9.60.015 Rubbish franchises--Applicability.
A. The definitions in Chapter 12.32 of this code shall be used for purposes of this ordinance, unless a different definition is expressly adopted.
B. Engaging in the "business of collecting or transporting rubbish" does not include transportation of rubbish incidental to another business, such as (but not limited to) construction, gardening, or maintenance. Collecting or transporting rubbish is incidental to another business when:
1. Gross receipts attributable to rubbish hauling do not exceed 20% of the gross receipts of the primary business, and
2. Collecting or transporting rubbish and the primary activity take place at the same business location.
C. To the extent that a person or entity is engaged in the following businesses said person or entity shall not be required to obtain a franchise:
1. Hauling waste under contract to the City of Berkeley from its transfer station to a disposal facility outside the City;
2. Hauling exclusively yard waste or source separated recyclables. (Ord. 6517-NS § 1, 1999)