Clayton Municipal Code Ch. 8.06 Collection of and Prohibition of Unauthorized Collection of Recyclable…

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Editor's note— Ord. 494, Exh. A, adopted June 7, 2022, amended Chapter 8.06 in its entirety to read as herein set out. Former Chapter 8.06, §§ 8.06.010—8.06.090, pertained to similar subject matter, and derived from Ord. 271, § 1, adopted in 1990.

A. "Authorized Recycling Contractor" means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the City to collect Recyclable Waste Material in the City.

B. "Designated Recycling Collection Location" means the place designated in the contract between the City and an Authorized Recycling Contractor from which the Authorized Recycling Contractor has contracted to collect Recyclable Waste Material.

C. "Recyclable Waste Material" means discarded materials such as, but not limited to, newspapers, glass, cardboard, plastic, ferrous metal, aluminum, tin cans, used motor oil, and other recyclable materials which are separated from other Solid Waste for the purpose of Recycling.

D. "Recycling" means the process of collecting and turning used products into new products by reprocessing or remanufacturing them.

(Ord. 496, Exh. A, 2022)

The City Council may enter into an agreement with any person, firm, partnership, corporation, or other entity, granting to such party the exclusive right and privilege of Collecting, processing, and marketing designated Recyclable Materials from designated Collection locations within the City limits upon such terms and conditions as the City Council may from time to time determine to be in the best interests of the City, and consistent with the provisions of state law and local ordinances. In the event such an agreement is made, it shall be unlawful for any other party other than the Authorized Recycling Contractor to collect, process, or market designated Recyclable Materials from designated Collection locations within the City limits. The City Council shall have the right to enter into separate agreements pertaining to the collection of designated Residential, Commercial and Construction Recyclable Materials.

(Ord. 496, Exh. A, 2022)

Pursuant to the provisions of California Government Code § 66755 et seq., the City Council has the power to determine the manner in which Recycling services are to be provided to residents and Businesses in the City. The City Council shall determine by resolution any reasonable fee to be imposed on and collected from residences and Businesses served by designated Recyclable Material Collection programs provided by the City or the City's Authorized Recycling Contractor and the manner in which that fee is to be collected. The City may contract with the County of Contra Costa Tax Collector to have any such fee collected by the tax collector along with other fees so collected.

(Ord. 496, Exh. A, 2022)

Upon the placement of Recyclable Waste Materials at a designated Recycling Collection location for Collection by an Authorized Recycling Contractor, the Recyclable Waste Material shall become the property of the Authorized Recycling Contractor.

(Ord. 496, Exh. A, 2022)

No Person, other than an Authorized Recycling Contractor, shall remove Recyclable Waste Material which has been placed at a designated Recycling Collection location. Any and each such Collection in violation hereof from one or more designated Recycling Collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.

(Ord. 496, Exh. A, 2022)

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

(Ord. 496, Exh. A, 2022)

Any person, firm, or corporation that violates or neglects to comply with any provisions of this chapter, or any regulation promulgated pursuant thereto shall upon conviction thereof be punishable by a fine not to exceed one thousand dollars ($1,000.00). Alternatively, a violation of this chapter may be cited as an infraction, punishable as set forth in Government Code § 36900(b).

(Ord. 496, Exh. A, 2022)

The City Code Enforcement Officer shall have the authority to enforce the provisions of this chapter. This authority shall be in addition to the authority granted to police officers pursuant to this chapter, or other State or local legislation.

(Ord. 496, Exh. A, 2022)

Nothing in this chapter shall be deemed to limit the right of an Authorized Recycling Contractor to bring a civil action against any person who violates any provision of this chapter, nor shall a conviction for any such violation exempt any person from a civil action brought by an Authorized Recycling Contractor.

(Ord. 496, Exh. A, 2022)