HomeMy WebLinkAbout31- Public Services CITY OF SAN BERNARDINO - REQUEST FOP COUNCIL ALtTION
From: James Howell, Acting Director Subject: An ordinance of the City of San
Bernardino adding Chapter 8.25 to the
Dept: Public Services San Bernardino Municipal Code
relating to scavenging of recyclable
Date: September 28, 1995 materials
Synopsis of Previous Council Action:
03/02/92 Resolution 92-83 adopting the SRRE and HHWE.
09/09/92 Resolution 92-355 establishing a residential recycling pilot program.
03/08/93 Resolution 93-52 establishing a commercial cardboard recycling program.
09/07/93 Resolution 93-331 establishing a commercial greenwaste recycling program.
06/06/94 Resolution 94-128 requesting distribution of remaining AB-939 funds ($410,000) to San Bernardino
to offset cost of recycling implementation.
06/08/94 Ways and Means Committee approval of staff recommendation to develop program.
09/06/94 MC910 amending Chapter 8.24 of San Bernardino Municipal Code relating to garbage and rubbish
adopted by Mayor and Common Council.
02/09/95 Resolution 95-29 establishing agreement with California Biomass for Green Materials Processing.
07/13/95 Resolution 95-221 authorizing the execution of an agreement with Taormina Industries, Inc. for the
provision of commingled recyclables processing.
Recommended Motion:
That further reading of the ordinance be waived
and it be laid over for final adoption.
Signature
Contact person: Lynn Merrill, Recycling Coordinator Phone 5140
Supporting data attached: Staff Report, Ordinance, Anti-Scavenging Report Ward: ALL
FUNDING REQUIREMENTS: Amount: None
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
IDLI619s
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOP COUNCIL ACTION
STALFF REPORT
Scavenging is the illegal removal of recyclables from designated areas. Scavenging is
essentially a statewide problem which exists in all cities that have recycling programs.
As a result of scavenging, the City of San Bernardino's commercial cardboard recycling
program is recovering 48% of the tonnage recovered for similar periods in 1994 and 1995. From
February to August, 1994, the City collected 92.75 tons of cardboard. From February to August,
1995 the City collected 44.75 tons, for a net loss of 48 tons. The loss of revenue due to
scavenging is estimated at approximately $3,360. It is expected that the losses will be higher as
the residential and commercial recycling programs are expanded. The City also incurs additional
unknown costs for repairing commercial cardboard recycling bins when scavengers destroy locks
and pry open lids. If scavenging is not controlled, it threatens the success of the recycling
program. Revenues from the sale of recyclables which the City normally would receive are lost.
Another consequence, is the frustration of residents and business who participate in the recycling
program, only to have their efforts at being good citizens thwarted by scavengers.
Currently, the City has no Municipal Code sections addressing the illegal removal of recyclables
from commercial recycling bins. This ordinance will mitigate several problems associated with
scavenging. It accomplishes this task in the following ways:
1. PROHIBITS UNAUTHORIZED REMOVAL It specifies ownership of recyclables
placed in City commercial and residential containers as City property and states that no person
other than the City collector may remove them. This enables enforcement to easily identify
scavengers.
2. SPECIFIES USE OF CONTAINERS It specifies the City issued residential
and commercial containers as City property thus allowing the City to specify the intended use of
those containers and punish those who damage them to retrieve the contents.
3. REDUCES CONTAMINATION OF MATERIALS Allows for the City to
discontinue recycling and greenwaste pick up if a resident continually misuses those containers
as refuse containers. Thus lowering the contamination of recyclables and greenwaste with refuse.
Individuals who continually contaminate the recyclables and greenwaste will be subject to a three
step enforcement program, which may result in the ultimate replacement of the green and blue
container with an additional black container at a per can charge of$10.50 per month.
4. GIVES ADEQUATE NOTICE Requires the posting of signs at all buy-back
centers and reverse vending machines located within the City. These signs will state in both
English and Spanish that the removal of recyclables is illegal and punishable by fines up to$1000
and/or 6 months in jail. All residential blue and green recycling containers will include a
statement molded in each lid which states "No Scavenging Allowed per City Ordinance."
The Public Services Department will recommend that Section 9.90.010 Arrest - Citation
be amended to include Citation Authority to the Public Service Director and his/her designees in
order to enforce this ordinance. Specific citation authority would be granted to Solid Waste
Manager,the Recycling Coordinator,and the Refuse Supervisors to enforce violations of Chapters
8.24 and 8.25 of the San Bernardino Municipal Code.
es Howell
cting Director of Public Services
1. Police Officers
A police officer can arrest the scavenger or issue a field citation in lieu of arrest,
upon the scavenger's promise to appear in court at a scheduled arraignment date. The
extent to which police are utilized will vary due to policy considerations and each agency's
particular circumstances.
2. Code Enforcement Officers
When authorized by local ordinance(See Penal Code Section 836.5), code
enforcement may arrest scavengers or issue field citation in lieu of arrest. If an arrest
becomes necessary or the scavenger poses a safety threat, the police department should
assist.
Without citation authority, code enforcement will attempt to obtain identifying
information from the scavenger and request that a criminal complaint be filed by the city
attorney or district attorney.
3. Rewards
A city or county may be authorized to offer rewards for information leading to the
conviction of scavengers. Necessary findings include a finding that the prevention of
scavenging constitutes a municipal affair and that rewards will help preserve the safety and
general welfare of residents and their property.
4. Wastehauler Involvement
Wastehaulers should utilize Public Resources Code Section 41953 against
scavengers. Small claims courts have jurisdiction over claims of$5,000 or less. Armed
with the court's record of the criminal conviction and a copy of Section 41953, the only
question before the court would be what amount to award the wastehauler.
C. PROSECUTION
1. Violations of State Law
In most cities, the district attorney prosecutes violations of state law. District
attorney prosecution represents low cost to an agency, but also low priority, less
cooperation and likely lesser penalties which may have little deterrent effect.
2. Violations of Local Law
Can be prosecuted by either the district attorney or city attorney. Sanitary districts
must rely on the district attorney for prosecution. City attorney prosecution usually
results in higher priority and cooperation, and possibly stiffer penalties in appropriate
cases. City attorneys may also attempt to enter into civil compromise settlements under
Penal Code Section 1378, to recoup some code enforcement costs.
3. -Court Procedure
Upon issuance of a citation or filing of a criminal complaint, the defendant must
appear in court for arraignment and enter a plea. If a guilty plea is entered, the court
imposes a fine in accordance with state law or if the defendant was cited for violating a
local ordinance, in accordance with the city's bail schedule. If the defendant fails to
apps, a bench warrant is issued for his or her arrest. If a not guilty plea is entered, the
matter is set for a pre-trial hearing.
At the pre-trial hearing, either the district attorney or city attorney will attempt to
reach a disposition of the case. Generally, this will consist of a fairly low fine ($25-$100)
and probation for first time offenders, although stiffer penalties may be proper depending
on the severity of each case. All fines are subject to a 170% penalty assessment. A fine of
$100, actually costs a defendant $270.
If the parties cannot reach a disposition, the case is set for trial. If prosecuted as a
misdemeanor, the defendant is entitled to a jury trial and attorney. If prosecuted as an
infraction, there is no right to a jury trial or an attorney and no imprisonment. Infractions
are usually significantly less costly to prosecute.
4. Evidence
Recyclables which have been removed should always be taken into evidence. If a
large amount is confiscated, the district attorney and the court may treat the violation
more seriously. The evidence is also valuable to the wastehauler in seeking civil penalties.
D. RECOIvtAffi-NDATIONS
L Adopt an ordinance making scavenging a misdemeanor and draft it to apply to
both segregated and non-segregated recyclables, residential and commercial.
2. Authorize code enforcement to issue field citations, but require code
enforcement to call for police assistance for any arrests or potential safety threats.
3. Coordinate enforcement efforts between code enforcement, police, the city
attorney and the wastehauler.
4. If scavenging is a significant problem, have the defendant prosecuted by the city
attorney, with directions to seek a stiff fine, possibly jail time and a lengthy probation.
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.25 TO THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO SCAVENGING OF RECYCLABLE MATERIALS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1. Chapter 8.25 is hereby added to San Bernardino Municipal Code to read
6
as follows:
7
"8.25.010 Definitions.
8
(a) Authorized Recycling Agent. "Authorized Recycling Agent" shall mean a person,
9 firm, partnership, corporation or other entity authorized to collect recyclable discards within the City
limits either by:
10
1. A franchise issued by the City.
11
2. A contract with the City.
12
3. A permit issued pursuant to § 8.24.110 or § 8.24.140 of this Code, accompanied by
13 a current valid business license.
14 (b) Byproducts. "Byproducts" is used in this Chapter as defined in § 8.24.010.A of
this Code.
15
(c) City Collector. "City collector' shall include garbage collector, rubbish collector,
16 recyclable collector and greenwaste collector, all as defined herein.
17 (d) Garbage. "Garbage" as used in this Chapter is defined in § 8.24.010.B of this
Code.
18
(e) Garbage Collector. "Garbage collector" as used in this Chapter is defined in §
19 8.24.010.0 of this Code.
20 (f) Greenwaste. "Greenwaste" as used in this chapter is defined in § 8.24.010.J. of this
Code.
21
(g) Greenwaste Collector. "Greenwaste collector" as used in this Chapter is defined
22 in § 8.24.010.L of this Code.
23 (h) Intended Use. "Intended use" of City issued residential collection containers are:
24 1. The City issued green containers are intended as receptacles for greenwaste and such
materials designated as greenwaste by the Director of Public Services.
25
2. The City issued blue containers are intended as receptacles for recyclable discards and
26 such materials designated as such by the Director of Public Services.
27
DAB:tbm [Recycle.ord] 1 September 28.1995
1 3. The City issued black containers are intended as receptacles for rubbish, byproducts,
and garbage.
2
3 Code. (i) Occupant. "Occupant" as used in this Chapter is defined in § 8.24.010.1) of this
4 0) Person. "Person" includes an individual, firni, limited liability company, association,
partnership, political subdivision, government agency, municipality, public or private corporation,
5 or any other entity whatsoever.
6 (k) Recyclable Collector. "Recyclable collector" as used in this Chapter is defined in
§ 8.24.010.K of this Code.
7
(1) Recyclable Discards. "Recyclable discards" as used in this Chapter is defined in
8 § 8.24.010.1. of this Code.
9 (m) Recycling. "Recycling" shall mean the process of collecting and turning used
products into new products by reprocessing or remanufacturing them.
10
(n) Rubbish. "Rubbish"as used in this Chapter is defined in § 8.24.010.G of this Code.
11
(o) Rubbish Collector. "Rubbish collector" as used in this Chapter is defined in
12 §8.24.010.H of this Code.
13 8.25.020. Unauthorized Removal of Recyclable s.
14 (a) Residential Recyclables. Recyclable discards placed in a City provided residential
container by the occupant, with the intent that said recyclable discards be collected by the City
15 Collector, shall be considered to be City property at the time of placement. Said containers shall
be used only for the intended use as set forth herein. No person, other than the City Collector, shall
16 remove recyclable discards from City-issued residential containers. The occupant, or his authorized
17 agent, may retrieve or remove any recyclable discards from the container, prior to collection.
(b) Commercial Recyclables. Recyclable discards placed in or adjacent to a City
18 commercial bin by the generator with the intent that said recyclable discards be collected by the City
Collector shall be considered to be City property at the time of placement. No person, other than
19 the City Collector shall remove recyclable discards from City commercial bins.
20 8.25.030. Right to Dispose of Recyclable Materials. Nothing in this chapter limits the
right of any person to donate, sell or otherwise dispose of his or her recyclable discards. However
21 a City-issued residential container may not be used for the storage of recyclable discards that the
occupant intends to donate, sell or otherwise dispose of through a party other than the City
22 Collector.
23 8.25.040. Postin of Signs. Signs which state, in both English and Spanish, that
removal of recyclables from City containers is illegal and punishable by a fine of up to $1,000 or
24 up to six months in jail, or both, shall be posted by the City at each of the following locations: 1)
on all City Commercial Recycling Bins; 2) at the entrance to buy-back centers; and, 3) vending
25 machine-type receptacles located within the City of San Bernardino.
26 8.25.050. Intended Use of City Issued Residential Collection Containers. The city issued
27 residential collection containers are intended only as receptacles for the intended use as defined
D.an:tbm [Recycle.ord] 2 September 28,1995
1 herein to be collected by the City Collector. Violation of the intended use may result in a
suspension and/or termination of recycling and greenwaste service by the City Collector.
2
8.25.060. Damage or Destruction of Residential and Commercial Containers. The damage
3 or destruction of residential collection containers, or the damage or destruction of commercial
containers, including but not limited to, cutting of locks or prying open lids, shall be deemed the
4 destruction of City property. Violation may be prosecuted pursuant to §8.25.080, and the City
may seek civil damages by a civil action.
5
8.25.070. Treble Damages. In any civil action by an authorized recycling agent against
6 a person alleged to have violated any part of this Chapter, the court may either allow treble
damages, as measured by the value of the material removed, or award a civil penalty of not more
7 than one thousand dollars ($1,000), whichever is greater, for each unauthorized removal, against
the unauthorized person removing the recyclable discards.
8
8.25.080 Violation. Any person violating any provision of this Chapter is guilty of an
9 infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the
provisions of§ 1.12.010 of this Code. Each violation is punishable separately."
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
DAB:tbm [Rccycle.ord] 3 September 28,1995
1 AN ORDINANCE . . . ADDING CHAPTER 8.25 . . . RELATING TO SCAVENGING OF
RECYCLABLE MATERIALS
2
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a meeting thereof, held on the day
4
of , 1995, by the following vote, to wit:
5
Council Members: AYES NAYS ABSTAIN ABSENT
6
NEGRETE
7
CURLIN
8
HERNANDEZ
9
OBERHELMAN
10
DEVLIN
11
POPE-LUDLAM
12
MILLER
13
14
City Clerk
15
16 The foregoing Ordinance is hereby approved this_ day of , 1995.
17
18 Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City Attorney
22
23 By:
24
25
26
27
DABAbm [Recycle.ord] 4 Septcmbcr 28,1995
ANTI-SCAVENGING REPORT
for the
City of San Bernardino
PUBLIC SERVICES DEPARTMENT
prepared by Karen Erickson, Recycling Analyst Intern
0
TABLE of CONTENTS
Staff Report
Background
Matrix of Ordinances
Appendix 1
(Articles mentioned in staff report)
"Thieves Laying Waste to Recycling Program"
(Los Angeles Daily News: March 13, 1995)
"Scavengers: A Behind the Scenes Recycling Battle"
(Waste Age: September 1994)
"Curbing the Curdside Thefts"
(Orange County Regestir: March 15, 1995)
Appendix 2
(Examples of Ordinances in Matrix)
State Model
City of Anahiem
City of Chino
City of Claremont
City of Garden Grove
City of Los Angeles
City of San Diego
City of San Francisco
City of Redondo Beach
City of Glendale
City of Albany
Appendix 3
(Additional Ordinances Reviewed)
City of Santa Monica
City of Ontario
City of Orange
County of San Bernardino
Appendix 4
City of Anahiem's Investigation Report
and Notice of Violation
City of San Diego's Notice of Violation
Notice Stickers for Cities of Garden Grove and Placentia
"Legal Remedies for Scavenging"
BACKGROUND
Scavenging, the illegal removal of recyclables from designated areas, is a dilemma of
increasing importance in the recycling industry. Scavenging is essentially a statewide problem.
Scavenging exists in almost all cities that have recycling programs. The City of San Bernardino
has ample reason to anticipate a problem here, as the City plans for implementation of its
curbside residential recycling program. Some experts feel that scavenging happens less when
curbside programs are of a commingled nature, as planned for San Bernardino. However, all
of the factors which encourage scavenging are present in the City. Experts point out the
correlation between a downsliding local economy and a rising price for recyclables as
contributing to an increase in the frequency of scavenging.
If the scavenging dilemma is left unattended, significant repercussions develop to threaten
the success of the recycling program. First, revenues from the sale of recyclables, which the
City normally would receive, is lost. Some fledgling recycling programs, such as Los Angeles,
are threatened by this loss of revenue, which has been reported as high as $25,000 a month
("Thieves Laying Waste to Recycling Program", Los Angeles Daily News: March 13, 1995).
Many cities fear this lost revenue will need to be offset by increased refuse rates for customers.
In jurisdictions that use a separate bin program, scavengers routinely grab both the
recyclables and the bin. The City of San Diego has lost an estimated $17,370 in stolen bins
during the first year of their program. ("Scavengers: A Behind-the Scenes Recycling Battle",
Waste Age: September 1994.) Missing bins result in delayed or no service to customers.
Customers become less willing to recycle when bins are repeatedly stolen.
Another consequence, which is a greater threat to the success of the recycling program
than lost revenue, is the frustration of residents who participate in the recycling program, only
to see their efforts at being good citizens thwarted by scavengers. Residents feel victimized
when scavengers drive through their neighborhood and steal what they've taken the time to sort.
Residents are afraid of scavengers "casing" their houses. In many instances, their fear is
warranted. Orange County has records of scavengers brealang into garages and helping
themselves to bicycles ("Curbing the Curbside Thefts", Orange County Register: March 15,
1995). There is also a very real threat of scavengers looking for personal records, such as credit
card receipts or bank statements, with the intention of defrauding the resident.
The California Legislature first enacted a State anti-scavenging law in 1982 (Public
Resources Code, Section 41950). In 1991, it was amended by Assembly Bill 1707 which
mandates two things: 1) Cities are allowed to recover, through civil action, either treble damages
or up to $1,000 per violation against persons who illegally remove recyclable materials from
curbside containers; and, 2) it acknowledges that recyclable materials are the property of the
authorized recycling agent once they are placed outside for collection. Additionally, state law
makes it a misdemeanor for "a person, other than an authorized recycling agent of a city or
county, to remove recyclable materials which have been segregated from solid waste materials
and placed at a designated location for residential curbside collection for the purpose of
1
recycling." State Law limits sentencing to no longer than six months in prison and/or a fine no
greater than a $1000. However, state law excludes people who are unaware of this section from
legal action.
State law affirms the right of individuals to donate or otherwise arrange for the removal
of recyclables. Recently, the State Supreme Court heard arguments regarding an individual's
right to dispose of their recyclables. The issue in the Rancho Mirage decision was whether a
municipality could prohibit an individual from donating or otherwise giving recyclables to
someone other than the municipality's authorized franchise collector. The Court upheld that
recyclables were not subject to the same health, safety and welfare considerations that garbage
and refuse were. As such, they were considered to be a commodity outside of the regulatory
control of local jurisdictions. This in essence reaffirmed Public Resource Code Section 66763,
which states "nothing in this article shall limit the right of an individual person to donate sell
or otherwise dispose of his or her recyclable materials."
Finally, state law allows local jurisdictions to enact additional laws to regulate
scavenging. Section 66765 of the Public Resources Code states that "nothing in this article shall
limit the authority of a local agency to enact or enforce regulations or ordinances on the same
matters." Additionally, nothing in the State Code preempts municipal ordinances which are
adopted to address this matter, nor does it prevent local jurisdictions from passing more stringent
measures. State law establishes basic guidelines for prohibiting scavenging in California, but
it allows communities the flexibility to address local conditions through municipal ordinances.
Included in this report is a copy of the Anti-Scavenging state ordinance model prepared
by the California Dept. of Conservation Division of Recycling which illustrates all of the
preceding statutes in an ordinance form. (California State Public Resources Code, chapter
1475.)
In California, 220 cities in 33 counties have adopted anti-scavenging ordinances as part
of the curbside programs. All of the ordinance reviewed contain many of the same provisions.
However, many jurisdictions have developed language that addresses specific concerns within
the jurisdiction regarding anti-scavenging. These additional sections may or may not be within
the Public Resources Code; however the particular City felt it necessary to incorporate these
sections into the local municipal code. The attached matrix provides a comparison of the
Municipal Codes of several California cities, and illustrates the similarities and differences in
existing anti-scavenging ordinances regarding enforcement, penalties, sentencing, time of
ownership, and civil action.
In most of the ordinance reviewed, Peace and Code enforcement officers are the
primary administrators of anti-scavenging ordinances at the municipal level and often receive
supplemental support from "designees of the Director of Waste Management." Some
municipalities have created "trash police", which are a separate enforcement entity whose duty
is to enforce Refuse Codes. Other cities may alter preexisting enforcement agencies' roles to
incorporate scavenging codes. For example, the City of Los Angeles, with council approval,
2
plans to reallocate funds from the Waste Management budget to the L.A.P.D. to fund
enforcement. This enforcement strategy has already been successfully implemented in the City
of San Francisco.
Currently state law dictates that any violation found in chapter 9 of Public Resources
code is punishable as a misdemeanor. However, several local agencies have amended their code
to make scavenging an infraction, punishable by the payment of varying amounts of fines.
Altering the code so that the violation is an infraction instead of a misdemeanor avoids court
proceedings and lessens the workload on the city attorney. However infractions are difficult to
keep track of and a single scavenger may accumulate several with no additional penalty. In the
City of San Francisco's ordinance, violators may be punished as either an infraction or a
misdemeanor. This provision, which was unique among all the ordinances reviewed, allows for
enforcers and prosecutors to exercise discretion. This enables them to assign stiffer penalties
for more substantial violations. For example, if a scavenger which worked out of a organized
fleet in a pickup truck (as has been documented in the City of Los Angeles) was caught, that
violation could be prosecuted'as a misdemeanor.
Diversity in sentencing regarding anti-scavenging ordinances is not limited to amounts
of fines and prison time. The detail in various ordinances which pertains to sentencing is also
distinct. In the cities of Chino and San Francisco, fines are set to increase as the number of
infractions per year increase. The infraction fines have ceilings that increase with the number
of violations. In the City of San Francisco, citations are given to scavengers and linked to the
vehicles they use. When a vehicle has over three citations for scavenging recorded against it
within a one year period, the vehicle can be impounded. Other ordinances reviewed, which
charge violations as misdemeanors, set a limit of$1000 fine or six months in jail or both.
In addition to fines, the Public Resources Code allows pursuit of civil action to recover
the loss of value resulting from the scavenging activity. Article 1, Section 41953 of chapter 9
in the Public Resources Code states that, in civil action by the recycling agent against a person
alleged of violating the anti-scavenging code, "the court may either allow treble damages, as
measured by the value of the material removed, or award a civil penalty of not more than one
thousand dollars ($1000), whichever is greater, for each unauthorized removal, against the
unauthorized person removing the recycling material." Although few of the cities reviewed
mention civil action in their ordinance, those that do reiterate State Law. Both San Diego's and
Albany's ordinances elaborate upon the state code in that they allow the city or it's contractor
to seek civil action. Additionally, a conviction for a violation doesn't exempt a person from
civil action.
Many ordinances state the time at which ownership of the recyclables transfers from the
resident to the city or city authorized hauler. According to the ordinances reviewed, this
stipulation is exclusive to residential curbside recycling. Designating a small, finite time zone
in which the city owns the recyclables benefits the city in that the period of liability, particularly
when the city owns the containers, is minimal. Consequently, if the city chooses to seek civil
action for the illegal removal of recyclables, the offense must have occurred in the time period
3
that those recyclables are city property. However, limiting the period of time of city ownership
of recyclables is of no help to residents who wish to discourage scavengers who enter their
property to take recyclables. This creates a predicament in which a scavenger should be
punished for both trespassing and scavenging, but if the property rights to the recyclables is not
clear, little to no action may be pursued.
Nothing in any of the ordinances reviewed limit the right of an individual to donate, sell,
or otherwise dispose of his or her recyclables in a legal manner. However some city ordinances
prohibit a resident from arranging or allowing for someone other than the authorized recycling
agent to pick up their recyclables segregated for the purposes of recycling and placed in the
designated recycling area, which is usually the curb of the residential property. This makes it
more difficult for an enterprising scavenger to arrange pick-ups ahead of the authorized recycling
truck or design their own route.
According to one report, most agencies feel "that the primary nemesis of haulers is the
type of scavenger that pilfers curbside not to get a few cents for food, but to make a living."
(Scavengers: A Behind the Scenes Recycling Batt] , Waste Age, Sept. 1994.) A comprehensive
anti-scavenging ordinance should target scavengers who work in organized mobile groups with
the intent of making money at the City's expense, and administer stiffer penalties to them.
Proper notification of the anti-scavenging laws is critical. Scavengers that often work
in organized groups claim that they are unaware that it is illegal to remove recyclables from City
bins and therefore go unpunished. The State Resources Code mandates that "no person shall be
subject to an action for a violation of this section unless the person knows or reasonably should
know, that the materials would otherwise be collected by the authorized recycling agent for the
purpose of recycling the materials." An effective solution to scavengers who repeatedly claim
that they were unaware that removing recyclables is illegal, is to ensure that signs are posted on
all city bins which state scavenging is prohibited and the penalty for removing recyclables. All
enforcement agencies reviewed for the report felt that in order to deter and prosecute scavengers,
it was imperative to include a requirement for bilingual signs in the City ordinance. This will
aid in mitigating the abuse of this particular loophole. These signs should be printed in both
English and Spanish.
Currently, the City of San Bernardino's Municipal Code penalizes any violation of its
refuse code as a misdemeanor. However, there is no section of the Code which specifically
address separated recyclables. Instead, the removal of "recyclable discards", which are
recyclables placed in a trash receptacle, by an unauthorized agent is prohibited. (Section
8.24.190.B of the San Bernardino Municipal Code Relating to Garbage and Rubbish). However
according to the Municipal sections addressing scavenging, it is legal for a scavenger to
rummage through a city commercial recycling bin and thus difficult to prosecute such an act as
a misdemeanor. Difficulties in prosecuting increase because there is no mention of when
ownership is transferred between the resident and the collector. There is only a statement that
prohibits the unauthorized collection. Precise definitions regarding the transfers of ownership
and responsibility are paramount for the City to pursue civil and legal action.
4
The City of San Bernardino's ordinance could take further preventative measures by
incorporating an "intended use" clause into the anti-scavenging ordinance. This clause would
prohibit the City issued recycling bins from being used for anything other than their designated
use for recyclables, green waste or refuse. Residents' would be allowed to arrange for a non-
profit organization to pick up their recyclables, but they may not use the city bins as the storage
containers. This clause makes enforcement much easier, because individuals other than residents
and City authorized agents shouldn't be looking inside City containers.
It is also important to strengthen the prohibition on the contamination of green materials
or recyclables with garbage or refuse. In the City's current pilot project, some residents were
observed using the blue container as a second trash container. The anti-contamination clause
would prohibit residents from placing recyclable or waste materials in the wrong containers.
For example, if a resident fills their black trash container then places their overflow in the green
container, the City may mix that trash in with the green waste collected from other residences,
resulting in contamination of the entire load. This results in an increased processing cost and
a reduction in the volume of materials diverted.
Further investigation of the scavenging issue in San Bernardino demonstrated a need to
address ownership of recyclables generated from residences and commercial areas differently.
Scavenging in commercial bins may occur by employees or agents of the commercial enterprise.
In one case, supervisors who oversee waste disposal at a local medical facility suspect that their
own employees are removing cardboard from hospital dumpsters. As fiber prices increase, more
scavenging is likely to occur. Since the City currently operates a commercial cardboard
collection service, these bins are seen as rich pickings for local scavenger. In some cases, the
scavengers are also damaging locks and bins as they attempt to remove cardboard. This action
results in damage and destruction to City property, as well as loss of revenue from the sale of
cardboard collected. Consequently, it is necessary to clearly identify and delineate that
ownership of materials transfers to the City of San Bernardino upon placement of recyclables
in or, when the bin is full, adjacent to, the City issued bin. Also, it is important to clearly state
that destruction of City bins and locks is also a criminal act.
Finally, it is necessary to assert the intended use of City issued bins and that the City
provided residential containers are the City's property. By asserting that the bins are City
property, it allows the City to specify which parties are allowed to handle them. Consequently,
if a scavenger enters a residents property to pilfer through City bins, they would then be guilty
of both trespassing and tampering with City property without permission.
5
�c
'6 T z
z z z z 7 z
8
cu
. I .
.20 .2'A .2 y .2
-6,- -6
z z
F= E
0 0
cu
0 C
"us a,Wc u ce
C,
V 'o
u
d 0 1 V I c 8 2c
.2
z AN
is
7'9-
,Z Z:5 cc
72 ai
c c
-2
Se Se
P
IA C
<
13
At
U t1 u u u
y._1_Ic
_C - .V. O U � ca 11 C
2D O u >.�V) ~ t7V
CY)oa c a C G.O V' 41 u C O v b O
C u u u y�� n u
o o u ° m v [ea v
✓• x � 3.� -• uc � u >
10 U) 00 O�ppC O > .+
m=_ O d nth N ro
_ C) °� Eav tv.rr>'E0 a
C C T C N G
c m� u �. m`°�� xY Q 3
.. 00> �, o u =
oD O .. 3 u ao c o u'� o Q
00 a � OV. E u NV UU CC
3E � u �hucE ° �t�-� oE m
O V.�5 0.� aaG� u o Wtis Es U a0 cn
a
� o �.� >-- vN HE „•v c � u
1� mY c.� C ca m O �` r- O�
ca x
wV F-C.0 .Ly- u`" uv. N ca
O
vQ. ON Evq� a E
CD (D r,E O oD^Ci H y� c�N pouu-u- "o~0 cl
�o L N0u 0-
:3 c > .O O.a
Y .5.0 + y= E N O
NV u 'C 5 p°v D
'a
cKi
2 -� Eu3 �- `" oo..b /ou
?. r U) u Cl C7 v: O= C U 8 .1C U y -
7 - t_�_. m�. C• 00 ` ..X O 00�...::Q = O U T C
'. c E o -0,
mo 3u "c ° a ° Cx
U)- E.r a.0 3. E-q Ez ° ° 3
�0 C "b u V C 4.. y N �
O)m W O O eCV L1� Tu v 0 O E C C u u C C y
►..... O E... C ,� iv U 6.� C _ Z.-.0 O u O 0 O u � O-- u
0a to(U � a &-*= Evoo3 _OOc
tI1 O a .- u 3 u
x � E ~ ~ Ny� OC cou � � �
C3 m y v' 1._� 3 v iU`O E c o E 7 0.�.� 3
'00 00.0003 O 00 ... 0 UN_., T'CU -isE C
C .,..� N c N i....r Q � U oo ca 7 E-
O p `on
Z) r- a� Nz0 s H a=� E E U� c�-Uo � 0
U) C N N u O 00 N'^
4- CD u a� u Q O ]C
0 �d .4: oC33 �u cMut=gip ;, > Evac, c`- U
>, C �`� O �. uCcaNCTC00a , N0C1'. O.CEEeau
U a,N c�ic =° Ns �+ o0 -ca Naomi .ov °, C-< V) D' cu .•• u
• ^ Q Q Q�., u C V... > d NN(� ea ° fm0 ..U.
u N 0'r la..~.. E Car `^(n u U,6 u 0 U en >►-1 L. a•> L: u 0
¢ ■ ° u ocn� ° tun cuuu 0clm t° ua
u .a u ca
fy E N Q `^ u�^„ C y [ T�•p L: 1 p 4.•�' t"
in 1.. 0.0 UU OcacaCa� OO � u�?'V -
V o00 u� .N. ° `. 0 E'cacEaoo �o^Nv`� u
fj c:bo C u `� u v L C u >.r Nx N O'
.� Ar > cu + ' ETC 3 ° E.=�� � �� c � �
eo v ea �0 u
00u u C C u O v u N b
O N N S 0 C � A o >,u U u0 tu! ., 3�u.0
0 -E u'
3 a u � 7v 0 00
ooh E " Ncam-_ 00 " 000�.y EU cV1 aNvu� 0•C ca
O y Tom._ u'0 c.OL - y Cv, C eon,+ m•C U
ey E .. guac � c3`! ( • CvN �T"uoE 000 u
O x 3 o'°-'s i c °,--- o-c op C E O-S 0 E >
r u u b u -- ^Q N eo
P O oZ �-O ` � voaoNN� Evo = 0 ,°,o3 � auc�
a°c°•��c u pC s ow 3 co " E Y c u Cc•c oo
o oo c o`o` o EEc
C) cj 002 v � °v o C. I-oa Co3 ..-0 T-o
H
. Al
1 Ci s s s NA PUBLIC LI sem c a bl SH/From Pa � es
Page 1
"d want it to stop.' :t r,' : �`w; well-organized scavenger who use
Chick said she was hopeful that ` Y"��""� roving trucks and
` remove sec systematically
the Pilot program would result in yclabla from a neigh-
increased city revenues from ray- _ boyhood,• Sanitation Director
.clables that would sustain a city- - Delwin Biagi said in a report to
wide Police action against Chick's committee.
scavengers. Sanitation officials are worried
The city's attitude toward scay. F r• ;"-' about losing thousands of dollars of
engers has changed considerably t >;; revenue from the recycled goods.
since 1992 when it was Policy to -' i!_ But even worse,they fear that re,
look the other way as homeless idents will choose not to recycle in
People scrounged a few cans in order to keep the intruders off their
hopes of earning enough to buy streets.
groceries. This is a real demotivator for
Four focus groups of citizens :� th e said Sones, who has over-
asxmbted by a consultant to the - - ' seen expansion of recycling pro.
city's recycling Program in 1992 g ram! gram and the new automated trash
said they didn't think scavengers ' , .3= j pickup system in which 60-gallon
should be penalized for taking __ trash bins are being distributcd to
recyclables,according to Bureau of �c��c- � 720.000 city households.
Sanitation documents. _ i>✓-� The fina160 gallon bins—black
"All focus groups expressed con- i '•�;= � ' ones for nonrecoverable trash and
tern over an anti-scavenging :".SUN Brun ones for yard waste that is
enforcement effort adversely compostedandsoldasfertilizer
—
`
impacting low-income people who `+ �_ are being distributed in West Los use recyclables as a source of Angeles with everything expected
income,"the consultant reported. to be on the street by July.
What's changed, city officials At the same time the city is dis-
srid,is the burgeoning market for �� tributing yellow recycling bins.
recyclables,and the fact that there More than 664,000 of the square
IS money to be made. - bins have been distributed since
The newspapers are so convb September 1990,but only SO per-
"Sent to take because they're cent of the households are putting
already bundled up, and they're recyclables out at the curb,
curly stackable,"said Drew Sones, Once bins are distributed to all
'aisistant'direetor of the Bureau of 720,000 city households served by
�Saititation and director of the city s city garbage trucks, which is
recycling and automated trash expected by next month,sanitation
PickHliip'services. - officials had planned to begin a
Wlcn the citY'a'eurbside recy. campai¢ri to promote recycling.
cling program begin in 1990,san- A Now it looks u if a good part of
itatuon workers were worried �Y worker picks up a r"ClIng bin In Woodland Hlns during the standard once-a-week pickup.� ��' heir efforts will be aimed at mop.
w'hetherthere would bea market for and that's what spurred the Ping the scavenging problem,Sones
the thousands of tons of r growth our yard when the gate is open to $69 000 to scavengers in the said.
wastes the recycled of demand by end users.' receive a truck and they've tried to six We're hoping we can get a fewof
y intended to collect. Eighteen months ago the price of remove material from our yard." ��It99 between July and Decem. re and get that publicized
But in the past five years,curb used newspaper was $17.50
aide recycling Per The high price ofrecoveredpaper The Bureau of Sanitation now a Stopping will reduce the activity.'
Y s programs have ton, according to pulp is paper is making big business for o
expanded across the country,The News Group in San Francisco.But nized scavengers.And nowhere afire estimates the city is losin S2S, difficult an scavengers could prove
huge increase has created reliable the prig soared to more than S 100 the pickings easier than in the more per month to scavenging dulTicult and dangerous Sanitation
sources Of waste materials,such as a ton last of 5300,000 r gr g or a total workers just aren't equipped to deal
Did newspapers yea,analysts said. than 660,000 yellow recycling bins De year. with the problem,McGuire said
P pen and aluminum 'FacPorts to the Far East of that have been distributed at Recycling companies that have 'We've had some very scary
ans, giving manufacturers the recovered paper amounted to 3.7 households throughout Los Mge- ei�Y ro°tracts have felt the
bnfidence to invest in new plants million metric tons a 21 The volume ve dropped t t pinch, confrontations,"she acid.'in one
o reprocess the material. increase over 1993," said Jacob les,sanutation officials said. siderabl con- instance, one of our driven was cling Demand for newsprint also has Handelsman,atradeanalystforthe better than we do,"saiduM routes Y." said Rand Rrry, crowbarwhenahetlried toconfronl
ncrpsed overseas, manager of the West Valle
particularly in American Forest and Paper Asso- McGuire, head of the Bureau of when Center in Reseda.`Last
he Far East where rapidly ciation. Domestic demand rose 7 Sanitation's refuse collection Year a stupbya. Another driver got
xpanding economies have few when it peaked in June 00 to.we beat up e a scavenger.So we have
Percent as new mills to process division. mot_. No about 2,500 ton:
latural sources ofraw pulp and rcly recycledWPereameonline. -a told them not to confront
;eavily on recycled "Sometimes you'll find a fare month. Now we're doing about scavenger.'
Y Products, Demand also has driven up the truck with g 1.600•"
ndustry analysts said. price of mixed office People jumping off of it City crews were collectin a Police officials say they have
'7 he prices per and to fan out Through the neighbor- 4,300 tons of news riot g bout higher priorities than staking out
so Tbiei have r all of these consider- cardboard, o said Barbara Collet,in block collect material ck "a she bring i it
D per month recycling biro and they have been
bl ,• between March and June of last told by representatives from the
y said Rob Steuteville, asso• Canoga Park,which recovers office 'Sometimes they go out in small year, according to an internal City Attorney's
late editor of BioCycle,a national and cardboard wastes from com• pickups and bring it back to a large Y tY'sOffice that it will be
rade publication. Bureau of Sanitation'memo. hard to prosecute someone for
m�rcialfirrra truck." B The amount had declined to staling one bagofoldne-spapers,
-Mcrc are so many sources of The price of paper has increased In a recent report to the City 2.692 tons by December despite you want xydables than there were 10 years 400 Percent over a year and a half,' In ens ro ental •1f rot to Actually tbdl of
Y the fan that the city added 60,000 somebo0
go.'Steutevillesaid 'Municipal. ColJetsaid.-Wehavelockablebin's and Waste Man emeot Co�mmii-
Y new households to the recydm recyd_bk goods`@ would roQulre a
�g You can just see a to more and we are broken bars nto constan chains, that heyahad lost 6'9pe tonal of mgg 1
Program between Septem,pef 0 lot of tutu l lascee at $roll
nurses of these materials out there We et December. fir
B people who have driven into newspapers valued at more than By far the largest problem we VD *wool pp
have identified is that of MiM' r�oTavWoa.
r �,• �..'•,<?1r.�ftr, :3'iT r..:'�Ft%��Tfi' °L:
•r 1 r �. lyd7. ter).-' .;
Q.4 1 - �rJY'I• -
allow
• 1 •t i 'ti
�f •i' * N ♦'4 .fir • - / !� I� r'^
�� s•:.• i r z '. i
?•,•dial _ �/,' ,:-t, i' - � ' •,+ i' r '� ; .,;�Cf.:.,i
• • 1 111 • • : :.
r -
� • � • • 1 111 • '. 1 111 •• • • • � f
• t
r
E""-
r'
Scavengers (Oni(j
In some locations,losses due to scavenging have sab- "Some haulers take an even more aggressive approach
otaged the efficacy of curbside recycling as a whole.The because they say 'Look, this is money going out of our
city of San Diego, for example,has been hit particularly pocket,'" Nash says. 'But 1 did hear about a scavenger :
hard. For the first half of 1994,approximately 2,895 bins pulling a gun on one of the route supervisors.That can
holding recyclables were stolen, costing the city about get to be a serious problem." im
$17,370 to replace,according to statistics provided by San '
Diego's Environmental Services Department. "People Stealing or surviaingP `?
become annoyed when they see[scavengers)going own scavenging Tr
in station wagons picking p the[aterials theyy've sported," cons derat onns thatf can'oco mplicate the i sue. It other u:
says Maureen Dixon,recycling specialist for the City of San uncommon to see homeless people burrowing through
Diego."Increased scavenging causes decreased recycling waste containers in order to collect materials that retain'
efforts.We're losing$15,000 in equipment[i.e.contain- some monetary value. For the most part, the public has
era)alone—and that's not even counting the contents,"she been reluctant to report these instances to the authorities.
adds.
"In some ways,you get into a touchy social issue if[the
Curbing the problem scavenger) happens to be a homeless person on foot_
Addressing the issue of curbside theft is difficult for Residents don't want to deprive them of a few cans that
several reasons.One of the most troublesome is the fact Will Pay to put food in their mouth, Nash says,
that incidences of stave "The homeless scavenging is a relatively small per- s
scavenging are often sporadic,making tentage.They've gotten a bad rap'on that," Dixon says, =
Ike-
it harts for haulers and police to identify and catch poach-- adding that the purity for San Diego is apprehending the y
erz Several states and dries have placed an ' o g
ordinances on the l g ` rganized scavengers,even though,by law,all perpetra- e
books,but the problem still persists.Res-y. tors must be treated the same. `
idents who see poachers often will report-them to they_. :::=;In some cases,the homeless a
Police, but by the time a law enforcement officer 'provide a service
on the scene, arrives``-to wing, according'to.Carl Hultberg, president of
e, perpetrators are usually gone,*Twor : •the.Village Green Recycling Team
tunately,calls like that get pushed to the bottom of the bar-': communi g. Me"' York City), a
rel,"Nash says. - . . , , _ tybased recycling center that organizes home-
"The actual scavenging ess individuals to help collect recyclables.The homeless
gang has to be witnessed," Dixon -'are doing us a favor—an essential duty," Hultberg says, mar
adds. "So instead of citations [code enforcement_offi-
cers)issue a lot of warnings.' r "They're not the type that will slash bags open and leave Frer
In fact, at least one tom a mess We have a huge mass of recyclables that need sort- eng.
Inc(Hanover,Md.),sells locks foryrescycling containers to o are looking for some mass of
o do,"hdisadvantaged ds people
prevent poaching. iet
However, the illegal aspects of scavenging re not According to Hultberg, the homeless collect cans thre
g?ng primarily off the street,though he admits that they may
limited to the loss of revenues.In some cases,scavenging extract cars from curbside containers."We would encour kno
incidences have threatened the personal safety of the age a large[aparitnent)building o t
drivers."Our drivers can't act as police,* sa g separate a its deposit con- asp,
Po �" says."There tamers and have the homeless pick them up, says is k
have been a couple of situations where[the scavengers]have Marcia B
gotten aggressive,and it makes it unsafe for our drivers." Waste Reduction,assistant and Recycling for the Bureau w
rti Reuse,and Recycling for the city of New of sav
In order to both address the safety concerns and try York."We don't do anything in a regulatory sense about
to bridle the extent of the losses,both the city of San Diego the [homeless] scavenging. For us, it's primarily a litter off(
and Solana Recyders promote anti-scavenging tactics in issue.We don't want the garbage left all over."
their educational materials that are sent to residents."We From all accounts,the primary nemesis of haulers is
[tell residents]what they can do to try and cut back on scan the enc
enging—like gait until the morning to put their materials few cents for�f scavenger that pilfers curbsides, not to get a ��
out,and to report license numbers if they ee a pickup ood,but to make a living.Unlike the home- rep.
eY p p truck less issue,the public reserves no sympathy for professional
[that is being used to haul materials],"Nash explains.The poachers. "It's the people in the station wagons and the
city of San Diego also suggests placing the bin of newspaper f
e`"sp� truck's that we're really concerned about," Dixon says. put
(which has lesser market value)on top of the bin that holds
the more sought-after aluminum,plastic,and lass. `We were experiencing [illegal) businesses going ant
g down the alley emptying our recycling containers into the
inc
76 WASTE AGE �;?I 7?t2 1994
Scavengers Contd
back of their truck," explains Wanda Wildman, solid seeing>omc tliett of Slass a hen the price was up," Nas{�
waste management inslxctions administrator for the city adds. Resides ntaricet%aluc,ceraain kinds of legislation also
of Phoenix. nraN affect the degree of scavenging. In California, for
"If residents see someone driving down the street in instance, a 198G beverage container recycling law and a
a nice pickup L-uck taking the stuff, they get upset,"- recent rise in curbside collection programs reportedly have
Solana's Nash says. "Thee think, Tin the one sorting made scavenging a more lucrative practice in the state.
this stuff and the revenue is paving for the recycling of it.' Though several other suues have implemented"bottle bill"
\Vilat's realh fnrstatIlIg is that they%re taking the con- legislation, California is the only state in which the con-
tainers as well.- tainers can be redeemed not only for the deposit, but for
the scrap \alue as well, Nash says.
Hot commodities In July,the\a1ue of aluminum\%-as about 80 cents per
Other factors exacerbate the scavenging problem,fur- pound,while the"California Refund\Jalue"was approx-
the,-G-usu-ating haulers and recyclers. While the news of Imately 67 cents per pound.""The scrap value is less than
improved markets for recvclables is always good, it also the redemption(value) but[the beverage container law]
means that the likelihood of the commodities falling vic- probably affects[the amount of scavenging] for the gen-
tim to scavenging is up as well. "It's safe to say that peo- oral public," Dixon says.
pie Will go with what has the most%alue,"says Tom Estes, To date, no studies have been conducted that make
spokesman for the California Integrated Waste Manage- a direct connection between the beverage container la%%
menu Board. and the degree of scavenging in the state."If[California]
-When the prices go up,we see more theft-We were is Lard hit,we have no quantification of that,"says Pamela ,
3 '
Scavengers Conid. R E C
FAC
F.Morris,public affairs officer for California's Department allow a volunteer
Of Conservation. to give a course to a group of scav-
engers so that they can form a[recycling]co
Though a total of six states in the Northeast have op."
implemented bottle bills, scavenging has not been as also will heolp cavengerr�s—who are collectin the maten�
much of a problem as it has been in California-"I'm sure als anyway—to cultivate their activities into a type of busi-
it happens,but its just not that widespread,"says Michael ness so as to obtain better prices for the materials. "Peo-
Alexander, policy analyst for the Northeast Recycling pie have lost their jobs,and the idea of the coop.-.is to get
Council (Brattleboro, Vt.). "I think it has more to do these people to get some self-esteem,self awareness.The
with rile local economy [than the beverage container scavenger can earn two to three times above the minimum
redemption legislation].If you took away the scrap value wage,which u about$80 per month[in Brazil],-Wells says.
and still had the deposit value, you'd probably still have Cempre contends that the municipally run programs
a problem [in California],"he adds.
"work far better when integrated with street scavengers and
If you can't beat 'em, eon 'em informal scrap dealers because it reduces their costs,"
In South America,scavenging is viewed quite differ- organization. A cooperative in SaorPaulo!t thedworld's by the
ently than in the US."Scavenging is the basis of recycling second 1 t
in the third world,"explains Christopher Wells,executive are making living off of the orreecyclab es0tlheeypcollecti
director of Cempre, a not-for-profit, private-sector asso- from the streets.
oration that promotes integrated waste management in
Brazil. "We are "It is something the U.S.could start thinking about,"
putting out an educational kit that would Wells adds. 1
t
CIRCLE No S ON REAOER SERVICE CARD
78 WASTE Art SIPI(MVP Ic?a
V N V 0E V>;` qY� E° `Yrw rV.°• ^�____^ y`C
ru
•a ,+d _<: 5� � 3 "3��-.: >�_ QEe 37.5 -rio=±c `u$a o._ >,+«•o � vVYS u�v'
d S•U o of '°-.w�o�So` : yi..c �'0 �e Yf Ya .i E- u� °..-q. l
-�" £ Q
Q� °LSioo Eu °w Y" ..Ea'•u•� -.'+- l o q `?. �vv u is�V> >vo:e •ErC�`u vS`i.
ovo e�my ro E `Dq v°mac°e.+i..� -QO TU + w: E LN.� .`.s �..-..- �h�« c i
�J <yomgg'u cE°mEBE�" w v:u3o$L +`EuT.E �w5 ° �eaxuE !B`cE N`v E`y >Yto °m
"EE°e°'7> sio
c=S o t•. s5- w 5'u._ c
u�c' T E $ $ 'sa Sv$'r S °Tq .,.a- �S'�=mq r`w
.� L �:uvu�� o- � u` �o ^ v 2'e ill-
�` .°-a csc. r-• oS -±E O
yV q
-+e g.;ru�= .m'•'.' _°£wE�+E�ec `S.S,w, c S�'.i> ` �^ • o +o :«$'�
.n°�_c Y°cr`- w u Sg o-S b"u E.:2 Eo`o-=�E �Y E`"• =uC•L«
�s 'c�" c.°.yu_�vu`.�u'iS �7` " Yi
"..Eu "c.. u3 oo.•u-� Tpva a �'`-.V S v $ oY9,,-m...•i
uo c E63 x ES
E�''a °So:v fi�u°O.°`...-•s3 ~-5c°uEnw2°.Yi�O�p a°+moo
vi "
Yy C`C q`_V5MZ= C-�YO O•^b0 CyraVE mO gygyO� OS `m^d E C7 �7 O q
EF c-e v- iay+`7T •°„'C=q uTmmc !- rH i.". °.u._c7$.G2 c=g A.5 u$ > q
�' ScE�g`3�
O '>•: Y_a,comS y^ Yi."owaCV E-_YvS E83 Si.` w C 2_ _ T-•q Y3
? nvEmm +>�'o E �-°•-'. v ' i�c , -`«
Ev°O4a E ° Eq erm-.eV w -a .2 cux8 T c :. o . .
q ".0.o-°i _
J �crv`+'.Zo a E .-vY~.�ccUJ°a8 ce°u�E°••°.pi o Ps rho$``"'-i5��3 °»met >;N "^c. EMwM�o?e
E_v r cw`c' c�i°`sogq au.5^3 soS mi"..-u a E° euiS
N D`O5�g v` ��« +�`m"`o 5 '-$�-gSuo`:v +5.75 ofiE •$ �w� cv-
m N Q =° E`_Y:5 6 3 °c•Ti 7°`9"Svc"=u L e 2L.
_ +yv YEq
N t C•4 > v._w m Y _ ^ P O> w•« 3 O q `. O O q-T q
, V �� ,�a e?.^.B��nDyyyY `d..= d^rLgiwo VS�•50-wq�`3+v �.i„5
�� O OY yyY�VM`+YEgY C..YYq^ iQY > q `SVV"YU C',CwV YLYY°OOw V'- >E 'SL C.E=C wgOE
.. •cSi5 m°'2'5n$�c o�€uyc>e`q .° +. 42=,l �a°c E'E>�`.`•o�;c�u�'v s.ea wn E wov 1-Ei`o c-.
i3nu- o
"u._ii o�....UO LYim uo'..fa,EV wi°'.`-i',`'n SU a"i.5.u« dwF�U'u�°.�$E ~rS S:u ScEn i.".=" f•`Ewc�o
q
w is
ao J `u
7:--t:oll t= uv° E v cO c y °
WN N O''� dA7V y� .'7tic'oC .N u,
cc Q p W u
Wm-V1-� yo�o r.'=.Qy :oZ uvc y'e O E Y
�-=JJ Q 0...L` O V V C 6r V
O m a p p u+ O o c. E u ._v .w o y w ,d a W
t7 O O a a 3 •o A A r`o'5: Y, cc r c y r 3 oc
L U L V I Y
Eoyv> Lxc ` paE� Wy d
n r.t :to X. V C> m �•W 00' t C
E Z_Q mac v o r u u , u•o cc 00<
LLJ V G UNNU �,�y�^ Oo A V r V V
X •}�yNy_ . N' O aC` c (D O V a. V CtV1U .tea '
? OOpwO w`ay>aia�i h00ao v» op`'ea`i _ vc
uvVVOz Vy�> 5EE -> o4.3ev a : rid
`�C y 3,0 v'L. 20
m'
_� v
C
v E'
twmQ:m!°.q-W',c m-
7LCV..y-c aOZ L c>.'.]a.O-atp(.y ..
v1 cy r'y c F u v o F mu._. B
v ;;vOr c.v:.
r G) cd
_Yr
o b. a
cr , Z• O
Z1... � ,ice• 2
Amk AN"
uj
�r i �'o
l)
v ��to c
lW7 a>,0�vca....4c ���, $Ey o
cc E m: c�ov
Z O�' y
Oc°� ua mcce
m.� °Minx'' �:,o o°
a v v i
w o c Y,-. ooE °c -m u°c w ao y
S v � ",000aov wo . �oS'ti i.y w
C 4) o 4) ca v. �y ra o m LC�a 4.y
c qc o ai mw
(� 2 o y c o u m y OD .4.G
h` W �' �••V 0 V v o V C � C.� 'O L
cc cc Qv 3p'o'e 'p
F TC`cv
to o„iovo
MODEL ORDINANCE
ANTI-SCAVENGING
Assemblv Bill No.3717 Ch. 1473
Ica The physical separation of recyclable material from other
CHAPTER 1473 waste material.
SEC. 4. Article 7 icommencing with Section 6,61i is added to
An act to add Sections 66710.3.66713.3.and 66718.3 to.and to add Chapter 1 of Title 7.3 of the Government Code. to read:
Article 7 (commencing with Section 66:61) to Chapter'I of Title 7.3
of. the Government Code, relating to recyclable materials. article 7. Unauthorized Collection of Recyclable Materials
(Appro.r•d by Co.emor Septnnber V.i�Pded with 66761. No person, other than the authorized recycling scent.
lectatary of State September 33.19n shall remove paper•glass,cardboard,plastic,used motor oil•ferrous
LECLSL,,71VE COUXSELT DICEST metal, aluminum. or other recyclable materials which have been
AB 3717, Lehman. Recyclable matenals: theft. segregated from other waste materials and placed at a designated
Existing law does not specifically prohibit the removal of collection location for the purposes of collection and recycling. No
recyclable matenals from a designated collection location. person shall be subject to an action for a violation of this section
This bill would, except for an authorized recycling agent. as unless the person knows. or reasonably should know, that the
defined, prohibit a person from knowingly, as spedfied, removing materials would otherwise be collected by the authorized recycling
recyclable matenal which has been segregated from other waste agent for the purpose of recycling the matenals.
matenaL as defined.for the purposes of recycling and placed at the 66762 Unless otherwise provided by contract. Viper. glass.
designated collection location,as defined in the bill. cardboard, plastics, used motor oil, ferrous metal. aluminum. acid
The bill would authorize a court to award treble damages to an other waste materials. which are segregated for the purposes of
authonzed recycling agent in specified civil actions. recycling,and placed at the designated collection location.tray not
be removed by anyone other than the authonzed collection agent ut
The people of the State of California do enact as follows. the local governing body or private commercial entity.
66763. Nothing in this article shall hint the right of the individual
SECTION 1. Section 667103 is added to the Covenment Code.to a person to donate,sell.or otherwise dispose of his or her recyclable
read: materials.
66710.3. -Authorized recycling agent" means a person that a 66764. In any civil action by in authorized recycling agent
local governing body or private commercial entity authorizes or , against a person alleged to have violated Section 66761.the court mac
contracts with to collect its recyclable waste matertaL ra authorized allow treble damages against the unauthorized person removing the
recycling agency may be a municipal collection service, private recyclable material as measured by the value of the material
refuse hauler, private recycling enterprise, or private nonprofit removed.
corporation or association. 66763. Nothing in this article shall limit the authority of a local
SEC 2 Section 667133 is added to the Cov ernment Code, to agency to onact or enforce regulations or ordinances on the same
read: matters.
66713.3. "Designated collection location-means the place where
an authorized recycling agent has contracted with either the local
governing body or a private entity to pick up segregated.recyclable
material. This location will customanly be the curbside of a
residential neighborhood or the semce alley of a commercial
enterprise.
SEC. 3. Section 667183 is added to the Government Code, to
read:
667183. "Segregated froin other waste material" means any of
the following:
iaa The placement of recyclable materials in separate containers.
iba The binding of recyclable material separately from the other
waste material.
SOURCE: STATE OF CALIFORNIA. DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING
`y of Anahiern
WASTE COLLECTION AN Y'DISPOSAL 10.10.020-10.10.030
.050 "Contractor" shall mean any 10A0.020'SUPERVISION OF
person, persons, flum or corporation entering COLLECTIONS AND/OR
into a contract with the City for the collection CONTRACTORS.
and disposal of solid waste. .010 The City of Anaheim shall
.060 "Director" shall mean the Main- provide �or'�tie collection and disposal of solid
tenance Services Director of the Maintenance waste from Vesidential, commercial and industrial
Services Department, or the designated repre- establishment'within the City either by private
sentative thereof. contradt`for'such collection and disposal or by
.070 "Garbage" shall mean all animal such �other methods as authorized by the City
and vegetable refuse resulting from the Council.
preparation, handling or dispensing of food, 020 The City and its duly authorized
including every accumulation of animal and agents and crgPloyees, or Contractors and their
vegetable matter that attends the preparation, duly authorized agents and employees shall have
consumption, decay, dealings in or storage of the exclusive'nght to gather, collect and dispose
meats, fish, fruits, vegetables, tallow, bones or "'
g of solid-waste from all premises in the City in
meat trimmings that are rejected as useless by accordance with' the provisions of this Chapter.
the owner or producer thereof. It shall be Unlawful for any persons other than
.080 'Medical Waste" shall mean any those in theVj; eding sentence to gather,collect
waste incidental to, and resulting from, the or dispose'of'�61id waste from any premises in
operation of any hospital, medical clinic, the C4ity';'provided, however, that the occupant
doctor's office,or residential sickroom. of any'residd.nt l dwelling unit may,in a lawful
.090 "Nuisance"shall mean anything manner, dispose of any solid waste which has
which is injurious to health, or is indecent or accumulated on such occupant's own premises.
offensive to the senses, or an obstruction to the `x',030 The Director shall have charge
free use of property, so as to interfere with the and supervision of such collection and disposal
comfortable enjoyment of life or property; or and shall prescribe and establish the routes and
any other condition specifed in Section 3479 of days thereof. When such routes and/or days of
the Civil Code of the State of California. ' collection :are established or changed, the
.100 "Refuse" shall mean all waste, Director shall give appropriate notice thereof
refuse, trash, rubbish, offal, leaves, cuttings, to the public",(Ord. 3907 § 2 (part);September
trimmings, shrubs, grass, animal waste, and any 5, 1978;Ord. 4750 § 1;August 26, 1986.)
other matter rejected as useless by the owner or
producer thereof, whether combustible or
noncombustible, except said term shall not 10.10.030 SPECIFICATIONS FOR SOLID
include garbage, medical waste, or special waste WASTE CONTAINERS.
as defined in this Chapter. Each solid waste container shall,
.110 "Residential Solid Waste" shall unless otherwise exempted by this Chapter or
mean solid waste generated, produced, or specifically approved by the Director, comply
discarded in the normal operation and with the following specifications:
function of a household. Such household may
duplex, triplex, •010 Reusable solid waste containers
be a single-family residence, du
P P shall be made from galvanized steel, durable
apartment or mobile home. plastic or other material a
.120 "Solid Waste" shall mean approved by the
Director. Said containers must taper from
garbage, refuse, medical waste, and construction top to bottom, be fitted with handles or bails,
and demolition waste as defined herein. and be equipped with tight-fitting lids which
.130 "Special Waste" shall mean shall be removed only when filling or emptying.
explosives, flammable or hazardous materials, Total capacity of said containers shall not be
dead animals, discarded motor vehicles or less than 20 gallons nor more than forty gallons,
major components thereof, or any bulky or and the combined weight of each container and
Leavy items or debris which exceed the contents thereof shall not exceed a total of 65
maximum size or weight limitations for solid pounds. Metal drums or barrels which have been
waste containers as set forth in this Chapter. cut, altered or trimmed to mect the size limita-
(Ord. 3907 § 2 (part); September 5, 1978-Ord. tions of this Section shall not be permitted.
4749 § I ; August 26, 1986.)
Ott 2 (A uhcmi 12 37)
wl
19095916829
CITY of CHINO Fax:19095916829 —Mar 27 '95 10:56 P.01i0�
� 7671 p,,w �` y ��r
Posl-jt-Fax Note From�lt)�
To
Co ioeo, �js1,NLT\'\-
Fi=�ti0`1
California Government Code prohibits unauthorized personsfrom removing separated recycla
materials from designated collection locations. The City of Chino, on February S, 1944, G
approved an ordinance which designates the theft of recyclable and solid waste materials as an
infraction punishable as follows:
1. A fine of not more than fifty dollars for the first violation;
2. A fine of not more than one hundred dollars for a second violation of the same
provision within one year,
3. A fine not exceeding two hundred fifty dollars for each additional violation of the
same provision within the same year.
Code Enforcement staff has received notice on August 22, 1994, the occupant in vehicle bearing
California license number 3R89289 was observed scavenging through the curbside recycling
bins, a violation of Chino Municipal Code Section 8.16.160 E.
11220 Cratral Aveava.Cbree. Call(GIAla 91710
Adlrur f 0 Ike%667. &no. CallforDla 91701.0647
(909)427.7777 • (909)$91-6829 Fax
CITY of CHIC Fax:l%959168,,,9 Mar 27 ')5
10:513 F.G6�u7
PJMF7UsE COLLEAcmN
8.16.090 Collection charges---Other romis or 8.16.15C olatiort--pen:..y,,
rubbish or ref ut.
All forms of rubbish or rr'fuse not included in this chapter shall bed the Provisions of
the terms of refuse as defined in Section 8.16.010 or and purvshed u deemed dry of a misdemean-
may be collected by the city for such charges u the Provided in Section 1.12.010 of
director of public worm orhis authonud represent- sec Code unless specified differently for particular
save shall determine as reasonable. (Ord. 75.20 § Ord. S-20r§ 16. lag s. (Ord. 91• a_ r .�,
15. 1975. prior code § 12.15.) 1 I
prior code ¢ 12.16.)
8.16.100 Retltse collection charges 8.16.160 Ownership and disposition or waste
Nonpayment- and recyclables.
Failure to A. No person shall collect refuse within the city
Pay the charges for refuse collection without a written
within thirty days after the mailing of the bills permit, wWch permit shall be
therefor is declared to be a misdemeanor. Oro issued only on vote of the city council and may
75-20 § 14, 1975: prior code § 12-i4.) ( � revoked for fat7ure to comply wrth the
health and sanitary regulations for the city or
for good cause.
8.16.110 Accumulation or waste matter upon 8. The city Rte' and hereafter shall retain. the
private ro ern P° exclusive authority over the collection
P P e y—Kemoval. disposition of all refuse generated within are
In the event of the accumulation of waste the
matter upon any private Property. the director of city including the time, place and mariner of
public works or his authorized re such collection and disposal.
authorised to order the removal of G C ' 7"4 city council may require each and every
Payment of a service foe therefor in an amount person or entity having a permit or contract for
equal to the cost of such n:movaL (Ord. 75-20 110. ft collection and/or disposal of the refus
1975: prior code § 12-10.) generated within the city to dispose of such
refuse at a site selected and designated by the
city council.
8.16.120 Inspection or prernism D. Garbage u,d other containerized waste &hall
TIe health officer shall visit all premises within remain the Property of the generator until the
the corporate limits of the city from time to time to material is removed from the container by the
examine the sanitary ity or the city's authorized contractor. Yard
nary Conditions of such pcemiscs to refuse waste, ��
determine whether the provisions of this chapter an of a recycling
being complied with (Orb. 75-20 § 11. 1973 prior -
Program. ruuill remain
code § 12-11.)complied ProP�rte of the
g the material is colkcud by the
city or ttx city's authorized oontractor. Any
rtxyclabies placed at the curb as part of a
8.16.130 Burning refuse or agricultural solid recycling Pr°grRm shall become the Property of
waste. the City or the city's authorized recyclable
No refuse or agricultural solid waste shall be E. ��0f at the time of placrmuu at the curb.
burned within the city limits. (Ord. 75-20 city or its duly authorized agent shall have
1975: prior code § 12-4.) § 4• the exclusive right to gather and collect
gage. yard refuse. recyclables and other
waste m&Mr within the city. h shall be
8.16.140 Dumping orb unlawful for any person, except u otherwise
crying refuse or waste. Provided in this
No person shall place in any water or waterway chapter. to collect or gather
or dump or bury in any lot. land. street, or alley e, wad matter or necyclables within the
within the city limits any refuse or nuisance wastes. violation thereof shall be deemed an
(Ord. 75-20 12. 19'75: prior code § 12-2.) t and P�stxd as Provided m Section
l.12.010 f this code. (Ord. 91-1 § l
1997:"Ord. 88-2 12. 1988.) (pan).
183
iCtira 9.411
8. 08 . 09; Recycling. In those areas of the city where
rcc-Icling sz:v:ce is provided by the city , recyclable ,mate-
r1313 n, ---y be placed at the curb , or where alley collection
oro vi?.=d, 3t the alley_ , on the day establisf�ed by the
.or cl;zctioa or the night Ce _ere Recyclable
3ced jr. co I-,CZ i[_�rs or u!1=_�^ -� accord-
r,-,' =:z
n w_=; _ .. _'-locce � b-y resolut_or o_ t:?e C '_ .:Ol!*1C1_'` owner of the recyclable aerials , '
� t•`lt City , o: T
;zrc tr�2-r authorized agents , may r=move or inter-
^'i=ti recvclab le materials placed for collection. Each
`°laden ci this code section shall be an infraction. (Ord.
j2 , 1582) .
ClTr of
(Claremont 8/84)
GARDEN GROVE SANITARY DISTRICT
Section 10: No person, persons, entity or corporation other than the
owner thereof, his agents or employees, an officer or employee of the District
or an authorized licensed refuse contractor shall enter, tamper, or meddle with
any garbage or refuse container or the contents thereof or remove the contents
of any such container or remove any such container from the location where the
same shall have been placed by the owner thereof or his agent.
` Section 42: It is a policy of the Garden Grove Sanitary District to
prevent the existence and accumulation of garbage, refuse or cuttings upon anp
pri.vate premises or on any public place. fn order to promote such p<,1Jcy a
violation of any section under this General Regulation Ordinance shall. be a
misdemeanor and shall be punishable by fine not to exceed one thousand dollars
(11,000.00) , imprisonment not to exceed si- (6) months, or both. A separate
violation shall be deemed to exist for each day or part of a day thereof wherein
and whereby such person, persons, entity or corporation fails to comply wi.tli the
regulations as set forth herein.
fir✓Los a e,les
i
Ch.V1.Art.6 PI'ar.rC PROPGRTY §66.25
I
SEC. 66.25. DEI'OSI"TIN(: NONCOMBUSTIBLE RUBBISH.
(Amended by Ord. No. 148,466, Eff. 7/29/76.) i
No person shall deposit or cause to be deposited any combustible or
noncombustible rubbish or any refuse of any kind whatsoever upon or in any
street,or upon any private premises in this City,or in the Los Angeles River,
or in the bed thereof. Noncombustible rubbish may be deposited upon any
low ground after the person proposing so to deposit the same shall have
obtained a written pennil therefor from the Board and from the owner of the
premises upon which it is proposed to deposit such noncombustible rubbish.
Any permit granted pursuant to the provisions of this section may be revoked
by the Board at any time without notice, and upon such revocation all rights
thereunder shall immediately cease.
SEC. 66.26. CLEANING RUIMISII VEHICLES.
No person shall convey any noncombustible rubbish in any vessel, recep-
lacle,tank or wagon box in which there is any market refuse or garbage,or in
which any market refuse or garbage shall have been placed at any prior time
unless such vessel, receptacle. lank or wagon box shall have been thoroughly
cleaned and all market refuse and garbage removed therefrom before any
such rubbish is placed therein.
SEC. 66.27. RULES AND REGULATIONS— EFFECT OF NUN- �
COMPLIANCE WITH.
(Amended by Ord. No. 124,024, Eft. 3/14/63.)
The connection of refuse or rubbish not prepared and placed for collection
in accordance with the rules and regulations adopted by the Board may be
rejected by the City.
I
SEC. 66.28. REFUSE— RUBBISH AND SALVAGE—TAMPERING
WITH.
(Amended by Ord. No. 146,705, EIT. 12/9/74.)
No person, other than the owner thereof, his agents or employees, or an
officer or employee of this City or any person holding a contract Willi this
City for the collection, or disposal of refuse or rubbish, or recycling of
salvage, his agents or employees for such purpose, shall tamper with any
refuse, rubbish or salvage. or refuse, rubbish or salvage container or the �
contents thereof, or shall remove any such container or remove salvage not i
containerized from any location where the same had been placed by the
owner thereof or his agent. whether or not such container confornrs to re-
quirements or description set forth in the rules and regulations of the Board of j
Public Works.
RECEIVED C6-233 (Rev.No.49- 1"3)
MAR 3 0 1995
PUBLIC SERVICES
_ SAN DIEGO MUNICIPAL[.CODE §66.(405
` chapter, nor sha conviction for such violation
Dn-ISION d exempt any person trom a civil action brought by an
Collection of Recyclable Materials aurhorized recycling contractor or the City.
(Added 3-6-89 by 0-17258 NS.)
§ 66.0401 Ownership of Recyclable Waste
Material
Once recyclable waste material is placed in a des-
ignated container for such purpose at a designated
recycling collection location for collection by the
City of San Diego or its authorized agent, the recyc-
lable waste material shall become the property of
the City of San Diego or its authorized agent.
(Added 3-6-89 by a17258 N.S.)
§ 66.0402 Unauthorized Collection Prob-i-
bited
During the twenty-four (24) hour period com-
mencing at 6:00 pm. on any day preceding a day
designated for collection of recyclable waste mate-
rial, no person, other than a City of San Diego
employee or its authorized agent, shall remove
recyclable waste material from a designated con-
tainer which has been placed at a designated recy-
cling collection location.Each collection in violation
of this section from each separate designated recy-
cling collection location during that period shall
constitute a separate and distinct violation puni-
shable as provided in this code.
(Added 3-6-89 by O-17258 N.S.)
§ 66.0403` Right of Individual to Dispose of
Recyclable Waste Material
Nothing in this Article shall limit the right of an
individual person, organi=tion or other entity to
donate,sell or otherwise dispose of recyclable waste
material, provided that any such disposal is in ac-
cordance with the provisions of this chapter or of
ocher law.
(Added 3-6-89.by 0-17258 N.S)
§ 66.0404 Enforcement—Authority
The Director of the Department of Waste Man-
agement and designees shaIl have the authority to
enforce the provisions of this Article and to arrest
any person without a warrant for a violation of this .
Article or other provisions of lawwhich the Director
or designee has a duty to enforce,when committed
in their presence, and to issue a notice to appear
Pursuant to Penal Code section 836.5.
(Added 3-6-89 by 0-1 7258 N.S.)
§ 66.0405 Civil Action by Authorized Recy-
cling Cont-urtor or City
Nothing in this Division shalt be deemed to limit
the*right of an authorized agent or the City to bring a
ci4 action against any person who violates this
IMC 6-212.51
r
C w
j r t 1 y
� r i ^ " • � O .� O 1 " � O L C V i
�+ E w r a • • • • w r ••• > O
r • w • M V • • V + 1 t 0 [pp
3.
LZ-
r 1 _ • . S a � � r r s : . _
t !f a
r • iii r �. . ✓ r � r r : Y ' r � + , �
F
r ` � �_ t � • r � = r
w ^ • M Y • r •
r ` w w . f • • r w N
ft
3 A • Y N C {� M A w w � N
w h O �• L+ 1•. C O r � • t • • V r r V O i �1
� .`O. � � • O i � i � i � p � ^ r 1 � � VI
r � r • r 0 ° � r . t • � >. i �
.r r O ✓ • ✓ G
`� �•
b
�
rs
...a -�r- i=.=,TZ �•..sr �
Q.• A A • • A • • w w w w •-i A •�.. r « M yM !• h X w. LYi •
U:A
w-
-4p%
U
1a `
U1 C O ! O
► j � ,. •• w a � Q
�(
F 8 - -
A r _
~ • ' ••• r O V O V '� V • s O
0 pE
a •" w r � .. f. ` Y
U � w r • !r w � O t
Ogg o o
A
b r � w • • r r " r A 40
fa � a r a _ •w Y w � a
. • s
i 1 r l 1 r r C
C A � - ` • F t • � � r [ • � y r
ro N S � = r y • 3 O • « , � • � Y
ff • w O S • C r r ! 0 r
W A • V a r j r r w • S w y r
4, IL a - i = • i y a a s ; g
r r t N • •
� • r
Y :
1 s
u■ t r
7 �i • ^•.. ; = : yr!
^
" A A • • r A • - � i w w � M A w .•. w � tii � N � � M � M � A
A �
10•d 061 SrK60616 01 iw9w 31SU M 01-US 'J'S w0a-I 00:51 S661-SG-tsdh
..r,—r -rr rr.
•
M
r • r
r • �O
• � r O�
Y
• w�+ r r w i
• .+ I •f r w
• •
V V �
•w�•rrrrrrM w=•
r
A�V
Y� •w
rw
' • 6•A
y � wr ew
20
w�
^ - Y ' +' • •
o
y y
'M •
w !
- 1
0. • M f. � r r
r 1
� e
• s c
A •• y w �+ Y � � ►� Y
r
zi
• • r Y t
OW
O � w = � w O O ••
20'd C),;..E?Z 01 1wOw 3 15tX1 0 1 — wod-1 10-.1 Str t-SCi-ddy
APR 06 '95 04: 11RM CITY r REDONDO HCH � P• 1
p v > V •a g J 9 e
L
w .a a � v p •5 v �+ N � � � A
d C A C
2 E 2 ,6
C
� •� CQ� Eu u � � s 3 � � � � � Ed �� g Eb ,� Q � o � a•� � o •s � � � �. Ir
� V 00 C V b O Q �., � .= Gi �t� ••
V V E ' N V �j N •�L N (� V �.) �,. ri
L-O
Cc
4
a `� � � � C v � 3 � ►• •}� c $ � v
p v C s
ON
z o
n e� 0 ' - � � SGT " i 8
C 7 w a 'aj y 'gam
09 8 .5 -7 , ;c c Be -2. -I 1 5 t
Cn
x ; 15 .6 .�
IA
rA
M► P-27-1995 15: 378 FRO ri� +TBaJAWEPGMT. TO 190939-:5190 P.O-
ORDINANCE NO. 4817
SECT'I'ON 1-36
Penalties and Punishment for code violations:
(a) FxCOpr as provided in subsection (b) . whenever in this
Code any act is prohibited or-declared unlawful or the doing
of any act is required, or the failure to do any act is declared
to bo unlawful, it shall be a misdemeanor. Unless a specific
penalty is provided, any person convicted of such misdemeanor
shall be punJs�ted by a fine not exceeding five hundred dollars
or imprizonmcnt for a term not exceeding six months or by both
such fine and imprisonment.
(b) A viol,atiou of any provision of Chapter 27 of this
Cude acid uL nay yruvisivn of this Code where the specific penalty
of infraction is provided, shall be deemed an infraction.
(c) An infraction is punishable by:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation
within one year;
3. A fine not exceeding $250.00 for each additional violation
within one year.
ORDINANCE NO. 4818
SECTION 7-78
For every person conducting. managing or carrying on the
busi=ness of a junk collector, for each vehicle employed in such
business, $9.00 per quarter; where no vehicle is employed, $6.00
per quarter for each individual; provided, however, than a license
Issued pursuant to this section shall not authorize the holder
to tamper with or remove waste or recyclable materials placed
at a designated collection location for the purpose of collection.
MAR-217-1995 15 39 FPOM INTEGPATED WASTE MGMT. TO 19093845190 P.03
0 .
ORDINANCE NO. 4818
SECTION 24-32
Tampering with prohibited
NQ person shall tamper or meddle with any refuse receptacle.
No person other than the owner thereof, hie agonta or employees,
or the City, or a licensed refuse collector shall remove the
ccntents from any refuse receptacle. No person, other than
the City or the City's authorized agent, shall remove recyclable
materials Which have been segregated from other wastes and placed
at a designated collection location for the purpose of collection
and rocyclir.g by the City or the Cis_r'b authorized agent.
1 ORDINANCE. NO. 89-DB
2 AN ORDINANCE OF THE ALBANY CITY COUNCIL ESTABLISHING ANTI-
SCAVENGER PROVISIONS RELATING TO OWNERSHIP OF RECYCLABLE
MATERIAL, UNAUTHORIZED COLLECTION OF RECYCLABLE xATERZAL,
4 OWNERSHIP AND UNAUTHORIZED REMOVAL OF APPROrV&D RECYCLING
CONTAINERS, THE RIGHT OF INDMDUALS TO DISPOSE OF
5 RECYCLABLE MATERIAL, THE RIGHT OF AUTHORIZED CONTRACTOR TO
BRING FORTH CIVIL ACTION, AND PROVIDING FOR VIOLATIONS AND
6 PENALTIES.
7
8 WHEREAS, the City of Albany (the "City") wishes to
9 discourage the stealing ("scavengerin5") of recycling
10
buckets and recyclable materials; and
11
12 WHEREAS, the Oakland Scavenger Company has recommended
13 that an anti-scavenger ordinance be enacted to assist in the
14 pursuit and prosecution of those caught stealing recycling
15 buckets and recyclable materials; and
16 WtEFZAS, the City Council has reviewed this matter on
17 March 12, 1989;
181 THE COUNCIL OF THE CITY OF ALBANY DOES ORDAIN AS
19. FOLLOWS :
20 Section 1. That Albany City Code Chapter 15-3 be
21
entitled to read Anti-Scavanger Ordinance.
22
23 Section 2. That Sections 15-3.1 through 15-3.8 be
added to read:
29
25 15-3.1 Definitions . As used in this section:
26
27
28
Aop:oved 'Recycling Container-- shall mean the bucket,
2 bag, box or other container supplied by and/or identified by
3 the City or the Authorized Recycling Contractor or the donor
4 of such recyclable materials as the container into which
5 recyclable materials shall be placed and which shall be
6 located at the curbside .
7 Authorized Recycling Contractor-- shall mean a person,
8 firm, partnership. corporation or other entity authorized
9
under and by virtue of a contract with the City to collect
]0
recyclable materials within the City limits.
11
Recyclable Material-- shall mean material such as, but
12
13 not limited to, newspapers, glass, metal and aluminum cans,
14 plastic bottles, corrugated cardboard and use¢ motor oil
15 which are separated from other garbage or refuse for the
16 purpose of recycling.
17 Recycling-- shall mean the process of collecting and
18 turning used products into new products by reprocessing or
19 remanufacturing them.
20 15-3.2 Ownership of Recyclable Material. Recyclable
21 material placed at the curbside for collection by an !
22
authorized recycling contractor becomes the property of the
23
authorized recycling contractor.
24
25 15-3.3 Unauthorized Collection Prohibited. No
26 person other than an authorized recycling contractor shall
27
28
I remove recyclable material which has been placed at the
2 curbside . Any and each violation hereof from one or more
3 recycling collection locations shall constitute a- separate
4 and distinct offense punishable as provided in this
5 Ordinance .
6 15-3.4 Destroying, Scattering or Collecting
7 Recyclable Material Without the Consent of the Resident of
8 the Premises or the Authorized Recycling Contractor is
9
Prohibited. It shall be unlawful for any person to bu=n,
10
break, destroy, scatter, scavenge, collect or take any
11
recyclable materials without the consent of the resident of
12
13 the premises or the authorized recycling contractor.
14 15-3.5 Approved Recycling Containers- Ownership and
n Unauthorized Removal. It shall be unlawful for a person
16, other than the (1) the resident of the premises or his/her
17 designee; or (2) the City, or (3) an authorized agent of the
18 City, or (4) the authorized recycling contractor, to remove
10 any approved recycling container from the curbside.
20 15-3. 6 Right of Individual to Dispose of Recyclable
21
Material. Nothing in this Ordinance shall limit the right
22
of an individual person, organization, or other entity to
23
24
donate, sell or otherwise dispose of recyclable material,
25 provided that any such disposal is in accordance with the
26 provisions of this chapter.
27
1 15-3.1 Civil Action by Authorized Recycling
2 Contractor. Nothing in this part shall be deemed to limit
3 the right of the authorized recycling contractor to bring a
! civil action against any person who violates the above
5 described sections of this chapter, nor shall a conviction
6 for such violation exempt -any person from a civil action
7 brought by an authorized recycling contractor.
8 15-3 .8 Violations and Penalties. Violation of any
9 pa=t of this section shall be an infraction or misdemeaner
10
pursuant to Section 1-9 of the Albany City Co::p.
11
12 Section 3. Severability Clause. ' If any section,
13 subsection, paragraph, sentence, clause or phrase of this
14 Ordinance for any reason shall be held to be invalid or
l5 unconstitutional, the decision shall not affect the
15 remaining portions of this Ordinance. The Council of the
17 City of Albany hereby declares that it would have passed
18 this Ordinance and each article, section, subsection,
19 paragraph, sentence, clause or phrase Which is a part
20 thereof, irrespective of the fact that any one or more
21
articles, sections, subsections, paragraphs, sentences,
22
clauses or phrases are declared to be invalid or
23
unconstitutional.
2!
25 Section 4. Publication. This Ordinance shall be
26 published in a newspaper of general circulation Within the
27
• i
l City of Albany, which said newspaper is designated for that
2 purpose, or shall be posted in three public places and shall
3 become effective on or after its final passage, adoption and
4 publication.
5
6
8 ward J. McManus, Mayor
9
10
ll
12
13
14
15II
lG
li
18Ii
19
20
21
22
23
24
25
26
27
28
Y 1000 LAN PABLO AVE. ALBANY,CALIF.SA706 TELE PHONE 904VJ4. 528-5720
• JACQUELINE L.BUCHOLZ
r CITY CLARK
STATE OF CALIFORNIA)
COUNTY OF ALAMEDA ) SS
CITY OF ALBANY )
I , JACQUELINE BUCHOLZ, City Clerk of the City of Albany, Cali-
fornia , do hereby certify that the whole number of members of
the City Council of the said City of Alba-6j five; that the
foregoing Ordinance, beino Ordinance No. , was passed
and adopted by the said City Council , approved and signed by the
Mayor of said City, and attested by the City Clerk of said City,
all at a regular meeting of the said Council oh the 20th
day of March , 19E9 A.D. , and that the same was so
passed and adopted by the fold owing votes:
AYES: Council Members Kruse, Lewis, Nichols, Rubin b Mayor McManus
NOES: None
ABSENT: None
In witness whereof, I have hereunto set my hand and affixed the
official seal of the City of Albany, this _ 21st day of
March
6 NULL
City Jerk
IN
5.062190
y of Santa Monica
of 0cwpa icy.Requests fur mfunds shall be made ooh forms the recyclable m tterial(s)for which the container is apoclb-
prvvided by the Director of General Services.(Prior code sally designated.
f 5228) (g) The Santa Monica Recycling Program is a service
offered to the citizens of Santa Monica by the City. No
5.08.300 Interference with collection. person,indudirtg any owners,manager,or authorized agent
No person unauthorized by the City or by the ov/mr of the owner of any dwelling,multiple dwelling,or apart-
of a refuse container shall remove any refuse container ment house may prohibit a citizen from participating.
or any refuse placed in said oontainer or bundled for (h) No person wwuthorized by the~rter of a mcydabk
collection by the City.All such refuse placed for collection material container shall move or rcmevc said container
by Qty employees shall be the property of the aty of Saftta of shall move or remove any recyclable materials which
Monica.(Prior code 4 5229) include, but are not limited to, glass, cans, newspaper,
plastic, yard waste, and motor oil left at the curb for
5.08.310 Amoanting system. collection by City crews on designated recycling collection
'Ilse UtDitiei Division as collection agency for the days. No person shall remove recyclable materials from
Department of Gem ral Scrvicca shall institute and maintain specially designatod containers placed in central locations
a system of accounting as approved by the Director of for the deposit of cans,glass,plastic,and newspapers,or
Finance, adequate and sufficient to provide complete other recyclable materials and all suds recyclable materials
rccorda of all of its operations for which service charges shall be the property of the City of Santa Monica.(Prior
are billed against risers of the service herein contemplated. code 4 5231)
(Prior code 4 5230)
5.08330 Water Hne contnminallon.
S.N320 Recyclable ntatertals. (a) No person shall connect,cross-connect,maintain,
Notwithstanding any other provisions of this Chapter, or install any device,receptacle,fixture,tank,or any other
the following regulations shall apply to the collection of foam of installation in any building or on any premises,
recydable materials: which is connected to any water line, pipe, or conduit,
(a) The Diro:tur of General Services in his or her which conveys or carries any water used for domestic or
discretion shall determine what recyclable materials shall human consumption,if the plan,arrangement,connection,
be collected The Director's discretion shall be based upon maintenance,or installation is such as to make possible
his or her evaluation of the burdens of collection,capacity any contamination or pollution of such water supply.
of equipment to handle such materials, availability of (b) No person shall dump or place upon any water
recyclable materials users, and the convenience of the meter or gate valve on any water line,any garbage,waste
public. matter,or other obstruction of arty kind or nature whatso-
(b) The Director of General Services is authorized to ever. (Prior code 4 5232)
establish such recyclable materials collection routes on
such days of the week and at such hours of the day at 5.08340 Damp grounds.
deemed necessary to serve the best interests of the City. (a) No person shall pcmiit any premises owned,occu-
in no event shall recyclable materials be deposited in f.Ai pied,or controlled by him or her within the City to be
controlled community colkdi n containaLlocated on used for the throwing,dumping,ordepositingof garbage,
pub c property ore 00 La.m. or after 8:00 Pm- refuse,waste matter, or other offensive matter.
(c) The Director of General Services is autbori7d to (b) No person shall trespass or go upon the land or
establish the location of recydable material containers on property of any other person for the purpose of dumping
public property as deemed necessary to serve the best or dump upon the land or property of any person any
interuts of the City.T1he location delerminecd by the Dircc- refuse,as refuse is defined in Section 5.08.010 of this Code.
for of General Services shall in no event encroach upon (Prior code f 5233)
the public alley or street more than four(4) feet.
(d) Upon the consent of the owner or authorized agent 5.08350 Drinking fountains.
of any business, multiple dwelling, or apartment house. Every drinking fountain or other device intended to
when in the opinion of the Director of General Services be used by the public as a means of securing a drink of
such collection is feasible,collection service from points water installed in or about any park,school,hotel,store,
on private property will be made.All receptacles fumishcd or other public meeting place shall comply in design,
by the City shall be and remain ttte property of tike City. application,and operation with the following--pecifiicationt:
(e) Containers for recyclable materials may be different (a) 'Ilse source of water supply and the orifices from
(rum cuntaiucrs fur nutim ychable amulet ials and n►ay vary which the water flows must be so protected that they cannot
according to the type of material collected. In no event be reached by the mouth,lips,or tongue of the drinker.
shalt the accumulation of recyclable materials be allowed (b) The orifices from which the water flows must be
to create litter or an unsafe condition.The City shall have so protected that drippings from the mouth,lips,mustache,
If c.right to place identibcation marls on rcryrlxble material or nnce of the drinker cannot fall on or return to the
containers at its own expense. orifices from which the water flows.
(f) No person shall deposit in or place upon or around (c) The founinin or drinking device must be of such
any recyclable material container any material other than design that under normal water pressure flu drinker may
160
o u.— =
o �•N� u�,pp•� uy •=�� cc �. >.t
n. a m L a ..�.. ,, L c=
� E.� cuo � ccvo � A � o „ � � o c Ica
cebm u „ a v a .-E EE-auc aaME� - - u` &•v"� p=
VY o u'a ' E >�-- >, A S� z o v
i1 C W u 7 .1) La- u u - „.N a A V
` .0 of u' c Er c �U 3� v 3 ` Lp a epu u �
cc cEo v �+ cE .- bcY oLU „ >, E
r �.. eup•N > >, to ar --a u O °r {.. ev U V ° m L `. !-�..
E „ ° � o «v ra � L vo 3 N� , co o
Q ,v �� N'd c uN u c as c C 3'= o cn >
C4 „Wa ,,.- >. o 2 .8 Ya o� 83 " L-° � qv3.= o L
.c C r r- OuC A'� L o V u L. L L. 0 3 0: L.�'�, m V E v
„ c N „� O� u V a •� c�.� Vw C u > O L O C v u
C C L Lt— t O E p `, m0 p „ 7 r a p
ca � c,D u o ca .o a „ :8.8 o V L UM G v E� �, u
'G Nm.„. pmp ` >. 'm E o c .0 o u u O C u o d
c ; auk c c. c0 c Y'ir >,A.=:= `o.; m� A u 06 >;= a.c ^ �'I- to ca ccE-vca1°'Eu „ � u ' ALe° „�•v a`'- � ot OOOC „ A " a 3 „ o�
Ts „ 0 ;C� y'` auv a E � Eu,,. � v � A mUE y .LU. H
E6. „ c c u u u^ ca _c
V p O -- ° - 3 u E m U c c O` L+ y o u O% .3 r c �^O+ -Y°� O� O O�
c u u.�► a ov E A •. u — _ u— N u R a — E E ry
y a a .ri L uv in—._ E u c u.°.u_ L E c u o LV
o � ouazu° ` ” o.° u °vaE.'^ u,;? _v ° � �v-- cs „ > pooet ,cry � a
V-0 „ lu E u A -2-0
— 3 � E 'L041 3 cs EL o a c 0U u >o 'L' um3
a
„ o�...� „v3 A o n �" uo u oL
v cc V LE (� ,o u•_ N �- .Ln c A .: L L- c•� j� c-o u u a N � �• u
�...
c '^ u �-' 3 uU �': 3 Eurx u l� OC u � u -Lt' o .: „ mu a
0-0 yi u A e7 = C u— u t.– >. „ u >, u u tp LL >. LE (n�
„c-- °° Eov_ aN u o u v �~ u-- O`u� a'c> C > >,C a L � c o
9 ��,e°oE E o � c ^ " U A E psi 3 3 �' u E g o u ^ _� �' p � `eL�� No L. u � `o
uV i° o� �' u u or u ausev �i h co aEr �i c u L u ary o �� L
_C"O u 0 0 u U 3 L CO a' o a oo 3 C, u ry '� u”ry ri u
aE auvu a c E „ E o— c `a u L �00 � `-Uw u
o c vy..� 0 3 .E a'E „,mac. ,.. 0 u p u � uzj o� u u os A c u — E:
L a O� L a•_ r L Y u O � ; yr >.�� �+ cat
w aU.e u cv c� �vEvu u u N'20 A E u „� "'� E .. G >p ff1 E C .` Jj0
ro rt o u — a mu-- �` u� : � >,c E _ �' � o u � o �=0 ..
+J �.. z7E.� x'O' cc C0 u � ecL ° a ur0E — m.. . eo
c
E E � ou � ca'°' aao�:°f na�' onE'°'
O
O -
>r
4J
U
4 „ • L V V s... L r '•�.S
LO oo 0 a ur u �- .. 0 O ro c a
ON � u K � � C a h t0 u N > V U L._ v- o E O C a .„. „r
�uucuu co` c..._ wCcn „ h „ O SRC, " o >. O „s E0 c u
a „... a -- � 0 t .00 _u a0, ; Eu E oc- ry :oe
w x o E!+ o A e° c•_ CL 'p N o >.� R oou �� 3 -. c 3
a O N u 0 p c C•y u a C L L.L. 7 •c_ «„ C o y
° a 3 L cs r° > Gea/ cc u u o u'> > �i ° o u E t 00Q E vo .... q V.-
o c L� 0 L. u o o �.e „ .cr'� aE o „ u� S�o � c` aY 0 0.0 u_ u(,
�ue°v � " E h Eu occ w >� `r_" aa.Cp7r, A Sou 'uvu^ 3u uM pu
c� !� y ou a o ��r .:9 „— o� u'_ > 3 °'- 0 3 c c'=
N 2 .*'-o* Oo.0 a a m > C - eo r O t� C7 > L.K ° L O �o
C6 #A >�
� uAOe = 3 � e �cc .S�.A u � ° 3�u.w „ 3u .°e� � ° �'i � = ° au EV
�. '^•„ Vyu EA�or ... oCo � cNe sE�•Eu ur E >
u � u c °o =-uv ° N'- •• c E E ft c'c � �o u c � „ ; L c u L y E o u
C� ur'0 V, u3t COOL cl uE c°ju'3uE—Y' OK > Eoc, „ vu - 3 pc pac
� c A E Xt. E._ u ac
c �.��.. 3 '� .c V.; .y a V V L,� 0 E >.V �V Oa0� � a ° � O,_° m U a.si'y� < � L
o — 3 -- r > V= .. E - L o n C E a u._ p u u K
3xE: a w c r u v EZ a c u .:csA._ a ua r._ u u 3` '^ L.
A c c 3�° aa= o� o >.E �L `.°_ a.c_ c`o E 3 o E 3 „ _ c_ a c so
o—.o " �� — u— c Vu'- c� u �.. uo,'EE suL o „ a � � `� - a.0 a
v .d cv auo a o 'vi—o o „—t c Eb - u 3—b' c E `�_ o A `-° e u N
c_o u �'G A N u v �.� u Sys u o E�� °? E u c o� o
a u cia a� av Y Low° `uv �r C p o v w; E! o E E.c „... o c v o
'$ a 3 „ c m .. a a o ° o .. c.-. c o : u E �+ u
As �� � -�' a c E 2 E �_ a�,,, e > o E u � a c Y, Ems°- E.0
•� �— Q E 1Q— r� ' Ep -u o � 0 a •» 0 05.E a � ucE_ Cu oa
uQ�FOSSr- M 'k- c_ a $.� �, a u°�� E'•c°_r; E3 �c ° c °uo orJt E °u n` v�
�?r „ 3 „•G bow E O „ >.�- pr a ° u �:_�— u w O u ^ „ K— arv._ .. w O C... cn
u -' �► „=.8u ..r u r; QR06E.9 ua rN E:. a oa....5�. 0 uAu
o— E'— u LyU c ” .. .. 0E— � ctau „ arid':-v ii� u � uEo <06 Er
N u °u° v u `_a° o o u-zt cLN �v L. o o o �,�e v u o0 3 u a 3 a u Wk
>.
v G v u u Q a N 3 u 3 — ~t,ro a co is >.u d „ a '.4 o o :, 3 o °-
c Y.°_ s ;�-•'= a u '_'uv °0 eoEr .0 E au H!' E ° E,o e e e u
3 o o N� c'u E o E* =•H E Er a5 - u c u o E „� o X
„ cNev w � uv uZ °'v Ec � c �3'� � � � ? czo vA
x . 28 . 070 Collection by Citt,. A. All Lrash, garbage,
destruction waste, solid waste and construction waste
accumulated in the City shall be collected, conveyed and
disposed of by the City or its authorized representative.
No person, except the City or its authorized representative,
shall collect or convey over -any of the streets or alleys
of the City or dispose of any trash, garbage, solid waste or
construction waste accumulated in the City.
B. Exception. This section shall not p�ohiiDiL the
actual producers of solid waste or the ot:•ners of premises
Upon which refuse has accumulated from personally collecting,
conveying and disposing of such solid waste provided such
producers or owners comply with this Chapter, with any other
governing law or ordinance of the City, and provided a trash
drop off box, or trash bin permit is obtained if a trash drop
off box or trash bin is utilized.
C. The City shall have the right to enter into a con-
tract with any person for the collection of trash, garbage,
destruction waste, solid waste and construction waste.
(Ords. 17-81; 58-80; 26-79 ; 28-65; 42-50; 16-60: Prior
Code 3152. 3) .
8. 28 . 075 Authorization to Remove and Convey Recyclable
Materials. All recyclable materials as defined by Section 8.28 . 010
G of this Chapter, which are placed within the City's right-of-way
or within the vicinty of any curb or refuse bin for collection
purposes shall become the property of the City of Orange; and no
person other than the employees or contract agents of the City
acting in the scope of their agency or employment shall remove from
any place or premises in the City or transport over the public
streets or alleys thereof any such recyclable material. This
Section shall exclude non-profit organizations which have
agreements with the residents to collect and transport recyclable
materials. Agreements between residents and non-profit
organizations shall not include any recyclable materials placed
within the City' s right-of-way or in the vicinity of any curb or
refuse bin. Any such organization must substantiate their
non-profit status upon request of the Director of Public Works.
The City Council is hereby authorized to obtain additional
financial information for the permittee at any time such
information is found to be necessary. ( 12-89)
8 . 2 . 155 TZnlj)erinq with Garbage or Refuse . Llo person,
oti?vr �ilcn L?,•a Owner thereof, his c,cjeats ;,_• employees, an
officeL or employee of the City or an authorized refuse
•.nntr�:_LOc shall e11Ler, tamper, or wed, le :ith any garbage
O I 1 •_ _�'._ :_•,,:?1:-.i L!�.�' of- the Coo)(-_Qn t:i or remove the
'�)!+'• .... ): :� ;:,cll conl..:j ,uCh container
1 1 •,,.. I :_ ... �'�n �;I?�rr.: + it•: ..:�r�:r .':. ! 1... . !?ih:ll I,l C�'i1 Icy
t 1..• I t.:. rr. .,: „r I� 1 ., •1��._I11. . I 1 :; �;lwt.!t�:
of- nUL
.:I•'!. .. . :I• • ir,1.)I'::r. 1. , Ili.. I' n71 .•:n• :: !,i: . !? 111
SAN BERNARDINO COUNTY
SOLID WASTE -OANAGEMENT . • -
'
GENERALLY , ,,..f,; .:isi i•:
Stct ion �.
$eetlnn - ��-� clible'm 4I9i53. eNe dama'gas'or cf �; anadt��
4150 L'nAiithorised rtm r�X :. ��_: s i al of abk aut�im7a.
1. �., ,; ,,.. :ilea::i Vi Z
�' _.ti'alaval of. 8z� ' •r. :41661.—oriiinanoeg and cegulanons: authority of
4196E Ffemo rrasta.nut�ali. ". , � ,
4 1962. ]Ygpoaal of recyclable trtateriaL. agendea.
4196& PurrshmenL -t•.
,'•' Tk! Read{ v�Atttce,l:iQae:add4d by Stats�J090 l9f (SEso9:i, 6. 1•;., ;? ry:
Law Review Contmertts Ties
RA-tit-of&sleeted 1982 CAL(vtals legialatloa. 21 ?Ac-
L.J.aw oqw
- ` *14 IM;Uneiittriiiit�e�;` '!°`e2 °f?c°)'S1a le,tito `,i° �• a. �a:. -
'No person, 6d,9r than the iui)iorired i o,cycHng agent-of the eigr or county, anaD remove piper,
'A", cardboard• plaatla, us4&-v%&oe oil;ferroar nietal, alamintva. or other m-clabk=teriAN-�v_b'f
,ate been segregated from solid waete materials and placed at a designated colleedon locadoil'�for
reddential curb:.ide c4ecdon M2rWnA au city,coon or local sperx y for the parpoobe of
eo ect3on recy g.
b� No person shall be subject to an action for a violation of this seedon. unless tLe parson>Qawa, or.
reasonably should know, that the tnateriala would otbsrwise be.collkled by th` axidioriud reoyoling
agent for retidendal eurbaide coDeetion proirra is aathoriY.ed by s city, county or local am-icy for the
purpose of racy ng a materials.
Lel From the time the re eloble materials swdfled in subdivision a are aced for coDecdion at
eurbdde�or a nUa carom a eollee on pro as red a city, county,or local agency,the
4 recyclable=&te itFwrized recycbng sgenL.- .�• -
(A.dded by Ststa.198% e. 1096, ! 22. Ameadod by State-1991,c.420(A.B.1?TI). 1 1.) + `.•��.
AddTtlorta•or ahanpsr:lrtdio�ta-0 by underilne; dalations.by asterisks • • •
A. M.C. 10. 10. 020. 020 - UNLAWFUL COLLECTION OF SOLID WASTE
REMARKS:
City records indicate that citizen complaints have increased
over the past several months regarding individuals rummaging
through trash receptacles placed at the curb and leaving trash
and garbage scattered throughout the neighborhoods. In October,
1989, the City's Maintenance and Sanitation Division employees
started warning the individuals who were observed rummaging
through trash cans. The warning letters did little to resolve
the problems , therefore the matter was referred to the Code
Enforcement Division.
On , 1994 , at approximately hours I was
working in the block of when I observed a
male / female subject , later identified
as scavenging through the
trash receptacles which were placed at the curb in front/in the
alley of the residence/apartments located at
I observed him/her take recyclable items which consisted
of from the trash receptacles and place them
into a shopping cart / plastic bag which he/ she was
pushing/carrying.
I contacted and identified myself as a Code
Enforcement Officer for the City of Anaheim. I asked him/her if
he/she worked for the City of Anaheim or the City's licensed
contractor concerning the collection of solid waste and he/she
said, "No. " I advised him/her that it was unlawful to remove
solid waste from any trash receptacle which has been set out for
collection. I requested his/her personal identification and
he/she produced a California driver's license, # , which
identified him/her as with a date of
birth of
of , and a home address
identification purposes, Mr. /Ms. For
permission to take his/her right thumb gave me
print and photograph.
Based on my observations of him/her taking recyclable items
) from one/several locations, I issued him/her
a City of Anaheim Notice to Appear #A in the North
Orange County Municipal Court on , 1994 at 9 :00 a.m. for
the violation listed in this report.
Code Enforcement Officer #
Doc #
CITY OF eAN CIEGO
WASTE MANAGEMENT DEPARTMENT
LIYTEA COHTAOL OIVI$ION
S.R I
NOTICE OF VIOLATION 'jf
OAT E I
NAME
I
AOOQE33
p�,pBLEM LOCJ�noN •-
You are hereby notified that you are in violation of:
® Municipal C.odt.Sec.
0 code,Sec
The provisions of the above mentioned ordinance must be complied with in the
following manner. During the tlff,ty-fOUr (24) hour period liing
at 6:00 P.M. on any day preceding a day designated for collection of
recyclable waste material, no person, other than a City of San Diego
eployee or its authorized agent, shall re Ne rclable waste rl terial
fran a designated container Wiich has been placed at a designated
recycling collection location.
Failure to comply prior to will subject you to the
action authorized by law.
TELEPHONE N0:
UTTER CONTROL INSPECTOR
WM-0�6(1P09)
Rec c1e Garden Groue 1995
-- y
JANUARY FEBRUARY MARCH APRIL
REC C 1 2 3 1 5 6 7 1 2 2 1 1 2 3 1 M w T F 5
1I s ( j17,t sQJt t 2E03101CX,i
12'617 1192071 1;171AIS161�7is 19131/25 16 to11� 1 27
�.
+
714-238 -3300 2,20], 2{2721 2627212,302, 23 2/23 24 27 2.29
GAROEN GROVE DISPOSAL INC. MAY JUNE JuI.Y AUGUST
U W 4 T W T f W
W T i
6 ®3 1 3 4 5
N O T I C E 7191 ,®13 / 96$ 6 M17 9315671 6 ,2
t. �20 t1 Q�15 171711 t9
21222721252627 11192021222321 ti 171119202122 20Q26
_ ' 1t 25 X031 ,,29 :71 ,
DO NOT TAKE MATERIALS FROM THIS CONTAINER!&TE1 TEMBER OCTOBER NOVEMBER DBER
.... FAVOR DE NO SACAR MATERIALES DE ESTE RECIPIENW T S u T W T F s S Y F S
1 2 1�7 [f�1
//'�� �1 l 9 1011 12 1311 5 6 7 4 9 1011 3 4 n1 9 1Farden Grove Sanitary Dlttrlct Ordinance (SectlAn l( 2'3111$16 1S�21 121/ 116 23 22232125262721 19202122232425 17112221 6 2 7 21 2,30 21M 2c rohibits Tampering with Refuse � �� 30�tenort all violations to arden .rove Sanitary Die ri; PLACE CONTArHER OLn oN TRASH DA of THE t� cfrrm(714) 534-3943 EEKS. CONTAINERS MUST BE REMOVED FROM VIEW BY 12:00 MIDNIGHT OF COLLECTION DAY PER ODE
�- ♦� e--
u
1
DO NOT TAKE MATERIALS FROM THIS CONTArNER
avn�oMrY: FAVOR DE NO SACAR MATERIALES DE ESTE RECIPIENTS
PW SECTK)N b.01At30(ORDe1ANM 9040-124
ProN "wT1D1" a(rw2w(Wokmtokx'a -PLACENTIA MUNICIPAL CODE
rscycIN CorcL1 ws by 0tw than ..
n 0"own
o-11110O"K;n"M0Wc°anft% "L PROHIBITS TAMPERING WITH REFUSE-
STATE OF CALFORNIA PLUX RESOURCES
CO OE SECTKIN 41OW Report Violations to Placentia Por'ice Departmeat-993-9164
TAs CQy 1s dmttlod2ed by Sous Code o 6eNc
dwi onfacceaw nt tar vrwvftrizpd cwnmi 0t V*U#oCyCWbk rntt fkN"to se+ic dam".
Questions? call EnVlrDnmeot8l Planning-993-5120
Clry of Pt,4c.6A)TIA
ORA acs r wtrH Bt.ack P¢►NT —
LEGAL REMEDIES FOR SCAVENGING
BY DAVID DE BERRY
ASSISTANT CITY ATTORNEY CITY OF ORANGE
A. LAWS MAKING SCAVENGING A CRIME
1. State Law Public Resources Code Section 41950 et sed
Makes it is a misdemeanor for a person, other than an authorized recycling agent
of a city or county, to remove recyclable materials which have been gg a, ted from solid
waste materials and placed at a designated location for residential curbside collection for
the purpose of recycling.
The law is of no value to agencies with "Dirty MRF" systems, i.e., no curbside
segregation of recyclables. The law also does not apply to commercial scavenging.
2. Local Laws
Public Resources Code Section 41954 specifically does not preempt local agency
scavenging ordinances. In Waste Management of the Desert. Inc. v. Palm Springs
- Recycling Center, Inc., 7 CalAth 478 (1994),the Supreme Court held that while a city
cannot prohibit a person from directly-selling or donating recyclables to another, once the
recyclables have been discarded, a franchise agreement providing a wastehauler with the
exclusive right to those recyclables is valid. Thus, enactment of local ordinances
prohibiting removal of recyclables, even if not segregated, are valid.
3. Penalties for Violations
a. State Law—Violations of Public Resource Code Section 41950
constitute a misdemeanor and are punishable by a fine of 51,000 or six months in jail or
both. Public Resources Code Section 41953 authorizes the recycling agent to initiate a
civil action to recover a civil penalty of$1,000 or triple the value of the recyclables
removed, whichever is greater.
b. Local Law—Violations of local ordinances are generally misdemeanors
and are punishable to the same extent as state law. Violations can also be prosecuted as
infractions or as "wobblers", i.e., as misdemeanors or infractions as determined by the
court or the prosecuting officer. A local ordinance could also provide for the imposition
of a civil penalty.
B. ENFORCEMENT