Sec. 15.4. - Interfering with solid waste placed for collection.

Recyclable materials placed at the curbside of residential, commercial, industrial, public, or quasi-public facilities or properties or placed for collection on residential, commercial, industrial, public, or quasi-public facilities or properties for pick up by the city's permittee shall become the property of the permittee at the time of placement in either the city's or permittee's recycling containers or otherwise set out for collection under the city's recycling program. Such materials shall be deemed discarded by a property owner or occupant at the time the material is placed in the container or otherwise set out for collection.

(Ord. No. 2023-01, § 3, 3-21-2023)

It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, or take any recyclable materials or garbage without the consent of the resident or occupant of a premises that place the recyclable materials out for collection or a permittee.

(Ord. No. 2023-01, § 3, 3-21-2023)

No person shall collect or transport recyclable materials or garbage within the city unless such person is a permittee of the city or is exempt in accordance with subsections (a) or (b) of this section. No person shall permit, allow, or enter into any agreement whatsoever for the collection of recyclable materials or garbage from any residential unit, commercial or industrial premises, or public or quasi-public facility with any person who is not a permittee as herein defined, except as permitted in subsections (a) or (b) of this section.

(a)

The collection and removal of grass clippings and shrubbery by individual residents, business owners, and by individuals doing business as professional landscapers/gardeners, when the collection is directly related to their work and having a valid business license issued by the City of Brawley, shall be exempt from the permit section.

(b)

The removal of recyclable materials or garbage from a residential, commercial, industrial, or public or quasi-public facility by the owner or occupant shall be exempt from this section.

(Ord. No. 2023-01, § 3, 3-21-2023)

Nothing in this section 15.4 shall be deemed to limit the right of an authorized permittee to bring civil action against any person who violates the foregoing sub-sections of this section 15.4, nor shall a conviction for such violation exempt any person from civil action brought by a city permittee.

(Ord. No. 2023-01, § 3, 3-21-2023)

Notwithstanding any other provision in the Brawley Municipal Code, and subject to the general penalty provided therein, each violation of the provisions of this article may be enforced alternatively as follows:

(a)

A violation of this section 15.4 may be punishable as a misdemeanor or an infraction at the discretion of the city attorney;

(b)

The city attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this section 15.4, as provided by law.

(Ord. No. 2023-01, § 3, 3-21-2023)