Fresno Municipal Code Art. 38 Unauthorized Possession and Use of a City Cart, an Authorized Cart/Bin…

Footnotes:

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Editor's note— Ord. 2025-059, § 1, effective January 30, 2026, set out provisions intended for use as Art. 37, §§ 9-3701—9-3705. Inasmuch as there were already provisions so designated, said sections have been codified herein as Art. 38, §§ 9-3801—9-3805 at the discretion of the editor.

The purpose of this article is to protect public health, safety and welfare by regulating the unauthorized removal, theft, or possession of a City cart, an authorized cart/bin collection agent, or authorized roll-off collector owned trash bin.

(Added Ord. 2025-059, § 1, eff. 1-30-26)

(a) "Owner" means the City of Fresno, an authorized cart/bin collection agent or authorized roll-off collector whose name, logo or identification is permanently affixed to the trash bin.

(b) "Trash Bin" means any refuse, recycling or organic waste container, cart, bin or receptacle issued by the City or its authorized waste collection contractor to collect, store and transport solid waste, recycling or organics from a residential or commercial property.

(Added Ord. 2025-059, § 1, eff. 1-30-26)

It shall be unlawful for any person to:

(a) Remove any Trash Bin from commercial property, residential property or curbside, without the consent of the property resident or Owner.

(b) To be in possession of any Trash Bin that has been removed from a commercial property, residential property or curbside, without the consent of the property resident or Owner.

(c) Deface, destroy or otherwise tamper with any Trash Bin issued for public or residential waste collection.

(Added Ord. 2025-059, § 1, eff. 1-30-26)

Any violation of this article constitutes a public nuisance, subject to abatement by the City in accordance with Chapter 10, Article 6.

(Added Ord. 2025-059, § 1, eff. 1-30-26)

(a) A violation of this Section is a misdemeanor, and upon conviction punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Fresno County Jail for a period of not more than six months or by both such fine and imprisonment, unless at the discretion of the City Attorney, the violation is reduced to an infraction.

(b) Each Trash bin unlawfully possessed or abandoned shall constitute a separate violation.

(Added Ord. 2025-059, § 1, eff. 1-30-26)