Gilroy Municipal Code Art. IV Recyclable Materials

It is unlawful for any person, business, or entity, other than the City of Gilroy’s official authorized recycling agent to collect recyclable materials in the City of Gilroy unless excepted by the provisions of this article, or state or federal law.

(Ord. No. 90-3, § 1, 2-20-1990)

From the time of placement of recyclable materials at the curbside, or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent, said recyclable materials shall be and become the property of the authorized recycling agent.

(Ord. No. 90-3, § 1, 2-20-1990)

The use of receptacles or other containers provided by the authorized recycling agent or the pickup of such recyclable materials from any designated collection location by anyone other than the authorized recycling agent is prohibited.

(Ord. No. 90-3, § 1, 2-20-1990)

Any person engaged in the activities prohibited in section 12.59 is guilty of an infraction.

Any such prohibited activity in more than one location within the City of Gilroy shall constitute a separate and distinct offense.

(Ord. No. 90-3, § 1, 2-20-1990)

As an alternative to criminal enforcement, both the City of Gilroy and the authorized recycling agent have the independent authority of civilly enforcing any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The city administrator may invoke these remedies, or any of them, whenever he/she deems it appropriate.

(Ord. No. 90-3, § 1, 2-20-1990)

(a) Nothing contained in this article shall preclude any person, business, or other entity from disposing of segregated recyclable materials without utilizing the City of Gilroy’s official authorized recycling agent, provided that the recyclable materials are disposed of by such persons individually or by their agents to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority.

(b) Nothing herein contained shall prevent any person, business, or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity.

(c) Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit drop-off program or recycling processor as permitted by “The Solid Waste Management Resource and Recovery Act of 1972,” or the “California Beverage Container Recycling and Litter Reduction Act of 1986.”

(Ord. No. 90-3, § 1, 2-20-1990)