HomeMy WebLinkAbout2021-11-16; City Council; CS-408; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL CODE REGULATING SOLID WASTE AND 8.17 OF THE CARLSBAD MUNICIPAL CODE REGULATING SPECIAL EVENTSORDINANCE NO. CS-408 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL
CODE REGULATING SOLID WASTE AND 8.17 OF THE CARLSBAD MUNICIPAL
CODE REGULATING SPECIAL EVENTS
WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939), which was
passed in response to the State of California’s increasing waste stream and limited landfill capacity,
requires the City of Carlsbad (City) to reduce the amount of its waste disposed of in landfills to no more
than 50% of the City’s total waste stream; and
WHEREAS, Assembly Bill 341 (AB 341) requires the City to implement a mandatory commercial
recycling program under which, beginning on July 1, 2012, any business or any multi-family residential
dwelling of five or more units (Business) that generates four cubic yards or more of solid waste per
week must arrange for recycling services; and
WHEREAS, Senate Bill 1383 (SB 1383) requires the City to implement a mandatory organics
recycling program under which, beginning on January 1, 2022, all businesses and residents must
arrange for organic waste recycling services; and
WHEREAS, the City’s local solid waste regulations, codified at Carlsbad Municipal Code Chapter
6.08, currently require those that receive regular solid waste service from the City’s designated
franchise hauler to segregate recyclable materials from solid waste and to recycle such materials in
designated recycling containers; and
WHEREAS, the City desires to incorporate mandatory organics recycling requirements,
consistent with SB 1383, into the Carlsbad Municipal Code to permit for local enforcement of organic
waste recycling and reporting requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
SECTION I: The above recitations are true and correct.
SECTION II: Carlsbad Municipal Code Title 6, Chapter 6.08 Solid Waste is amended to read as
follows:
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Chapter 6.08
SOLID WASTE
Sections: 6.08.010 Definitions. 6.08.020 Required discarded materials handling. 6.08.022 Requirements for multi-family premises. 6.08.023 Requirements for commercial premises. 6.08.024 Reserved. 6.08.025 Waivers for multi-family premises and commercial premises. 6.08.026 Requirements for special events. 6.08.027 Requirements for commercial edible food generators. 6.08.028 Requirements for Food Recovery Organizations and Services. 6.08.030 Containers generally. 6.08.040 Cleanliness of discarded materials collection containers. 6.08.045 Cleanliness of discarded materials collection container areas or enclosures. 6.08.050 Discarded materials collection containers to be kept covered. 6.08.055 Composting. 6.08.060 Residential discarded materials carts—maximum weight. 6.08.070 Maximum residential collection. 6.08.080 Placement of residential carts for collection. 6.08.090 Timing of placement of residential carts for collection. 6.08.100 Unlawful placement of solid waste. 6.08.110 Unhindered access to collection containers. 6.08.120 Special collection service. 6.08.130 Bulky item collection. 6.08.140 Shared service allowed. 6.08.150 Multiple tenant residential service. 6.08.160 Hauling discarded materials and construction and demolition debris. 6.08.161 Self-hauler requirements. 6.08.162 Facility operator requirements. 6.08.170 Unauthorized collection (scavenging). 6.08.180 Contracts. 6.08.190 Rate and fees for service. 6.08.200 Payment of fees. 6.08.210 Liability for payment. 6.08.215 Administrative regulations. 6.08.218 Inspections and investigations by city. 6.08.220 Enforcement. 6.08.230 Savings clause. 6.08.240 Severability
6.08.010 Definitions.
A. For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed
to them by this section, unless it is obvious from the context that another meaning is intended:
“Bin” means a container with capacity of approximately one to eight cubic yards, provided by the city or its
franchisee, equipped with a hinged lid and wheels (where appropriate), that may be services by a front-
end loading collection vehicle, including bins with compactors attached to increase the capacity of the
bin.
“Bulky item” means discarded appliances, furniture, tires, carpets, mattresses, e-waste, bundled and tied
yard trimmings, and/or wood waste, and similar large items which can be handled by two people, weigh
no more than 200 pounds, and require special collection due to their size or nature, but can be collected
without the assistance of special loading equipment and without violating vehicle load limits. Bulky
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items must be generated by the customer and at the service address where the bulky items are
collected. Bulky items do not include abandoned automobiles, large auto parts, trees, construction and
demolition debris, or items defined as excluded waste.
“California Code of Regulations (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 Cal. Code of Regs., Title 14).
“CalRecycle” means California's Department of Resources Recycling and Recovery.
“Cart” means a plastic container provided by the city or its franchisee with a hinged lid and wheels serviced
by an automated or semi-automated collection vehicle. A cart has capacity of 20, 35, 64 or 96 gallons
(or similar volumes).
“City” or “City of Carlsbad” means the incorporated territory of the City of Carlsbad.
“Collection container(s)” means collectively the carts, bins or drop boxes furnished by the city or franchisee
used for storage of discarded materials prior to collection.
“Commercial” or “commercial business” shall mean of, from, or pertaining to non-residential premises where
business activity is conducted, including, without limitation, retail sales, services, wholesale operations,
manufacturing, and industrial operations, but excluding businesses conducted upon residential
property which are permitted under applicable zoning regulations and are not the primary use of the
property.
“Commercial edible food generator” has the same meaning as in 14 CCR Section 18982(a)(7).
“Community composting” means any activity that composts as specified in 14 CCR Section 17855(a)(4); or
as otherwise defined in 14 CCR Section 18982(a)(8).
“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 to eight cubic yard bin
compactors serviced by front-end loader collection vehicles and 10 to 50 cubic yard drop box
compactors serviced by roll-off collection vehicles.
“Compliance review” means a review of records by a city to determine compliance with this chapter.
“Compostable plastics” or “compostable plastic” means plastic materials that meet the ASTM D6400
standard for compostability.
“Composting” or “compost” (or any variation thereof) includes a controlled biological decomposition of
organic materials yielding a safe and nuisance free compost product.
“Construction and demolition debris” or “C&D” includes discarded building materials, packaging, debris, and
rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any
pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded
waste. Construction and demolition debris includes rocks, soils, tree remains, and other yard trimmings
which result from land clearing or land development operations in preparation for construction.
“Designee” means an entity that a city contracts with or otherwise arranges to carry out any of the city’s
responsibilities in 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.
“Director” means the city’s public works director or designee, or other city official as designated by the city
manager.
“Discarded materials” means recyclable materials, organic materials, and solid waste placed by a generator
in a receptacle and/or at a location for the purposes of collection by franchisee, excluding excluded
waste.
“Discarded material service” means the collection, transport, processing, and/or disposal of solid waste,
organic materials, and recyclable materials.
“Divert” or “diversion” (or any variation thereof) means to prevent discarded materials from disposal at landfill
or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or
biological conversion methods) through source reduction, reuse, recycling, composting, anaerobic
digestion or other method of processing, subsequent to the provisions of AB 939 (1989). Diversion is
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a broad concept that is to be inclusive of material handling and processing changes that may occur
over the term including, without limitation, changes in standard industry practice or implementation of
innovative (but not necessarily fully proven) techniques or technology that reduce disposal risk,
decrease costs and/or are for other reasons deemed desirable by the city.
“Drop box” means an open top container with a capacity of seven to 40 cubic yards that is serviced by a roll-
off collection vehicle.
“Edible food” means food intended for human consumption. Nothing in this chapter requires or authorizes
the recovery of edible food that does not meet the food safety requirements of the California Retail
Food Code (California Health & Safety Code § 113700 et seq.).
“Event organizer” has the same meaning as set forth in Section 8.17.020 of this code, as it may be amended
from time to time.
“Excluded waste” means hazardous substance, hazardous waste, infectious waste, designated waste,
volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that
the franchisee reasonably believes would, as a result of or upon disposal, be a violation of local, state
or federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot
be disposed of in Class III landfills, waste that in franchisee’s reasonable opinion would present a
significant risk to human health or the environment, cause a nuisance or otherwise create or expose
franchisee or city to potential liability; but not including de minimis volumes or concentrations of waste
of a type and amount normally found in residential solid waste after implementation of programs for the
safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code. Excluded waste does not include used
motor oil and filters, or household batteries when properly placed for collection by franchisee as set
forth in this chapter.
“Food distributor” has the same meaning as 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” has the same meaning as defined in 14 CCR Section 18982(a)(24).
“Food recovery organization” has the same meaning as in 14 CCR Section 18982(a)(25).
“Food scraps” means those discarded materials that will decompose and/or putrefy including: (i) all kitchen
and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage,
preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish
waste; and, (iv) vegetable trimmings, houseplant trimmings and other compostable organic waste
common to the occupancy of residential dwellings. Food scraps are a subset of food waste.
“Food service provider” has the same meaning as in 14 CCR Section 18982(a)(27).
“Food-soiled paper” means compostable paper material that has come in contact with food scraps or liquid,
such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and
milk cartons.
“Food waste” means source-separated food scraps, food-soiled paper, and compostable plastics. Food
waste is a subset of organic materials.
“Generator” means any person whose act or process produces discarded materials as defined in the
California Public Resources Code, or whose act first causes discarded materials to become subject to
regulation.
“Franchisee” means any person, persons, firm or corporation to whom a franchise has been granted by the
city for the collection, processing, recycling and disposal of solid waste.
“Grocery store” has the same meaning as in 14 CCR Section 18982(a)(30).
“Hauler route” has the same meaning as in 14 CCR Section 18982(a)(31.5).
“Hazardous waste” means all substances defined as hazardous waste, acutely hazardous waste, or
extremely hazardous waste by the state in California Health and Safety Code Sections 25110.02,
25115, and 25117, as they may be amended from time to time, or identified and listed as hazardous
waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource
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Conservation and Recovery Act (42 USC § 6901 et seq.), as it may be amended from time to time,
and all implementing rules and regulations.
“High diversion organic waste processing facility” has the same meaning as in 14 CCR Section 18982(a)(33).
“Inspection” has the same meaning as in 14 CCR Section 18982(a)(35).
“Large event” has the same meaning as in 14 CCR Section 18982(a)(38).
“Large venue” has the same meaning as in 14 CCR Section 18982(a)(39).
“Large education agency” has the same meaning as in 14 CCR Section 18982(a)(40)
“Multi-family” or “multi-family premises” means, for the purposes of this chapter, any residential premises,
other than a single-family premises, with five or more dwelling units used for residential purposes
(whether temporarily or permanently), 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 customer at one address. Customers residing in townhouses, mobile
homes, condominiums, or other structures with five or more dwelling units who receive individual
service and are billed separately shall not be considered multi-family.
“Organic materials” means yard trimmings, compostable plastic, and food waste, individually or collectively.
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 waste” has the same meaning as in 14 CCR Section 18982(a)(46) and shall also include
compostable plastic and yard trimmings.
“Permitted C&D hauler(s)” means any person, persons, firm or corporation to whom the city has granted a
permit for the collection, recycling and disposal of construction and demolition debris generated from
a city-permitted construction, demolition, alteration, or remodel project.
“Person” includes any person, firm, association, organization, partnership, business trust, joint venture,
corporation, or company and includes the United States, the State of California, the County of San
Diego, the City of Carlsbad, cities, districts, and any officer or agency of them.
“Pollutants” means and includes, without limitation, solid waste, sewage, garbage, medical waste, wrecked
or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial
waste, and any organic or inorganic substance defined as a pollutant under Title 40, Section 122.2 of
the Code of Federal Regulations whose presence degrades the quality of the receiving waters in
violation of basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus,
enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total
organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers,
pesticides, herbicides and other biocides. A pollutant also includes any contaminant which degrades
the quality of the receiving waters in violation of basin plan and California ocean plan standards by
altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen
demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other narrative
standards of the basin plan.
“Premises” means any land or building in the city where discarded materials are generated or accumulated.
“Prohibited container contaminants” means the following: (i) discarded materials placed in the recyclable
materials collection container that are not identified as acceptable recyclable materials for the city’s
collection program; (ii) discarded materials placed in the organic materials collection container that are
not identified as acceptable organic materials for the city’s collection program; (iii) discarded materials
placed in the solid waste collection container that are acceptable recyclable materials and/or organic
materials to be placed in the city’s recyclable materials or organic materials containers or otherwise
managed under the city’s collection program; and, (iv) excluded waste placed in any container.
“Recovery” has the same meaning as 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 franchisee 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, without limitation: (i) newspaper
(including inserts, coupons, and store advertisements); (ii) mixed paper (including office paper,
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computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper
egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad
backings, shoe boxes, tabletop beverage containers, cereal, and other similar food boxes yet excluding
paper tissues, paper towels, paper with plastic coating, paper contaminated with food, wax paper, foil-
lined paper and cartons, Tyvex non-tearing paper envelopes); (iii) chipboard; (iv) corrugated cardboard;
(v) glass containers of any color (including brown, clear, and green glass bottles and jars); (vi)
aluminum (including beverage containers and small pieces of scrap metal);(vii) steel, tin, or bi-metal
cans; (viii) mixed plastics such as plastic containers (no. one to seven), except expanded polystyrene
(EPS); (ix) bottles including containers made of high-density polyethylene (HDPE), low-density
polyethylene (LDPE), or polyethylene terephthalate (PET); (x) film plastic (when clean, dry, and
contained inside of a plastic bag); (xi) dry cell household batteries when placed on the recycling cart in
a sealed heavy-duty plastic bag; and, (xii) those materials added by the franchisee from time to time.
“Recycle” or “recycling” means the process of sorting, cleansing, treating, and reconstituting at a recyclable
materials processing facility materials that would otherwise be disposed of at a landfill for the purpose
of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted
products. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant
to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation
as defined in California Public Resources Code Section 40201.
“Recycling facility” means a recycling, composting, or materials recovery or reuse facility.
“Residential” means of, from, or pertaining to a single-family or multi-family premises including single-family
homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative
apartments.
“Responsible person” means the individual or entity responsible for the management of discarded materials
generated at a residential or commercial premises. In instances of dispute or uncertainty regarding
who is the responsible person for a premises, responsible person shall mean the owner of a residential
or commercial premises.
“Restaurant” has the same meaning as in 14 CCR Section 18982(a)(64).
“Route review” has the same meaning as in 14 CCR Section 18982(a)(65).
“SB 1838” means California 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 California Health and Safety
Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the
California 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. For the purposes of this chapter, SB 1383 specifically refers to the
Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by
CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and
amended portions of regulations of 14 CCR and 27 CCR.
“Self-hauler” or “self-haul” means a person who hauls recyclable materials and organic materials that such
person generates in or on their own Premises, to another person with their own vehicle. Self-hauler
also includes a person who back-hauls recyclable materials and organic materials from Premises they
own and operate. For purposes of this chapter, the definition of “self-hauler” or “self-haul” does not
include construction and demolition debris.
“Single-family” or “single-family premises” means, notwithstanding any contrary definition in the Carlsbad
Municipal Code, any detached or attached house or residence designed or used for occupancy by one
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” means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter
2, Section 40191 and implementing regulations. Excluded from the definition of solid waste are
excluded waste, C&D, source-separated recyclable materials, edible food if it is recovered and not
discarded, source-separated organic materials, and radioactive waste. Notwithstanding any provision
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to the contrary, solid waste may include de minimis volumes or concentrations of waste of a type and
amount normally found in residential solid waste after implementation of programs for the safe
collection, recycling, treatment, and disposal of household hazardous waste in compliance with Section
41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid
waste includes salvageable materials only when such materials are included for collection in a solid
waste collection container not source-separated from solid waste at the site of generation.
“Solid waste facility” means a solid waste transfer or processing station, a composting facility, a
transformation facility, or a disposal facility as approved by the city.
“Source-separated” means the segregation, by the generator, of materials designated for separate collection
for some form of recycling, composting, recovery, or reuse.
“Special event” has the same meaning as set forth in Section 8.17.020 of this code, as it may be amended
from time to time.
“State” means the state of California.
“Stormwater” has the same meaning as set forth in Section 15.04.020 of this code, as it may be amended
from time to time.
“Stormwater conveyance system” has the same meaning as set forth in Section 15.04.020 of this code, as
it may be amended from time to time.
“Supermarket” has the same meaning as in 14 CCR Section 18982(a)(71).
“Tier one commercial edible food generator” has the same meaning as in 14 CCR Section 18982(a)(73).
“Tier two commercial edible food generator” has the same meaning as in 14 CCR Section 18982(a)(74).
“Wholesale food vendor” has the same meaning as in 14 CCR Section 189852(a)(76).
“Yard trimmings” means those discarded materials that will decompose and/or putrefy, including, but not
limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree
trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic
materials resulting from normal yard and landscaping maintenance that may be specified for collection
and processing as organic materials under this chapter. Yard trimmings does not include items defined
as excluded waste. Yard trimmings are a subset of organic materials. Yard trimmings placed for
collection may not exceed six inches in diameter and three feet in length and must fit within the
franchisee-provided collection container.
B. Any other term that is defined by Division 30 (Waste Management) of the California Public Resources Code
(commencing with Section 4000) that is used but not otherwise defined in this chapter shall have the meaning
established by the California Public Resources Code, to the extent meaning is not inconsistent with the
context of the usage in this chapter and does not conflict with the approved franchise.
6.08.020 Required discarded materials handling.
A. Every person in possession, charge or control of any place or premises in the city in, upon, or from which
discarded materials are created, produced or accumulated shall:
1. Discard such solid waste, organic waste and/or recyclable materials through the discarded materials
collection service of the city or its franchisee.
2. Place and/or direct its generators to place source-separated organic materials in the organic materials
stream of the applicable container; source-separated recyclable materials in the recyclable materials
stream of the applicable container; and solid waste in the solid waste stream of the applicable container.
No person shall dispose of commercial grease or cooking oil in a compostable materials container.
3. Not place and/or direct its generators to not place prohibited container contaminants in containers and
not place materials designated for the organic materials containers or recyclable materials containers
in the solid waste containers.
4. Pay the established fee or fees.
B. The collection of discarded materials shall occur at least once per week.
C. Exceptions.
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1. Nothing in this chapter limits the right of any person to donate or sell the person’s recyclable materials
in lieu of placing the recyclable materials in recycling containers for collection.
2. Commercial businesses and multi-family premises with recycling compactors that receive a collection
frequency waiver pursuant to Section 6.08.025 may have recyclable materials collected once every
fourteen days
3. Upon customer request, and with written approval from the director or a designee, franchisee shall
cease providing, and collecting payment for, collection services to a premises which is anticipated to
be vacant for no less than 30 days. In addition, upon written direction from the director or a designee,
franchisee shall modify or otherwise cease providing collection services to customers requesting other
service exemptions, provided that such customers consistently demonstrate the ability to responsibly
manage discarded materials generated at the premises in question, in a manner consistent with
applicable law.
D. Nothing in this section prohibits a responsible person or generator of a premises from engaging in any of the
following activities, in addition to subscribing to the discarded materials collection service of the city or its
franchisee:
1. Donating or selling the service recipient’s source-separated organic materials to other persons,
provided that there is no net payment made by the service recipient to such other person.
2. Self-hauling materials within the requirements of Section 6.08.161.
3. Collecting C&D, if: (i) such persons maintain a city-issued permit granting such right; (ii) the C&D was
generated from a construction, demolition, alteration, or remodel project pursuant to a permit issued
by the city; and (iii) such persons comply with all other applicable requirements in Section 6.08.160.
4. Selling any items which are source-separated at any premises by the generator or donating any items
which are source-separated at any premises by the generator to youth, civic, or charitable
organizations. Materials will not be deemed donated if they are collected by a non-franchised waste
hauler that is not a 501(c)(3) organization.
5. Arranging for the collection of edible food for the purposes of food recovery, regardless of whether the
generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food.
6. Separating food scraps and using or distributing to other person(s) such food scraps for lawful use as
animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed
may be self-hauled by the generator or hauled by another party provided that there is no net payment
made by the service recipient to such other person.
7. Delivering containers for recycling under the California Beverage Container Recycling and Litter
Reduction Act (California Public Resources Code Section 14500, et seq.).
8. Arranging for discarded materials, and/or bulky items to be removed from a premises by a contractor
(e.g., gardener, landscaper, tree-trimming service, construction contractor who produces waste other
than C&D, residential clean-out service) as an incidental part of the service being performed, rather
than as a separately contracted or subcontracted hauling service; or if such contractor is providing a
service which is not included in the scope of the franchise agreement.
9. Composting or otherwise legally managing organic materials at the site where they are generated (e.g.,
backyard composting, or on-site anaerobic digestion) or at a community composting site.
10. Preventing or reducing discarded materials.
E. The responsible person for a commercial or a multifamily premises that does not receive regular recyclable
and/or organic materials collection from the city or its franchisee under Section 6.08.020(C)(1) and/or self-
hauls discarded materials pursuant to Section 6.08.161 shall submit an annual report to the city by (i) August
15, 2022, for the period of January 1, 2022 through June 30, 2022, and (ii) by May 1, 2023, and on or before
May 1 of each year thereafter, on a form or using a format prescribed by the city manager. Annual reports
submitted, beginning with May 1, 2023, shall include the following information for the entire previous calendar
year:
1. The name of the responsible person(s) for the premises.
2. The address for the premises.
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3. The name for the commercial business (if applicable).
4. The volume in cubic yards or gallons, measured by the size of the containers in use at the premises,
of recyclable materials and organic materials handled through self-hauling or other means, and
documentation verifying where all material was transported to.
5. Additional information as required by the director.
6.08.022 Requirements for multi-family premises.
A. In addition to the requirements described in Section 6.08.020 of this chapter and other applicable law, the
responsible person for any multi-family premises must do all of the following:
1. Provide on-site source-separated collection of recyclable materials, organic materials, and solid waste
to the occupants of the premises consistent with this chapter.
2. Provide a sufficient number and type of containers at the property to contain the recyclable materials,
organic materials, and solid waste generated by the occupants of the complex or premises.
3. Place recyclable material containers and organic materials containers in convenient locations for use
by occupants of the property, which means placement of recyclable materials containers and organic
materials containers adjacent to, or in the immediate vicinity of, solid waste containers in disposal
areas. The responsible person must pair recycling containers and organic materials containers with
solid waste containers of equivalent volume capacity at each disposal area.
4. Educate the occupants of the multi-family premises about the recycling and organic waste services as
follows:
a. The responsible person must annually distribute recycling and organic waste program information
to all occupants that describes the types of recyclable materials accepted, the location of
recyclable materials containers, and the occupant’s responsibility to recycle pursuant to this
chapter;
b. The responsible person must provide occupants with the recycling and organic waste program
information upon their first occupancy or use of the complex or premises; and
c. The responsible person must provide occupants with updated recycling program information upon
any change in recycling service to the multi-family or commercial premises.
B. Occupants of a multi-family premises must participate in the recycling program provided by the responsible
person by separating recyclable materials from other solid waste and depositing the recyclable materials in
the on-site recycling containers.
C. If the responsible person of a multi-family premises wants to self-haul, meet the self-hauler requirements in
Section 6.08.160 of this chapter, including retaining all records (including but not limited to receipts and
weight tickets) for no less than five years of the amount of recyclable materials and organic waste, delivered
to each facility, operation, activity, or property that processes or recovers recyclable materials and organic
waste subject to inspection by the city or its designee.
D. Multi-family premises that generate two cubic yards or more of total discarded 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.
6.08.023 Requirements for commercial premises.
A. In addition to the requirements described in Section 6.08.020 of this chapter and other applicable law,
responsible persons of commercial premises shall:
1. Supply and allow access to an adequate number, size and location of collection containers with
sufficient labels or colors (conforming with Section 6.08.023(A)(2) below) 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 6.08.160 of this chapter.
Nov. 16, 2021 Item #7 Page 11 of 31
2. Provide containers 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, then the
responsible person 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 person of the commercial business shall have
either:
a. A 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
person of the commercial business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the requirements of this
subsection prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary materials
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 to 14 CCR Section 18984.8, the container labeling requirements are
required on new containers commencing January 1, 2022.
3. To the extent 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 person to support its compliance
with self-hauler requirements in Section 6.08.160 of this chapter.
4. Annually 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).
5. 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.
6. Provide education information before or within 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.
7. 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.
8. If the responsible person of a commercial business wants to self-haul, meet the self-hauler
requirements in Section 6.08.160 of this chapter.
B. Responsible persons of commercial businesses that are tier one or tier two commercial edible food
generators shall comply with food recovery requirements, pursuant to Section 6.08.027 of this chapter.
6.08.024 Reserved.
6.08.025 Waivers for multi-family premises and commercial premises.
A. Collection frequency waiver: the city, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3),
may allow the responsible person of any multi-family premises or commercial business premises that
subscribes to the city’s discarded materials collection service to arrange for the collection of their premises’
recyclable materials collection container once every 14 days, rather than once per week, if the responsible
Nov. 16, 2021 Item #7 Page 12 of 31
person utilizes a recycling compactor at the premises for which the responsible person is applying for a
waiver.
B. Review and approval of waivers by city. Waivers shall be granted to responsible persons by city according
to the following process:
1. Responsible persons of premises seeking waivers shall submit a completed application form to the
sustainable materials management division or other designated city department 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, city shall specify that the waiver is valid for three years.
6.08.026 Requirements for special events.
A. The event organizer of a special event permitted under Chapter 8.17 must provide a level of discarded
materials service sufficient to contain the solid waste generated at the special event.
B. The event organizer shall provide containers at convenient locations at the special event to facilitate the
source separation of solid waste, organic materials, and recyclable materials by event employees, vendors,
and attendees. Convenient locations mean that solid waste containers, organic materials containers, and
recyclable materials containers placed next to one another throughout the special event venue. The event
organizer must pair recyclable materials containers and organic materials containers with solid waste
containers of equivalent volume capacity at each disposal area in the special event venue.
C. All containers must be clearly identified as either a solid waste, organic materials, or recyclable materials
container and must include signage that describes the types of materials that may be deposited in the
container.
D. Large venue or large event operators providing food services must comply with the requirements of Section
6.08.027 commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
E. 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 Section 6.08.027, commencing January 1, 2024 pursuant to 14 CCR Section 18991.3
6.08.027 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, including but not limited to large events
and large venues as defined in this chapter, must comply commencing January 1, 2024, pursuant to 14 CCR
Section 18991.3.
B. 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.
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 the 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:
Nov. 16, 2021 Item #7 Page 13 of 31
(i) The name, address and contact information of the food recovery service or food recovery
organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food
recovery organization.
(iii) The established frequency that food will be collected or self-hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to
a food recovery service or food recovery organization for food recovery.
6. Maintain records required by this section for five years.
7. By (i) August 15, 2022 for tier one commercial edible food generators for the period of January 1,
2022 through June 30, 2022, and (ii) by May 1, 2023, and on or before May 1 of each year thereafter,
for tier one commercial edible food generators, and (iii) by May 1, 2024 for tier two commercial edible
food generators, provide an annual food recovery report to the city, covering the entire previous
calendar year, that includes the following information:
a. Weight of edible food donated.
b. Weight of rejected edible food.
c. Entity(ies) edible food is being donated to, and weight subtotals per entity of edible food donated.
d. Any additional information required by the director.
C. 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 (AB 1219), the federal Good Samaritan Food Donation Act (42
USCA Section 1791 et seq.), or share table and school food donation guidance pursuant to Senate Bill 557
of 2017 (which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of
Title 2 of the California Education Code, and amended Section 114079 of the California Health and Safety
Code, relating to food safety) as amended, supplemented, superseded and replaced from time to time.
Additionally, nothing in this chapter requires or authorizes the recovery of edible food that does not meet the
food safety requirements of the California Retail Food Code (California Health & Safety Code § 113700 et
seq.)
6.08.028 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 all records
required by 14 CCR Section 18991.5(a)(1).
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
all records required by 14 CCR Section 18991.5(a)(2).
C. Maintain records required by this section for five 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 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 no later than the dates set forth in Section 6.08.027(B)(7) of each year.
E. In order to support edible food recovery capacity planning assessments or other studies, food recovery
services and food recovery organizations operating in the city shall provide information and consultation to
the city, 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 shall respond to such request for information within 60 days, unless a
shorter timeframe is otherwise specified by the city.
F. 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
shall include language in all agreements with tier one and tier two edible food generators located in the city
identifying and describing the California Good Samaritan Act, as may be amended from time to time.
Nov. 16, 2021 Item #7 Page 14 of 31
6.08.030 Containers generally.
A. No person shall deposit, keep or accumulate any solid waste in or upon any public or private premises unless
enclosed in containers. Collection containers shall be provided by the franchisee. The collection containers
will remain the property of the franchisee. Every person occupying or having control of any such premises
shall insure that a sufficient number of containers are available to properly store all solid waste generated at
said premises.
B. No person shall deposit, keep or accumulate any recyclable materials in or upon any public or private
premises unless enclosed within a recyclable materials container.
C. Collection containers shall be kept in the rear or on the side of the premises or in designated enclosures,
except as provided in Section 6.08.080, or as approved by the director.
D. No person shall dispose of commercial grease or cooking oil in a container intended for recyclable materials.
6.08.040 Cleanliness of discarded materials collection containers.
No person shall allow grease or decomposing material to accumulate in the interior or on the exterior of a solid
waste, recyclable materials, or organic materials collection container. No person shall allow water or other liquids
to accumulate in the bottom of a solid waste container in excess of a depth of one inch.
6.08.045 Cleanliness of discarded materials collection container areas or enclosures.
No person shall allow pollutants or liquids to accumulate around or on discarded materials enclosures or around
and/or under discarded materials containers such that stormwater will carry these pollutants or liquids to the
stormwater conveyance system.
6.08.050 Discarded materials collection containers to be kept covered.
No person shall permit a solid waste, recyclable materials, or organic materials collection container to remain
uncovered or open, or in such condition that insects or vermin may obtain access to the container, except when
necessary to place discarded materials in the container or remove discarded materials from the container, and
when the cover is removed for such purposes it shall be immediately replaced.
6.08.055 Composting.
Every compost pile, bin, holding area or other compost system shall be maintained so as to not create a public
nuisance. No compost pile, bin, holding area or other compost system shall be maintained within six feet from an
exterior window, exterior door or other exterior entrance to an inhabited residential structure other than one owned
by the owner of the compost system.
6.08.060 Residential discarded materials carts—maximum weight.
Residential solid waste, recyclable materials, and organic materials carts, when placed for collection, shall not be
at a weight greater than the cart manufacturer’s recommended maximum weight.
6.08.070 Maximum residential collection.
Discarded materials, when placed for collection, shall fit entirely within the confines of the carts with lids securely
shut. The franchisee shall not be obligated to collect discarded materials that are placed outside of the carts.
Households requiring additional service shall arrange for special collection.
6.08.080 Placement of residential carts for collection.
Solid waste, recyclable materials, and organic materials carts from single-family premises shall be placed in the
street with the wheels against the curb, or if no such curb exists, within the gutter of the public street; in the event
that the discarded materials are to be collected from a public alley, the carts shall be placed within five feet of the
edge of the right-of-way of such alley. Carts shall be positioned with handles facing away from the street or right-
of-way. Carts must be placed at least two feet away from obstacles such as trees, vehicles and mailboxes, one
foot away from other carts, and clear from any overhead obstructions such as tree limbs.
Nov. 16, 2021 Item #7 Page 15 of 31
6.08.090 Timing of placement of residential carts for collection.
Solid waste, recyclable materials, and organic materials carts must be placed for collection between the hours of
6:00 p.m. on the day prior to collection and 6:00 a.m. of the day of collection. Carts shall be removed no later than
12:00 a.m. of the day of collection.
6.08.100 Unlawful placement of solid waste.
No person shall deposit or place any solid waste anywhere other than in an approved solid waste container under
the person’s control. Further, no person shall abandon, store, bury, and/or burn solid waste on public or private
premises, with or without the property owner’s permission, except at an authorized solid waste facility.
6.08.110 Unhindered access to collection containers.
It is unlawful for any person within the city to hinder access of the franchisee to the solid waste, recyclable
materials or organic materials collection containers.
6.08.120 Special collection service.
The franchisee shall provide for the collection of any discarded materials which require special collection. If the
special service is not identified in the city’s contract with the franchisee, the franchisee shall provide the service
at a rate mutually agreed upon by the customer and the franchisee. Customers shall contract the city’s franchisee
to arrange for such services.
6.08.130 Bulky item collection.
Bulky items shall be discarded or recycled through special collection service.
6.08.140 Shared service allowed.
Multiple tenants within a single building or complex may be allowed to share bin service. Customers utilizing carts
shall not be allowed to share service, except at the sole discretion of the director.
6.08.150 Multiple tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize bin service or individual cart service at the
discretion of the owner or property manager. Multiple tenant residential complexes utilizing individual cart service
shall be charged the single-family fee per each unit.
6.08.160 Hauling discarded materials and construction and demolition debris.
A. No person shall haul, carry or transport any discarded materials or construction and demolition debris
through the city or along or over any public street or public place in the city except in water-tight vehicles so
that the contents are not offensive. Such vehicles shall be so loaded and operated that none of their contents
falls or spills from them, and every vehicle used for such purposes shall be kept in a clean and sanitary
condition.
B. Franchisees providing discarded materials collection services, and permitted C&D haulers providing
construction and demolition debris collection services, to generators within the city’s boundaries shall meet
the following requirements unless otherwise stated in the franchise agreement, contract, permit, or other
authorization with the city:
1. Through written notice to the city annually by (i) August 15, 2022, for the period of January 1, 2022
through June 30, 2022, and (ii) by May 1, 2023, and on or before May 1 of each year thereafter, for the
period covering the entire previous calendar year, identify the facilities to which they will transport
discarded materials and construction and demolition debris, including facilities for source-separated
recyclable materials, source-separated organic materials, and solid waste.
2. 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
Nov. 16, 2021 Item #7 Page 16 of 31
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).
3. Obtain a permit 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 commingled with organic waste in
a manner that complies with 14 CCR Section 18989.1 and any other provision of the Carlsbad
Municipal Code.
4. Permitted C&D haulers must obtain a permit from the city to haul construction and demolition debris to
a facility that processes C&D materials.
C. Franchisee(s) and permitted C&D haulers authorized to collect discarded materials or construction and
demolition debris shall comply with education, equipment, signage, container labeling, container color,
contamination monitoring, reporting, and other requirements contained within its franchise agreement or
other agreement or permit entered into with or issued by the city.
6.08.161 Self-hauler requirements.
A. All self-haulers shall meet the following requirements:
1. In order to self-haul materials, a responsible person must first register as a self-hauler with the
sustainable materials management division in the manner prescribed by the director or a designee.
2. Every self-hauler shall source separate its recyclable materials and organic materials (materials that
city otherwise requires generators or responsible persons 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 Sections 18984.1 and 18984.2 and the city’s collection program. Self-
haulers shall deliver their materials to facilities described in subsection 3 below. Alternatively, self-
haulers may choose not to source separate recyclable materials and organic materials and shall haul
its solid waste (that includes recyclable materials and organic materials) to a high-diversion organic
waste processing facility that is approved by the city.
3. 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; haul their solid waste to a disposal facility or transfer facility or operation that
processes or disposes of solid waste; and, haul their 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).
B. All self-haulers that are responsible persons of commercial businesses or multi-family premises shall meet
the following requirements:
1. 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 inspection by the city
or its designee. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic
materials, and solid waste.
b. The amount of material in cubic yards or tons transported by the generator or responsible person
to each entity.
c. 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 discarded materials.
d. Additional information as required by the director.
2. Retain all records and data required to be maintained by this section for no less than five years after
the discarded materials were first delivered to the facility accepting the materials.
Nov. 16, 2021 Item #7 Page 17 of 31
3. Provide copies of records required by this section to the city if requested by the director or a designee
and provide records at the frequency requested by the director or a designee.
C. No self-hauler shall haul organic waste or construction and demolition debris unless they comply with all
applicable requirements in Section 6.08.160.
6.08.162 Facility operator requirements.
A. Owners of facilities, operations, and activities located in the city’s boundaries that recover organic waste,
including, without limitation, compost facilities, in-vessel digestion facilities, and publicly-owned treatment
works shall, upon the city’s 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 30 days.
B. Community composting operators with operations located in the city’s boundaries, upon the city’s request,
shall provide information to the city to support organic waste capacity planning, including, without limitation,
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 30 days.
C. Owners of facilities, operations, and activities located in the city’s boundaries that receive discarded
materials shall provide to the city on a quarterly basis copies of all reports they are required to report to
CalRecycle, including at a minimum, those required by AB 901 and SB 1383.
6.08.170 Unauthorized collection (scavenging).
It is unlawful for any person, other than an employee of the franchisee or an employee of the city to collect,
remove, or dispose of discarded materials placed in collection containers in the city; provided, however, that
nothing contained in this section shall prevent the use of garbage disposal devices as regulated by the city
plumbing code.
6.08.180 Contracts.
The city may enter into a contract or contracts, including franchise agreements, under such terms or conditions
as may be agreed upon and as may be seen fit by the city for the collection and disposal of discarded materials
within the city. No person shall engage in the business of providing discarded materials services, except as
provided in Section 6.08.020(C), within the city without having a valid discarded materials services contract with
the city.
6.08.190 Rate and fees for service.
The rates and fees to be paid for regular (excluding Section 6.08.120) discarded materials services rendered by
the franchisee shall be those rates and fees as established from time to time by resolution of the city council.
6.08.200 Payment of fees.
A. It is unlawful for any person having discarded materials collected and disposed of as provided in this chapter,
to willfully fail, neglect, or refuse after demand by the city, or its duly authorized agent or employee, to pay
the fees prescribed for services. The city and/or franchisee may seek payment for delinquent accounts by
any legal means available. In addition to all other remedies available by law or established by this chapter,
failure to pay after delinquency may result in suspension of service. The reduction of service level and
reinstatement of service for delinquent accounts shall be subject to procedures and limitations of the
franchisee’s franchise agreement with the city and this chapter.
B. Franchisee shall bill owners or responsible persons for discarded materials services and be solely
responsible for collecting billings at rates set in accordance with the franchise agreement. Billing shall be
performed on the basis of services rendered.
C. All charges due by the property owner or responsible person shall become delinquent if not paid within 30
days after the billing date.
Nov. 16, 2021 Item #7 Page 18 of 31
D. If the bill becomes delinquent, franchisee must provide owners or responsible persons with delinquent
accounts with written notice of the delinquency and that franchisee may assess a late fee for bills not paid
within 45 days after the billing date.
E. Franchisee may assess a late fee for bills not paid within 45 days after the billing date, not to exceed the late
fees prescribed in the franchise agreement.
F. Should any service account become more than 120 calendar days past due, franchisee may discontinue
providing service to the delinquent account. Franchisee may withhold service from a delinquent account until
past delinquencies are paid in full. Upon restoring service to a previously delinquent account, franchisee
may require a deposit from the account holder not to exceed the deposit prescribed in the franchise
agreement.
6.08.210 Liability for payment.
The obligation to pay discarded materials services fees is upon the legal owner or owners of the property served.
Nothing in this section, however, shall prevent an arrangement under which payments for discarded materials
services are made by a tenant or tenants, or an agent, on behalf of the owner, provided any such arrangement
shall not affect the owner’s obligation for payment of such fees.
6.08.215 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that further the terms and
requirements set forth within this chapter. All such administrative regulations must be in writing.
6.08.218 Inspections and investigations by city.
A. The sustainable materials management division, or other designated city department, is 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, and Cal. Code of Regs., Title 14, Section 18982
et seq., by generators, responsible persons of commercial businesses, responsible persons of multi-family
premises, commercial edible food generators, haulers, self-haulers, food recovery services, food recovery
organizations, and any other entities regulated by this chapter, subject to applicable laws. This section does
not allow city to enter the interior of a private residential property for inspection.
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, as prescribed by the director, to confirm compliance with any requirement
of this chapter. Failure of a responsible person 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 Section 6.08.220.
C. Any records obtained by a city during its inspections and other reviews shall be subject to the requirements
and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code
Section 6250 et seq.
D. City representatives of the sustainable materials management division, or other designated city department,
are authorized to conduct any inspections or other investigations as reasonably necessary to further the
goals of this chapter, subject to applicable laws.
E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant
with SB 1383 regulations, including receipt of anonymous complaints.
6.08.220 Enforcement.
The director shall be responsible for the enforcement of all provisions of this chapter. Nothing in these regulations
shall prevent the city’s authorized agents or deputies from efforts to obtain compliance by way of warning, notice
of violation, educational means or other civil or administrative remedies available under this code or other
applicable law.
Nov. 16, 2021 Item #7 Page 19 of 31
A. A violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and
administrative citations as appropriate, in conformance with Chapter 1.10 of this code unless otherwise
stated in this Chapter.
B. Process for enforcement
1. City enforcement officials and/or their designee will monitor compliance with this chapter and through
compliance reviews, route reviews, investigation of complaints, and an inspection program. Section
6.08.218 and Chapter 1.10 establish the city’s right to conduct inspections and investigations.
2. The city may issue an official notification to advise regulated entities of their obligations under the
chapter.
3. For incidences of prohibited container contaminants found in collection containers, the city or its
designee will issue a notice of contamination to any generator or responsible person found to have
prohibited container contaminants in a collection container as prescribed by the current franchise
agreement, and the city or its designee may assess contamination processing fees on the generator
as prescribed by the current franchise agreement.
4. With the exception of violations of contamination of collection container contents addressed under this
Section, the city shall issue a notice of violation requiring compliance within 60 days of issuance of the
notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city
shall proceed with enforcement pursuant to Chapter 1.10.
C. Penalty amounts for types of violations
The penalty levels for violations of this chapter are as follows:
1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
4. The dollar amounts described in subsection D of this section are intended to match the amounts
established in Cal. Code of Regs., Title 14, Section 18997.2, as amended.
D. Factors considered in determining penalty amount
The following factors shall be used to determine the amount of the penalty for each violation within the
appropriate penalty amount range:
1. The nature, circumstances, and severity of the violation(s).
2. The violator’s ability to pay.
3. The willfulness of the violator's misconduct.
4. Whether the violator took measures to avoid or mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions outside the control of the violator.
E. Compliance deadline extension considerations
The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with
this section if it finds that there are extenuating circumstances beyond the control of the respondent that
make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is
under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those
deficiencies.
F. Persons receiving an administrative citation may contest the citation according to the procedure prescribed
in Section 1.10.120 of this code.
Nov. 16, 2021 Item #7 Page 20 of 31
G. Education period for non-compliance
Beginning January 1, 2022, the city will conduct inspections, route reviews or waste evaluations, and
compliance reviews, depending upon the type of regulated entity, to determine compliance with this chapter,
and if the city determines that generator, responsible person, self-hauler, hauler, tier one commercial edible
food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this chapter and a notice that
compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties
starting on July 1, 2022.
H. Civil penalties for non-compliance
Beginning July 1, 2022, if the city determines that a generator, responsible person, 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 this chapter, it shall document the noncompliance or violation,
issue a notice of violation, and take enforcement action pursuant to this section, as needed.
6.08.230 Savings clause.
All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed.
The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to
the same subject matter shall be construed as restatements and continuations of the existing code provisions and
not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken,
prior to the effective date of the ordinance codified in this chapter, under any chapter, ordinance, or part of an
ordinance otherwise repealed by this chapter, all provisions of such chapter, ordinance, or part of an ordinance
shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
6.08.240 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or
unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of
the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly
situated.
SECTION III: Carlsbad Municipal Code Title 8, Chapter 8.17 Special Events is amended to read
as follows:
Chapter 8.17
SPECIAL EVENTS
Sections:
8.17.010 Purpose and intent.
8.17.020 Definitions.
8.17.030 Permit required.
8.17.040 Exceptions to special event permit requirement.
8.17.050 Special events committee.
8.17.060 Application.
8.17.070 Fees.
8.17.080 Police protection and other emergency services.
8.17.090 Release and indemnification requirement.
8.17.100 Insurance requirements.
8.17.105 Edible food recovery.
8.17.110 Signs.
8.17.120 Notification.
Nov. 16, 2021 Item #7 Page 21 of 31
8.17.130 Reasons for denial of a special event permit. 8.17.140 Notice of denial of application. 8.17.150 Alternatives to permit application. 8.17.160 Appeal procedure. 8.17.170 Notice to city and other officials. 8.17.180 Special events calendar. 8.17.190 Contents of permit. 8.17.200 Violations. 8.17.210 Revocation of permit. 8.17.220 Severability.
8.17.010 Purpose and intent.
The city council recognizes that special events enhance the city’s lifestyle and provide benefits to area residents,
visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that
are not normally provided as a part of governmental services. However, the city council also recognizes that
special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise,
traffic, safety, and health hazard impacts. The purpose and intent of this chapter is to set forth reasonable
regulations by establishing a process for permitting special events within the city, to protect the rights and interest
granted to special event permit holders, to ensure the health and safety of patrons of special events, to prohibit
illegal activity from occurring within special event venues, and to minimize any adverse effects from special events
while ensuring the orderly and efficient use of public property and city services. It is further intended to create a
mechanism for cost recovery for special events without having an adverse effect on those special events that
contribute to the community. It is also the intent of the council to protect the rights of citizens to engage in protected
free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner
regulation of those activities within the overall context of rationally regulating special events that have an impact
upon public facilities and services.
8.17.020 Definitions.
Except where the context otherwise requires, for the purposes of this chapter, Chapter 8.17 et seq., the following
definitions apply:
“Affected parties” means businesses and residents located within 300 feet of the area around the special event
that are likely to experience impact from the special event.
“City manager” means the city manager or authorized designee.
“Demonstration” means any formation, procession or assembly of persons for the purposes of expressive activity.
“Event” means a special event.
“Event organizer” means any person who conducts, manages, promotes, organizes, aids or solicits attendance at
a special event.
“Expressive activity” includes conduct, the sole or principal object of which is the expression of opinion, views, or
ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
“Major event” means a special event that requires a traffic control plan for three or more intersections of any street
or requires a traffic control plan for a secondary arterial, major arterial or a prime arterial.
“Minor event” means a special event that does not require a traffic control plan or that requires a traffic control
plan for two or fewer intersections and does not involve a secondary arterial, major arterial or a prime arterial.
“Parade” means any march, procession or motorcade consisting of persons, vehicles or a combination thereof,
upon any street, sidewalk, public park, or other public area within the city.
“Parks and recreation director” means the director of parks and recreation or authorized designee.
“Permittee” means a person to whom a special events permit has been issued.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Police chief” means the chief of police or authorized designee.
Nov. 16, 2021 Item #7 Page 22 of 31
“Private property permit” means a minor event administrative permit issued by the community and economic
development director for a function held entirely on private property that does not require a use of public
property in a manner which impacts or restricts the public’s normal or typical use of such property or does
not comply with the normal or usual traffic regulations or controls or that require the provision of extraordinary
city services and are therefore not governed by this chapter.
“Public assembly” means any meeting, picket line, rally or gathering of any kind that occupies any street, sidewalk,
public park, or other public area within the city.
“Sidewalk” means any area or way set aside or open to the general public for purposes of pedestrian travel,
whether or not it is paved.
“Sound-amplifying system” means any system, apparatus, equipment, device, instrument or machine designed
for or intended to be used for the purpose of amplifying the sound or increasing the volume of human voice,
musical tone, vibration or sound wave.
“Special event” means:
1. Any organized formation, parade, procession or public assembly consisting of 50 or more persons, and
which may include animals, vehicles or any combination thereof, which is to assemble or travel in
unison on any street which does not comply with normal or usual traffic regulations or controls; or
2. Any commercial or noncommercial organized assemblage of 50 or more persons at any public beach,
public park, public water ways, street, or sidewalk which is to gather for a common purpose under the
direction and control of a person; or
3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit
which involves the use of, or has an impact on, other public property or facilities and the provision of
city public safety services in response thereto;
4. Examples of special events include concerts, parades, circuses, fairs, festivals, block parties,
community events, fireworks, mass participation sports (such as marathons and running events, bicycle
races or tours, tournaments), or spectator sports (such as football, baseball and basketball games, golf
tournaments, surfing contests or other water competitions);
5. Organized formations, parades, processions, public assemblies, demonstrations and activities for
which the principal purpose is expressive activity are not included in this definition.
“Special event permit” means a permit as required by this chapter.
“Street” means any place or way set aside or open to the general public for purposes of vehicular traffic, including,
but not limited to, any berm or shoulder, parkway, public parking lot, right-of-way, alley or median.
8.17.030 Permit required.
No person shall engage in or conduct any special event unless a special event permit is issued by the city manager
or authorized designee.
8.17.040 Exceptions to special event permit requirement.
A special event permit is not required for any of the following:
A. Any organized activity within the scope of a conditional use permit, other land use approval or a private
property permit given or required for that use; or
B. Lawful picketing; or
C. Funeral processions by a licensed mortuary; or
D. Activities conducted by a government agency acting within the scope of its authority.
8.17.050 Special events committee.
A. The special events committee shall be comprised of the assistant city manager, community and economic
development director, transportation director, fire chief, police chief, housing and neighborhood services
director, parks and recreation director and risk manager or their designated representatives. The parks and
recreation director will chair the committee.
Nov. 16, 2021 Item #7 Page 23 of 31
B. The special events committee is charged with reviewing and providing recommendations to the city manager
regarding the approval or modification of an application for a special event permit based upon the information
required in the application with regard to considerations of public safety, traffic flow and control, the disruption
to residences and businesses; availability of resources of city personnel and equipment to adequately ensure
the public health, safety and welfare.
C. The special events committee shall not recommend for approval a new event for the date, time or location
of a previously established reoccurring event unless the applicant of the previously established reoccurring
event notifies the city of their intent to not hold the event or no application has been received by the city at
the minimum application filing date. (Ord. CS-365 § 2, 2019; Ord. CS-164 §§ 5, 12, 14, 2011; Ord. CS-101
§ 5, 2010; Ord. NS-811 § 2, 2006)
8.17.060 Application.
A. A person requesting a special event permit shall file an application, certified by affidavit on forms provided
by the parks and recreation department. The parks and recreation director will forward the application to the
special events committee for review and recommendation to the city manager.
B. The application shall be filed at least 90 days and not more than two years before the special event is
proposed to commence. The minimum 90-day notice requirement may be waived by the parks and recreation
director upon written finding that the limited scope of the event, both in size and magnitude, allows it to be
adequately reviewed in the time provided.
C. The application for a special event permit shall set forth all of the following information, if applicable:
1. The name, address, e-mail address and telephone number of the applicant and event organizer and
its officers;
2. The names, addresses and telephone numbers of the headquarters of any organization for which the
special event is to be conducted, and proof of the authorized representatives of the organization;
3. An acknowledgment of financial responsibility for any city fees or costs that may be imposed for the
special event by the applicant and any person authorizing the applicant to apply for the permit on its
behalf;
4. A description of the nature or purpose of the special event, including a description of activities planned
during the special event;
5. A statement of fees to be charged participants in the special event;
6. Identification of the Carlsbad location where special event sales will be reported to the franchise tax
board, a City of Carlsbad business license or a copy of a document showing proof the applicant is a
tax-exempt non-profit organization;
7. Proof of insurance required by this chapter;
8. The date(s), time(s), and location(s) where the special event is to be conducted, including assembly
and disbanding;
9. A site plan including but not limited to:
a. Portable structures,
b. Prefabricated structures,
c. Site-built structures,
d. Staging,
e. Reviewing stand(s),
f. Elevated platforms,
g. Temporary pedestrian bridges,
h. Tents or canopies,
i. On-site grading,
j. Portable restrooms,
Nov. 16, 2021 Item #7 Page 24 of 31
k. All on-site signs and banners that have a face area larger than 16 square feet and/or stand more
than four feet above the ground,
l. Any travel routes,
m. Assembly or production areas,
n. Electrical sources and connections,
o. Fuel storage,
p. Cooking and open fires,
q. Water supply,
r. Run-off containment features,
s. Solid waste, recyclable materials, and organic materials containers,
t. Accessible parking,
u. Access points and routes for disabled persons,
v. Access points for emergency fire and ambulance equipment,
w. Emergency medical services area(s),
x. Any vehicles located in an enclosed area,
y. Pyrotechnics,
z. Inflatable(s),
aa. Animals and animal rides,
bb. Carnival rides,
cc. Location to accommodate individuals desiring to express opinions not consistent with the purpose
or intent of the event, and
dd. Other similar information that will describe the components of the event;
10. The location and description of all off-site signs, banners or attention getting devices;
11. A detailed traffic control plan (TCP) for a major event and parking management plan, consistent with
standards set forth in the National Manual on Uniform Traffic Control Devices or the California
Supplement to the National Manual on Uniform Traffic Control Devices for all streets, sidewalks and
parking lots which the special event will impact by restricting the public’s normal, typical or customary
use thereof;
12. The approximate number of participants, spectators, animals and vehicles;
13. The number of persons proposed or required to monitor or facilitate the special event and to provide
spectator or participant control and direction for events using city streets, sidewalks, or facilities;
14. Provisions for first aid and emergency medical services;
15. The number, type and location of sanitation facilities;
16. Provisions for recycling per California Public Resources Code Sections 42648 through 42648.7 and in
accordance with Section 6.08.026 of this code;
17. Pollution prevention in compliance with city’s municipal National Pollutant Discharge Elimination System permit, city ordinances and the city “Jurisdictional Urban Runoff Management Plan (JURMP)”;
18. A description of any recording equipment, sound amplification equipment, or other attention-getting devices to be used in connection with the special event.
D. Applicants for a repeated event held on private property (such as fireworks) may file one annual special
event application identifying the event dates for one calendar year.
8.17.070 Fees.
A. Major Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council
resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving,
Nov. 16, 2021 Item #7 Page 25 of 31
processing and reviewing applications for permits to hold a major event, must be paid to the City of Carlsbad
when an application is filed.
B. Minor Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by city council
resolution, reasonably calculated to reimburse the city for its reasonable and necessary costs in receiving,
processing and reviewing applications for permits to hold a minor event, must be paid to the City of Carlsbad
when an application is filed.
C. If the application includes the use of any city facility and/or property, or if any city services are required for
the special event, the applicant must agree to pay for the services in accordance with a schedule of service
costs approved by city council resolution.
D. Third Party Fee. If the permittee provides for or allows third party vendors to participate in the special event,
the permittee shall pay an additional nonrefundable fee, as set forth in the schedule of service costs
approved by city council resolution, reasonably calculated to reimburse the city for its actual and necessary
costs in receiving, processing and reviewing the application that includes third party vendors. The amount
of the additional fee shall be established by resolution of the city council and shall be based on whether the
application is for a major or minor event.
8.17.080 Police protection and other emergency services.
A. The police chief will determine whether and to what extent additional police protection, civilian traffic control
personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public
safety for the special event. The police chief will base this decision on the size, location, duration, time and
date of the special event, the expected sale or service of alcoholic beverages, the number of streets and
intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular
travel from the use of public streets and sidewalks. The police chief shall provide, if police protection and/or
other emergency and safety services or equipment is deemed necessary for the special event, an estimate
of the cost of extraordinary city services and equipment required in writing. The applicant will be billed for
services after the event.
B. When the police chief is determining the size of the event and the security needed to protect participants
and spectators, the estimate, based upon reasonably known information, of participants shall be
determinative. The numbers of persons attending in response to an event, to heckle, protest or oppose the
sponsor’s viewpoint shall not be considered in the cost of providing police protection. (Ord. CS-365 § 2,
2019; Ord. NS-811 § 2, 2006)
8.17.090 Release and indemnification requirement.
Permittee agrees to waive and release the City of Carlsbad and its officers, agents, employees and volunteers
from and against any and all claims, costs, liabilities, expenses or judgments including attorney’s fees and court
costs arising out of the activities of this special event or any illness or injury resulting therefrom, and hereby agree
to indemnify and hold harmless the City of Carlsbad from and against any and all such claims, whether caused
by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful
misconduct on the part of the city or its employees.
8.17.100 Insurance requirements.
Whenever a special event, including, but not limited to, exhibits, fairs, athletic events, trade shows, concerts, or
conventions, requires a permit under the provisions of this code, the sponsor, event organizer or person
conducting the special event shall provide evidence of commercial general liability insurance in a form acceptable
to the risk manager (and additional coverage(s) as appropriate for the activities of the event), naming the City of
Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according
to the size and risk factors of the event. When determining the size of the event and the risk to participants and
spectators, the estimate of participants shall be determinative. The person conducting the special event shall not
be required to insure any risk arising from persons attending in response to an event, to heckle or oppose the
sponsor’s viewpoint. The insurance company or companies shall meet the requirements established by city
council resolution for all insurance required by the city. The insurance policy required by this section shall not be
cancelled, limited or not renewed without 30 days’ prior written notice has been given to the city.
Nov. 16, 2021 Item #7 Page 26 of 31
8.17.105 Edible food recovery.
Special events as described in Chapter 6.08 of the Carlsbad Municipal Code must comply with Section 6.08.027
of the Carlsbad Municipal Code regarding edible food recovery.
8.17.110 Signs.
A. The permittee shall post street closure notification signs at locations approved by the city manager which
include the name of the event, date, time and location of the closure and which:
1. Shall not exceed 16 square feet in sign area with a minimum letter size of four inches;
2. Shall be posted on any street on which more than two intersections will be closed, and any secondary
arterial, major arterial, or prime arterial that will be closed as a result of the special event;
3. Shall be posted a maximum of 15 days and a minimum of 10 days prior to the scheduled closure; and
4. Shall be removed within two days following the conclusion of the event.
B. The permittee may post a maximum of eight signs that promote the event at locations approved by the city
manager. Event promotion signs shall meet the following conditions:
1. The event promotion sign(s) shall not exceed 16 square feet in sign area;
2. Shall not be posted more than 16 days prior to the event; and
3. Shall be removed immediately but in no event more than two days following the event.
C. The permittee shall post traffic control and/or directional signs the day or days of the special event as required
by the permit. Traffic control and/or directional signs shall meet the following conditions:
1. The location of all traffic control and/or directional signs shall require approval of the city manager; and
2. Traffic control and/or directional signs shall not be posted more than four hours prior to the start of the
special event and shall be removed not more than four hours after the conclusion of the special event.
Any sign(s) left out after four hours may be removed by city staff and disposed of without compensation
to event organizer.
D. The permittee for a special event permit may post signs and banners during the special event at the special
event venue.
1. All venue sign(s) with more than 16 square feet of sign area or signs that are more than four feet above
ground level shall be identified on the site plan;
2. Each venue signs and/or banners shall be less than 50 square feet of sign area.
E. Signs stating “no parking/tow away” shall be posted 72 hours in advance of the event start time.
8.17.120 Notification.
A. The applicant for:
1. A first-time major event;
2. A major event that has not been held for more than two years;
3. A first-time event at a city facility that is not authorized by facility use permit; or
4. An event at a city facility that is not authorized by facility use permit and that has not been held for more than two years; shall sponsor a meeting for all affected parties. This meeting must be held not more than 180 days prior or less than 80 days prior to the special event date. Affected parties must be notified by the applicant via the United States Postal Service or by direct distribution to all affected parties of the meeting a minimum of 10 days prior to the meeting. The purpose of this meeting will be to allow the special event sponsor to identify and address concerns of affected parties regarding the time, place and manner in which the special event is to be held. Concerns regarding the message or viewpoint of the event sponsor shall not be considered. The parks and recreation director may waive the minimum 80-day time limit for the affected party meeting with a written finding of good cause if, after due
consideration, the parks and recreation director determines that because of the limited scope and
Nov. 16, 2021 Item #7 Page 27 of 31
complexity of the event when considering the application criteria, there will be adequate time for review
by and input of concerned affected parties.
B. The applicant for a major special event permit that is not subject to the notification described in subsection
A shall notify all affected parties of the event not more 40 days nor less than 30 days prior to the special
event date via the United States Postal Service or by direct distribution to all affected parties. The notification
shall contain information concerning the event and information on how to contact the applicant and the
special events committee before and after the event.
C. All applicants for a special event permit shall notify via the United States Postal Service or by direct
distribution to all affected parties of the event not more than 15 days prior or less than 10 days prior to the
special event date with information concerning the event and information on how to contact the applicant
and the special events committee before and after the event.
8.17.130 Reasons for denial of a special event permit.
A. The city manager may only deny a special event permit to an applicant when any of the following applies:
1. The application for the permit (including any attachments) is not fully completed and executed.
2. The application for the permit contains a material falsehood or misrepresentation.
3. The applicant has failed to conduct a previously authorized event in accordance with law or the terms
of a permit, or both.
4. The use or activity would conflict with previously planned programs organized and conducted by the
city and previously scheduled for the same place and time.
5. A fully executed prior application for the same time and place has been received and a permit has been
or is likely to be granted authorizing uses or activities which do not reasonably permit multiple
occupancy of the particular site or part thereof.
6. The applicant has not complied or cannot comply with applicable federal, state or local laws,
regulations, ordinances or city council policy.
7. The applicant has not tendered the required application, indemnification agreement and
endorsement(s), insurance certificate, or security deposit for police and emergency services and
equipment within the times prescribed.
8. The applicant has not provided for the services of a required number of police officers, fire and/or
paramedic personnel, private security, civilian traffic controllers or event volunteers/staff to ensure the
safety of the event.
9. The applicant has not provided adequate sanitation and other required health facilities on or adjacent
to any public assembly area.
10. The applicant has not provided sufficient off-site parking or shuttle service, or both, required to minimize
any adverse impacts on public parking and traffic circulation in the vicinity of the special event.
11. The applicant has not obtained the approval of any other public agency within whose jurisdiction the
special event or portion thereof will occur.
12. The use or activity would present an unreasonable danger to the health or safety of the applicant, other
users of the site, or the public.
13. The special event will require the exclusive use of beach or park areas during any period in a manner
which will have adverse impact on the reasonable use or access to those areas by the general public.
14. The special event will create the imminent possibility of violent disorderly conduct likely to endanger
public health, safety and welfare or to result in property damage.
15. The special event will interfere with the normal access and function of businesses and/or residences
during any period in a manner, which will have adverse impact on the reasonable use or access to
those areas.
16. The special event will require the diversion of a great number of police employees from their normal
duties, thereby preventing reasonable police protection to the remainder of the city.
Nov. 16, 2021 Item #7 Page 28 of 31
17. The conduct of the special event will substantially interrupt the safe and orderly movement of other
pedestrian or vehicular traffic, including public transportation, contiguous to its route or location.
B. The city manager shall not deny a special event permit to an applicant based upon the message, content or
viewpoint of the event sponsor.
8.17.140 Notice of denial of application.
The city manager will act promptly upon a timely filed application for a special event permit and will make a
determination not less than 28 calendar days prior to the event. The applicant will be notified within two working
days of said determination.
If the city manager does not act on a special event application at least 28 calendar days prior to the event, the
application shall be deemed denied.
8.17.150 Alternatives to permit application.
The city manager, in denying an application for a special event permit, may authorize the conduct of the special
event at a date, time, location, or route different from that named by the applicant and shall propose alternative
measures, which would cure any defects in the application. An applicant desiring to accept the modifications to
the application will, within five days after notice of the action of the city manager, file a written notice of acceptance
with the city manager.
8.17.160 Appeal procedure.
A. Any applicant has the right to appeal the denial of a special event permit to the city council. The denied
applicant must make the appeal within five days after receipt of the denial by filing a written notice with the
city clerk and a copy of the notice with the police chief. The city council will act upon the appeal at the next
regularly scheduled meeting following receipt of the notice of appeal, which decision will be final.
B. In the event that the city council denies an applicant’s appeal, the applicant shall be afforded prompt judicial
review of that decision as provided by California Code of Civil Procedure Section 1094.8.
8.17.170 Notice to city and other officials.
Immediately upon the issuance of a special event permit, the parks and recreation director will send a notice
thereof to the city manager, the city attorney, the police chief, the fire chief, the utilities director, the community
and economic development director, and the manager or responsible head of each public transportation utility,
the regular routes of whose vehicles will be affected by the route or location of the proposed special event.
8.17.180 Special events calendar.
The city will maintain a special events calendar. Events will be registered on the special events calendar as
“approved” or as “pending.”
8.17.190 Contents of permit.
Each special event permit will contain the following information or conditions, which is pertinent to the event:
A. The dates and times when the special event is to be held;
B. The dates and time roads will be closed;
C. The set-up or staging time;
D. The time clean-up or dismantling will be completed;
E. The location of the special event venue, including set-up or staging area, if any, and clean-up or dismantling
area, if any;
F. The specific route of the special event;
G. The number of persons, and type and number of animals and vehicles, the number of bands, other musical
elements and equipment capable of producing sound, if any, and noise limitations thereon;
H. The location of reviewing or audience stands;
Nov. 16, 2021 Item #7 Page 29 of 31
I. A copy of the traffic control plan (TCP) and/or parking management plan including the number and location
of traffic controllers, monitors, other personnel and equipment and barricades to be furnished by the special
event permittee;
J. Conditions or restrictions on the use of alcoholic beverages and authorization for the conditions of the
exclusive control or regulation of vendors and related sales activity by the permittee during the special event;
K. Provisions for any required emergency medical services;
L. The applicant’s recycling plan;
M. The applicant’s plan to control water run-off and other contaminants that may enter the city storm drain
system;
N. Provisions for cleaning-up and restoration of the area or route of the event both during and upon completion
of the event;
O. The requirement for the on-site presence of the event organizer or a designated representative for event
coordination and management purposes who shall carry the special event permit upon his or her person
during the special event.
8.17.200 Violations.
A. Violations of the terms and conditions of any of the following prohibitions in this chapter will constitute a
misdemeanor punishable by a fine of up to $1,000.00, or by imprisonment in the county jail for a term not
exceeding six months, or by both:
1. To stage, present, or conduct any special event without first having obtained a permit under this
chapter;
2. To hamper, obstruct, impede, or interfere with any special event or with any person, vehicle or animal
participating or used in the special event;
3. To carry any sign, poster, plaque, or notice, whether or not mounted on a length of material, unless
such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material;
4. For any person participating in any special event to carry or possess any length of metal, lumber, wood,
or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is one
and one-fourth inch or less in thickness and two inches or less in width, or if not generally rectangular
in shape, such object may not exceed three-fourths inch in its thickest dimension.
B. Violations of the terms and conditions of any of the following prohibitions in this chapter will constitute an
infraction and shall be punished as provided for in Chapter 1.08 of this code:
1. To participate in a special event for which the person knows a permit has not been granted;
2. To knowingly fail to comply with any condition of the permit;
3. For a participant in or spectator at a special event to knowingly violate any conditions or prohibitions
contained in the special events permit;
4. For any driver of a vehicle to drive between the vehicles or persons comprising a special event when
the vehicles or persons are in motion and are conspicuously designated as a special event;
5. The police chief may prohibit or restrict the parking of vehicles along a street constituting a part of a
special event if the police chief posts or cause to be posted signs to that effect. It is unlawful for any
person to park or leave unattended any vehicle in violation of the posted signs.
C. The police chief may, when reasonably necessary, waive parking regulations along a street constituting a
part of a special event.
8.17.210 Revocation of permit.
The police chief may revoke a special event permit without prior notice upon violation of the permit or when a
public emergency arises where the police resources required for that emergency are so great that deployment of
police services for the special event would have an immediate and adverse effect upon the health, safety and
welfare of persons or property. Written notice of the revocation setting forth the reasons therefor, shall be hand
delivered or mailed to the applicant at the address provided on the application.
Nov. 16, 2021 Item #7 Page 30 of 31
8.17 .220 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or
unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the validity of the
remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in
this chapter and each section, subsection,. sentence, clause or phrase contained in it irrespective of the fact that
any one, or more sectiOns, subsections, sentences, clauses or phrases are declared invalid or unconstitutional.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinqnce prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 2nd day
of November, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16!!! day of November 2021, by the following vote, to wit;
AYES:.
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
6¢(~
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
(SEAL)
lerk Services Manager
Nov. 16, 2021 Item #7 Page 31 of 31