HomeMy WebLinkAbout30- Public Services CITY OF SAN BERNA RDINO - REQUEST FCC" COUNCIL AfTION
(N 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.
Re -- -mended Motion:
further reading of the ordinance be waived
and it be laid over for final adoption.
9==-t�ignatiur—/ei
Contact person: Lynn Merrill, Recycling Coordinator Phone 5140
Supporting data attached: Staff Report. Ordinance Anti-Scavenging Report Ward: ALL
FUNDING REQUIREMENTS: Amount: None
✓ - v
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes: /p 9 S .3
MC -'IJ53
Agenda Item No. 3 o
CITY OF SAN BERNA RDINO - REQUEST F(YR COUNCIL ACTION -
STAXF
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
t 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
appear, 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-S 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.
I
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. RECONVYM CATIONS
I. 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.
ANTI-SCAVENGING REPORT
for the
City of San Bernardino
PUBLIC SERVICES DEPARTMENT
prepared by Karen Erickson, Recycling Analyst Intern
.
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
t 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.
Custgmers 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 breaking 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 Recyclinng Battle, 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.
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I and want it to stop.' :rr ' Y!`w; well-organized scavengers who use
Chick said she was hopeful that ; �;,-�+ roving frocks and systematically
the pilot program would result in remove recyclables from a nagh-
inereased city revenues from recy- _, borhood," 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 scav- F ^S•,;',' about losing thousands ofdollars or
engers has changed considerably �'s:�.;r revenue from the recycled goods.
since 1992 when it was policy to ,!_ But even worse,they fear that res-
look the other way as homeless idents will choose not to recccyyccle i°
People scrounged a few cans in ' Ord erto keep tbeintrudersofftheir
hopes of earning enough to buy streets.'This is a real groceries. them,"said as who hasoover.
Four focus groups of citizens �''' � r_•
assembled by a consultant to the seen expansion of recycling pro-
city's recycling program in 1992 gram and the new automated trash
said they didn't think scavenger .3= Pickup system in which 60-g Lion
should be Penalized for taking _ _ trash bins are being distributed to
recyclables,according to Bureau of 720.000 city households.
Sanitation documents. _ _+ __ The final 60-gallon.bins-black '
All focus groups expressed con• ones for nonrecoverable trash and
cern over an anti-scavenging J_.MUN green ones for yard waste that is
enf- •ent effort adversely composted and sold as fertilizer-
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°w-income people who -• . are being distributed in West Los
us iblcs as a source of Angeles with everything expected
inc .re consultant reported. `'• to be on the street by July.
Wh.,s changed, city officials At the same time the city is dis.
said.is the burgeoning market for a �� , tributing yellow recycling bins.
recyclables,and the fact that there More than 664,000 of the square
is money to be made.
The newspapers a Dins have been distributed since re so conve- September 1990,but only 50 per.
aiont to take because they're cent of the households are putting
already bundled up, and they're recyclables out at the curb.
i-4 stackable,"said Drew$ones, Once bins are distributed to all
'assistant director of the Bureau of 720,000 city households served by
$anllation and director of the city
f city garbage trucks, which is
'recycling and automated trash expected by next month,sanitation
PUMP,services. officials had planned to begin a
WLc'n;the citY.-s'curbside rmy. campai"to Promote recycling.
tun Pr`9—begin in 1990,san-
itation Now it loots as if a good pan of
workers were worried A�Y worker picks up a reoyding bin in Woodland HIDs during the standard once.a-week pickup rNr- their efforts will be aimed at mop.
whetherthere would bea market for andlhat'swhats spurred ping the scavenging problem,Sones
the thousands of tons of recycled P growth our hard when the gate is open to S69 000 to scavengers in the said.
wastes they intended to collect. °Eighteen months ago s the rice of remove material d they've
yard.-to six We're hoping we can get a fewof
But in the p months between July and Decem- these u s and get that publicized
past five years,curb• used newspapers was $17.50 per The high her 1994.
side recycling programs have ton, according to 'g y
pulp !tt Paper is makin price
business o Dtr The Bureau of Sanitation and that will reduce the activity."
huge in across the country.The News Grou Ba estimates the city is losin S25 now Stopping scavengers could prove
huge increase has crested reliable the Price soared to more Francisco.han S op the ings easier scavengers. than nowhere the more car month heleaven s � difficult and dangerous.Sanitation
aoutces oC waste materials,such as a ton tut year,analysts said. than 660,000 yellow r 6 or a total workers just aren't equipped to deal
old news a Y recycling bins of$300,000 per year. with the problem,McGuire said
P pen and aluminum 'Exports to the Far East of that have been distributed at Recycling companies that
stns, giving manufacturers the recovered paper amounted to 3.7 households throughout Los Mge- Recycling contracts have felt the have "We've had some very scary
confidence to invest a new plants million metric tons a 2l percent lea,sanitation officials said. The volume has dropped pinch' confrontations,"she said•drivers one
to reprocess the material. increase over 1993," said Jacob siderabl °Op Instance, one of our driven was
Demand for newsprint also has Handelsman,atradeanalystforthe better than webdo,"saiduM nita g Y' said Randy Rm, stabbed
bar when hettried to confront
:°creased overseas, mans er of the West Valk
It
:he Far East wherecnpl0jy ca onpDoorestcnd aper ss- Sanrtart oneadr refuse the collection au of when Center in Reseda.'Last
when it peaked in June or Jul Year a scavenger. Another driver got
:xPanding economies have few percent as new mills to division
Y we beat up by a scavenger.So we have
iaturals°urcesoflawpulpandrcl recycled Process were_doing about 2,500 ton s-4 told them not to confront
icavily on recycled Y Dema paper came driven line. Sometimes you'll find a large month. Now we're doing about scavengers.'
products, Demand also has driven up the truck with People jumping offof it City crews were collecting Y
ndustry analysts said. prig of mixed office Police officials say they have
'7be prices Paper and to fan out through the neighbor- 4,Citycrsofnewsprint re i higher priorities than staking out com-none gone or these consider- cardboard, said Barbara Collet,in b�'collect material truck." she bring per month recycling bins and they have been
bl ; between March and June of last told by representatives from the
Y said Rob Steutcville, also- Canoga Park whichrecoversofftce `Sometimes they go out in small Year' according to an internal City Attorney's
late editor of BioCycle,a national and cardboard wastes from coin• Y ey'sOlfiee that it will Ix
lade O mercW firms. pickups and bring it back to a large Bureau of Sanitation memo. hard to prosecute someone for
�P motion. truck." The amount had declined to stealing one
so many sources of `The price ofpaper has increased i bag of dd aeprose us,
tcYr ntherewere 10 ears 400 In a recent report to the City 2'692 tons by December despite IfyouwaattoactwHyDroaecule
Y percent over a year and a half,' In Env' cola! Y the fact that the city added 60,000 somebody far largo-scab thdl of
�.`. Je said.`Municipal- Collet said.-Webavelockable bins and Waste Man eme°t CoQmmi y new households to the oegWma
is a,. .ng it, businesses are that have meW ban and chain Jnt1 reCYdaWi�4rrou10
oing it.You can just see a lot more and we arc broken into constantly that sanitation lostcials estimated lon December. en Scptettlpef and ICot off stsiv 1 laae�a at great
rureesofthese materials out there Weget People who have driveninlo newspapers By far the largest problem we �D= "I
valued at more than have identified is that of M01,111 Wed YiliftjDM"
f'j�,i� f..�`• t��i���i'+��.�'ir ;mil' :r..:+;t-t��e"�• `F;.
.Y• f _ .•..�Y.Zqw1.'.��-: ►�•'•�x,�{.'i�<'. {'.'Y'..y;=r� fit.
POO
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is � � ..��.�• •# ••�
•i• y• ,•.•.,sue_• � � �
• • 1 111 • • : :.
c
� • � • • 1 111 • 1 111 •• • • • � f
fi-
M
i
Scavengers (Owd
In sonic 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 r
city of San Diego, for example, has been hit particularly pocket,'" Nash says. 'But I 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." 7
$17,370 to replace,according to statistics provided by San
Diego's Environmental Services Department. "People Stealing or surviving2 1
become annoyed when they see[scavengers)going down _ Tf
in station wagolu picking up the materials they've sorted," considerations thatfcanloomplicate the puesent other
says Maureen Dixon,recyrluig specialist for the City ofSan 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
ers)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.
Residents don't want to deprive them of a few cans that
Addressing the issue of curbside theft is difficult for will pay to put food in their mouth,"Nash says.
several reasons.One of the most troublesome is the fact 1
"The homeless scavenging is a relatively small per-
. that incidences of scavenging are often sporadic, ten MY
making cage•They've gotten a bad rap'on that, Dixon says, y
it hard for haulers and police to identify and catch poach.: .adding that the Parity for San Diego is apprehending the
ens.Several states and cities have placed an ' - o
ordinances on the �g �.' hued scavengers,even though,bylaw,all perpea a_ �e
books,but the problem still pmists.Rely. tors must be treated the same.
idents who see poachers often will report-them to the _.!�c :?Irt some cases,the homeless a
Police,but by the time a law enforcer ient officer telly provide a service
arrives` 'to accordin
on to.Carl
the seen it Hultbe
e, the perpetrators are usually gone,'Unfor "the.Village g President of
Green Re in
curtest Team
� ,calls lilac - � (New York '
dies g. M City),
clY t et t
- g pushed to the bottom ofthebar-:-. communi y), a
rel,"Nash says, ty-based recycling center that organizes home-
less individuals to help collect recyclables.The homeless
"The actual scavenging has to be witnessed,"Dixon !are doing us a favor—an essential duty," Hul mar
adds. "So instead of citations, , the
tion s, [code offi- 'They're not the type that will slash bags open and]ave Frer
tees]issue a lot of warnings.' a mess.We have a huge mass of recyclables that need sort erg:
In fact, at least one company, Serio-Us Industries, in&and...we have a large mass of disadvantaged clier
Inc(Hanover,Md.),sells locks for recycling containers to who are looking for something to do, he adds, people
Prevent poaching.
However, the ill aspects of scavenging According to Hultberg, the homeless collect cans thrc
pe ging are not primarily off the street,though he admits that they may kno
limited to the loss of revenues.In some cases,scavenging extract cans from curbside containers."We would encour-
incidences have threatened the personal safety of the age a large[apartment)building to separate its deposit con
drivers."Our drivers can't act as police,"Hall says."There tainers and have the homeless pick them up," says asp
have been a couple of situations where[the scaven is k
)have Marcia Bysu yn,assistant commissioner for the Bureau of
gotten aggressive,and it makes it unsafe for our drivers." Waste Reduction,Reuse,and Recycling for the city of New 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
and Solana Recyclers promote anti-scavenging tactics in issue. We don't want the garbage left all over." offs
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 scav the etc
enging—like wait until the morning to put their materials few tenets for f verger that pilfers curbsides, not to get a set
out,and to report license numbers if they e a pickup food,but to make a living.Unlike the home net
�' 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 trucks that we're really concerned about," Dixon says. put
(which has lesser market value)on top of the bin that holds
Elie Tnorr sought-after aluminum, plastic,and lass. "We Were experiencing [illegal) businesses going arc
g down the alley emptying our recycling containers into the
inc
76 WASTE AGE t;P1:;.act 1994
Scavengers (owd
back of their truck," explains Wanda Wildman, solid seeing;once theft of glass when the price was up," Nash
V:aste management inspections administrator for the city adds. Resides nuaui et Value,celtvn kinds of legislation also
of Phoenix. nuaV 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 truck taking the stuff, they get upset,'• recent lice in curbside collection programs reportedly have
Solana's Nash says. "Then think, 'I'm the one sorting made scavenging a more lucrative practice in the suite.
this stuff and the revenue is paving for the recycling of it.' Though seVeral other states have implemented"bottle bill"
\,1'hat"s reall frustrating is that they're taking the cull- leglslat'011, California is the only state in which the con-
tainers as well.- tainers can be redeemed not only for the deposit,bu( for
the scrap value as well, Nash says.
Hot commodities In July,the Value of aluminum was about 80 cents per
Other factors exacei-bate the scavenging problem,fur- pound,while the"California Refund Value"was approx-
then flust-ating haulers and recyclers. While the news of inlately 67 cents per pound."The scrap value is less than
improved markets for recyclables 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. "]t's safe to say that peo- oral public," Dixon says.
pie will go with what has the most Value,"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 hard hit,ur have no quantification of that,"says Pamela
i
Scavengers(on1d.
REC.
FaC
F.Morris,public affairs officer for California's Department allow a volunteer to give a course to a group of scav-
of Conservation.
Though a total of six states in the Northeast have engers so that they can form a[recycling]co-op."
implemented bottle bills, scavenging has not been as also will help scavenger's—who health and safety the maters-
much of a problem as it has been in California."I'm sure als anyway—to cultivate their activities into type of busi-
it happens,but it's just not that widespread,"says Michael ness so as to obtain better prices for the materials. -Peo-ple Alexander, policy analyst for the Northeast Recycling pre have lost their jobs,and the idea of the comp-..is to get
Council (Brattleboro, VE.). "I think it has more to do these people to get some self-esteem,self-awareness.The
avith tfle 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 is about$80 per month(in BaD1),"Wells says
and still had the deposit value, you'd probably still have
a problem [in California]," empre contends that the municipally run progarns
t he adds. "work far better when integrated with street scavengers and
If m
you can't beat 'e , eon 'em informal scrap dealers because it reduces their costs,"
In South America,scavenging is viewed quite differ- organization. A cooperative in SaorPaulo, the world's by the
entry than in the U.S."Scavenging is the basis of recycling second I
in the third world,"explains Christopher Wells,executive are making a living Off of the rab es0they collect
approximately people who
director of Cempre, a not-for-profit, private-sector asso- from the streets.
elation that promotes integrated waste management in "It is something the U.S.could start thinking about,"
t; Brazil. "We are putting out an educational kit that would Wells adds. 1
I
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MODEL ORDINANCE
ANTI-SCAVENGING
Assembly Bill No.3717 Ch. 1475
(c) The physical separation of recyclable material from other
CHAPTER 1473 waste matenal
SEC. 4. article 7 'commencing with Section 66761) 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 lcommencing%with Section 667611 to Chapter 1 of Title 7.3
of. the Government Code,relating to recyclable materials. Article 7. Unauthorized Collection of Recyclable M itenals
(Approved by Co%error Septrinber 37.15tL� riled wash 66761. No person, other than the authorized recycling scent.
lettet.ry of State ptember 73.19611 shall remove '
paper,glass.cardboard,plastic,used motor oil'
LECiSUMVE COUNSELS DIGEST 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 re•cyciing. No
recyclable matenals from a designated collection location. Person shall be subject to an action for a %ioLttion 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 specified, 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 rnatenals.
matenaL u defined,for the purposes of recycling and placed at the 66762 Unless otherwise provided by contract. paper. glass.
designated collection location.as defined in the bill. cardboard• plastics. used motor oil, ferrous metal. aluminum, uid
The bill would authorize a court to award treble damages to an other waste materials, which are segregated for the purposes of
authorized recycling agent in specified civil actions. recycling•and placed at the desigrated collection location.inay not
be removed by anyone other than the authorized collection agent ui
The people of the State of GtGYornia do enact u follows. the local governing body or pnyate commercul entity.
66763. Nothing m this article shall bleat the right of the individual
SECTION 1. Section 667105 is added to the Covenment Code.to, 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 an authorized recycling agent
local governing body or private commercial entity authorizes or , against a person alleged to have violated Section 66761,the co`ur't mi%-
contracts with to collect its recyclable waste rnatertaL An authorized allow treble damages against the unauthorized person removing the
recycling agency may be a municipal collection senice, private recyclable material u measured by the value of the matenal
1 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 66713.3 is added to the Covernment Code, to agency to enact or enforce regulations or ordinances on the same
read: matters.
66713.3. "Designated collection location'means the place wherie
an authorized recycling agent has contracted with either the local
governing body or a prnate 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:
667185. "Segregated from other waste material- means any of
the foilowvtg:
tai The placement of recyclable materials in separate containers.
ib) The binding of recyclable matcnal separately from the other
waste material.
SOURCE: STATE OF CALIFORNIA. DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING
ri<
ty of Anahietn
WASTE COLLECTION ANM'DISPOSAL 10.10.020-10.10.030
.050 "Contractor" shall mean any I0A0.020 'SUPERVISION OF
person, persons, firm 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 lor'tHe collection and disposal of solid
tenance Services Director of the Maintenance waste from residential, commercial and industrial
Services Department, or the designated repre- establishments'within the City either by private
sentative thereof, contracl'for '`such collection and disposal or by
.070 "Garbage"shall mean all animal such :other rr{ethods as authorized by the City
C 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 ergPloyees, or Contractors and their
I vegetable matter that attends the preparation, duly authorized agents and employees shall have
I consumption, decay, dealings in or storage of the exclusive'nght to gather, collect and dispose-
meats, fish, fruits, vegetables, tallow, bones or of solid waste' fiom 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 U'n'lawful for any persons other than
.080 'Medical Waste" shall mean any those in the;�,i;"ing sentence to gather,collect
waste incidental to, and resulting from, the or dispose'of'�olid waste from any premises in
operation of any hospital, medical clinic, the pity';,piovided, however, that the occupant
doctor's office,or residential sickroom. of any'residitnt`pl 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 `17.030 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 other'w'ise 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 .010 Reusable solid waste containers
be a single-family residence, duplex, triplex, shall be made from galvanized steel, durable
apartment or mobile home. plastic or other material approved by the
.120 "Solid Waste" shall mean 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,
dead animals, discarded motor vehicles or Total capacity of said containers shall not be
maj less than ZO gallons nor more than forty gallons,
or components thereof, or any bulky or
Irea and the combined weight of each container and
vy 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 Ill's Chapter. cut, altered or trimmed to meet the size limita-
(Ord. 3907 § 2 (part); September 5, 1978.Ord. tions of this Section shall not be permitted.
4749 § 1 ; August 26, 1986.)
7tt? (A hi ,m 12 97)
19095916829
CITY of CHINO Fax:19095916829 mar 27 '95 10:56 P.01/Or
7671 Caw �-` y mopes
Post-it-Fax Note from tl
Co.
co r000, gt-�EnN'— t - ;0 ti Z
°1100 d
California Government Code prohibits unauthorized personsfrom removing separated recyclabk, '
materials from designated collection locations. The City of Chino, on February S, 1994.3 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.
13220 CcatrO Avcava.M26. C011101n1c 91710
LA MciluS Addrycc f 0 901 667. &nv. Cclltorm 91705.0667
("9)617.7577 • (M)591.6529 Fa:
CITY of CHINO Fax:190959168?9 �
Mar 27 10:58 P.Cx�,U7
FUSE couzcn(
8-16-M Collection charges--•Other rortns or
rubbish or refuse 8.16.15C olatiotr--p�,,,y
All forms of rubbish or refuse not included Any the provisions of
the terms of refuse as defined in Section 8.16.010 or and punished as deemd dry of a mi12.Oio n-
may be collected by the city for such charges u the this code unless s Provided in Section 1.12.010 of
directorof public works or his authorized represent. specified differendy for particular
cove shalt aetenmtne as sections of this chanter. lord. 91•l § I � ,fir
reasonable. (Ord. 75-20 ¢ Ord. 75-20,f Of L 16, 1973: prior code } 12'16.)
1 S, 1975: prior code § 12.1 S.)
8.16.100 Refuse collection charges--- 8-16.160 Ownership and dis
NonpaymenL
and recyclables. potion of waste
Failure to pay the charges for refuse collection A. No person stall collect refuse within the city
within thirty days after the mailing of the bills without a written permiL which permit shall be
therefor is declared to be a misdemeanor. (Oro• is ed only on vote of the city council and may
75-20 § 14, 1975: prior code § 12-14.) revoked for failure to comply with tilt
health and sanitary, regul ations for the city or
for good cause.
8.16.110 Accumulation of waste matter upon B. The city rem' and hereafter shall retain, the
Private proPemY—Removal. exclusive authority over the
In the event of the accumulation of waste disposition of all refuse °OOec jan the
generated witihin the
matter upon any private property• the director of city including the time, place and manner of
public works or his authorized representative is such collection and disposal.
authorized to order the removal of same u C' 'nhe city council tray require each
payment of a service fee therefor in an amount Persola or enti and every
ty laving a permit or contract for
equal to the cost of such removal. (Ord. 75-20 110. ft collection and/or disposal of the fetus
1975: prior code § 12-10.) getherated within the city
rcluse at a site selected to dispose of such
led and designated by the
city council.
8.16.120 Inspection of premises• D. Garbage and other containerized waste &hall
The health officer shall visit all premises within
remain � pfOp`m' of the generator until the
the corporate limits of the city fmm time to time to Material is removed from the container by the
examine the sanitary conditions of such premises h' or the city's authorized contractor. Yard
dctcrmine wthcther the provisions of this chapter to rcfu$C waste, tuhlen l� of a recycling
being complied with (Ord. 75-20 § 11, 1975: prior _ perorhentor Perry of the
code § 12-11.) g the material is collected by the
city or the city's authorized ax1nctor. Any
r yclables placed at the curb as part of a
8.16.130 Burning refuse or agricultural solid ��g Program shall become the
waste, the city or the City's au �°ixm' le of
collector at the time of chotized recyclable
No refuse or agricultural solid waste shall be E. P�Cemuht at tfhe curb.
burned within the city limits. (Ord. 7S•2Q 4, The city or its duly authorized agent shall have
1975: prior code § 12-4.) § the exclusive right to gather and collect
garbage, Yard refuse. recyclables and other
waste matoer within the city. It shall be
8.16.140 Dumping or burying refuse or wane, w-dawful for arty Person, except as otherwise
No person stall place in any water or waterway Provided in this chapter, to collect Or gather
Or dump or bury in any lot. land. strew, or alit garbage. wam matter or nxYctables within the
within the city limits any refuse or nuisance w� city and violation thereof stall be deemed an
(Ord. 75-20 § 2, 1975: prior code § 12-2.) and �i� as vi
1.12.010 f this code. (Ord. 1-1 m Section
199MOrd. 88-2 12. 1988.) § 1 (part).
183
IC%.9.0 t.
8. 08 . 095 Recycling. In those areas of the city where
re-cycling service is provided by the city , recyclable mate-
rials m---y be placed at the curb , or where allev collection
°rp"1'-'-e, at the allev , on the day established by the
coi '_zction , or the night be =ers . ROcycl---ble
r l'
' 2C?C 1P. COGt° 1"Cr5 Jr un•=_gin ; ! ?C:,_Or
`�-_7 ru_ - --
s -Joczed by resolution o� the c'_ counci' d
0-"e C-ther t:.-ie owner Of the recyclable ...2ter:als ,
their authorized agents , may r-move or ip.ter-
2r` rec-,cla::._e materials placed for cellection. Each
`O1aticn ci this coda section shall be an infraction. (Ord.
S2 , 1582) .
�I
CITr of
(Claremont 8/84)
10
CO)
GARDEN GROVE SANITARY DISTRICT
i Section 10: No person, persons, entity or corporation other titan the
t 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 Carden Crove Sanitary District to
prevent the existence and accnmtaation of garbage, refuse or cuttings upon ally
pri.vate premLses or all any public place. In order to promote such p(illcy n
violation of any section under this Cener.al Regulation Ordinance shall be a
misdemeanor and shall be punishable by fine not to exceed one thousand dollars
01,000-00) , imprisonment not to exceed six (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 with the
reFnlations as set forth herein.
I
Los a e
s
i
ChM.Arl.6 PI411.IC PROPURTY ¢66,25
I
SEC. 66.25. DEPOSITING N(INCO MBUSTIBLE 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 grourxl after the person proposing so to deposit the same shall have
obtained a written permit there I'M 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 lime without notice, and upon such revocation all rights
thereunder shall immediately erase.
SEC. 66.26. CLEANING 11111MISII V GIIICLES.
No person shall convey :iny 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 RF GULATIONS— EFFECT OF NON.
COMPLIANCE WITH.
(Amended by Ord. No. 124,024, Eff. 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.
SEC. 66.28. REFUSE— RUBBISH AND SALVAGE—TAMPERING
WITH.
(Antended by Ord. No. 146.705, EFT. 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 with 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 Iocalion where the same had been placed by the
owner thereof or his agent. whether or not such container conforms to re-
quirements or description set forth in the rules and regulations of the Board of
Public Works.
I
RECEIVED C6-233 (Rev.No.48- 1"3)
MAR 3 0 1995
PUBLIC SERVICES
S IN DIEGO AIUNICIPALCODE §66.0405
chapter, nor sl a conviction for such violation
DI'V'ISION 4 exempt anypersun from a civil action brought byan
Collection of Recyclable Materials authorized recycling contractor or the City.
(Added 3-6-89 by 0-17258 N.S.)
§ 66.0401 Ownership of Recyclable Waste
Material
Once recyclable caste 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 tnateria! shall b,.come the property of
the City of San Diego or its authorized agent.
(Added 3-6-89 by 0.17258 N.S.)
§ 66.0402 Unauthorized Collection PLmhi-
bited
Durir:g the N-enty-four (24) hour period com-
mencing at 6:00 pin. 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%iolation
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 0-17258 N.S.)
§ 66.0403' Right of Indzvidual to Dispose of
Recyclable Waste Material
Nothing in this Article shall limit the right of an
individual person, organization or other entity to
donate,sell or otherwise dispose of recyclablewmte
materiA provided that any such disposal is in ac-
cordance with the provisions of this chapter or of
other 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 shall 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 0-17268 N.S.)
§ 66.0405 Civil Action by Authorized Recy-
cling Cvntrictor or City
Nothing in this Division shall be deemed to limit
the right of an authorized agent or the City to bring a
civg action against any person who violates this
MC 6-212.51
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MNP-27-199` 15: 38 FRO►L11Y6 ft�A T-&Mf 1diGMT. TO 190938.3`_•;90 P.02
ORDINANCE NO. 4817
UL J
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 be unlawful, it shall be a misdemeanor. Unless a specific
penalty is provided, any person convicted of such misdemeanor
shall be punfifed by a fine not exceeding five hundred dollars
or impriaonmcnt for a term not exceeding six months or by both
such fine and imprisonmeac.
(b) A violation of any provision of Chapter 27 of this
Cude and of any Frvv13iQn 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
i
within one yea:;
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
business 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, thar 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.
NPR-27-1995 15: 39 FRfDtl INTEGPATED WASTE MGMT. TO 1909'M45190 P-03
ORDINANCE N0. 4818
` SECTTON 24-32
Tampering with prohibited
No person shall tamper or meddle with any refuse receptacle.
No person other than the owner thereof, his agont6 or employees,
or the City, or a licensed refuse collector shall remove the
contents from any refuse receptacle. No person, other than
the City or the City's authorized agent, 6hall Lemove recyclable
materials which have been segregated from other wastes and placed
at a designated collection location for the purpose of collection
and recycling by the City or the City'b authorized agent.
AV
ORDINANCE, NO. 89-D6
2 AN ORDINANCE OF THE ALBANY CITY COUNCIL ESTABLISHING ANTI-
SCAVENGER PROVISIONS RELATING TO OWNERSHIP OF RECYCLABLE
MATERIAL, MOLUTHORI ZED COLLECTION OF RECYCLABLE mATERIAL,
OWNERSHIP AND UNAUTHORIZED REMOVAL OF APPROM 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 recycl:no
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
19 pursuit and prosecution of those caught stealing recycling
15 buckets and recyclable materials; and
15 WtEFRAS, the City Council has reviewed this matter on
17 March 12, 1989;
181 THE COUNCIL OF THE CITY OF ALBANY DOES ORDAIN AS
10. FOLLOWS:
20 Section 1. That Albany City Code Chapter 15-3 be
21
entitled to read Anti-Scavenger Ordinance.
22
23 Section 2. That Sections 15-3.1 through 15-3.6 be
29 added to read:
25 15-3.1 Definitions. As used in this section:
26
27
28
1 Approved 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
10
recyclable materials within the City limits.
11
12 Recyclable Material-- shall mean material such as, but
_
.�, 13 nct limited to, newspapers, glass, metal and aluminum cans,
14 plastic bottles, corrugated cardboard and used motor oil
15 which are separated from other garbage or refuse for the
10 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
23 authorized recycling contractor becomes the property of the
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
9 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 burn,
10
ll
break, destroy, scatter, scavenge, collect or take any
12 recyclable materials without the consent of the resident of
13 the premises or the authorized recycling contractor.
14 15-3.5 Approved Recyclinq Containers- Ownership and
15 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
19 any approved recycling container from the curbside.
20 15-3. 6 Right of Individual to Dispose pos• of Recyclable
21
22 Material. Nothing in this Ordinance shall limit the right
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
i
1 15-3.7 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 part of this section shall be an infraction or misdemeaner
10
pursuant to Section 1-9 of the Albany City Co::e.
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
1G, 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, • section s, subsections, paragraphs, sentences,
22
clauses or phrases are declared to be invalid or
23
unconstitutional.
24
25 section 4. Publication. This Ordinance shall be
26 published in a newspaper of general circulation within the
27
I
l City cf Albany, which said newspaper is designated fcr 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
7
8 ward J. McManus, Mayor
9
10
11
12
13
14
15
,oil
l7
I8II
19
20
21
22
23
24
25
26
27
28
* 1000 LAN PABLO AVE. ALBANY.CALIF.E4706 TELE►HONE IAMI C 528-5720
JACQUELINE L,BUCHOLZ
i CIT• CLANK
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-�� five; that the
foregoing Ordinance, being Ordinance No. , was passed
and adopted by the said City Council , approve 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 19gQ�A.D. , and that the same was so
passed and adopted by the fo wing 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
B L
ty , rk
X85 290 lty of Santa Monica
of Occupari y.Requests for refunds shall be made oii forms the recyclable materials)for which the container is specia-
pcvvided by the Director of General Scrvioxs.(Prior code tally designated.
§ 5228) (g) The Santa Monica Recycling Program is a service
offered to the citizens of Santa Monica by the City. No
5.08.300 lnterferLOCe with collection. person,indudntg any owners,manager,or authorized agent
No person unauthorized by the City or by the owner 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 refwe placed in said container or bundled for (h) No person unuuthorized by the(migg of a recydabk
° collection by the City.All such refuse placed for collection material container shall move or rcmwc said container
by City employees shall be the property of the City of Santa cull 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 Accounting system. collection by City crows on designated recycling collection
The Witiez Division as collection agency for the days. No person shall remove recyclable materials from
Department of Gem ral Services shall irgtitute and maintain apocially dcsignatod 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 regclabk materials and all such recyclable materials
records of all of its operations for which service charges shall be the property of the City of Santa Monica.(Prior
are billed agai A users of the servdcc heroin contemplated. code 1 5231)
(Prior code 1 5230)
5.08330 Water line contamination.
5411320 Recyclable materials. (a) No person shall connect,cross-connect,maintain,
Notwithstanding any other provisions of this Chapter, or install any device,mceptade,fixture,tank,or any other
the following regulations shall apply to the collection of form of installation in any building or on any premises,
recydable materials: which is connected to any water line, pipe, or conduit,
(a) The Director 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 consu nption,if the plan,arrangement,connection,
be collected The Director's discretion shall be based upon maintenance,or installation is such as to make posatble
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 any kind or natum whatso-
(b) The Director of Gcncral Services is authorized to ever. (Prior code f 5232)
establish such recyclable materials collection routes on
such days of the week and at such hours of the day as 5.08340 Damp grounds.
deemed necessary to serve the best interests of the City. (a) No pawn shall pemn t any promises owned,oca:-
Tn no event shall recyclable materials be deposited in fiq pied,nr controlled by him or her within the City to be
controlled community colkdi n ogntainsiLlocatcd on used for the throwing,dumping,or depositing of garbage,
pub property ore?:00 am. or after 8:00 P.M refuse,waste matter, or other offensive matter.
(c) The Director of General Services is authorized to (b) No person shall trespass or go upon the land or
establish the location of recyclable 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
interests of the City.The location determined by the Dime- 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 # 57-33)
the public alley or street more than four(4) feet.
(d) Upon the consent of the ovmer or authorized agent 5.08.350 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 fumished or other public meeting place shall comply in design,
by the City shall be and remain the property of the City. application,and operation with the following specificationt:
(e) Containers for recyclable materials may be different (a) 111e source of water supply and the orifices from
(rum containers fur uuntuycluble motet ials and nnay 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.
shall the accumulation of recyclable materials be allowed (b) Thc 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,
the right to place identification marls on recyclable niate.rial or nose of the drinker cannot fall on or return to the
containers at its own expense. urifices from which the water flows.
(f) No person shall deposit in or place upon or around (c) The fountnin or drinking device must be of such
la any recyclable material container any material other than design that under normal water pressure the drinker may
160
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8 . 28 . 070 Collection by City. 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 caste accumulated in the City.
B. Exception . ribs section shall not prohibiL- the
actual producers of solid waste or the oL,,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 lac•, 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 substanciate 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 . 28 . 155 '1'z;mprrinq with Garbage or Ite_use . 1d0 person,
00Wr Zilcll C.'1.2 ov:'ner LhereoE, his ac,`ats employees, an
officet Or employee of the City or i11: auLhZ)rized refuse
t_rnitra::�or shall enter, tamper, or rl,ee,ile ::iuh any garbage
O1' or t11e (:nnla?llL:i :?tt"1,.7: or remove the
'�,�!I! ., ':tl�' furls is nt11..� 1.11 '1" c)I" Y�.i::.:•.'�: .. 5UC'I1 container
1 1 •N.. t ! ! !,7 1 ,;Ill!I'.: I . ! t
il•: ..:11•t,f 1.. I... . .?��t�u III.:Co
cl ley
I I,.• r.... •I 1.7, :1 ',1; X11 I11 :, •f1.:111 1 ��: .. I :.. : ,:'Ilv l.Ilt:
Of- 1101,
•'1• I. .. .:1•'I .'1.'1111111/:: I_.1 I I1,: 1 .•.II!•1 •'I:1••:1: .• • !1): .�1 111
SAN BERNARDINO COUNTY
SOLID WASTE -W=GEMENT -
' Axtic)e 1 '
- - GENERALLY
Section
' ....:)'!.mil:r 1: .. �-- .1 .•C:. .. . �
41960 L'nAiithoiSsed ova]a iocydaNe a}�' " 44If1d35 . fl�eWe daaia'ges'or a
r t • ,t ~"'�7 L . -* • iensoiral of able mat�riati.
r•.
` 1664. "-Qrdirtaneea and regulnnonS aut}writy Of
41951. 7fetnovnl, aegiegsted �+asta matviari.
4 1862. I1lspoaal of recyclable inateriaL. agendet.
• ... . <19b5. Purrshment .�,.
Ii >itadf'xi cf Art".I.igod:addgd by SW&J990, p 146Y
Lam- Review Contmatti+►t,es r� .. .• ..-."•���=
Review of t•lectad 1882 Califwmu lagiakilon. tl Pat.
L.7.o0G 04fi0)• .,
_ t {lY�.;ttlAtti170tih0ar v oftrcry�labl cm.
Lal No person, other than the authorised rocycHitg agent-of the city or county, snap remove paper,
cs_-dboard. plaatio, ' 4&-aw4c va firrour metal, sli urdnuan, or other regClable auteriala- 106-h
Lave been segregated from solid waste materials and placed at a dedgmted collection locadoft'7for
residential curbside co&oLd6n prop rams autbog-1zQd by Ph city;county,or local ai,mr c for the ptrpoOe of
co ectfon and recy&nng.
b� ;Jo person &W be subject to an aetion for a violation of tlut section. uram the person leave, or.
reasonably should know, that the materials would otherwise be.collected by tlw aadicrized reoyoling
agent for residential eurbidde coDection s'rams aathorired b� a city, county, or local aReney for the
purpose of recycling the materials.
c Fran the time the recyclable materials a in subdivision a are aced for coDectdon at
curbside, for a midential earbsi a pollee on proCrsnn an zed by a city eoanrv,or lav agency, the
4 ragc)able materials are the property of the authorized neyttirtp agent.- -
(Added by Stata 19K a 1095, f 22 Amended by Stata.1991,c.420(A..B,17M). 1 1.) .4 t 4 1�.
AddMon*-or ahan06A.lndiaated by undorllrie; dolstlons.by atter)sks • •!.
0 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, #
identified him/her as which
b i r t h of with a date of
of and a home address
identification purposes, Mr. /Ms. For
permission to take his/her right thumb print and photograph. me
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
the violation listed in this report. ' 1994 at 9:00 a.m. for
Code Enforcement Officer #
Doc #
CST•OF eAN GIEOO
WASTE MANAGEMENT DEPARTMENT
LITTER COIYTAOI 0IVI$1014
S.K ,
NOTICE OIF 'VIOLATION �
0AT E
NAME
1
I
ADOACM
PP06LEM LpCAnoN
You are hereby notified that you are in violation of.
• � m
® Municipal Code.Set.
` Q code,See-
The provisions of the above•mendoned ordinance must beicomplied li with in the
following manner. During the twPntY fair (24) hour P� rl9
at 6.00 p.m. on any day preceding a day designated for collection of
recyclable waste material, no person, other than a City of San Diego
erployee or its authorized agent, shall reoyve recyclable waste material
from a designated container Wiich has been placed at a designated
recycling collection location.
Failure to comply prior to will subject you to the
action authorized by law.
T"MloNE No:
Ln-r1 R COHTA0L INSPECTOR
Rey cue Garden Groue 1995
JANUARY FEBRUARY MARCH
APRIL
EG C 1 2 7 4 5 6 7 1 2 7 4 1 2 3 4 M M' T f
6 �14 511 S (• 11 2 fA�-tra.-��t
IS 1617 tt 192011 1213141S1i1711 1I131415161714 0 101112131 5
+ 714—23 8 —3300 �2ai 262721 /9 25 '6°°022
�1 29307/ 242)2/ 26272/293071 23242526272,29
30
GARDEN GROVE DISPOSAL INC. MAY JUNE JULY AucusT
M W M T W T f W W T f
�i ®3 1 1 2 3 4 S
--- N 0 T I C 7 i 9®20113 17 4 1 10 2 3 . 5 6 , 1 6 �,2
14 X17 ' '�' 15 1314131617L6t9
21 22 27 24 25 26 27 U19202t222724 /61,U19202122 2026
_ ' 24 2S 23 29 :72,293031
�� DO NOT TAKE MATERIALS FROM THIS CONTAINER! SEPTEMBER OCTOBER NOVEMBER DECEMBER
= FAVOR DE NO SACAR MATERIALES DE ESTE RECIPIENTEI 2 M T W T f S s M T w T f S S M T W T F S
1 2 1�7 ®4 [I2
_ 3 9 , 9 101/121314 5 6 7 , 9 1011 3 4 5 6 7 , 9
t0 11 12 17 14 1s16 13Q�21 121, 10Q�t6
..... Garden Grove Sanitary District Ordinance ( lion ltl „
1 �m23 222324 2526 2728 19202122232425 17161920212223
�rohll)It$Tamp ring with Refuge 24 25 24 2728 2930 22M 26� 21 30
Rt ort all violations to Garden Grove anita[y District PLACE o� TRASH DAY rl RED
(714) 534-3943 WEEKS. CONTAINERS MUST BE REMOVED FROM PUBLIC VIEW
BY 12:00 MIDNIGHT OF COLLECTION DAY PER CITY CODE
t
C-,
u
1
DO NOT TAKE MATERIALS FROM THIS CONTAINER
AUTHORITY: FAVOR DE NO SACAR MATERIALES DE ESTE RECIPIENTE
PW SEMKM a a.oao PF0INAWX 9o-o-u41 —
f*ofc k"170lfws by a nowc rw -PLACIENnA MUNICIPAL CODE
hojd++p wntalntrs by oMe.Q1u1 e►a a1,.ner
4m f-ow-;nm an P—«'t»it"L PROHIBM TAMPERING WITH REFUSE-
STATE OF CALFORNK Pum-c RESOURCES
OOOE Sr:CTt N•'M Report Violations to P7amatia Pofiice Departmeet-993-8164
TN Cky it Autexuod by Srou,Cods o.e.k
°"i•`dwc*m*ne°`v""twrizodnrnmIot Questions? eallEavironmeotatPlanoiog-943-8120
+ecyclabk rrwwri Lts vW o wtreble ek tre darn".
eITY of PLAC,5A3TIA
ORAJUE WITH BLj►c1-Pv-jNT -
LEGAL REMEDIES FOR SCAVENGING
BY DAVID DE BERRY
ASSISTANT CITY ATTORNEY CITY OF ORANGE
A. LAWS MAKING SCAVENGING
AC
CRIME
1. State Law Public Resources Code Section 41950 et sea.
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 ggre 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 diredtly 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