that any unlicensed person has
engaged in tobacco retailing activities in violation of Section 8.14.030 of this chapter, the city shall fine that
person as follows. Each day that an unlicensed person offers tobacco, tobacco products or tobacco for sale or
exchange shall constitute a separate violation and assessed a fine in accordance with Sections 1.12.080 and
1.24.070(A) of this code.
C. Violations of this chapter are hereby declared to be public nuisances.
D. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be
remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive
Page 208 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 57 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at
law or in equity. (Ord. 1440 § 1 (part), 2003)
8.14.130 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason
held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this chapter or the rules adopted hereby. The city council of the city of San Luis Obispo hereby declares that it
would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more other sections, subdivisions, paragraphs, sentences, clauses or
phrases hereof be declared invalid or unenforceable. (Ord. 1440 § 1 (part), 2003)
Chapter 8.16
SMOKING PROHIBITED AND SECONDHAND SMOKE CONTROL
Sections:
8.16.010 Purpose.
8.16.020 Definitions.
8.16.030 Prohibition of smoking in public places, places of employment, and certain other areas.
8.16.040 Prohibition of smoking and tobacco products in outdoor recreational areas.
8.16.050 Where smoking is not regulated.
8.16.060 Reasonable distance required.
8.16.070 Posting of signs.
8.16.080 Compliance.
8.16.090 Violations and penalties.
8.16.100 Severability.
8.16.010 Purpose.
The purposes of this chapter are to:
A. Protect the public health, safety, and general welfare by prohibiting smoking in public places under
circumstances where other persons will be exposed to secondhand smoke;
B. Assure a cleaner and more hygienic environment for the city, its residents, and its natural resources,
including its creeks and streams;
Page 209 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 58 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
C. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers,
including children, to breathe smoke-free air, recognizing the threat to public health and the environment
which smoking and tobacco causes; and
D. Recognize the right of residents and visitors to the city of San Luis Obispo to be free from unwelcome
secondhand smoke. (Ord. 1545 § 1 (part), 2010)
8.16.020 Definitions.
For the purposes of this chapter the following definitions shall govern unless the context clearly requires
otherwise:
A. “Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other
entity formed for profit-making purposes or that has an employee, as defined in this section.
B. “Dining area” means any area available to or customarily used by the general public, that is designed,
established, or regularly used for consuming food or drink.
C. “Electronic smoking device” means an electronic device which can be used to deliver an inhaled dose of
nicotine or any other substances, including any component, part, or accessory of such a device, whether or not
sold separately. “Electronic smoking device” includes any such electronic smoking device, whether
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
D. “Employee” means any person who is employed; retained as an independent contractor by any employer,
as defined in this section; or any person who volunteers his or her services for an employer, association,
nonprofit, or volunteer entity.
E. “Employer” means any person, partnership, corporation, association, nonprofit or other entity who
employs or retains the service of one or more persons, or supervises volunteers.
F. “Enclosed” means:
1. Any covered or partially covered space having more than fifty percent of its perimeter area walled in
or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or
2. Any space open to the sky (hereinafter “uncovered”) having more than seventy-five percent of its
perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
G. “Multi-unit residence” means a building or portion thereof that contains more than one dwelling space
consisting of essentially complete independent living facilities for one or more persons, including, for
example, permanent provisions for living, sleeping, eating, cooking, and sanitation. A single-family house
shared by roommates is not a multi-unit residence for purposes of this chapter.
Page 210 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 59 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
H. “Multi-unit residence common area” means any indoor or outdoor common area of a multi-unit residence
accessible to and usable by more than one residence, including but not limited to halls, lobbies, laundry rooms,
outdoor eating areas, play and swimming areas.
I. “Nonprofit entity” means any entity that meets the requirements of California Corporations Code Section
5003 as well as any corporation, unincorporated association or other entity created for charitable, religious,
philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the
promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit
entity within the meaning of this section.
J. “Place of employment” means any area under the legal or de facto control of an employer, business or
nonprofit entity that an employee or the general public may have cause to enter in the normal course of
operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas,
construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference
and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and private residences
that are used as child care or health care facilities subject to licensing requirements.
K. “Playground” means any park or recreational area designed in part to be used by children that has play or
sports equipment installed or has been designated or landscaped for play or sports activities, or any similar
facility located on public or private school grounds, or on city grounds.
L. “Public place” means any place, public or private, open to the general public regardless of any fee or age
requirement, including, for example, streets, sidewalks, parking lots, parking garages, bars, restaurants, clubs,
stores, stadiums, parks, playgrounds, taxis, and buses.
M. “Reasonable distance” means a distance that ensures that occupants of an area in which smoking is
prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a
minimum of twenty feet.
N. “Recreational area” means any area, public or private, open to the public for recreational purposes
regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and
playgrounds.
O. “Service area” means any area designed to be or regularly used by one or more persons to receive or wait
to receive a service, enter a public place, or make a transaction whether or not such service includes the
exchange of money including, for example, ATMs, bank teller windows, telephones, ticket lines, bus stops,
cab stands, and takeout counters.
P. “Significant tobacco retailer” means any tobacco retailer that derives seventy-five percent or more of gross
sales receipts from the sale or exchange of tobacco products and tobacco product paraphernalia.
Q. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical
ignition, or vaporization of tobacco products or any other weed or plant product, when the apparent or usual
purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts. The term
Page 211 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 60 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
“smoke” includes, but is not limited to, tobacco smoke, electronic smoking device vapors and marijuana
smoke.
R. “Smoking” means engaging in an act that generates smoke, such as inhaling, exhaling, burning, or
vaporizing any tobacco product or any other weed or plant product intended for human inhalation; or the
lighting of any tobacco product or any other weed or plant product intended for human inhalation. “Smoking”
shall not include the igniting, combusting or vaporizing of material that contains no tobacco products where
the purpose of such igniting, combusting or vaporizing is solely olfactory, such as, for example, smoke from
incense.
S. “Tobacco product” means any product containing, made from, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, electronic smoking devices or any other preparation of tobacco including
Indian cigarettes called “bidis.” “Tobacco product” does not include any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic
purposes and is marketed and sold solely for such an approved purpose. (Ord. 1613 § 3, 2015: Ord. 1545 § 1 (part),
2010)
8.16.030 Prohibition of smoking in public places, places of employment, and
certain other areas.
A. Enclosed Places. Smoking shall be prohibited in the following enclosed places within the city of San Luis
Obispo, except in places listed in Section 8.16.050:
1. Public places;
2. Places of employment;
3. Multi-unit residence common areas;
4. Enclosed areas adjacent to an enclosed area in which smoking is prohibited by any other section of
this code, state law, or federal law and that have a common or shared air space such as, without limitation,
openings, cracks, air ventilation systems, doorways, hallways, and stairways. Notwithstanding any other
provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that
the areas share a common or shared air space;
5. Enclosed areas that have a common or shared ventilation, air conditioning or heating system with an
enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke
enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or
shared air space.
Page 212 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 61 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. Unenclosed Places. Smoking shall be prohibited in the following unenclosed places within the city of San
Luis Obispo:
1. Places of employment;
2. Service areas;
3. Public places including dining areas, except an unenclosed area of a bar that does not serve food. If
smoking is permitted in the unenclosed area of a bar that does not serve food, the entire smoking section
must be limited to one clearly designated area prominently marked with signs, and must be located at
least five feet from any doorway or opening into an enclosed area. Smoking in an unenclosed area of a bar
is only permitted provided the smoke does not enter adjacent areas in which smoking is prohibited by any
law or by the owner, lessee or licensee of the adjacent property;
4. Multi-unit residence common areas;
5. Ticket, boarding, and waiting areas of transit centers, bus shelters and stops; and
6. The sites of public events including, for example, sports events, entertainment, speaking
performances, ceremonies, pageants, and fairs.
C. No person shall dispose of smoking and tobacco materials, waste or debris within the boundaries of an
area in which smoking and tobacco products are prohibited, including inside the perimeter of any reasonable
distance required by this chapter.
D. Nothing in this chapter shall be interpreted to conflict with or regulate any area subject to exclusive
regulation under existing state or federal law. (Ord. 1545 § 1 (part), 2010)
8.16.040 Prohibition of smoking and tobacco products in outdoor recreational
areas.
A. Smoking and all forms of tobacco products shall be prohibited in the following places:
1. In any city park and all its amenities, parking areas, trails, and walkways, including contiguous
sidewalks.
2. In all city open spaces and ecological areas and all appurtenant trail systems, parking areas, and other
amenities.
3. In all city sports facilities, including:
a. The municipal golf course;
b. The San Luis Obispo Swim Center;
Page 213 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 62 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
c. Skate park;
d. Roller hockey rink;
e. All sports fields.
4. In all city dog parks.
5. In all public transportation facilities including all bus shelters and bus stops.
6. In Mission Plaza and the adjacent creek walk from Mission Plaza to Nipomo Street.
B. No person shall dispose of smoking or tobacco waste within the boundaries of an area in which smoking
and tobacco products are prohibited, including inside the perimeter of any reasonable distance required by this
chapter. (Ord. 1545 § 1 (part), 2010)
8.16.050 Where smoking is not regulated.
Unless otherwise prohibited by law, smoking is permitted in the following enclosed and/or unenclosed places:
A. Significant tobacco retailers in existence as of May 20, 2010, provided within six months of the effective
date a dedicated ventilation system is installed and operational; and provided, that minors are at all times
prohibited from entering the store. If the condition of the required ventilation system is not met within the
specified time then this exception will be null and void.
B. Private residential units, except those used as a child care or health care facility subject to licensing
requirements.
C. Up to twenty-five percent of hotel and motel guest rooms, if the hotel or motel permanently designates
particular guest rooms as nonsmoking rooms such that seventy-five percent or more of its guest rooms are
nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent “no
smoking” signage shall be posted in nonsmoking rooms.
D. Any outdoor area in which no nonsmoker is present and, due to the time of day or other factors, it is not
reasonable to expect another person to arrive. (Ord. 1613 § 4, 2015; Ord. 1545 § 1 (part), 2010)
8.16.060 Reasonable distance required.
Smoking in unenclosed areas shall be prohibited within a reasonable distance from any entrance, opening,
crack, or vent into an enclosed area in which smoking is prohibited. (Ord. 1545 § 1 (part), 2010)
Page 214 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 63 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.16.070 Posting of signs.
Signs which designate smoking or nonsmoking areas established by this chapter shall be conspicuously posted
in every room, building or other place so covered by this chapter. The manner of such posting shall be at the
discretion of the owner, operator, manager or other person having control of such room, building, outdoor
recreation areas, and other places and areas so long as clarity, sufficiency and conspicuousness are apparent in
communicating the intent of this chapter. Notwithstanding this provision, the presence or absence of signs
shall not be a defense to the violation of any other provision of this chapter. (Ord. 1545 § 1 (part), 2010)
8.16.080 Compliance.
A. The city manager or his or her designated representative shall be responsible for compliance with this
chapter as to facilities which are owned, operated or leased by the city. The finance director shall provide each
business license applicant with a copy of this chapter.
B. The owner, operator or manager of any facility, business or agency within the purview of this chapter shall
comply with the provisions of this chapter. Such owner, operator or manager shall post or cause to be posted
all no smoking signs required by this chapter and shall not allow service to any person who violates this
chapter by smoking in a posted no smoking area.
C. Any place of employment conducted or operated without compliance with the provisions of Section
8.16.030 applicable thereto shall be and the same is declared to be a public nuisance. Whenever there is reason
to believe such public nuisance exists, any affected employee or any resident of the city, in his or her own
name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the
employer from maintaining or permitting it. Upon the granting of equitable relief, in whole or in part, by a
court of competent jurisdiction, an employer determined to be in violation of Section 8.16.030 shall be liable
for the attorney’s fees, as may be determined by the court, incurred by the party bringing the action.
D. The city manager or his or her designee may enforce Section 8.16.030 by either of the following actions:
1. Serving notice requiring the correction of any violation of that section; or
2. Requesting the city attorney to maintain an action for injunction to enforce the provisions of Section
8.16.030, to cause the correction of any such violation, and for assessment and recovery of a civil penalty
of such violation, including attorney’s fees.
E. Any employer who violates Section 8.16.030 may be liable for a civil penalty, not to exceed five hundred
dollars, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the
city. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall
be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this subsection
shall be paid to the finance director of the city.
Page 215 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 64 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
F. In undertaking the enforcement of Section 8.16.030, the city is assuming an undertaking only to promote
the general welfare. It is not assuming any duty or obligation, nor is it imposing any duty or obligation on its
officers and employees, nor is it liable in money damages or otherwise to any person who claims that (1) the
city or one of its officers or employees breached any such obligation, and (2) the breach proximately caused
injury. (Ord. 1545 § 1 (part), 2010)
8.16.090 Violations and penalties.
Any person who violates any provision of Section 8.16.030 by smoking in a posted no smoking area, or by
failing to post or cause to be posted a no smoking sign required by this chapter, or by serving or
accommodating any person who violates this chapter by smoking in a posted no smoking area, or by
knowingly or intentionally permitting any person to violate this chapter by smoking in a posted no smoking
area, is guilty of an infraction, and is subject to punishment as provided for in Chapter 1.12 (General Penalty)
or as provided under Chapter 1.24 (Administrative Code Enforcement Procedures). (Ord. 1545 § 1 (part), 2010)
8.16.100 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which
can be given effect without the invalid provision or application, and to this end the provisions of this chapter
are declared to be severable. (Ord. 1545 § 1 (part), 2010)
Chapter 8.17
CIGARETTE VENDING MACHINES
Sections:
8.17.010 Definitions.
8.17.020 Sale of cigarettes and other tobacco products from vending machines prohibited.
8.17.030 Violations and penalties.
8.17.040 Violative cigarette vending machines.
8.17.010 Definitions.
For the purposes of this chapter, the following terms shall be defined as set forth below:
Page 216 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 65 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
A. “Cigarette vending machine” means any electronic or mechanical device or appliance the operation of
which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of
value, which dispenses or releases a tobacco product and/or tobacco accessories.
B. “Electronic smoking device” means an electronic device which can be used to deliver an inhaled dose of
nicotine or any other substances, including any component, part, or accessory of such a device, whether or not
sold separately. “Electronic smoking device” includes any such electronic smoking device, whether
manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic
cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
C. “Person” shall mean an individual, firm, partnership, joint venture, unincorporated association,
corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit, excepting,
however, the United States of America, the state of California, and any political subdivision or unit thereof.
D. “Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all
types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of
tobacco products.
E. “Tobacco product” means any product containing, made from, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, electronic smoking devices or any other preparation of tobacco including
Indian cigarettes called “bidis.” “Tobacco product” does not include any product that has been approved by the
United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic
purposes and is marketed and sold solely for such an approved purpose. (Ord. 1613 § 5, 2015: Ord. 1212 § 1, 1992)
8.17.020 Sale of cigarettes and other tobacco products from vending machines
prohibited.
The following provisions shall apply within the city limits of the City of San Luis Obispo:
A. No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping,
maintenance or use on his, her or its premises of any cigarette vending machine used or intended to be used for
the purpose of selling any tobacco products or tobacco accessories therefrom.
B. Any cigarette vending machine in use on the effective date of this chapter shall be removed within one
hundred twenty days after the effective date of this chapter. (Ord. 1212 § 1, 1992)
8.17.030 Violations and penalties.
Any person violating this chapter shall be deemed guilty of an infraction. (Ord. 1212 § 1, 1992)
Page 217 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 66 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.17.040 Violative cigarette vending machines.
Any cigarette vending machine not removed from the premises or converted to a permissible use within the
time limit set forth by Section 8.17.020(B) shall be deemed to be a public nuisance, and may be abated by the
city as specified in the Municipal Code, or in a civil action or other appropriate legal proceedings. (Ord. 1212
§ 1, 1992)
Chapter 8.18
REGULATION OF THE SALE AND DISTRIBUTION OF TOBACCO
PRODUCTS
Sections:
8.18.010 Posting of signs.
8.18.020 Sales to minors.
8.18.030 Self-service sales of tobacco.
8.18.040 Out of package sales.
8.18.050 Violation – Penalty.
8.18.010 Posting of signs.
Any person, business, tobacco retailer, or other establishment subject to this chapter shall post plainly visible
signs at the point of purchase of tobacco products which state:
SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY
LAW, PHOTO I.D. REQUIRED.
The letters of said signs must be at least one-half inch high. (Ord. 1325 § 1 (part), 1997)
8.18.020 Sales to minors.
No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this
chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and
examining identification establishing the purchaser’s age as eighteen years or greater unless the seller has some
reasonable basis for determining that the buyer is at least eighteen years of age. (Ord. 1325 § 1 (part), 1997)
Page 218 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 67 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.18.030 Self-service sales of tobacco.
A. Sales of Tobacco Products by the Pack. It shall be unlawful for any person, business, or tobacco retailer
within the city to sell, offer for sale, or display for sale any tobacco product by means of a self-service display.
All tobacco products (other than cartons of cigarettes, multicontainer packages of smokeless tobacco and
cigars and pipe tobacco displayed for sale pursuant to subsection B of this section) shall be offered for sale
exclusively by means of vendor/employee assistance.
B. Sales of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes, multicontainer packages of smokeless
tobacco and cigars and pipe tobacco may be sold by means of self-service merchandising displays only when
such product displays are under the direct observation of a vendor/employee. Tobacco products shall be
deemed to be under direct observation of a vendor/employee only if the tobacco products themselves (and not
merely the racks, shelves, kiosks, etc., where the products are displayed) are in the plain and direct view of a
store employee at all times. (Ord. 1325 § 1 (part), 1997)
8.18.040 Out of package sales.
No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other
tobacco or smoking products not in the original packaging provided by the manufacturer and with all required
health warnings. (Ord. 1325 § 1 (part), 1997)
8.18.050 Violation – Penalty.
Any person, business owner, or proprietor, or employee of any business or establishment subject to the
requirements of this chapter who violates any mandatory provision of this chapter shall be guilty of an
infraction, and is subject to punishment as provided for in Chapter 1.12 of this code. (Ord. 1325 § 1 (part), 1997)
Chapter 8.20
FOOD HANDLING
Sections:
8.20.010 Pastries—Refrigeration requirements.
8.20.020 Fruits and vegetables.
8.20.030 Authority to close food or drink establishments for protection of public health.
Page 219 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 68 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.20.010 Pastries—Refrigeration requirements.
All custard or cream filled pastries shall be kept refrigerated at all times between May 1st and October 31st,
inclusive, of each calendar year, at a temperature not higher than fifty degrees Fahrenheit, except when actual
sale is being made. The apparatus used in filling such pastries shall be made of metal or rubber and cleaned
before each use, by means of boiling water or live steam or other suitable method. (Prior code § 6270.8)
8.20.020 Fruits and vegetables.
In or on the premises of any food or drink establishment or any establishment where fruits or vegetables are
sold, offered for sale or given away, all fruits or vegetables shall be kept at least eighteen inches above the
floor level at all times, unless protected by wood, metal or glass cases. Vegetables, fruits or other products,
when delivered to such establishments, shall not be left upon the sidewalk any longer than is absolutely
necessary. (Prior code § 6270.9)
8.20.030 Authority to close food or drink establishments for protection of public
health.
The health officer, with the approval of the council, is authorized to order the immediate closing of any food or
drink establishment when in his or her opinion such action is necessary for the protection of the public health.
(Prior code § 6270.10)
Chapter 8.22
OFFENSIVE ODORS
Sections:
8.22.010 Purpose.
8.22.020 Prohibited activities declared a public nuisance.
8.22.030 Continuing violations.
8.22.040 Severability.
8.22.010 Purpose.
The purpose of this chapter is to define and establish standards for the regulation of persistent odors within the
city. The intent of these standards is to ensure that odors emanating from sources or locations within the city
do not adversely impact or unreasonably interfere with the use and enjoyment of property. (Ord. 1614 § 2 (part),
2015)
Page 220 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 69 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.22.020 Prohibited activities declared a public nuisance.
A. It is hereby declared to be unlawful and a public nuisance to cause or permit any persistent odors, which
are offensive to individuals of normal sensitivity and which adversely impact or unreasonably interfere with
the use and enjoyment of property, to emanate across any parcel or property line.
B. An odor shall be presumed offensive to individuals of normal sensitivity if the city receives three or more
verified complaints of a persistent odor emanating across a property line from individuals representing separate
residences or places of business within the city within a one-month time span concerning an odor emanating
from a single source. Nothing in this section shall be deemed to require three complaints before the city may
initiate enforcement action.
C. Nothing in this chapter shall be deemed to prohibit the normal operations of any governmental agency or
municipal facility operating pursuant to otherwise applicable law or regulatory permit. (Ord. 1614 § 2 (part), 2015)
8.22.030 Continuing violations.
Each day a violation is allowed to continue in violation of this chapter shall constitute a new and separate
offense. (Ord. 1614 § 2 (part), 2015)
8.22.040 Severability.
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such
invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of
any other part of this chapter. (Ord. 1614 § 2 (part), 2015)
Chapter 8.24
NUISANCE ABATEMENT
Sections:
8.24.010 Title.
8.24.020 Public nuisances designated.
8.24.030 Abatement methods.
8.24.040 Resolution setting public hearing.
8.24.050 Posting notice of public hearing.
8.24.060 Serving notice of public hearing.
8.24.070 Notice—Proof of posting and service.
8.24.080 Hearing by council.
8.24.090 Hearing—Council’s determination.
Page 221 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 70 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.24.100 Time limitation for filing objections to council’s determination.
8.24.110 Resolution order abatement—Service and recordation.
8.24.120 Abatement by City.
8.24.130 Statement of abatement costs.
8.24.140 Confirmation of statement of abatement costs.
8.24.150 Assessment of costs—Notice of lien—Collection.
8.24.160 Prohibited acts.
8.24.170 Alternative methods of abatement or enforcement.
8.24.180 Maintaining a nuisance—Criminal sanctions.
8.24.190 Maintaining a nuisance—Private cause of action.
8.24.200 Severability.
8.24.010 Title.
This chapter may be cited as the “nuisance abatement ordinance of the city”. (Ord. 1206 § 1, 1991: prior code
§ 4400)
8.24.020 Public nuisances designated.
Each of the following shall constitute a public nuisance which may, at the sole discretion of the city, be abated
in accordance with the abatement procedures set forth in this chapter. In addition, criminal sanctions may be
imposed for the maintenance of a public nuisance as set forth in Section 8.24.180 of this chapter.
A. Any structure, as defined in the Building Code, which exists, or which is maintained or used upon any
premises in violation of any requirement or prohibition of any law, ordinance or permit, including, without
limitation, requirements or prohibitions related to location, construction, condition, maintenance, use, or time
period limitation.
B. Any premises upon which there exists any condition, thing or use in violation of any requirement or
prohibition of any law, ordinance or permit related to the condition, maintenance or use of the premises.
C. Any unlawful encroachment which obstructs or interferes with the free passage or use by the public of any
public sidewalk, street, alley or right-of-way.
D. The occurrence of more than two loud or unruly assemblages in any sixty-day period that threatens the
public peace, health, safety or general welfare and requires a police response to control the threat to the public
peace, health, safety, or general welfare. The determination of a public nuisance under this subsection shall
expire eighteen months after the date of the resolution ordering abatement as set forth in Section 8.24.110 of
this chapter.
Page 222 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 71 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
E. As applied to this chapter, the determination of a “response” will be when the police department responds
to a location, observes a violation of applicable state or municipal violations, and the tenant is issued a
disturbance advisement card, a citation, or is arrested for the applicable violation.
F. Anything constituting a public nuisance as specifically defined or declared by any other law or ordinance.
(Ord. 1206 § 1, 1991: prior code § 4400.1)
8.24.030 Abatement methods.
Public nuisances ordered to be abated under the provisions of this chapter may be abated by rehabilitation,
repair, demolition, removal or other appropriate action as determined by the council after compliance by the
city with the procedures set forth in this chapter. (Ord. 1206 § 1, 1991: prior code § 4400.2)
8.24.040 Resolution setting public hearing.
A. Whenever the council finds, based upon the recommendations of the city administrative officer or any
department head, that a public nuisance may exist upon any premises, the council may, by resolution, declare
its intent to hold a public hearing to ascertain whether the same constitutes a public nuisance which may be
abated under the procedure set forth in this chapter.
B. The resolution shall describe the premises by street address, referring to the street by the name under
which it is officially or commonly known, shall further describe the property by giving the lot, block and tract
number thereof where applicable and the parcel number from the assessment roll, shall give a brief description
of the facts forming the basis for the finding, and shall contain a brief statement of the possible methods
available to abate the alleged nuisance. (Ord. 1206 § 1, 1991: prior code § 4400.3)
8.24.050 Posting notice of public hearing.
Within thirty days after the passage of the resolution and at least fifteen days before the time fixed for the
public hearing, the city clerk shall cause to be conspicuously posted on the premises a certified copy of such
resolution, and a notice of the time and place of hearing before the council, which notice shall be titled,
“Notice of Public Hearing” in letters not less than one inch in height and shall be substantially in the following
form:
NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN
WHOLE OR PART
NOTICE IS HEREBY GIVEN that on (date) at the hour of ___.M., the Council of the City of San Luis Obispo will
hold a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, to
ascertain whether a public nuisance exists upon certain premises situated in said City known and designated as
_______________ (street address) and more particularly described as Lot No. ____, Block No. ____, Tract No. ____,
and shown as Parcel No. _____ in Book ____, Page ____ in the assessment roll of the County of San Luis Obispo.
If the Council finds upon the evidence presented at the hearing that a public nuisance does exist, and if the same is
Page 223 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 72 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
not promptly abated by the owner of said premises, said nuisance may be abated by municipal authorities by
rehabilitation, repair, demolition, removal or other appropriate action, the cost of which will constitute a lien upon
such premises until paid. In addition, the owner may be subject to criminal sanctions for the maintenance of a public
nuisance as set forth in San Luis Obispo Municipal Code Section 8.24.180.
The alleged nuisance consists of the
following:______________________________________________________________________________________
___________________________.
All persons having any objection to, or interest in said matters are hereby notified to appear at the public hearing at
the aforesaid time and place, when their testimony and evidence will be heard and given due consideration.
Dated:_______________
__________________
City Clerk”
(Ord. 1206 § 1, 1991: prior code § 4400.4)
8.24.060 Serving notice of public hearing.
A. At least fifteen days before the time fixed for the public hearing, the city clerk shall cause to be served
upon each of the owners thereof one copy of the notice of public hearing and a certified copy of the resolution
of the council. “Owner” as used in this chapter shall mean any person known to be in possession and also any
person having any legal or equitable interest in the premises as disclosed by a current title search from an
accredited title company.
B. Service shall be by personal service upon any owner whose name and address appears upon the last
equalized assessment roll and who can reasonably be found within the city limits. Service upon all other
owners may be accomplished by depositing a stamped, sealed envelope containing a copy of the notice and
resolution in the U.S. Certified or Registered Mail, return receipt requested, addressed to each owner at his or
her last known address; and if there is no known address, then in care of the address of the premises. Service
shall be deemed to be complete at the time of such deposit. The failure of any person to receive such notice
shall not affect the validity of the abatement proceedings. (Ord. 1206 § 1, 1991: prior code § 4400.5)
8.24.070 Notice—Proof of posting and service.
Before the commencement of the public hearing, the city clerk shall verify that affidavits or declarations
establishing proof of posting of the premises and proof of service upon all owners within the required time
periods have been filed in his or her office. (Ord. 1206 § 1, 1991: prior code § 4400.6)
8.24.080 Hearing by council.
At the time stated in the notice, the city council shall hear and consider all relevant evidence, objections or
protests, and shall receive testimony under oath from owners, witnesses, city personnel and interested persons
Page 224 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 73 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
relative to the existence of the alleged public nuisance, the estimated costs of abating the same, and any other
matters which the council deems pertinent thereto. The hearing may be continued from time to time by the
council. (Ord. 1206 § 1, 1991: prior code § 4400.7)
8.24.090 Hearing—Council’s determination.
A. After the conclusion of the hearing, the council shall, based upon the hearing, determine whether or not a
public nuisance exists upon the premises, or any part thereof.
B. If the council finds that such public nuisance does exist and that there is sufficient cause to require the
abatement thereof, the council may adopt a resolution declaring the existence of the nuisance upon the
premises, and ordering the abatement of the same within thirty days, or within such other time limit as the
council may specify, by the manner and means specifically set forth in the resolution. (Ord. 1206 § 1, 1991: prior
code § 4400.8)
8.24.100 Time limitation for filing objections to council’s determination.
Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by
the council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an
action to contest such decision within thirty days after the adoption by the council of the resolution ordering
the abatement of the nuisance. Otherwise, all objections to such decision shall be deemed waived. (Ord. 1206
§ 1, 1991: prior code § 4400.9)
8.24.110 Resolution order abatement—Service and recordation.
A copy of the resolution ordering the abatement of the nuisance shall be served upon the owners of the
property in accordance with the provisions of Section 8.24.060. Any property owner shall have the right to
have any such premises rehabilitated or to have such structures demolished, removed or repaired in accordance
with the resolution, at his or her own expense, provided the same is done prior to the expiration of the time
limit specified in the resolution. Upon such abatement in full by the owner, proceedings under this chapter
shall terminate. If the nuisance has not been abated as ordered within the specified time limit, the city clerk
shall file in the office of the recorder of the county a certificate describing the property and certifying (1) that
the property is a public nuisance and (2) that the owner has been so notified. Whenever thereafter the public
nuisance has been abated as ordered, the city clerk shall file a new certificate with the county recorder
certifying that the property is no longer a public nuisance. (Ord. 1206 § 1, 1991: prior code § 4400.10)
8.24.120 Abatement by City.
If such nuisance is not completely abated by the owner within the time limit specified by the council, the
council may direct the city administrative officer, or such other city official as may be designated by him or
her, to cause the same to be abated by city forces or private contract, and city and contract personnel are
expressly authorized to enter upon the premises for such purpose. Upon request of the designated official,
Page 225 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 74 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
other city departments shall cooperate fully and shall render all reasonable assistance in abating any such
nuisance. (Ord. 1206 § 1, 1991: prior code § 4400.11)
8.24.130 Statement of abatement costs.
A. The city administrative officer shall keep an account of the costs incurred by the city in abating the
nuisance, and shall submit to the council an itemized statement for each lot or parcel showing all such costs,
including incidental expenses, and noting any salvage value or storage costs of items removed from the
property; provided, that before the statement is considered by the council, a copy of the same shall be posted
for at least five days upon such lot or parcel, together with a notice of the time and place when the statement
will be considered by the council for confirmation. A copy of the statement and notice shall also be served
upon the owners of the lot or parcel in the manner provided in Section 8.24.060 for serving the notice of public
hearing; provided, that the date of service must be at least prior to the date the council considers the statement.
Proof of the posting and service shall be accomplished as provided in Section 8.24.070.
B. The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the
city in obtaining title reports, in the preparation and service of notices, preparation of specifications, the
preparation and award of all contracts, all costs of inspecting any work done pursuant to this chapter, the cost
of printing and mailing required under this chapter, the costs of preparing materials for any hearing held
pursuant to this chapter, and a reasonable additional sum to cover the co st of administrative overhead. (Ord.
1206 § 1, 1991: prior code § 4400.12)
8.24.140 Confirmation of statement of abatement costs.
At the time and place for considering the statement, the council shall consider the statement together with any
objections or protests thereto by the owners or other interested persons. The decision of the council on all
protests shall be final and conclusive, and the council may approve the statement as submitted, or may modify
it as the council deems just and equitable. Thereafter, the council shall adopt a resolution confirming the
statement as submitted or as modified. (Ord. 1206 § 1, 1991: prior code § 4400.13)
8.24.150 Assessment of costs—Notice of lien—Collection.
A. Both the owner of the property on which the nuisance was abated and all persons who created, caused,
committed or maintained the nuisance shall be personally liable to the city for the abatement costs confirmed
by the resolution. In addition, the abatement costs shall constitute a special assessment against the respective
lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of
lien, shall constitute a lien on the property for the amount of such assessment.
B. The form for the notice of lien shall be substantially as follows:
NOTICE OF LIEN
(Claim of City of San Luis Obispo)
Page 226 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 75 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Pursuant to the authority granted by the laws of the State of California and the Charter and ordinances of the City of
San Luis Obispo, and in compliance with the provisions thereof, said City has expended the sum of $___ to abate a
public nuisance upon the hereinafter described real property, the City Council of said City has adopted Resolution
No. ___ confirming said sum as the cost of abatement, and said sum now constitutes a special assessment and lien
upon said real property until said sum has been paid in full and discharged of record.
Said real property is situated within the City of San Luis Obispo, County of San Luis Obispo, State of California,
more particularly described as follows:
(LEGAL DESCRIPTION)
Dated:__________, 19_________.
_____________________
City Clerk
City of San Luis Obispo
C. After recordation, a certified copy of the notice of lien shall be delivered to the tax collector and thereafter
the amount of the lien shall 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 the same procedure under foreclosure and sale in
case of delinquency as provided for ordinary municipal taxes, or, after such recordation, such lien may be
foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 1206 § 1, 1991: prior code
§ 4400.14)
8.24.160 Prohibited acts.
A. It is unlawful for any person to remove, deface or mutilate any notice, order, statement or resolution
posted as required in this chapter.
B. It is unlawful for any person to obstruct, impede or interfere with any owner or his or her agent or with any
representative of the city when engaged in performing any act reasonably necessary for the execution of the
order of abatement. (Ord. 1206 § 1, 1991: prior code § 4400.15)
8.24.170 Alternative methods of abatement or enforcement.
Nothing in this chapter shall be deemed or construed to prevent the city from commencing any civil or
criminal proceedings otherwise authorized by law for the declaration or abatement of a nuisance or for the
prosecution of a criminal offense which may also constitute a nuisance. The procedures provided in this
chapter shall be cumulative and shall not prevent concurrent or consecutive procedures provided in this
chapter, the San Luis Obispo Municipal Code or by state law for the abatement of a public nuisance.
Abatement of a public nuisance or imposition of criminal sanctions under this chapter shall not prejudice or
affect any other civil or criminal action or remedy for the maintenance of a public nuisance. (Ord. 1206 § 1, 1991:
prior code § 4400.16)
Page 227 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 76 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.24.180 Maintaining a nuisance—Criminal sanctions.
If the owner of any premises fails or neglects to remove or otherwise take action to abate the public nuisance,
as herein defined, within the time specified in this chapter, the owner of the premises shall be guilty of an
infraction for maintenance of such public nuisance. However, a third or subsequent violation of this chapter
within a period of one year shall be a misdemeanor. Each and every day any such public nuisance exists
constitutes a separate offense. The violations shall be punishable as set forth in Chapter 1.12 of the San Luis
Obispo Municipal Code. (Ord. 1206 § 1, 1991)
8.24.190 Maintaining a nuisance—Private cause of action.
If the owner of any premises fails or neglects to remove or otherwise take action to abate the public nuisance,
as herein defined, any aggrieved person may, in addition to any other right or remedy they may possess either
at law or in equity, bring a civil action against the owner for damages or injunctive relief for the maintenance
of a public nuisance. The court may award the prevailing party in such action the costs of litigation, including
reasonable attorney’s fees. Actions under this section must be filed within one year of the act or condition
giving rise to a public nuisance. (Ord. 1206 § 1, 1991)
8.24.200 Severability.
If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid,
then the remainder of the chapter, 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, provisions
of this chapter, in whole and in part, are severable. (Ord. 1206 § 1, 1991)
Chapter 8.28
HAZARDOUS CHEMICALS TRANSPORT
Sections:
8.28.010 Prohibited chemicals.
8.28.020 Exceptions.
8.28.030 Temporary suspension.
8.28.010 Prohibited chemicals.
No person shall transport into or through the city any quantity of chemicals or substances specified as follows:
A. Nitrogen tetroxide.
Page 228 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 77 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
B. Red fuming nitric acid.
C. Hydrazine.
D. Rocket fuel, or any chemical components thereof. (Ord. 1109 § 1, 1988)
8.28.020 Exceptions.
This chapter shall not apply to chemicals, materials, or rocket fuels shipped by or for the United States
Government for military or national security purposes or which are related to national defense. Nothing in this
chapter shall be construed as requiring the disclosure of any defense information or restricted data as defined
by federal law, statute or regulation. (Ord. 1109 § 2, 1988)
8.28.030 Temporary suspension.
Notwithstanding any other provision of this code, the fire chief may order the temporary suspension of the
transportation of any of the above described material determined to pose an extreme and unreasonable risk to
persons residing within the city, pending the acquisition of necessary emergency equipment and the
preparation of operational plans and emergency procedures. (Ord. 1109 § 3, 1988)
Chapter 8.32
LIABILITY FOR COSTS OF RESPONSE TO HAZARDOUS WASTE OR
SUBSTANCE SPILLS, RELEASES AND OTHER INCIDENTS
Sections:
8.32.010 Purpose and authority.
8.32.020 Definitions.
8.32.030 Liability for unauthorized disposal or release.
8.32.040 Liability for failure to comply with orders.
8.32.050 Computation of costs.
8.32.060 Recovery of costs where real property is the subject of enforcement.
8.32.070 Recovery of costs where real property is not the subject of enforcement.
8.32.080 Levy, collection and enforcement of special assessment upon real property.
Page 229 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 78 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.32.010 Purpose and authority.
The purpose of this chapter is to establish liability for reimbursement of the city’s expenses incurred in
connection with corrective action necessitated by violations of the hazardous waste and substance control laws.
The authority for this chapter includes the city charter, the general police power; the provisions of Article 6 of
Chapter 10 of Part 2 of the California Government Code (commencing with Section 38771); Sections 3479 and
3494 of the California Civil Code; Section 510 of the California Health and Safety Code, (hereinafter “Health
and Safety Code”), and the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code. (Ord. 1283 § 1, 1995)
8.32.020 Definitions.
For the purposes of this chapter, unless the context otherwise requires:
A. “City” means the City of San Luis Obispo.
B. “Corrective action” includes, without limitation, any “remedial action” within the meaning of Section
25322 of the Health and Safety Code and any “removal” within the meaning of Section 25323 of the Health
and Safety Code.
C. “Disposal” has the meaning assigned to that term by Section 25113 of the Health and Safety Code.
D. “Hazardous waste or substance” means a waste or substance that consists of a material listed in either the
List of Chemical Names or the List of Common Names appearing in Section 66680 of Title 22 of the
California Administrative Code, a waste or substance as defined in either Section 25280, Section 25316 or
Section 25400 of the Health and Safety Code.
E. “Hazardous waste and substance control laws” means Chapter 6.5 (commencing with Section 25100) or
Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or any permit,
rule, regulation, standard or requirement issued or promulgated pursuant to such chapters.
F. “Release” has the meaning assigned to that term by Section 25320 and Section 25321 of the Health and
Safety Code.
G. “Unauthorized disposal or release” means any disposal of a hazardous waste or substance which is in
violation of the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code, any “unauthorized release” within the meaning of Section 25280 of the Health and Safety Code,
or any release of a hazardous waste or substance which is not “a release authorized or permitted within the
meaning of Section 25326 of the Health and Safety Code.
H. “Person” has the meaning assigned to that term by Section 25118 of the Health and Safety Code. (Ord. 1283
§ 1, 1995)
Page 230 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 79 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.32.030 Liability for unauthorized disposal or release.
If the city takes any corrective action which, in the judgement of either the city administrative officer or his/her
appointed officer, is reasonably necessary to remedy or prevent an imminent substantial danger to the public
health, domestic livestock, wildlife or the environment arising out of any unauthorized disposal or release of
hazardous waste or substance, the following described persons shall be jointly and severally liable to the city
for the cost incurred by it in taking any such corrective action:
A. The person or persons whose negligent or willful act or omission proximately caused such disposal or
release;
B. The person or persons who owned or had custody or control of the hazardous waste or substance at the
time of such disposal or release, without regard to fault or proximate cause; and
C. The person or persons who owned or had custody or control of the container which held such hazardous
waste or substance at the time of or immediately prior to such disposal or release, without regard to fault or
proximate cause. (Ord. 1283 § 1, 1995)
8.32.040 Liability for failure to comply with orders.
If the city administrative officer or his/her appointed officer issues a lawful order directing any person who has
violated or is in violation of any provisions of the hazardous waste or substance control laws to take corrective
action respecting such violation, and if such person does not take corrective action on or before the date and
time specified in the order, the city may take or contract for the taking of such corrective action. If such
corrective action is taken by or contracted for by the city, the person to whom the order was directed shall be
liable to the city for the cost incurred by it in taking or contracting for such corrective action. If such corrective
action is taken by the person to whom the order is directed or by such person’s agent, the person to whom the
order is directed shall be liable to the city for the cost of supervising such corrective action or otherwise
verifying compliance to the order. (Ord. 1283 § 1, 1995)
8.32.050 Computation of costs.
The costs referred to in Section 8.32.030 and Section 8.32.040 shall include, in addition to the city’s direct out-
of-pocket expenses, the cost of all city personnel engaged in such work computed in accordance with the city’s
standard accounting procedures for computing the hourly cost of services by such personnel and any other
costs or fees set by resolution. (Ord. 1283 § 1, 1995)
8.32.060 Recovery of costs where real property is the subject of enforcement.
All costs as computed by Section 8.32.050 shall constitute a lien against the real property and special
assessment against the real property owned by a person liable under this chapter if said property is the subject
of the enforcement. Moreover, all such costs shall also be a personal obligation against the property owner,
recoverable in a civil action as provided by Section 8.32.070. (Ord. 1283 § 1, 1995)
Page 231 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 80 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
8.32.070 Recovery of costs where real property is not the subject of enforcement.
Where real property is not the subject of the enforcement, the amount of such costs for which liability is
imposed pursuant to this chapter shall be recoverable in a civil action by the city and shall be in addition to any
other fees or penalties authorized by law, provided that any sums actually received by the city in connection
with such work pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and
Safety Code shall be credited against any amount recoverable in such civil action (Ord. 1283 § 1, 1995)
8.32.080 Levy, collection and enforcement of special assessment upon real
property.
The following procedure shall apply concerning the levy, collection, and enforcement of a special assessment
for the recovery of costs as provided by Section 8.32.060.
A. On or before June 1st of each year, the director of finance or his/her appointed officer shall give notice to
each real property owner to be levied by causing personal service to be made upon the owner, agent, or person
in control of the subject real property, or by depositing such notice in the United States Mail, postage prepaid,
addressed to the owner of the subject real property, at the address shown by the last equalized assessment roll.
The notice shall bear the date of personal service or mailing and shall set forth the rights and procedures
governing a request of hearing as provided for herein.
B. Within ten days of the date of the notice, the owner or any other person interested in the subject real
property may request a hearing on the correct amount of the proposed assessment. Such request shall be in
writing and shall state the objections, name and address of the person filing the request. The request shall be
filed with the department of finance.
C. If a hearing is requested, notice of the hearing shall be mailed, by registered mail, at least ten days before
the hearing, to the party requesting the hearing. The hearing shall be conducted by the director of finance who
shall not be limited by the technical rules of evidence and shall hear all facts and testimony he/she deems
pertinent. The decision of the director of finance is a final order.
D. Any interested party may appeal the decision of the director of finance by filing a written notice of appeal
with the director within five days after his/her decision. Such appeal shall be heard by the city council which
may affirm, modify, or reverse the order or take other action it deems appropriate. The city clerk shall give
written notice of the time and place of the hearing to appellant, by registered mail, at least ten days before the
hearing. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
E. On or before July of each year, the city administrative officer or his/her appointed officer shall prepare a
list of parcels of real property which are subject to such costs. On or before the tenth day of July each year, the
city administrative officer or his/her appointed officer shall transmit, upon resolution and approval by city
council, such list to the county auditor and request the auditor to enter the amounts of the respective
assessments against the respective parcels of land as they appear on the current assessment roll.
Page 232 of 450
Title 8 Health and Safety | San Luis Obispo Municipal Code Page 81 of 81
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
F. The assessment shall be included on the bills for taxes levied against respective lots and parcels of real
property, and such assessment shall be listed separately on the tax bill. Thereafter, the amounts of such
assessment shall be collected at the same time and in the same manner as county taxes are collected.
G. San Luis Obispo County may deduct its reasonable costs incurred for its services in connection with such
collection before remittal of the balance to the city treasury.
H. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to such special
assessment made pursuant to this chapter. (Ord. 1283 § 1, 1995).
Page 233 of 450
Page 234 of 450
Ordinance No. 1706 (2021 Series) Page 1
O 1706
ORDINANCE NO 1706 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8, CHAPTERS 8.04 AND 8.05
OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid
Waste generated in their City to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to
Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to
time), places requirements on Commercial Businesses and Multi-Family Premises that
generate a specified threshold amount of Solid Waste to arrange for recycling services
and requires jurisdictions to implement a mandatory Commercial recycling program; and
WHEREAS, State Organics Materials recycling law, Assembly Bill 1826 of 2014
(approved by the Governor of the State of California on September 28, 2014, which added
Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public
Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and
replaced from time to time), requires Commercial Businesses and Multi-Family Premises
that generate a specified threshold amount of Solid Waste, Recyclable Materials, and
Organic Materials per week to arrange for recycling services for that waste, requires
jurisdictions to implement a recycling program to divert Organic Materials from
Commercial Businesses and Multi-Family Premises subject to the law, and requires
jurisdictions to implement a mandatory Commercial Organic Materials recycling program;
and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce Organic Waste in landfills as a
source of methane. The regulations place requirements on multiple entities including
jurisdictions, residential households, Multi-Family Premises, Commercial Businesses,
Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery
Organizations, and Food Recovery Services to support achievement of the SB 1383
statewide Organic Waste disposal reduction targets; and
Page 235 of 450
Ordinance No. 1706 (2021 Series) Page 2
O 1706
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to
implement relevant provisions of SB 1383 Regulations. This ordinance will also help
reduce food insecurity by requiring Commercial Edible Food Generators to arrange to
have the maximum amount of their Edible Food, that would otherwise be disposed, be
recovered for human consumption.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1: Environmental Review. The proposed ordinance is exempt per
California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the
“Common Sense” exemption because the proposed action consists only of the adoption
of new standards and will have no physical effects on the environment and has no
possibility of a significant effect on the environment.
SECTION 2: Chapter 8.04 (Solid Waste Disposal) of the San Luis Obispo
Municipal Code is hereby amended as follows:
8.04 Solid Waste, Recycling, and Organic Waste
Sections:
8.04.010 Definitions.
8.04.020 Accumulation—Type and placement of containers.
8.04.030 Transportation.
8.04.040 Collection required at least once a week.
8.04.050 Health officer and city engineer to direct removal.
8.04.060 Disposal site.
8.04.070 Use of disposal service mandatory—Collection of charges.
8.04.080 Collection rates.
8.04.090 Condition of collection trucks.
8.04.100 Refuse—Burning or burying.
8.04.110 Emergency removal.
8.04.120 Disposal by producer.
8.04.130 Certain hauling prohibited.
8.04.140 Health regulations—Establishment.
8.04.150 Franchise for collection—Authorization.
8.04.160 Placement of receptacles for pickup—Disputes settlement.
8.04.170 Dumping on private or public premises prohibited.
8.04.180 Owners responsibility to maintain premises free of debris and waste matter.
8.04.190 Placing of handbills or advertising matter in or upon vehicles.
8.04.200 Storage of certain vehicles prohibited.
8.04.210 Clearing of waste matter, debris and vehicles from private property.
Page 236 of 450
Ordinance No. 1706 (2021 Series) Page 3
O 1706
8.04.211 Mandatory organic waste disposal requirements for single-family premises.
8.04.212 Mandatory organic waste disposal requirements for multi-family residential
dwellings.
8.04.213 Mandatory organic waste disposal requirements for commercial businesses.
8.04.214 Organic waste and/or organics collection waivers for multi-family premises
and commercial premises.
8.04.215 Requirements for commercial edible food generators.
8.04.216 Requirements for food recovery organizations and services.
8.04.217 Requirements for haulers and facility operators.
8.04.218 Recyclable and organic materials self-hauling requirements.
8.04.219 Inspections and investigations.
8.04.220 Enforcement.
8.04.230 Violation – Penalty.
SECTION 3: Chapter 8.04.010 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended as follows:
“Alternative Daily Cover (ADC)” has the same meaning as in Section 20690 of Title 27 of
the California Code of Regulations.
“Alternative Intermediate Cover (AIC)” has the same meaning as in Section 20700 of Title
27 of the California Code of Regulations.
“Bin” means a container with capacity of approximately one (1) to eight (8) cubic yards,
with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-
loading collection vehicle, including bins with compactors attached to increase the
capacity of the bin.
“C&D (debris)” or “Construction and demolition debris” means building materials and solid
waste resulting from construction, remodeling, repair, cleanup, or demolition operations
that are not hazardous as defined in California Code of Regulations, Title 22 section
66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, brick, gypsum
wallboard, cardboard, and other associated packaging, roofing material, ceramic tile,
carpeting, plastic pipe and steel.
“CalRecycle” means California's Department of Resources Recycling and Recovery,
which is the Department designated with responsibility for developing, implementing, and
enforcing SB 1383 Regulations on jurisdictions (and others).
“Cart” means a plastic container with a hinged lid and wheels that is serviced by an
automated or semi-automated collection vehicle. A cart has capacity of 20, 35, 64 or 96
gallons (or similar volumes). “City disposal site” means and refers to that certain tract of
land which the franchisee shall furnish and use as a place of depositing garbage, rubbish
and C&D.
Page 237 of 450
Ordinance No. 1706 (2021 Series) Page 4
O 1706
“Container(s)” mean bins, carts, compactors, and roll-offs.
“Contractor” means a corporation organized and operating under the laws of the State
and its officers, directors, employees, agents, companies, related-parties, affiliates,
subsidiaries, and subcontractors.
“Compactor” means a mechanical apparatus that compresses materials together with the
container that holds the compressed materials or the container that holds the compressed
materials if it is detached from the mechanical compaction apparatus. Compactors
include two (2) to eight (8) cubic yard bin compactors serviced by front-end loader
collection vehicles and ten (10) to fifty (50) cubic yard drop box compactors serviced by
roll-off collection vehicles.
“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or
industrial facility.
“Commercial Edible Food Generator” includes a tier one or a tier two commercial edible
food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes
of this definition, food recovery organizations and food recovery services are not
commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation
thereof) includes a controlled biological decomposition of organic materials yielding a safe
and nuisance free compost product.
“Creek” means a natural stream of water normally smaller than and often tributary to a
river. May be seasonal in that it is dry during certain times of the year.
“Customer” means the person whom contractor submits its billing invoice to and collects
payment from for collection services provided to a premises. The customer may be either
the occupant or owner of the premises.
“Designee” means an entity that the city contracts with or otherwise arranges to carry out
any of the city’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2.
A designee may be a government entity, a hauler, a private entity, or a combination of
those entities.
“Developed Property” means any property which has been altered from its natural state
by the construction or erection of materials located in, upon, or attached to something
located in or upon the ground.
“Discarded Materials” means recyclable materials, organic materials, and solid waste
placed by a generator in a collection container and/or at a location for the purposes of
collection excluding excluded waste.
Page 238 of 450
Ordinance No. 1706 (2021 Series) Page 5
O 1706
“Drainageway” means a route or course along which water moves or may move to drain
a region. These are generally manmade as compared to “creeks”.
“Edible Food” means food intended for human consumption, or as otherwise defined in
14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined
in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not
discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the recovery of edible food that does not meet the food safety requirements of
the California Health and Safety Code, including the California Retail Food Code.
“Enforcement Action" means an action of the city to address non-compliance with this
chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
“Food Recovery” means actions to collect and distribute food for human consumption that
otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt
of edible food from commercial edible food generators and distributes that edible food to
the public for food recovery either directly or through other entities or as otherwise defined
in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of
the Health and Safety Code.
“Food Recovery Service” means a person or entity that collects and transports edible food
from a commercial edible food generator to a food recovery organization or other entities
for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food
recovery service is not a commercial edible food generator for the purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
“Food Waste” means source separated food scraps and food-soiled paper.
“Franchisee” means and includes a person whom the city has granted the privilege of
collecting and disposing of refuse, garbage, rubbish, and other solid waste produced
within the limits of the city under the terms set out in this chapter, and under the provisions
of the Charter of the city, as amended.
Page 239 of 450
Ordinance No. 1706 (2021 Series) Page 6
O 1706
“Garbage” means and includes kitchen and table refuse, offal, swill and also every
accumulation of animal and vegetable refuse, and other matter that attends the
preparation, consumption, decay or dealing in or storage of meats, fish, fowl, birds, fruits
or vegetables. It shall also include crockery, bottles, tin vessels, fireplace ashes and all
or any refuse, save and excepting as defined in this section as rubbish or C&D.
“Generator” means a person or entity that is responsible for the initial creation of one or
more types of discarded materials.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry
goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not
separately owned within the store where the food is prepared and served, including a
bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR
Section 18982(a)(30).
“Hazardous Waste” means all substances defined as hazardous waste, acutely
hazardous waste, or extremely hazardous waste by the State in Health and Safety Code
§25110.02, §25115, and §25117 or in the future amendments to or recodifications of such
statutes or identified and listed as solar panels from residential premises, and hazardous
waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal
Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future
amendments thereto, and all rules and regulations promulgated thereunder.
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average mixed waste organic content recovery rate of 50 percent between
January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as
calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the
“mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5);
or, as otherwise defined in 14 CCR Section 18982(a)(33).
“Incinerator” means and includes fireproof receptacles approved by the city engineer or
fire chief, and used for disposing of combustible rubbish on private premises.
“Inspection” means a site visit where a city reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of recyclable materials, organic waste,
solid waste or edible food handling to determine if the entity is complying with
requirements set forth in this chapter, or as otherwise defined in 14 CCR Section
18982(a)(35).
“Lake” means a considerable inland body of standing water, an expanded part of a river,
a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water.
Page 240 of 450
Ordinance No. 1706 (2021 Series) Page 7
O 1706
“Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this chapter.
“Large Venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this chapter and implementation of 14
CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction facility. For purposes
of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under
common ownership or control that includes more than one Large Venue that is contiguous
with other large venues in the site, is a single large venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this chapter.
“Multi-Family Residential Dwelling” or “Multi-Family” or “MFD” means of, from, or
pertaining to residential Premises with five (5) or more dwelling units including such
premises when combined in the same building with commercial establishments, that
receive centralized, shared, collection service for all units on the premises which are billed
to one (1) customer at one (1) address. Customers residing in townhouses, mobile
homes, condominiums, or other structures with five (5) or more dwelling units who receive
individual service and are billed separately shall not be considered multi-family. Multi-
Family Premises do not include hotels, motels, or other transient occupancy facilities,
which are considered commercial businesses.
“Occupant” means the person who occupies a premises.
“Organic Materials” means yard trimmings and food waste, individually or collectively that
are set aside, handled, packaged, or offered for collection in a manner different from solid
waste for the purpose of processing. No discarded material shall be considered to be
organic materials, however, unless it is separated from recyclable material and solid
waste. organic materials are a subset of organic waste.
“Organic Materials Container” shall be used for the purpose of storage and collection of
source separated organic materials.
Page 241 of 450
Ordinance No. 1706 (2021 Series) Page 8
O 1706
“Organic Waste” means wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material,
landscape and pruning waste, organic textiles and carpets, lumber, wood, paper
products, printing and writing paper, manure, biosolids, digestate, and sludges or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a).
“Owner” means the person(s) holding legal title to real property and/or any improvements
thereon and shall include the person(s) listed on the latest equalized assessment roll of
the County Assessor.
“Premises” means and includes any land, building and/or structure, or portion thereof, in
the city where discarded materials are produced, generated, or accumulated. all
structures on the same legal parcel, which are owned by the same person shall be
considered as one premises.
“Prohibited Container Contaminants” means the following: (i) discarded materials placed
in the recyclable materials container that are not identified as acceptable source
separated recyclable materials for the city’s recyclable materials container; (ii) discarded
materials placed in the organic materials container that are not identified as acceptable
source separated organic materials for the city’s organic materials container; (iii)
discarded materials placed in the solid waste container that are acceptable source
separated recyclable materials and/or source separated organic materials to be placed in
city’s organic materials container and/or recyclable materials container; and, (iv) excluded
waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
“Recyclable Materials” means those discarded materials that the generators set out in
recyclables containers for collection for the purpose of recycling by the service provider
and that exclude excluded waste. No discarded materials shall be considered recyclable
materials unless such material is separated from organic materials, and solid waste.
recyclable materials shall include, but not be limited to aluminum, newspaper, clear and
colored glass, tin and bi-metal, high density polyethylene (HDPE), polyethylene
terephthalate (PET), cardboard, chipboard, and mixed paper. For the purpose of
collection of recyclable materials through contractor’s collection services, recyclable
materials shall be limited to those materials identified by the collection contractor as
acceptable recyclable materials.
“Recyclable Materials Container” shall be used for the purpose of storage and collection
of source separated recyclable materials.
“Refuse” means and includes garbage, rubbish or both.
Page 242 of 450
Ordinance No. 1706 (2021 Series) Page 9
O 1706
“Refuse collector” means and includes the same as the term franchisee.
“Residential” shall mean of, from, or pertaining to a single-family premises or multi-family
premises including single-family homes, apartments, condominiums, townhouse
complexes, mobile home parks, and cooperative apartments.
“Responsible Party” means the owner, property manager, tenant, lessee, occupant, or
other designee that subscribes to and pays for recyclable materials, organic materials,
and/or solid waste collection services for a premises in the city, or, if there is no such
subscriber, the owner or property manager of a single-family premises, multi-family
premises, or commercial premises. In instances of dispute or uncertainty regarding who
is the responsible party for a premises, responsible party shall mean the owner of a single-
family premises, multi-family premises, or commercial premises.
“Restaurant” means an establishment primarily engaged in the retail sale of food and
drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR
Section 18982(a)(64).
“Rubbish” means and includes all combustible and noncombustible waste matter,
excepting garbage ordinarily accumulating in and about residences, flats, buildings,
apartment houses, lodging houses, hotels, restaurants, eating houses, stores, shops,
offices and other public buildings. Among other things, it shall include tree trimmings,
grass cuttings, dead plants and weeds, but shall not include C&D.
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of
this chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Haul” means to act as a self-hauler.
“Self-Hauler” means a person, who hauls solid waste, organic waste or recyclable
material they have generated to another person. Self-hauler also includes a landscaper,
or a person who back-hauls waste. back-haul means generating and transporting
recyclable materials or organic waste to a destination owned and operated by the
generator or responsible party using the generator’s or responsible party’s own
employees and equipment.
Page 243 of 450
Ordinance No. 1706 (2021 Series) Page 10
O 1706
“Service Level” refers to the size of a customer’s container and the frequency of collection
service.
“Single-Family” or “SFD” refers to any detached or attached house or residence of four
(4) units or less designed or used for occupancy by one (1) family, provided that collection
service feasibly can be provided to such premises as an independent unit, and the owner
or occupant of such independent unit is billed directly for the collection service. Single-
family includes townhouses, and each independent unit of duplex, tri-plex, or four-plex
residential structures, regardless of whether each unit is separately billed for their specific
service level.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section
40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, C&D debris, abandoned vehicles and parts thereof, discarded home and
industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other
discarded solid and semisolid wastes, with the exception that Solid Waste does not
include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section
40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of
the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management
Act (Part 14 (commencing with Section 117600) of Division 104 of the State
Health and Safety Code). Untreated medical waste shall not be disposed of
in a solid waste landfill, as defined in State Public Resources Code Section
40195.1. Medical waste that has been treated and deemed to be Solid
Waste shall be regulated pursuant to Division 30 of the State Public
Resources Code.
(4) Recyclable materials, organic materials, and construction and demolition
debris when such materials are source separated.
Solid waste includes salvageable materials only when such materials are included for
collection in a solid waste container not source separated from solid waste at the site of
generation.
“Solid Waste Container” shall be used for the purpose of storage and collection of solid
waste.
Page 244 of 450
Ordinance No. 1706 (2021 Series) Page 11
O 1706
“Source Separated” or “Source-Separated (materials)” means materials, including
commingled recyclable materials and organic materials, that have been separated or kept
separate from the solid waste stream, at the point of generation, for the purpose of
additional sorting or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of the chapter, source separated shall include separation of materials by the generator,
responsible party, or responsible party’s employee, into different containers for the
purpose of collection such that source-separated materials are separated from solid
waste for the purposes of collection and processing.
“Source Separated Organic Materials” means organic materials that are source separated
and placed in an organic materials container.
“Source Separated Recyclable Materials” means recyclable materials that are source
separated and placed in a recyclable materials container.
“Tier Two Commercial Edible Food Generator” means a commercial edible food
generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food
generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall
apply to this chapter.
“Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound contains sixteen (16) ounces.
“Waste” means solid waste and source-separated waste.
Page 245 of 450
Ordinance No. 1706 (2021 Series) Page 12
O 1706
SECTION 4: Section 8.04.020 (Accumulation – Type and placement of containers)
of the San Luis Obispo Municipal Code is hereby amended as follows:
No person shall deposit, keep, accumulate or permit any C&D debris, source separated
materials, or other solid waste to be deposited, kept or accumulated upon any lot or parcel
of land, or on any public or private place, creek, lake or drainageway, street, lane, alley
or drive, unless the same shall be kept, deposited or allowed to accumulate as provided
in this chapter.
A. Waste. No person shall keep, accumulate or permit to be kept or accumulated
any waste upon any lot or parcel of land, or on any public or private place,
street, lane, alley or drive, unless the same shall be in metal or plastic
receptacles provided or approved by the franchisee. The maximum weight of
a receptacle and its contents at collection time shall not exceed seventy-five
pounds. Each receptacle shall be provided with close-fitting metal or plastic lids
or covers which shall be kept closed at all times except when necessarily
opened to permit waste to be taken therefrom or deposited therein. Each
receptacle shall be kept in a clean, neat, sanitary condition at all times. The
outside of each receptacle, including its cover, shall be kept clean from
accumulating grease or decomposing material. Waste shall not be kept in any
creek, lake or drainageway whether it is in a receptacle or not.
B. Location of Waste Containers. Each container provided or approved by the
franchisee shall be kept or placed entirely above ground level at a location
which is convenient for access by collection personnel during the time for
collection, as follows:
1. Where there is an alley, other than a blind alley, in the rear of the premises,
such container shall be placed on the premises within five feet of the rear
property line.
2. Where there is no alley, such container shall be placed on the premises
within twenty feet of the rear of the restaurant, cafe, cafeteria, hospital,
hotel, boardinghouse, and other like eating places, apartment houses, or
dwelling from which waste is accumulated. It may not be placed in any
creek, lake or drainageway.
C. Containers which do not comply with the requirements as stipulated in this
chapter or which deteriorate to the point where they do not comply will be
tagged by the franchisee and, if not replaced by the next regular collection day,
will be considered as waste and will be removed by the franchisee in the same
manner as any other waste.
D. No person shall place, store or otherwise keep any waste container in a
receptacle or pit in an exterior location which is not entirely above ground level.
Page 246 of 450
Ordinance No. 1706 (2021 Series) Page 13
O 1706
E. Waste containers shall not be placed adjacent to the street for pickup more
than twenty-four hours before pickup time, and such containers shall be
removed within the twelve-hour period following pickup, except in the Business
Improvement Area (as defined in Chapter 12.36). In the Business Improvement
Area, waste containers shall not be placed adjacent to the street for pickup
before 5:00 p.m. or the close of business on the day preceding pickup,
whichever is later. Such containers shall be removed before 10:00 a.m.
following pickup.
F. No person shall place any waste into a waste container without permission of
the owner or tenant of the property on which the container sits. (Ord. 1192 § 1,
1990; Ord. 1176 § 1, 1990; Ord. 1040 (part), 1985; prior code § 5200.1)
SECTION 5: Section 8.04.030 (Transportation) of the San Luis Obispo Municipal
Code is hereby amended as follows:
A. Solid Waste and C&D Debris Transportation. No solid waste or C&D debris
shall be removed and carried on and along the streets and alleys of the city
except that the same be carried, conveyed or hauled in conveyances so
constructed as to be absolutely dustproof, and so arranged as not to permit
dust or other matter to shift through or fall upon the streets and alleys. The
contents of such conveyances must be further protected so as to prevent the
same from being blown upon the streets, alleys and adjacent lands.
B. Wet Waste Transportation. No wet waste shall be removed and carried on or
along any street or alley of the city except the same be transported in watertight
containers with proper covers, so that the waste shall not be offensive and
every such container shall be kept clean and the waste shall be so loaded that
none of it shall fall, drip or spill to or on the ground, sidewalk or pavement. (Prior
code § 5200.2)
SECTION 6: Section 8.04.040 (Collection required at least once a week) of the
San Luis Obispo Municipal Code is hereby amended as follows:
All waste of any kind, shall be removed by the city, its agent, employees, or permittees or
representatives, at least once every seven days, unless otherwise directed by the city
health office or the city engineer. (Prior code § 5200.3)
SECTION 7: Section 8.04.050 (Health officer and city engineer to direct removal)
of the San Luis Obispo Municipal Code is hereby amended as follows:
It shall be the duty of any franchisee engaged in or conducting the business of collecting
waste to remove waste to which the attention of the franchisee may be directed by the
health officer or city engineer, and where waste is accumulated and thence removed, any
and all the cost of the removal of waste shall be collected in accordance with the
provisions of this chapter. (Prior code § 5200.4)
Page 247 of 450
Ordinance No. 1706 (2021 Series) Page 14
O 1706
SECTION 8: Section 8.04.060 (Disposal site) subsection (A) of the San Luis
Obispo Municipal Code is hereby amended as follows:
A. The franchisee shall contract with the operator of a disposal site situated
without the city limits for disposal of waste collected within the city. All waste
collected within the city and not separated for recycling or composting shall be
delivered to the disposal site and disposed of according to the regulations of
the disposal site.
SECTION 9: Section 8.04.070 (Use of disposal service mandatory – collection of
charges) of the San Luis Obispo Municipal Code are hereby amended as follows:
A. The city has determined that periodic collection and disposal of waste from all
developed properties in the city benefits all occupants of developed properties
in the city.
B. The city will provide waste collection and disposal service through its
franchisee; and all developed properties in the city must use the city’s waste
collection and disposal service, except that there may be joint or multiple use
of waste containers, subject to conditions established by the city.
C. The franchisee shall collect all fees for waste collection and disposal.
D. The owner of developed property shall be responsible and liable for paying the
waste collection and disposal fees for that property, although the franchisee will
bill a tenant if requested by the owner.
E. The owner of developed property shall be responsible for modifying frequency
and volume of waste collection and disposal service to remain compliant with
this chapter.
F. Once each year, prior to a date established by the city, the franchisee may take
the following actions to collect delinquent waste collection and disposal
accounts:
1. Present to the city a list of property owners (with corresponding parcel
numbers) within the city whose accounts are more than one hundred twenty
days past due;
2. Send a certified letter requesting payment to each property owner with a
delinquent account;
3. At least thirty days after receiving delivery certification for payment
requests, present to the city a list of property owners (with corresponding
parcel numbers) whose accounts are still past due.
G. After the franchisee has completed all of the actions listed in paragraph E, the
city council will adopt a resolution authorizing the San Luis Obispo county
assessor to assess the amounts due on delinquent accounts as liens against
the properties. The franchisee shall bear the full cost of any fees charged by
the San Luis Obispo county assessor to lien affected properties. (Ord. 1176
§ 3, 1990: prior code § 5200.6)
Page 248 of 450
Ordinance No. 1706 (2021 Series) Page 15
O 1706
SECTION 10: Section 8.04.080 (Collection rates) of the San Luis Obispo Municipal
Code is hereby amended as follows:
Collection rates for waste disposal shall be set by a resolution of the council. (Prior code
§ 5200.6A)
SECTION 11: Section 8.04.090 (Condition of collection trucks) of the San Luis
Obispo Municipal Code is hereby amended as follows:
Every truck used in the collection and removal of waste shall be kept well painted, clean
inside and out, and in a prominent place on each truck display the following sign with
appropriate number:
“SOLID WASTE” or “RECYCLING” or “ORGANIC WASTE” SERVICE
San Luis Obispo, California
No. ____________
(Prior code § 5200.7)
SECTION 12: Section 8.04.100 (Refuse – Burning or burying) of the San Luis
Obispo Municipal Code is hereby amended as follows:
8.04.100 Waste—Burning or burying.
A. No waste matter shall be burned in the open air within the city, except
barbecue fires.
B. No waste matter which shall, in burning, cause or create a dense or offensive
smoke, shall be burned upon any premises within the corporate limits of the
city, whether in an incinerator or not, except as noted in subsection A of this
section.
C. No waste shall be disposed of by burying the same underground, except that
waste may be made use of for the filling of low areas within the city when it is
properly leveled and covered with dirt and upon written permission of the
health officer or city engineer. (Prior code § 5200.8)
SECTION 13: Section 8.04.120 (Disposal by producer) of the San Luis Obispo
Municipal Code is hereby amended as follows:
A. Nothing in this chapter contained shall be construed to prohibit any producer of
waste from personally hauling in producer’s vehicle, through the streets of the
city and disposing of same at the city disposal site; provided, that such hauling
and disposal shall at all times be subject to the approval of the health officer.
Page 249 of 450
Ordinance No. 1706 (2021 Series) Page 16
O 1706
B. The person in charge of any vehicle used to haul waste under the permission
granted by the provisions of this chapter shall, on request from the custodian
of or person in charge at the city disposal site, exhibit satisfactory evidence
showing that such waste accumulated in, and was hauled from, the city, and
that the producer thereof is a resident of the city.
C. The permission granted by the provisions of this chapter shall not include the
right to haul and dispose of dead animals, C&D debris, old automobile bodies
or frames, nor any refuse or rubbish originating in a commercial establishment
where the quantity exceeds one cubic yard.
D. The city is authorized, by resolution duly adopted by the council, to provide that
any person who shall haul his or her own solid waste and dispose of the same
at the city disposal site shall pay to the franchisee holding a franchise from the
city, a fee for such privilege. The rate of such fee shall be established by such
resolution and may be changed from time to time by the council by resolution
duly adopted by the council. (Prior code § 5200.10)
SECTION 14: Section 8.04.130 (Certain hauling prohibited) of the San Luis Obispo
Municipal Code is hereby amended as follows:
No person, other than the franchisee, shall collect, remove or haul solid wastesover the
streets of the city; provided, however, that this section shall not apply to producer-hauling
as provided in Section 8.04.120, nor to persons who have a permit from the health officer
or city engineer for emergency removal of the same. (Prior code § 5200.11)
SECTION 15: Section 8.04.140 (Health regulations—Establishment) of the San
Luis Obispo Municipal Code is hereby amended as follows:
The city engineer in conjunction with the health officer have power to establish rules and
regulations not inconsistent with this chapter governing the collection and disposal of
waste; provided, that such rules and regulations shall have as their purpose the
enforcement of the provisions of this chapter and the health and sanitary laws and
ordinances in effect in the city. (Prior code § 5200.12)
SECTION 16: Section 8.04.150 (Franchise for collection—Authorization) of the
San Luis Obispo Municipal Code is hereby amended as follows:
For the collection and disposal of waste a franchise may be granted by the city in
accordance with and subject to the terms and conditions of this chapter and the City
Charter. (Prior code § 5200.14)
Page 250 of 450
Ordinance No. 1706 (2021 Series) Page 17
O 1706
SECTION 17: Section 8.04.160 (Placement of receptacles for pickup—Disputes
settlement) of the San Luis Obispo Municipal Code is hereby amended as follows:
In all cases of disputes or complaints arising from or concerning the place where the
waste containers shall be placed while awaiting the removal of their contents, or
concerning the cost of such removal, the same shall be determined by the city council or
the health officer, and such decision shall be final. (Prior code § 5200.15)
SECTION 18: Section 8.04.170 (Dumping on private or public premises prohibited)
of the San Luis Obispo Municipal Code is hereby amended as follows:
No person shall dump, deposit, keep or accumulate any C&D debris or any other waste
material which, if thrown or deposited, tends to create a hazard to public health, safety
and welfare on any public or private place, creek, lake, drainageway, street, lane, alley or
drive, except the same be kept, deposited or allowed to accumulate temporarily, during
the period of factual construction on premises under construction or alteration, and in a
manner approved by the building inspector. Failure of a building permittee to clean up
unapproved accumulations within three working days after the building inspector serves
written notice upon the permittee or his or her agent so to do shall result in summary
suspension of the building permit until such time as the condition is corrected to the
satisfaction of the building inspector. The suspension authorized in this section shall be
in addition to the misdemeanor penalties provided for elsewhere in this code. (Ord. 1040
(part), 1985: prior code § 5200.16)
SECTION 19: Section 8.04.180 (Owners responsibility to maintain premises free
of debris and waste matter) of the San Luis Obispo Municipal Code is hereby amended
as follows:
The owner or person in control of any private property shall, at all times, maintain the
premises free of waste, debris or any other waste material, except pursuant to a permit
approved by the city engineer for fill and compaction work, and provided that this section
and Section 8.04.170 shall not prohibit the storage of such waste materials in private
receptacles for collection. (Prior code § 5200.17)
SECTION 21: Sections 8.04.211-8.04.219 of the San Luis Obispo Municipal Code
are hereby added as follows:
8.04.211 Mandatory organic waste disposal reduction requirements for Single-Family
Premises.
A. Except responsible parties of single-family premises that meet the self-hauler
requirements in section 8.04.218 of this chapter, responsible parties of single-
family premises shall comply with the following requirements:
Page 251 of 450
Ordinance No. 1706 (2021 Series) Page 18
O 1706
1. Subscribe to and pay for city’s three-container collection services for weekly
collection of recyclable materials, organic materials, and solid waste
generated by the single-family premises and comply with requirements of
those services set forth in this chapter. The franchisee, city and its
designee(s) shall have the right to review the number and size of a
generator’s containers to evaluate adequacy of capacity provided for each
type of collection service for proper separation of materials and containment
of materials. The responsible parties for single-family premises shall adjust
their service level for their collection services as requested by the city.
2. Participate in the city’s three-container collection service(s) in the manner
described below.
a. Place, or, if responsible party is not an occupant of the single-family
premises, direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the recyclable materials
container; and solid waste in the solid waste container.
b. Not place, or, if responsible party is not an occupant of the single-family
premises, direct its generators to not place prohibited container
contaminants in collection containers and not place materials
designated for the organic materials containers or recyclable materials
containers in the solid waste containers.
B. Nothing in this section prohibits a responsible party or generator of a single-
family premises from preventing or reducing discarded materials generation,
managing organic waste on site, and/or using a community composting site
pursuant to 14 CCR Section 18984.9(c).
8.04.212 Requirements for Multi-Family Residential Dwelling.
A. Responsible parties of multi-family premises shall provide or arrange for
recyclable materials, organic materials, and solid waste collection services
consistent with this chapter and for employees, contractors, and tenants.
Responsible parties of multi-family premises may receive waivers pursuant to
Section 8.04.214 for some requirements of this section.
B. Except for responsible parties of multi-family premises that meet the self-hauler
requirements in Section 8.04.218 of this chapter, including hauling services
arranged through a landscaper, responsible parties of multi-family premises
shall:
1. Subscribe to and pay for city’s three or more-container collection services
and comply with requirements of those services for all recyclable materials,
organic materials, and solid waste generated at the multi-family premises
as further described below in this section. The franchisee, city and its
Page 252 of 450
Ordinance No. 1706 (2021 Series) Page 19
O 1706
designee(s) shall have the right to review the number and size of the
generators’ collection containers and frequency of collection to evaluate
adequacy of capacity provided for each type of collection service for proper
separation of materials and containment of materials. The generator of a
multi-family premises shall adjust their service level for their collection
services as requested by the city or its designee.
2. Participate in the city’s three or more-container collection service(s) for at
least weekly collection of recyclable materials, organic materials, and solid
waste in the manner described below.
a. Place and/or direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the recyclable materials
container; and solid waste in the solid waste container.
b. Not place and/or direct its generators to not place prohibited container
contaminants in collection containers and to not place materials
designated for the organic materials containers or recyclable materials
containers in the solid waste containers.
3. Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors for employees, contractors,
tenants, and customers, consistent with city’s recyclable materials
container, organic materials container, and solid waste container collection
service or, if self-hauling, consistent with the multi-family premises’
approach to complying with self-hauler requirements in Section 8.04.218 of
this chapter.
4. Annually provide best practice information to employees, contractors,
tenants, and customers about recyclable materials and organic waste
recovery requirements and about proper sorting of recyclable materials,
organic materials, and solid waste.
5. Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to
source separate recyclable materials and organic materials and to keep
source separated organic materials and source separated recyclable
materials separate from each other and from solid waste (when applicable)
and the location of containers and the rules governing their use at each
property.
6. Provide or arrange access for city and/or its designee(s) to their properties
during all inspections conducted in accordance with this chapter to confirm
compliance with the requirements of this chapter.
Page 253 of 450
Ordinance No. 1706 (2021 Series) Page 20
O 1706
C. If the responsible party of a multi-family premises wants to self-haul, the
responsible party must meet the self-hauler requirements in Section 8.04.218
of this chapter.
D. Multi-family premises that generate two (2) cubic yards or more of total solid
waste, recyclable materials, and organic materials per week (or other threshold
defined by the State) that arrange for gardening or landscaping services shall
require that the contract or work agreement between the owner, occupant, or
operator of a multi-family premises and a gardening or landscaping service
specifies that the designated organic materials generated by those services be
managed in compliance with this chapter.
E. Nothing in this section prohibits a responsible party or generator of a multi-
family premises from preventing or reducing discarded materials generation,
managing organic waste on site, or using a community composting site
pursuant to 14 CCR Section 18984.9(c).
8.04.213 Requirements for Commercial Businesses.
A. Responsible parties of commercial businesses shall provide or arrange for
recyclable materials, organic materials, and solid waste collection services
consistent with this chapter and for employees, contractors, tenants, and
customers. responsible parties of commercial premises may receive waivers
pursuant to Section 8.04.214 for some requirements of this section.
B. Except responsible parties of commercial businesses that meet the self-hauler
requirements in Section 8.04.218 of this chapter, including hauling services
arranged through a landscaper, responsible parties of commercial premises
shall:
1. Subscribe to and pay for city’s three or more-container collection services
and comply with requirements of those services for all recyclable materials,
organic materials, and solid waste generated at the commercial premises
as further described below in this section. City and its designee(s) shall
have the right to review the number and size of a commercial premises’
containers and frequency of collection to evaluate adequacy of capacity
provided for each type of collection service for proper separation of
materials and containment of materials. the responsible party of the
commercial business shall adjust their service level for their collection
services as requested by the city or its designee.
2. Participate in the city’s three or more-container collection service(s) for at
least weekly collection of recyclable materials, organic materials, and solid
waste in the manner described below.
Page 254 of 450
Ordinance No. 1706 (2021 Series) Page 21
O 1706
a. Place and/or direct its generators to place source separated organic
materials, including food waste, in the organic materials container;
source separated recyclable materials in the recyclable materials
container; and solid waste in the solid waste container.
b. Not place and/or direct its generators to not place prohibited container
contaminants in collection containers and to not place materials
designated for the organic materials containers or recyclable materials
containers in the solid waste containers.
3. Supply and allow access to adequate number, size and location of collection
containers with sufficient labels or colors for employees, contractors,
tenants, and customers, consistent with city’s recyclable materials
container, organic materials container, and solid waste container collection
service or, if self-hauling, consistent with the commercial premises’
approach to complying with self-hauler requirements in Section 8.04.218 of
this chapter.
4. Provide containers for customers for the collection of source separated
recyclable materials and source separated organic materials in all indoor
and outdoor areas where solid waste containers are provided for customers,
for materials generated by that commercial business. Such containers shall
be visible and easily accessible. Such containers do not need to be provided
in restrooms. If a commercial business does not generate any of the
materials that would be collected in one type of container, as demonstrated
through an approved de minimis waiver per Section 8.04.214(A), then the
responsible party of the commercial business does not have to provide that
particular container in all areas where solid waste containers are provided
for customers. Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the responsible party of the commercial business shall have
either:
a. A container body or lid that conforms with the container colors provided
through the collection service provided by city, with either lids
conforming to the color requirements or bodies conforming to the color
requirements or both lids and bodies conforming to color requirements.
The responsible party of the commercial business is not required to
replace functional containers that do not comply with the requirements
of this subsection prior to whichever of the following comes first: (i) the
end of the useful life of those containers, or (ii) January 1, 2036.
b. Container labels that include language or graphic images, or both,
indicating the primary material accepted and the primary materials
prohibited in that container, or containers with imprinted text or graphic
images that indicate the primary materials accepted and primary
materials prohibited in the container. Pursuant 14 CCR Section 18984.8,
Page 255 of 450
Ordinance No. 1706 (2021 Series) Page 22
O 1706
the container labeling requirements are required on new containers
commencing January 1, 2022.
5. To the extent reasonably practical through education, training, inspection,
and/or other measures, prohibit employees from placing materials in a
container not designated for those materials per the city’s recyclable
materials container, organic materials container, and solid waste collection
service or, if self-hauling, per the instructions of the commercial business’s
responsible party to support its compliance with self-hauler requirements in
Section 8.04.218 of this chapter.
6. Periodically inspect recyclable materials containers, organic materials
containers, and solid waste containers for contamination and inform
employees if containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and
customers about recyclable materials and organic waste recovery
requirements and about proper sorting of recyclable materials, organic
materials, and solid waste.
8. Provide education information before or within fourteen (14) days of
occupation of the premises to new tenants that describes requirements to
source separate recyclable materials and organic materials and to keep
source separated organic materials and source separated recyclable
materials separate from each other and from other solid waste (when
applicable) and the location of containers and the rules governing their use
at each property.
9. Provide or arrange access for city or its designee to their properties during
all inspections conducted in accordance with this chapter to confirm
compliance with the requirements of this chapter.
C. If the responsible party of a commercial business wants to self-haul, meet the
self-hauler requirements in Section 8.04.218 of this chapter.
D. Nothing in this section prohibits a responsible party or a generator of a
commercial business from preventing or reducing discarded materials
generation, managing organic waste on site, or using a community composting
site pursuant to 14 CCR Section 18984.9(c).
E. Responsible parties of commercial businesses that are tier one or tier two
commercial edible food generators shall comply with food recovery
requirements, pursuant to Section 8.04.215 of this chapter.
Page 256 of 450
Ordinance No. 1706 (2021 Series) Page 23
O 1706
8.04.214 Waivers for Multi-Family Premises and Commercial Premises.
A. De minimis waivers for multi-family premises and commercial premises. The
city or its designee, may waive a responsible party’s obligation to comply with
some or all recyclable materials and organic waste requirements set forth in
this chapter if the responsible party of the commercial business or multi-family
premises provides documentation that the commercial business or multi-family
premises meets one of the criteria in subsections (1) and (2) below. For the
purposes of subsections (1) and (2), the total solid waste shall be the sum of
weekly container capacity measured in cubic yards for solid waste, recyclable
materials, and organic materials collection service. Hauling through paper
shredding service providers or other incidental services may be considered in
granting a de minimis waiver.
1. The commercial business’s or multi-family premises’ total solid waste
collection service is two (2) cubic yards or more per week and recyclable
materials and organic materials subject to collection in recyclable materials
container(s) or organic materials container(s) comprises less than twenty
(20) gallons per week per applicable material stream of the multi-family
premises’ or commercial business’s total waste (i.e., recyclable materials in
the recyclable materials stream are less than twenty (20) gallons per week
or organic materials in the organic materials stream are less than twenty
(20) gallons per week); or,
2. The commercial business’s or multi-family premises’ total solid waste
collection service is less than two (2) cubic yards per week and recyclable
materials and organic materials subject to collection in a recyclable
materials container(s) or organic materials container(s) comprises less than
ten (10) gallons per week per applicable material stream of the multi-family
premises’ or commercial business’s total waste (i.e., recyclable materials in
the recyclable materials stream are less than ten (10) gallons per week or
organic materials in the organic materials stream are less than ten (10)
gallons per week).
B. Physical Space Waivers. The city or its designee may waive a commercial
business’s or multi-family premises’ obligation to comply with some or all of the
recyclable materials and/or organic waste collection service requirements if the
city or its designee has evidence from its own staff, a hauler, licensed architect,
or licensed engineer demonstrating that the premises lacks adequate space for
recyclable materials containers and/or organic materials containers required for
compliance with the recyclable materials and organic materials collection
requirements of Section 8.04.212 or 8.04.213 as applicable. Commercial
business’s and multi-family premises’ should defer to the City’s Engineering
Standards for trash enclosure specifications.
Page 257 of 450
Ordinance No. 1706 (2021 Series) Page 24
O 1706
C. Review and approval of waivers (deminimis or physical space). Waivers shall
be granted to responsible parties by the city or its designee according to the
following process:
1. Responsible parties of premises seeking waivers shall submit a completed
application form to the city’s designee, or the city if there is no designee, for
a waiver specifying the waiver type requested, type(s) of collection services
for which they are requesting a waiver, the reason(s) for such waiver, and
documentation supporting such request.
2. Upon waiver approval, the city’s designee, or the city if there is no designee,
shall specify that the waiver is valid for the following duration:
a. For commercial premises, five (5) years, or if property ownership
changes, or if occupancy changes, whichever occurs first.
b. For multi-family premises, five (5) years, or if property ownership
changes, or if the property manager changes, whichever occurs first.
3. Waiver holder shall notify city’s designee, or the city if there is no designee,
if circumstances change such that commercial business’s or multi-family
premises’ may no longer qualify for the waiver granted, in which case waiver
will be rescinded.
4. Any waiver holder must cooperate with the city and/or its designee for any
on-site assessment of the appropriateness of the waiver.
5. Waiver holder shall reapply to the city’s designee, or the city if there is no
designee, for a waiver upon the expiration of the waiver period and shall
submit any required documentation, and/or fees/payments as required by
the city and/or its designee. Failure to submit a completed application shall
equate to an automatic denial of said application.
6. The city or its designee may revoke a waiver upon a determination that any
of the circumstances justifying a waiver are no longer applicable.
7. If the city or its designee does not approve a waiver application or revokes
a waiver, the waiver applicant may appeal the decision for additional review
pursuant to Chapter 1.20. The city may also, after meeting and conferring
with the designee, direct the designee to approve the waiver application
and/or repeal the revocation of the waiver.
8.04.215 Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements
of this section commencing January 1, 2022, and tier two commercial edible
food generators must comply commencing January 1, 2024, pursuant to 14
CCR Section 18991.3.
Page 258 of 450
Ordinance No. 1706 (2021 Series) Page 25
O 1706
B. Large venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating at the
large venue or large event to comply with the requirements of this section,
commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following
requirements:
1. Arrange to recover the maximum amount of edible food that would
otherwise be disposed. Food that is donated shall be free from adulteration,
spoilage, and meet the food safety standards of the California Health and
Safety Code. Food cannot be donated if it is not in compliance with the food
safety standards of the California Health and Safety Code, including food
that is returned by a customer, has been served or sold and in the
possession of a consumer, or is the subject of a recall.
2. Contract with or enter into a written agreement with food recovery
organizations or food recovery services for: (i) the collection of edible food
for food recovery; or, (ii) acceptance of the edible food that the commercial
edible food generator self-hauls to the food recovery organization for food
recovery.
3. Not intentionally spoil edible food that is capable of being recovered by a
food recovery organization or a food recovery service.
4. Allow city’s designated enforcement entity or designated third party
enforcement entity to access the premises and review records pursuant to
14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise
specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or
receives its edible food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
c. A record of the following information for each of those food recovery
services or food recovery organizations:
i. The name, address and contact information of the food recovery
service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food
recovery service or food recovery organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a food recovery service or food recovery
organization for food recovery.
Page 259 of 450
Ordinance No. 1706 (2021 Series) Page 26
O 1706
6. Maintain records required by this section for five (5) years.
7. No later than January 31 of each year commencing no later than January
31, 2023 for tier one commercial edible food generators and January 31,
2025 for tier two commercial edible food generators, provide an annual food
recovery report to city’s designee, or the city if there is no designee, that
includes the following information:
a. The amount, in pounds, of edible food donated to a food recovery
service or food recovery organization annually; and,
b. The amount, in pounds of edible food rejected by a food recovery service
or food recovery organization annually.
c. Any additional information required by the City Manager or their
designee.
D. Nothing in this chapter shall be construed to limit or conflict with the protections
provided by the California Good Samaritan Food Donation Act of 2017, the
Federal Good Samaritan Act, or share table and school food donation guidance
pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of
California on September 25, 2017, which added Article 13 [commencing with
Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education
Code, and to amend Section 114079 of the Health and Safety Code, relating
to food safety, as amended, supplemented, superseded and replaced from time
to time).
8.04.216 Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible
food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible
food generator per month.
3. The quantity in pounds of edible food transported to each food recovery
organization per month.
4. The name, address, and contact information for each food recovery
organization that the food recovery service transports edible food to for food
recovery.
Page 260 of 450
Ordinance No. 1706 (2021 Series) Page 27
O 1706
B. Food recovery organizations collecting or receiving edible food directly from
commercial edible food generators, via a contract or written agreement
established under 14 CCR Section 18991.3(b), shall maintain the following
records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible
food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible
food generator per month.
3. The name, address, and contact information for each food recovery service
that the organization receives edible food from for food recovery.
C. Maintain records required by this section for five (5) years.
D. Food recovery organizations and food recovery services that have their primary
address physically located in the city and contract with or have written
agreements with one or more commercial edible food generators pursuant to
14 CCR Section 18991.3(b) shall report to the city it is located in and the city’s
designee, if applicable, the total pounds of edible food recovered in the
previous calendar year from the tier one and tier two commercial edible food
generators they have established a contract or written agreement with pursuant
to 14 CCR Section 18991.3(b). The annual report shall be submitted to the
city’s designee, or the city if there is no designee, if applicable, no later than
January 31 of each year.
E. In order to support edible food recovery capacity planning assessments or
other studies conducted by the city that provides solid waste collection
services, or its designated entity, food recovery services and food recovery
organizations operating in the city shall provide information and consultation to
the city’s designee, or the city if there is no designee, if applicable, upon
request, regarding existing, or proposed new or expanded, food recovery
capacity that could be accessed by the city and its commercial edible food
generators. A food recovery service or food recovery organization contacted by
the city and/or its designee shall respond to such request for information within
60 days, unless a shorter timeframe is otherwise specified by the city.
F. Nothing in this chapter prohibits a food recovery organization or food recovery
service from refusing to accept edible food from a commercial edible food
generator.
8.04.217 Requirements for Haulers and Facility Operators.
A. Requirements for Haulers
Page 261 of 450
Ordinance No. 1706 (2021 Series) Page 28
O 1706
1. Franchise hauler(s) providing recyclable materials, organic waste, and/or
solid waste collection services to generators within the city’s boundaries
shall meet the following requirements and standards as a condition of
approval of its contract, agreement, permit, or other authorization with the
city to collect recyclable materials, organic materials, and/or solid waste:
a. Through written notice to the city annually on or before January 31 of
each year, identify the facilities to which they will transport discarded
materials, including facilities for source separated recyclable materials,
source separated organic materials, and solid waste unless otherwise
stated in the franchise agreement, contract, permit, or license, or other
authorization with the city.
b. Transport source separated recyclable materials to a facility that
recovers those materials; transport source separated organic materials
to a facility, operation, activity, or property that recovers organic waste
as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid
waste to a disposal facility or transfer facility or operation that processes
or disposes of solid waste; and transport manure to a facility that
manages manure in conformance with 14 CCR Article 12 and such that
the manure is not landfilled, used as alternative daily cover (ADC), or
used as alternative intermediate cover (AIC).
c. Obtain approval from the city to haul organic waste, unless it is
transporting source separated organic waste to a community
composting site or lawfully transporting C&D in a manner that complies
with 14 CCR Section 18989.1 and city’s Construction and Demolition
Debris Recycling Program.
2. Franchise hauler(s) authorized to collect recyclable materials, organic
materials, and/or solid waste shall comply with education, equipment,
signage, container labeling, container color, contamination monitoring,
reporting, and other requirements contained within its franchise agreement,
permit, or other agreement entered into with city.
B. Requirements for Facility Operators and Community Composting Operations
1. Owners of facilities, operations, and activities located in the city’s
boundaries that recover organic waste, including, but not limited to, compost
facilities, in-vessel digestion facilities, and publicly-owned treatment works
shall, upon city request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and
activities, including information about throughput and permitted capacity
necessary for planning purposes. Entities contacted by the city shall
respond within 60 days.
Page 262 of 450
Ordinance No. 1706 (2021 Series) Page 29
O 1706
2. Community composting operators with operations located in the city’s
boundaries, upon city request, shall provide information to the city to
support organic waste capacity planning, including, but not limited to, an
estimate of the amount of organic waste anticipated to be handled at the
community composting operation. entities contacted by the city shall
respond within 60 days.
8.04.218 Recyclable and Organic Materials Self-Hauling Requirements.
A. Every self-hauler shall source separate its recyclable materials and organic
materials (materials that city otherwise requires generators or responsible
parties to separate for collection in the city’s recyclable materials and organic
materials collection program) generated on-site from solid waste in a manner
consistent with 14 CCR Section 18984.1 and the city’s collection program. Self-
haulers shall deliver their materials to facilities described in subsection (b)
below.
B. Self-haulers that source separate their recyclable materials and organic
materials shall haul their source separated recyclable materials to a facility that
recovers those materials; haul their source separated organic waste to a
facility, operation, activity, or property that processes or recovers source
separated organic waste; and, haul their solid waste to a disposal facility or
transfer facility or operation that processes or disposes of solid waste.
C. Self-haulers that are responsible parties of commercial businesses or multi-
family premises shall keep records of the amount of recyclable materials,
organic waste, and solid waste delivered to each facility, operation, activity, or
property that processes or recovers recyclable materials and organic waste and
processes or disposes of solid waste or shall keep records of solid waste
delivered to high diversion organic waste processing facilities. These records
shall be subject to review by the city and/or its designee(s). The records shall
include the following information:
1. Delivery receipts and weight tickets from the entity accepting the recyclable
materials, organic materials, and solid waste.
2. The amount of material in cubic yards or tons transported by the generator
or responsible party to each entity.
3. If the material is transported to an entity that does not have scales on-site
or employs scales incapable of weighing the self-hauler’s vehicle in a
manner that allows it to determine the weight of materials received, the self-
hauler is not required to record the weight of material but shall keep a record
of the entities that received the recyclable materials, organic materials, and
solid waste.
Page 263 of 450
Ordinance No. 1706 (2021 Series) Page 30
O 1706
D. Self-haulers of food waste shall retain all records and data required to be
maintained by this section for no less than five (5) years after the waste was
first delivered to the facility accepting the material.
8.04.219 Inspections and Investigations.
A. City representatives or its designee(s) are authorized to conduct inspections
and investigations, at random or otherwise, of any collection container,
collection vehicle loads, or transfer, processing, or disposal facility for materials
collected from generators, or source separated materials to confirm compliance
with this chapter by generators, responsible parties of single-family premises,
responsible parties of commercial businesses, responsible parties of multi-
family premises, commercial edible food generators, haulers, self-haulers, food
recovery services, and food recovery organizations, subject to applicable laws.
Inspection of residential containers may only be conducted once container is
placed on a curb or sidewalk for the intended purpose of being serviced. This
section does not permit city or its designee to enter the interior of a private
residential property for Inspection, nor does it allow city or its designee to
approach a residential structure if containers are not pulled out to curb or
sidewalk for service.
B. Entities regulated by this chapter shall provide or arrange for access during all
inspections (with the exception of residential property interiors) and shall
cooperate with the city’s representative or its designee during such inspections
and investigations. Such inspections and investigations may include
confirmation of proper placement of materials in containers, inspection of edible
food recovery activities, review of required records, or other verification or
inspection to confirm compliance with any other requirement of this chapter.
failure of a responsible party to provide or arrange for: (i) access to an entity’s
premises; or (ii) access to records for any inspection or investigation is a
violation of this chapter and may result in penalties described in Chapter 8.04.
C. Any records obtained by a city or its designee during its Inspections, and other
reviews shall be subject to the requirements and applicable disclosure
exemptions of the Public Records Act as set forth in Government Code Section
6250 et seq.
D. City or its designee shall receive written complaints from persons regarding an
entity that may be potentially non-compliant with SB 1383 Regulations,
including receipt of anonymous complaints.
E. City representatives and/or their designee are authorized to provide
informational notices to entities regulated by this chapter regarding compliance
with this chapter.
Page 264 of 450
Ordinance No. 1706 (2021 Series) Page 31
O 1706
SECTION 22: Section 8.04.220 (Enforcement) of the San Luis Obispo Municipal
Code is hereby amended as follows:
A. The city’s Code Enforcement Division, city engineer, and the police department
are specifically empowered to enforce the provisions of this chapter.
B. No person shall in any manner interfere with the collection or disposal of waste
by any person authorized by franchise to collect and dispose of the same. (Prior
code § 5200.13)
C. Beginning January 1, 2024, if the city determines that a generator, responsible
party, self-hauler, hauler, tier one or tier two commercial edible food generator,
food recovery organization, food recovery service, or other entity is not in
compliance with Sections 8.04.211-8.04.219, it shall document the
noncompliance or violation, issue a Notice of Violation, and take enforcement
action pursuant to this section, as needed.
SECTION 23: Section 8.04.230 (Violation - Penalty) of the San Luis Obispo
Municipal Code is hereby amended as follows:
In addition to any other remedy authorized by this chapter, any violation of
the provisions of this chapter by any person or restaurant is subject to provisions set forth
in Chapter 1.24. (Ord. 1640 § 3 (part), 2017)
SECTION 24: Chapter 8.05 (Construction and Demolition Debris Recycling
Program) of the San Luis Obispo Municipal Code is hereby amended as follows:
Sections:
8.05.010 Definitions.
8.05.020 Compliance with CALGreen recycling requirements.
8.05.030 Submission of recycling plan.
8.05.040 Review of recycling plan.
8.05.050 Compliance with recycling plan.
8.05.060 Infeasible exemption.
8.05.070 Appeals.
8.05.080 Civil penalties.
SECTION 25: Section 8.05.010 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended as follows:
8.05.010 Definitions.
“Applicant” means any individual, firm, limited liability company, association, partnership,
political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the city for the applicable
permits to undertake any construction, demolition, or renovation project within the city,
unless otherwise specifically exempted by law.
Page 265 of 450
Ordinance No. 1706 (2021 Series) Page 32
O 1706
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that refers to
the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “Compliance
official” means the utilities conservation coordinator or his/her designee.
“Construction” means the building of any structure or any portion thereof including any
tenant improvements to an existing facility or structure.
“Construction and demolition debris” means used or discarded materials removed from
premises during construction or renovation of a structure resulting from construction,
remodeling, repair, or demolition operations on any pavement, house, commercial
building, or other structure.
“Conversion rate” means the rate set forth in the standardized conversion rate table
approved by the city pursuant to this chapter for use in estimating the volume or weight
of materials identified in a recycling plan.
“Covered project” shall have the meaning set forth in Section 8.05.020(A).
“Deconstruction” means the systematic removal of usable items from a structure.
“Demolition” means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
“Divert” means to use material for any purpose other than disposal in a landfill.
“Diversion requirement” means the diversion of at least fifty percent by weight of the total
construction and demolition debris generated by a project via reuse or recycling, unless
the applicant has been granted an infeasible exemption pursuant to Section 8.05.060, in
which case the diversion requirement shall be the maximum feasible diversion rate
established by the recycling plan compliance official for the project.
“Noncovered project” shall have the meaning set forth in Section 8.05.020(C).
“Enforcement Action" means an action of the city to address non-compliance with this
chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
“Project” means any activity which requires an application for a building or demolition
permit or any similar permit from the city.
“Renovation” means any change, addition, or modification in an existing structure.
“Reuse” means further or repeated use of construction or demolition debris.
Page 266 of 450
Ordinance No. 1706 (2021 Series) Page 33
O 1706
“Salvage” means the controlled removal of construction or demolition debris from a
permitted building or demolition site for the purpose of recycling, reuse or storage for later
recycling or reuse.
“Recycling plan” means a completed recycling plan form, approved by the city for the
purpose of compliance with this chapter, submitted by the applicant for any covered or
noncovered project. (Ord. 1381 § 1 (part), 2001)
SECTION 26: Section 8.05.020 (Threshold for covered projects) of the San Luis
Obispo Municipal Code is hereby amended as follows:
8.05.020 Compliance with CALGreen recycling requirements.
A. Persons applying for a permit from the city for new construction and building
additions and alterations shall comply with the requirements of this section and
all required components of the California Green Building Standards Code, 24
CCR, Part 11, known as CALGreen, as amended, if its project is covered by
the scope of CALGreen or more stringent requirements of the city. If the
requirements of CALGreen are more stringent than the requirements of this
section, the CALGreen requirements shall apply.
B. For projects covered by CALGreen or more stringent requirements of the city,
the applicants must, as a condition of the city’s permit approval, comply with
the following:
1. Where five (5) or more multi-family dwelling units are constructed on a
building site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection of
recyclable materials container and organic materials container materials,
consistent with the three or more-container collection program offered by
the city, or comply with provision of adequate space for recycling for multi-
family premises and commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling
space effective January 1, 2020.
2. New commercial or multi-family construction or additions resulting in more
than 30% of the floor area shall provide readily accessible areas identified
for the storage and collection of recyclable materials container and organic
materials container materials, consistent with the three or more-container
collection program offered by the city, or shall comply with provision of
adequate space for recycling for multi-family premises and commercial
premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24 CCR, Part 11 as amended
provided amended requirements are more stringent than the CALGreen
requirements for adequate recycling space effective January 1, 2020.
Page 267 of 450
Ordinance No. 1706 (2021 Series) Page 34
O 1706
3. Comply with CALGreen requirements and applicable law related to
management of C&D, including diversion of organic waste in C&D from
disposal. Comply with city’s Construction and Demolition Debris Recycling
Program Ordinance, Chapter 8.05 of City’s Municipal Code, and all written
and published city policies and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of C&D debris.
C. Compliance as a Condition of Approval. Compliance with the provisions of this
chapter shall be listed as a condition of approval on any building or demolition
permit issued for a covered project.
D. Control of Waste. Regardless of the project size and requirement for a formal
recycling plan, all projects shall implement control of waste to prevent the
release of pollutants to the storm drain system in accordance with the city’s
storm water quality ordinance, set forth in Chapter 12.08. (Ord. 1543 § 4, 2010;
Ord. 1381 § 1 (part), 2001)
SECTION 27: Section 8.05.030 (Submission of a recycling plan) subsections (A-
B) of the San Luis Obispo Municipal Code are hereby amended as follows:
A. Recycling Plan Forms. Applicants for building or demolition permits involving
any covered project shall complete and submit a recycling plan on a recycling
plan form approved by the city for this purpose as part of the application packet
for the building or demolition permit. The completed recycling plan shall indicate
all of the following:
1. Identify the construction and demolition waste materials to be diverted from
disposal by recycling, reuse on the project, or salvage for future use or sale.
2. Specify if construction and demolition waste materials will be sorted on-site
(source-separated) or bulk mixed (single stream).
3. Identify diversion facilities where the construction and demolition waste
material will be taken.
4. Identify construction methods employed to reduce the amount of
construction and demolition waste generated.
5. Specify that the amount of construction and demolition waste materials
diverted shall be calculated by weight.
SECTION 28: Section 8.05.040 (Review of recycling plan) of the San Luis Obispo
Municipal Code is hereby amended as follows:
Page 268 of 450
Ordinance No. 1706 (2021 Series) Page 35
O 1706
A. Approval. Notwithstanding any other provision of this code, no building or
demolition permit shall be issued for any covered project unless and until the
recycling plan compliance official has approved the recycling plan. Approval
shall not be required, however, where an emergency demolition is required to
protect the public health, welfare or safety as determined by the chief building
official. The recycling plan compliance official shall only approve a recycling
plan if he or she first determines that all of the following conditions have been
met:
1. The recycling plan provides all of the information set forth in Section
8.05.030(A); and
2. The recycling plan indicates that at least sixty-five percent by weight of all
construction and demolition debris generated by the project will be diverted.
If the recycling plan compliance official determines that these conditions have been met,
he or she shall mark the recycling plan “Approved,” return a copy of the recycling plan to
the applicant, and notify the building department that the recycling plan has been
approved.
SECTION 29: Section 8.05.050 (Compliance with recycling plan) subsection (A)
of the San Luis Obispo Municipal Code is hereby amended as follows:
A. Documentation. Prior to receiving a certificate of occupancy for the project, the
applicant shall submit to the recycling plan compliance official documentation
that the diversion requirement for the project has been met. The diversion
requirement shall be that the applicant has diverted at least sixty-five percent
of the total construction and demolition debris generated by the project via
reuse or recycling, unless the applicant has been granted an infeasible
exemption pursuant to Section 8.05.060, in which case the diversion
requirement shall be the maximum feasible diversion rate established by the
recycling plan compliance official for the project. This documentation shall
include all of the following:
1. Receipts from the vendor or facility which collected or received each
material showing the actual weightof that material;
2. Any additional information the applicant believes is relevant to determining
its efforts to comply in good faith with this chapter.
SECTION 30: Section 8.05.060 (Infeasible exemption) subsections (B-C) of the
San Luis Obispo Municipal Code are hereby amended as follows:
B. Meeting with Recycling Plan Compliance Official. The recycling plan
compliance official shall review the information supplied by the applicant and
may meet with the applicant to discuss possible ways of meeting the diversion
requirement.
Page 269 of 450
Ordinance No. 1706 (2021 Series) Page 36
O 1706
C. Granting of Exemption. If the recycling plan compliance official determines that
it is infeasible for the applicant to meet the diversion requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate
for each material and shall indicate this rate on the recycling plan submitted by
the applicant. The recycling plan compliance official shall return a copy of the
recycling plan to the applicant marked “Exempt” and shall notify the building
division that the recycling plan has been approved.
SECTION 31. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this ordinance, or any other provisions of the
city's rules and regulations. It is the city's express intent that each remaining portion would
have been adopted irrespective of the fact that any one or more subdivisions, paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable.
Page 270 of 450
Ordinance No. 1706 (2021 Series) Page 37
O 1706
SECTION 32. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes shall be published at least five days prior to its final
passage in the New Times, a newspaper published and circulated in said city, and the
same shall go into effect at the expiration of 30 days after its final passage. A copy of the
full text of this ordinance shall be on file in the Office of the City Clerk on and after the
date following introduction and passage to print and shall be available to any member of
the public.
INTRODUCED on the_______ day of _____, 2021, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the______ day of______, 2021, on the
following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
Page 271 of 450
Page 272 of 450