Chapter 6.41 — ORDINANCE PROHIBITING RECYCLING THEFT

This chapter may be cited as the "Ordinance Prohibiting Recycling Theft." Unless the particular context otherwise requires, the following definitions shall apply to this chapter:

"Authorized recycling agent" means a person, firm, partnership, corporation or other entity that a local governing body authorizes or contracts with to collect recyclable waste material. An authorized recycling agent may be a municipal collection service, private refuse hauler, private recycling enterprise, or nonprofit corporation or association.

"County" means the county of Alameda.

"Designated collection location" means the area where an authorized recycling agent has arranged with the local governing body to pick up or receive segregated recyclable material from residential premises.

"Local governing body" means the legislative body of the city, county, or special district which has authority to provide solid waste and recyclable material handling services.

"Recyclable materials" means newspapers, glass containers, aluminum, paper, glass, cardboard, plastic, used motor oil, and any other recyclable materials that have been segregated from solid waste materials and placed at the designated collection location for collection by the authorized recycling agent.

(Ord. No. 2012-14, 4-17-12; Ord. No. 2014-42, § 1, 11-4-14)

It shall be the duty of occupants of residential premises to place containers for collection of solid waste, yard waste and recyclable material, according to the rules and regulations of the authorized solid waste and recycling agents within the boundaries of the unincorporated territory of Alameda County.

A.

Placement of Containers. Any container used for the purpose of reception and removal of solid waste, yard waste or recyclable material shall be placed curbside in front of the premises (or in another designated area of the premises appropriate for residential collection) occupied by the person depositing the same, to be collected by the authorized solid waste and recycling agents within the boundaries of the unincorporated territory of Alameda County.

B.

Unauthorized Tampering of Containers. No person, firm or entity (other than the occupant placing recyclables for collection, or any employee of the authorized solid waste and recycling agents within the boundaries of the unincorporated territory of the county, or the local sanitary district's agent(s) shall move, remove, add materials to, tamper with or interfere with any recycling container or the contents thereof from any residential premises including, but not limited to, single family or multi-unit residential buildings.

(Ord. No. 2012-14, 4-17-12)

A.

Recyclable materials that have been placed in the designated collection location shall be the property of the authorized recycling agent.

B.

It is unlawful for any person, firm, or entity to collect or transport recyclable materials from residential recycling bins within the boundaries of the unincorporated territory of the county, unless such person is the authorized solid waste or authorized recycling agent. It also is unlawful for any person, firm, or entity to permit, allow or enter into any agreement for the collection or transportation of solid waste or recyclable materials that have been placed in the designated collection location with any person, firm or entity who is not the authorized solid waste or authorized recycling. This section shall not apply to the unincorporated territory of the county for which there is no authorized solid waste or recycling agent.

C.

Nothing in this chapter shall limit the right of an individual to donate, sell, or otherwise dispose of his or her recyclable materials.

(Ord. No. 2012-14, 4-17-12; Ord. No. 2014-42, § 2, 11-4-14)

A.

Any person, firm or entity that violates Section 6.41.020(B) shall be guilty of an infraction and subject to the following penalties:

1.

A fine not exceeding one hundred dollars ($100.00) for the first violation;

2.

A fine not exceeding two hundred dollars ($200.00) for a second violation of Section 6.41.020(B) within one year from date of the first violation;

3.

A fine not exceeding five hundred dollars ($500.00) for each additional violation of Section 6.41.020(B) within one year from the date of the first violation.

B.

It is unlawful and a misdemeanor for any person, firm, or entity to violate Section 6.41.020(B) four times within any five-year period, and violators may be prosecuted by the Alameda County district attorney's office in the name of the people of the state of California or redressed by civil action.

C.

Any person, firm or entity that violates Section 6.41.030(B) shall be guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding one thousand dollars ($1,000.00), by imprisonment in the county jail for a period not exceeding six months, or by both.

D.

The county and any prosecuting agency have discretion to charge a violation of Section 6.41.030(B) as an infraction. A person guilty of an infraction shall be subject to the following penalties:

1.

A fine not exceeding one hundred dollars ($100.00) for the first violation;

2.

A fine not exceeding two hundred dollars ($200.00) for a second violation within one year from date of the first violation;

3.

A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year from the date of the first violation.

E.

Any person who is arrested in the unincorporated territory of Alameda County for any violation of the provisions of this chapter and who is not immediately taken before a magistrate shall be cited by the arresting officer in the manner set forth in Chapter 1.08 of this code.

(Ord. No. 2012-14, 4-17-12; Ord. No. 2014-42, § 4, 11-4-14)

Editor's note— Ord. No. 2014-14, § 5, adopted November 4, 2014, repealed § 6.41.050, which pertained to appeal of administrative citation and derived from Ord. No. 2012-14, adopted April 17, 2012.

Editor's note— Ord. No. 2014-14, § 5, adopted November 4, 2014, repealed § 6.41.060, which pertained to appeal process to Superior Court and derived from Ord. No. 2012-14, adopted April 17, 2012.

Editor's note— Ord. No. 2014-14, § 5, adopted November 4, 2014, repealed § 6.41.070, which pertained to payment of the fine and derived from Ord. No. 2012-14, adopted April 17, 2012.