Banning Municipal Code Ch. 5.32 Junk Dealers and Recyclers

For purposes of this chapter, the following definitions shall apply:

All terms used herein shall be as defined in Section 21600 et seq. of the California Business and Professions Code except as otherwise specifically indicated.

"Building materials" means:

1. Parts or completed assemblies that originally served or were designed or manufactured as windows, window frames, sashes, doors, door jambs; and

2. Pipes of less than twenty feet in length, water heaters, appliances; and

3. Electrical wiring, electrical fixtures, ventilation turbines, heating and/or cooling units; and

4. Aluminum ladders; and

5. All like and similar materials.

(Code 1965, § 11-58.)

A. At any time that a junk dealer or recycler, or any officer, agent or employee thereof, in the City of Banning shall purchase any building materials, in addition to complying with all other provisions of law, that junk dealer or recycler or officer, agent or employee shall maintain such building materials in the condition in which it was received by them for a period of forty-eight hours following the time of purchase.

B. The building materials held pursuant to subsection A of this section shall be tagged with a form setting forth the name, and a photocopy of a valid driver's license or California-issued identification card of the seller and, the signed statement of the junk dealer or recycler that he or she examined the identification and that the picture contained thereon is the picture of the seller. The tag shall also include a vehicle license number, including the state of issue of any motor vehicle used in transporting the building materials. If the building materials were not transported by motor vehicle, the manner of transport shall be indicated. The tag shall also include a statement signed by the junk dealer or recycler that the seller is the owner of the building materials and/or the name of the person the seller obtained the building materials from as shown on a signed transfer document. Such tag shall also include the date and time of the purchase by the recycler or junk dealer.

C. Building material held pursuant to subsections A and B of this section shall be viewed, on demand, by any person claiming an interest in the ownership of such building material and/or any person authorized by the City of Banning to enforce California Business and Professions Code Section 21600 et seq. at any time during the regular business hours of the junk dealer or recycler.

(Code 1965, § 11-59.)

Each junk dealer and recycler shall report at least once each calendar quarter the tonnage of material recycled from addresses in the City of Banning. Location shall be determined from the information set forth in the tags required by Section 5.32.020 of this chapter. The information shall be reported to the city manager or his designee.

(Code 1965, § 11-60.)

A. A first violation of this chapter shall constitute an infraction punishable by a fine not to exceed fifty dollars.

B. A second violation of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars.

C. A third violation of this chapter shall constitute an infraction punishable by a fine not to exceed two hundred fifty dollars.

D. A fourth violation of this chapter shall constitute a misdemeanor punishable by a fine not to exceed one thousand dollars or six months in jail or both.

E. Each purchase of building material in violation of this chapter shall constitute a separate violation hereunder.

(Code 1965, § 11-61.)

Appendix A.

Minimum Space Allocation Requirements for Recycling and Waste Containers.

* Note: Recommended minimum space allocation in single-unit residential buildings (not covered by this chapter) is 109 inches by 37 inches or sufficient space (in another configuration) for three side-by-side 60-gallon containers.

(Code 1965, Ch. 11, Appx. A)

Appendix B.

Collection Vehicle Clearance

The following chart shall be used to provide adequate space and access to recycling areas for collection vehicles.

* The greater vertical clearance, the smaller horizontal distance required.

(Code 1965, Ch. 11, Appx. B)