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ORDINANCE NS-2280 Page 2 215 waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. (d) A gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) Any person may collect, transport and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the executive director of public works. (f) Collectors of solid waste operating under a five year notice pursuant to section 49520 of the Public Resources Code of the State of California may not provide bin service within the territorial jurisdiction of the city unless expressly allowed by agreement with the city. (g) The executive director of public works may, by written permit, authorize provision of bin service if the city's solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty-four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director of public works. (h) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts or disposes of solid waste, or who pays another to do so, other than as permitted by subsection (b), (c), (d), (e) or (f) of this section is guilty of a misdemeanor. SECTION 2: That section 16-39 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. L6-39. Bin and Roll-Off Services. Any person in the city who desires or is required to receive bin and/or roll-off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll-off container services. This provision shall not apply to roll-off containers or bins which are obtained 2