§ 6.06.020 — Definitions

6.06.020 - Definitions.

Except as otherwise provided herein, the definitions listed in Chapter 6.04 of this Code shall apply to this chapter. The following definitions shall also apply. In the event the definitions of Chapter 6.04 are inconsistent with this section, the definitions of this section shall take precedence. AB 1826 means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time. AB 341 means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 341", as amended, supplemented, superseded, and replaced from time to time. Business means: 1. A commercial entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including, but not limited to, offices, retail stores, markets, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, and gas stations and automotive facilities; and 2. Not-for-profit organizations, including, but not limited to, churches, hospitals, and social service organizations. California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). Commercial edible food generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this chapter or as otherwise 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). Commercial hauler or hauler means any person who collects, hauls, or transports commercial solid waste for a fee by use of any means, including, but not limited to, a dumpster truck, roll-off truck, a side-load, front-load, or rear-load garbage truck, or a trailer. Commercial solid waste means all solid waste, as defined in this section, that is generated by and at commercial and industrial sources, multifamily residential properties, and construction and demolition activities that is collected by a commercial hauler. Covered generator means all businesses and multifamily residential properties that are subject to the requirements of this chapter and applicable state laws. The public works director and/or his or her designee shall specify the minimum weekly solid waste collection service or other threshold that defines covered generators for the purposes of this chapter. Customer means a business or multifamily residential property owner or generator who contracts for solid waste removal services with a franchised waste hauler. Where several businesses or multifamily residential properties share garbage containers and service, "customer" refers only to the party who enters into a contract for solid waste collection services. 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 ordinance 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 Retail Food Code. Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22). Food facility has the same meaning as in section 113789 of the California Health and Safety Code. 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 California 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. A food recovery organization 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). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter. 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). Franchise or commercial franchise means a commercial solid waste and recyclables collection franchise issued to a commercial hauler by the city. Franchisee or franchised waste hauler means a person or entity holding a commercial or residential franchise issued by the city. Multifamily residential property means five or more individual living units located on a single parcel of land and any mobile home park located within the city. 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. Organics recycling means the process of collecting, sorting and treating designated organic recyclable materials and/or designated green materials that would have otherwise become solid waste and returning them to a safe, nuisance-free compost product by treating the materials to a controlled biological decomposition. Place, premises, and property means every multi-family residential property with five or more units, trailer or mobile home park, store, restaurant, rooming house, hotel, motel, office building, department store, manufacturing, processing or assembling shop or plant, and every other place or premises where any business is carried on or conducted within the City. 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). Recycling facility means those facilities or operations that receive, process, and transfer to market recyclable materials or organic recyclable materials that have been source separated from the solid waste stream. Recyclable materials container means any box, tub, cart, or other container placed inside each individual multifamily residential unit and in maintenance or work areas on the premises of covered generators that is made of metal, hard plastic or other similar material and is suitable for the collection of designated recyclable materials and designated organic recyclable materials pursuant to this chapter. Recycling materials containers must be approved by the city. SB 1383 means Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) also commonly referred to as "SB 1383", as amended, supplemented, superseded, and replaced from time to time. SB 1383 Regulations or 14 CCR means Title 14 of the California Code of Regulations, Division 7, Chapter 12: Short-lived climate pollutants, beginning with section 18981.1, as amended, supplemented, superseded and replaced from time to time. Tier One Commercial Edible Food Generator means a commercial edible food generator that is one of the following: 1. Supermarket. 2. Grocery store with a total facility size equal to or greater than 10,000 square feet. 3. Food service provider. 4. Food distributor. 5. Wholesale food vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. 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 ordinance.

(Ord. 7568 § 1, 2021; Ord. 7516 § 1, 2020)