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'140" " <br /> <br />its premises, personally segregate (by waste type) from other solid waste the recyclable solid <br />waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, <br />consulting fees or other fees in lieu of charging for collection, or other tangible consideration for <br />collecting, processing, or transporting such segregated recyclable solid wastes. A person who <br />simply receives a discount of, or reduction in, the collection and disposal service rates of its <br />unsegregated solid waste shall not be deemed to be selling or donating recyclable solid wastes <br />for purposes of this exception. <br /> <br /> (d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a <br />business license to operate in the city may collect yard waste or other organic solid wastes which <br />it generates as an incidental portion of providing its licensed services. Any yard waste or other <br />organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer <br />or person to a composting facility permitted by the California Integrated Waste Management <br />Board in accordance with all laws and regulations. <br /> <br /> (e) Any person may collect, transport, and dispose of solid waste during a period in which <br />collection services by the city or its solid waste collection contractor are interrupted or delayed <br />due to a labor strike or other circumstances affecting collection services throughout the city, <br />provided such persons comply with any and all directives of the executive director of public <br />works. <br /> <br /> (f) Any person with whom the city has an agreement for the collection, transportation <br />and disposal of construction and demolition solid waste which has accumulated and/or been <br />generated at a temporary construction site may haul such waste during the term of such <br />agreement. <br /> <br /> (g) The executive director of public works may, by written permit, authorize provision of <br />bin service if the city's solid waste collection contractor fails to provide such service within five <br />(5) calendar days after a customer order and such service is not thereafter provided within <br />twenty-four (24) hours after notice to the city's solid waste collection contractor of such failure <br />by the executive director of public works. <br /> <br /> (h) Any person other than the city or its solid waste collection contractor who collects, <br />transports, recycles, composts, or disposes of solid waste, or who pays another to do so, other <br />than as permitted by subsection (b), (c), (d), (e) or (f) is guilty of a misdemeanor. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance <br />is for any reason held to be invalid or unconstitutional by the decision of any court of competent <br />jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. <br /> <br /> <br />