O 473 C.S.
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ORDINANCE NO. 473 c.s.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE REPEALING CHAPTER 4 OF
TITLE 6 OF TIlE ARROYO GRANDE MUNICIPAL CODE
AND ADDING THERETO A NEW CHAPTER 4
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
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SECTION 1: That Chapter 4 ofTitIe 6 of the Arroyo Grande Municipal Code is hereby
repealed a~d deleted in its entirety and replaced with a new Chapter 4 of Title 6,attached hereto
as Exhibit" A" and incorporated herein by this reference as though fully set forth.
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SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this article or .any part thereof is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this article or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section,
subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional.
SECTION 3: A summary of this Ordinance shall be published in a newspaper pubHshed
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting
at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed
Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption
of the Ordinance, the summary with the names of those City Council members voting for and
against the Ordinance shall be published again, and the City Clerk shall post a certified copy of
the full text of such adopted Ordinance.
SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage.
On motion of Council Member Brandy , seconded by
Council Member Fuller and on..the following roll call vote, to-wit:
AYES: Council M~mber5 Brandy, Full~r, Souza, and Mayor Dougall
NOES: None
ABSENT:Council Member Lady
the foregoing Ordinance was adopted this 9th day of April , 1996.
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Ordinance No. 473 C.S.
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A TIEST:
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NANCY . DAVIS, CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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LYON & CARMEL
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BY: ,- fJJ 1UJ ./(loJ{
.~ ~. ...:. .;n RMEL ROBERT L. HUNT, CITY MANAGER
A8SISTAN1lCITY ATIORNEY
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
State of California, do hereby certify under penalty of perjury that the foregoing Ordinance No.
473 C. s is a true, full and correct copy of said Ordinance passed and adopted at a regular
meeting of said Council on the ,9.th day of April , 1996.
WITNESS my hand and Seal of the City of Arroyo Grande affixed this 15th day of Apr iI,
1996.
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A VIS, CITY CLERK
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CHAPTER 4. SOLID WASTE, RECYCLING AND YARD REFUSE
Section~:
6-4.01 Purpose.
6-4.02 Definitions.
6-4.03 Use of Disposal Service Mandatory -- Collection of Charges.
6-4.04 Solid Waste Accumulations.
6-4.05 Clearing of Waste Matter, Debris and Vehicles From Private Property.
6-4.06 Solid Waste Containers.
6-4.07 Placement of Containers. I
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6-4.08 Interference With Solid Waste.
. \ 6-4.09 Franchise for Collection -- Authorization.
6-4.1Q Col1ection Rates - Solid Waste. ,
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6-4.11 Disposal Site.
6-4.12 Collection Required at Least Once a Week.
- 6-4.13 Condition of Collection Trucks.
6-4.14 Exceptions.
6-4.15 Burning Refuse.
6-4.16 Health Regulations -- Establishment.
6-4.17 Recycling and Recyclable Materials: Findings.
6-4.18 Use of Recycling Service Mandatory -- Collection of Charges.
6-4.19 Collection Rates - Recycling and Yard Refuse.
6-4.20 Ownership of Recyclable Materials.
6-4.21 Unauthorized Collection of Recyclable Materials Prohibited: Penalty.
6-4.22 Right of Individual to Dispose of Recyclable Waste Material.
6-4.23 Civil Action by Authorized Recycling Franchisee.
6-4.24 Yard Refuse: Findings.
6-4.25 Use of Yard Refuse Collection Service -- Collection of Charges.
6-4.26 Yard Refuse Containers.
6-4.27 Civil Liabilities and Penalties.
6-4.28 Enforcement.
6-4.29 Violation -- Penalty.
6-4.01 Purpose.
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The City, in making adequate provision in this chapter for the handling of solid waste, is doing
so as a subdivision of the State and after being authorized and required to do so as a part of the State's
comprehensive program for solid waste management and res.o,!rce recovery and for the preservation,
health, safety, and well-being of the public. . The Municipal Code provisions regarding solid waste
handling, and the actions of the City pursuant to those provisions, are intended to implement State policy
and to provide for the City's continuing authorized evaluation, planning, and supervision in the area.
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3120/96 EXHIBIT A
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6-4.02 Definitions.
For purposes of this chapter, the following words and phrases shall mean as follows:
"City" means the City of ArroX(J Grande.
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"City Council" means the City Council of the City of Arroyo Grande.
"Code Enforcement Officer" means the Code Enforcement Officer of the City of Arroyo Grande.
"Community Development Director" means the Community Development Director of the City
of Arroyo Grande.
"Designated recycling collection location" means and includes the place designated in the
Agreement between the City and an authorized recycling contractor from which the authorized recycling
contractor has contracted to collect recyclable waste material.
"Drop box" means a solid waste container satisfying the requirements of Section 6-4.06.
"Franchisee" means and includes a person or any other entity authorized under and by virtue of
a contract with the City of Arroyo Grande to collect solid waste.
"Hazardous materials" means any material defined as hazardous in the State Health and Safety
Code, as may be amended from time to time; a waste that is hazardous according to the criteria set forth
in the California Code of Regulations, as may be amended from time to time or any waste that must be
disposed of in a hazardous waste landfill.
"Occupant" means the person who is in possession of a commercial or residential property.
"Person" means any individual, partnership, firm, corporation, association, group or combination
thereof and the plural as well as the singular. .-
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"Receptacle" means a solid waste container satisfying the requirements of Section 6-4.06.
"Recyclables" or "recyclable materials" means, but is not limited to, any paper, glass, cardboard,
plastic, ferrous metal, aluminum, or other material that is to be segregated for collection.
"Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise b~ome solid waste, and returning them to the economic ~ainstream in
the form of products which meet the quality standards necessary to be used in the marketplace.
"Recycling franchi~" means and includes a person or any other entity authorized under and by
virtue of a contract with the City of Arroyo Grande to collect recyclable material in the City.
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"Solid waste" means all putrescible and nonputrescible waste, including, but not limite..d to,
animal feces, food waste, waste paper, garbage, cardboard, rags, refuse, household ashes, w('.aring
apparel, household goods, wooden containers, and all worthless, useless, unused, rejected or castoff
solid or semi-solid matter and commercial and construction waste, excluding recyclable materials,
hazardous materials and yard refuse as defined in this section.
"Yard refuse" means and includes grass, weeds, branches, hedges, and other plant cuttings and
trimmings.
"Yard refuse franchisee" means and includes a person or any other entity authorized under and
by virtue of a contract with the City of Arroyo Grande/to collect yard refuse.
6-4.03 Use of Di~J)osal Service Mandatory -- Collection of Chargf'_c;.
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, A. The City has determined that periodic collection and disposal of solid waste from all
, developed properties in the City benefits all occupants of developed properties in the City.
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B. The City will provide solid waste collection and disposal service through its franchis('.e,
and all developed properties in the City must use the City's solid waste collection and disposal service
except that there may be joint or multiple use of solid waste containers, subject to conditions established
by the City.
C. The City or the franchisee shall collect all fees for solid waste collection and disposal,
as specified in the franchise agreement.
D. The owner of developed property shall be responsible and liable for paying the solid waste
collection and disposal fees for that property, although the City or franchisee will bill an occupant of.
such property if requested by the owner.
E. 'fhe failure of any occupant or owner to promptly remit the fee for solid waste collection
and disposal when due and payable shall entitle the City or franchisee to collect a late fee from that
owner or occupant. The amount of the late fee shall be established by the City Council.
F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction
of the City Council, any debt and all penalties arising hereunder may be collected and annually
transferred to the county auditor for inclusion on the next year's tax bill of the respective property
owner. An action in the name of the City may be commenced in any court of competent jurisdiction
for the amount of any delinquent fees or charges and if legal action is brought by the City or its designee
to enforce the collection of any amount charged and due under.Jhis section, any judgment rendered in
favor of the City shall include costs of suit incurred by the City or its designee including a reasonable
attorney's fee if allowable by statute. . ," .
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6-4.04 Solid Waste Accumulations.
A. No person shall accumulate, keep or deposit solid waste upon any lot or parcel of land,
whether public or private, other than in drop boxes or receptacles and in accordance with Sections 6-
4.06 and 6-4.07. ,
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B. No person owning, Occupying or having the control of any premises or vacant lot or
occupying a dwelling within the City shall permit any solid waste to become or remain offensive,
unsightly or unsafe to the public health or safety or to deposit, keep or accumulate or permit or cause
any solid waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land or upon
any public or private place, street, lane, alley or driveway, except as allowed in this chapter.
C. No person shall place or cause to be placed any solid waste generated upon any property
or by any residential, commercial, or industrial use into any receptacle or drop box other than those
owned or controlled by such person, unless permission for such use is granted by the commercial or
residential customer owning or controlling the receptacle or drop box.
D. No person owning, occupying or having control of any premises shall set out or cause
to be set out for collection any solid waste other than that originating on the premises.
E. No person shall dispose of solid waste in or near litter receptacles placed by the City in
public places. for incidental use by pedestrian or vehicular traffic.
F. No person shall ~ccumulate keep or deposit solid waste in such a manner that a public
nuisance is created, including, but not limited to, allowing flies, mosquitos or rodents to breed therein.
6-4.05 Clearing of Waste Matter, Dehric; and Vehicle, From Private Property.
A. The Community Development Director and Code Enforcement Officer are authorized and
empowered to notify the owner, his agent, or person in control of any private premises within the City, .-...
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to dispose of solid waste prohibited by this chapter. Such notice shall be given by pQ.sting the private I
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premises and by certified mail addressed to the owner, his agent, or such other person at his last known j
address, or by personal service on the owner, agent, person in control or occupant of the property.
B. The notice shall' describe the work to be done and shall state that if the work is not
commenced within five (5) days after receipt of notice and diligently prosecuted to completion without
interruption, the Community Development Director shall dispose of the solid waste and the cost thereof
shall be a lien on the property. The notice shall be substantially in the following form:
NOTICE TO REMOVE
WASTE MA ITER
The owner of the property described as follows:
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commonly known as is hereby ordered
to properly dispose of the waste matter located on the property, to wit:
within five
(5) days from the date thereof. If the disposal of the waste matter herein indicated is not
commenced and diligently prosecuted to completion within the time fixed herein, the
Community Development Director of the City of Arroyo Grande shall cause such
disposal to be done, and the cost thereof, including any incidental expenses, will be made
a lien upon said property, pursuant to the provisions of Ordinance No. 473C.Sof the City
of Arroyo Grande.
Estimated Cost of Disposal $ /
Date .
\ Community Development Director of the City of Arroyo Grande
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I C. The Community Development Director shall cause to be kept in his/her office a
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L..: permanent record containing: (1) a description of each parcel of property for which notice to dispose
of waste matter has been given; (2) the name of the owner, if known; (3) the date on which such notice
was mailed and posted; (4) the charges incurred by the City in disposing of waste 'matter, and ail
incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such
entry shall be made as soon as practicable after completion of such act.
D. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose
of the waste matter within five (5) days after notice has been given as provided in this section, or within
ten (10) days after the date of mailing such notice in the event the U.S. Post Office is unable to make
delivery thereof, provided the same was properly addressed to the last known address of such owner or
agent, the Community Development Director is authorized and empowered to pay for the disposal of
such waste matter out of the City funds or to order its disposal by City forces. The Community
Development Director and his/her authorized representatives, including any contractor with whom
he/she contracts hereunder, and assistants, employees or agents of such contractor, are authorized to
enter upon the property for the purpose of disposing of the waste matter described in the notice. Before
the Community Development Director arrives, any property owner may dispose of the waste matter at
his own expense.
E. When the City haS effected the removal of such waste matter, or has paid for its removal,
the actual cost thereof plus accrued interest at the rate of six percent (6%) per year from the date of the
completion of the work, shall be charged to the owner of such property and the owner or his agent, shall
be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay
the bill will result in a lien.
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F. Where the full amount due the City is not paid :by such owner within thirty (30) days after
date of the billing by the Community Development Director/he/she shall cause to be recorded with the
City Clerk a sworn or certified statement showing the cost and expense incurred for the work, the date
the work was done and the location of the property on which the waste disposal work was done. The
recordation of such sworn or certified statement shall constitute a lien on the property, and shall remain
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in full force and effect for the amount due in principal and interest, plus costs of court, if any, for I
collection, until final payment has been made. The costs and expenses shall be subject to a delinquent
penalty of ten percent (10%) in the event same is not paid in full on or before the date the amount due
becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this section
shall be prima facie evidence that alll~gal formalities have been complied with and that the work has
been done properly and satisfactorilY_fl!1d shall be full notice to every person concerned that the amount .
of the statement, plus interest and costs, constitutes a charge against the property designated or described
. in the statement and that the same is due and collectible as provided by law. The City Clerk shall record
the lien. The remedy provided in this section shall not constitute an election of remedies by the City.
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6-4.06 Solid Waste Containers.
A. Solid waste shall be kept free of all hazardous materials and shall be securely wrapped
and placed in a closed receptacle or drop box.
B. Receptacles shall be made of metal or plastic if barrels, or plastic if bags, and of sufficient
strength to prevent them from being broken under ordinary conditions. They shall have a maximum
capacity' of thirty-two (32) gallons with outside handles, unless issued by the collector and shall not
exceed eighty (80) pounds when filled. Receptacles shall be equipped with avermin and animal resistant
cover or seal which shall be utilized at all times and side handles if metal or plastic barrels. Receptacles
shall be in a condition such that their contents can be fully enclosed and such that they shall stand upright
and leave no sharp, jagged or oth~rwise dangerous comers or edges.
C. Drop boxes shall have a capacity of at least ten (10) cubic yards. They shall b~
constructed of metal or other material as approved by the City.
D. Receptacles and drop boxes shall be maintained in aclean, safe and sanitary condition.
6-4.07 Placement of Containers. .-
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A. Any receptacle or drop box shall be placed for collection on any sidewalK, street, roadway
or alley only as provided in this chapter.
B. Any receptacle shall be placed for collection along any street, roadway or alley only on
the day established for the collection of solid waste on the particular route or after 5:30 P.M. on the day
immediately prior to such collection, and shall not remain thereon for more than eighteen (18) hours
after it has been emptied. :
C. Any receptacle placed for collection along a street or roadway shall be placed between
the curb line and the property line as close to the curb line or edge of the street or roadway as
practicable.
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D. Any receptacle or drop box placed for collection in any alley shall be placed as close to
the property line as practicable.
E. Any drop box placed in any street, roadway or alley shall require an encroachment permit
from the City pursuant to this code.
6-4.08 Interference With Solid Waste.
No person other than a franchisee or customer shall interfere in any manner with any receptacle
or drop box or the contents thereof, nor remove any such receptacle or drop box from the location where
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it was placed by the customer or franchisee nor remove the contents of any receptacle or drop box.
I \ 6-4.09 Franchise for Collection - Authorization.
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. ' A. A franchise, exclusive or nonexclusive, for the collection and disposal of solid waste may
L.I be granted by the City.
B. No person shall collect, or enter into an agreement to coHect, or provide for the collection
or disposal of solid waste, unless such person is authorized by the City to operate within the City by
means of a franchise agreement.
6-4.10 Collection Rates - Solid Waste.
~ates for solid waste collection and disposal shall be set by the City Council.
6-4.11 Disposal Site.
The franchisee shall contract with the operator of a licensed disposal site for disposal of solid
waste collected within the City. All solid waste collected within the City and not separated for recycling
shall be delivered to the disposal site and disposed of according to the regulations of the disposal site.
6-4.12 Collection Required at Least Once a Week.
All garbage or refuse of any kind, shall be removed by the City, its agent, employees, or
franchisees or representatives, at least once every seven (7) days, unless otherwise directed by the
Community Development Director.
6-4.13 Condition of Collection TnJck~.
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Every truck used by a franchisee in the collection an1 removal of solid waste shall be kept well
painted, clean inside and out. '
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6-4.14 Exceptions.
A. Nothing in this chapter shall be deemed to prohibit the removal and hauling by an un-
licensed person of materials considered py the Community Development Director to constitute a health
menace of such nature as necessary t~ be ordered to be promptly removed.
B. Nothing in this chapter shall be construed to prohibit any producer of solid waste from
personally hauling the same in the producer's vehicle through the streets of the City; provided, however,
such hau}ing and disposal shall at all times be subject to t~e approval and regulation of the Community
Development Director.
6-4.15 Burning Refuse.
A. No solid waste, recyclable material or yard refuse shall be burned in the open air upon
any street, alley, park, waterway, or public place wjthin the City.
B. No solid waste, recyclable material or yard waste which, in burning, shall calise or create
a dense or offensive smoke shall be burned upon any property within the City, whether in an incinerator
or not.
6-4.16 Health Regulations -- Establishment.
The Community Development Director shall have power to establish rules and regulations not
inconsistent with this chapter governing the collection and disposal of solid waste; provided, that such
rules and reg~lations shall have as their purpose the enforcement of the provisions of this chapter and
the health and sanitary laws and ordinances in effect in the City.
6-4.17 Recycling and Recyclahle Materials: Findings. -...
A. The City Council has determined that it is in the best interests of the.~ City to promote
recycling of discarded waste materials. ;
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B. The City Council has determined that it is in the best interests of the City to promote said
recycling through the use of a recycling franchisee.
C. The City Council finds that the success of the recycling program is in part dependent upon
the ability of a recycling franchisee to collect recyclable materials without interference by unauthorized
persons and that such unauthorized interference may have serious adverse effects on the success of
recycling programs.
6-4.18 Use of Recycling Service Mandatory -- Collection of Charges.
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A. The City has determined that periodic collection of recyclable materials from all
developed properties in the City benefits all occupants of developed properties in the City.
B. The City will provide recycling collection service through its recycling franchisee.
C. The City or the recycling franchisee shall collect all fees for recycling collection, as
specified in the recycling franchise agreement.
D. All owners of developed property shall be responsible and Hable for paying the recycling
collection service fees for that property, regardless of ~hether such owner elects to use such service,
although the City or recycling franchisee will bill an occupant of. such property if requested by the
owner.
E. _. -The failure of any occupant or owner to promptly remit the fee for recycling collection
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\ service when due and payable shall entitle the City or recycling franchisee to collect a late fee from that
,-. owner or occupant. The amount of the late fee shall be established by the City Council.
F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction
of the City Council, any debt and all penalties arising hereunder may be collected and annually
transferred to the county auditor for inclusion on the next year's tax bill of the respective property
owner. An action in the name of the City may be commenced in any court of competent jurisdiction
for the amount of any delinquent fees or charges and if legal action is brought by the City or its designee
to enforce the collection of any amount charged and due under this section, any judgment rendered in
favor of the City shall include costs of suit incurred by the City or its designee including a reasonable
attorney's fee if allowable by statute.
6-4.19 Collection Rates - Recycling and Yard Refuse.
The rates to be charged for the collection of recyclable materials and yard refuse shall be
established by the City Council.
6-4.20 Ownership of Recyclable Materials.
Recyclable waste material shall become the property of a recycling contractor upon placement
of recyclable waste material at a designated recycling collection location for colIection by a recycling
franchisee.
6-4.21 lJllauthm'ized Collection of Recyclable Materials Prohibited: Penalty.
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It shall be unlawful for any person, other than rec}rcpng franchisee to remove recyclable waste
material which has been placed at a designated recycling collection location, during the twenty-four (24)
hour period commencing at 6:00 p.m. on any day preceding a day designated for coIJection of recyclable
material.
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6-4.22 Right of Individual to Dispose of Recyclabl~ Waste Material.
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Nothing in this chapter shall.limit the right of an individual person, organization or other entity
to donate, sell or otherwise dispose of recyclable waste material, provided that any such disposal is in
accordance with the provisions of this chapter.
6-4.23 Civil Action by Recycling Franchisee. I
Nothing in this chapter shall be deemed to limit the right of a recycling franchisee to bring a civil
action against any person who violates the provisions of Section 6-4.20, nor shall a conviction for such
violation exempt any person from a civil action brought by an authorized recycling contractor.
6-4.24 Yard Refuse: Findings.
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The City Council has determined that it is in the best interests of the City to promote separate
coJIection of yard refuse.
6-4.25 Use of Yard Refuse Collection Service -- Collection of Charges.
A. The City has determined that periodic collection of yard refuse benefits an occupants of
such developed properties in the City.
B. The City will provide yard refuse collection service through its yard refuse franchisee.
C. Tf1e City or the yard refuse franchisee shall collect aU fees for yard refuse collection, as
specified in the yard refuse franchise agreement. -
D. All owners of developed property shall be responsible and liable for paying the yard
refuse coJIection service fees for that property, regardless of whether such owner eJects to use such . :
service, except for owners of property exempt under the yard refuse franchise agreement. The City or
yard refuse franchisee will bill an occupant of property subject to yard refuse collection service if
requested by the owner. .
E. The failure of any occupant or own~r to promptly remit the fee for yard refuse collection
service when due and payable shall entitle the City or yard refuse franchisee to collect a late fee from
that owner or occupant. The amount of the late fee shaH be established by the City Council.
F. Pursuant to applicable Government and Health and Safety Codes, and upon the direction
of the City Council, any debt and aJI penalties arising hereunder may be collected and annually
transferred to the county auditor for inclusion on the next year's tax bill of the respective property
owner. An action in the name of the City may be commenced in any court of competent jurisdiction
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for the amount of any delinquent fees or charges and if legal action is brought by the City or its designee
to enforce the collection of any amount charged and due under this section, any judgment rendered in
favor of the City shall include costs of suit incurred by the City or its designee including a reasonable
attorney's fee if allowable by statute.
6-4.26 Yard Refuse Containers.
A. Every owner or occupant of any property using yard refuse collection shall provide, in
addition to the garbage receptac1e mentioned in Section 6-4.06 of this chapter, up to six (6) receptacles
of a durable material, such as metal, plastic, rubber, or fiberboard, with outside handles, or cardboard
boxes to be collected,. to contain aU yard refuse which may accumulate upon such premises between
collections. The gross weight of anyone receptacle shall not be in excess of thirty-five (35) pounds.
B. :-. All yard refuse shall be placed in receptacles provided for such refuse, except that
, trimmings from trees and shrubs and tree stumps need not be placed in a receptacle but will not be
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'. - collected unless such material is placed in a bundle securely bound at both ends and not more than
eighteen inches (18") in diameter, nor more than thirty-five (35) pounds in weight, nor more than four
feet (4') in length.
6-4.27 Civil Liahilities and Penalties.
Any person who intentionally or negligently violates any provision of this chapter shall be civilly
liable to the City. Such civil liability may be in a sum not to exceed Ten Thousand Dollars ($10,000).
The City may petition the Superior Court to enforce and recover such sums. In determining such
amount, the City shall take into consideration all relevant circumstances, including, but not limited to,
the extent of harm caused by the violation, the nature and persistence of the violation, the length of time
over which the violation occurs, the corrective action, if any, and the fines and penalties imposed on the
City by other agencies.
6-4.28 Enforcement.
A. The Community Development Director and the Police Department are specifically
required to enforce the provisions of this chapter, and shall have the right to enter any and all premises
for the purpose of determining whether the provisions of this chapter are being conformed with, and no
person shall deny or obstruct such entry.
B. No person shall in any manner interfere with the collection or disposal of solid waste,
recyclable or yard refuse materials by any person authorized by -franchisee, recycling or yard refuse
franchisee to collect and dispose of the same. -
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6-4.29 Violation -- Penalty. ,
Every person as defined in this chapter who violates any of the provisions of this chapter is guilty
of a misdemeanor.
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