HomeMy WebLinkAboutO-1706 amending Title 8, Chapters 8.04 and 8.05 of the San Luis Obispo Municipal CodeOrdinance No. 1706 (2021 Series) Page 1
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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40000, et seq., as amended, supplemented, superseded, and replaced from time to time),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Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to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Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and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
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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.
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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.
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“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.
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“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.
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“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.
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“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.
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“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.
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“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.
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“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.
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“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.
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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.
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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)
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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)
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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.
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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)
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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:
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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“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.
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“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.
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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:
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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.
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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.
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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 16th day of November 2021, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the 7th day of December 2021, on
the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson,
and Mayor Stewart
NOES: None
ABSENT: None
___________________________
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
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