Chapter 8.48 — PROHIBITION ON SCAVENGING FROM AND TAMPERING WITH PUBLIC CONTAINERS

Scavenging. removal of solid waste or recyclables from an area for the purpose of converting the solid waste or recyclables.

Public container. means a cart, bin, roll-off box, or other receptacle for solid waste, recyclable material or green waste intended for public use from the location where it is placed and maintained by the city or its authorized designee, for the authorized collection of solid waste or recyclables. For purposes of illustration only, a public container can be:

(1)

A solid waste or recyclable bin placed out from the curb for collection in residential areas; or

(2)

A roll off box or metal receptacle placed in enclosed areas on commercial property; or

(3)

Bins or receptacles for solid waste or recyclables placed in public areas such as parks or similar recreational areas.

(Ord. No. 2012-13, § 1, 10-24-2012)

(a)

It shall be unlawful for any person to do any of the following:

(1)

Scavenge from, tamper with, move, steal, tip, deface, or destroy any solid waste collection container, or the contents thereof;

(2)

Scavenge from, tamper with, move, steal, tip, deface, or destroy any collection container for discarded recyclable materials, or the contents thereof.

(b)

No person shall remove, without lawful authority, any container intended for public use from the location where it is placed and maintained by the city or its authorized designee, for the authorized collection of solid waste or recyclables.

(Ord. No. 2012-13, § 1, 10-24-2012)

(a)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter for failing to comply with any of the requirements is deemed guilty of an infraction with in the manner provided in section 1.01.200.

(b)

Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable as provided in this chapter.

(c)

Each infraction is punishable by:

(1)

A fine not exceeding $100.00 for the first violation;

(2)

A fine not exceeding $200.00 for the second violation within one-year;

(3)

A fine not exceeding $500.00 for each additional violation within one-year.

(d)

In addition to the fines set forth herein, the city shall confiscate all solid waste or recyclables from any person in violation of or fails to comply with any of the requirements of this chapter.

(Ord. No. 2012-13, § 1, 10-24-2012)