Albany Municipal Code § 15-3 Anti-Scavenger Ordinance

[Ord. #89-08, §§ 1, 2]

As used in this section:

APPROVED RECYCLING CONTAINER

Shall mean the bucket, bag, box or other container supplied by and/or identified by the City or the Authorized Recycling Contractor or the donor of such recyclable materials as the container into which recyclable materials shall be placed and which shall be located at the curbside.

AUTHORIZED RECYCLING CONTRACTOR

Shall mean a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the City to collect recyclable materials within the City limits.

RECYCLABLE MATERIAL

Shall mean material such as, but not limited to, newspapers, glass, metal and aluminum cans, plastic bottles, corrugated cardboard and used motor oil which are separated from other garbage or refuse for the purpose of recycling.

RECYCLING

Shall mean the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

[Ord. #89-08, §§ 1, 2]

Recyclable material placed at the curbside for collection by an authorized recycling contractor becomes the property of the authorized recycling contractor.

[Ord. #89-08, §§ 1, 2]

No person other than an authorized recycling contractor shall remove recyclable material which has been placed at the curbside. Any and each violation hereof from one (1) or more recycling collection locations shall constitute a separate and distinct offense punishable as provided in this section.

[Ord. #89-08, §§ 1, 2]

It shall be unlawful for any person to burn, break, destroy, scatter, scavenge, collect or take any recyclable materials without the consent of the resident of the premises or the authorized recycling contractor.

[Ord. #89-08, §§ 1, 2]

It shall be unlawful for a person other than:

a. The resident of the premises or his/her designee; or

b. The City; or

c. An authorized agent of the City; or

d. The authorized recycling contractor, to remove any approved recycling container from the curbside.

[Ord. #89-08, §§ 1, 2]

Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable material, provided that any such disposal is in accordance with the provisions of this chapter.

[Ord. #89-08, §§ 1, 2]

Nothing in this part shall be deemed to limit the right of the authorized recycling contractor to bring a civil action against any person who violates the above described sections of this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

[Ord. #89-08, §§ 1, 2]

Violation of any part of this section shall be an infraction or misdemeanor pursuant to Section 1-9 of the Albany Municipal Code.