Hawaiian Gardens Municipal Code Ch. 6.13 Prohibition of Scavenging

To reduce the waste stream generated by residents and business within the City, the City has or intends to adopt certain residential and commercial/industrial recycling programs. Scavenging of recyclables from these programs undermines their economic viability and thereby undermines their success. This chapter is intended to eliminate scavenging of recyclables.

(Ord. 435 § 2, 1996)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

The applicable words and phrases used in this chapter shall have the definition or meaning as defined in Chapter 6.12, Section 6.12.000.

(Ord. 435 § 2, 1996)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

Recyclable materials placed at the curbside of residential, commercial, or industrial or public or quasi-public facilities or properties or placed for collection on residential, commercial, or industrial or 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 which are labeled "City of Hawaiian Gardens Recycles," or some similar text, 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. 435 § 2, 1996)

A. No person shall collect or transport recyclable materials within the City unless such person is the franchise hauler, a permittee of the City or is exempt in accordance with subsections 1. and 2. of this section. No person shall permit, allow, or enter into any agreement whatsoever for the collection of recyclable materials from any residential unit, commercial or industrial premises, or public or quasi-public facility with any person who is not the franchise hauler or a permittee as herein defined, except as permitted in subsections 1. and 2. of this section.

1. The collection and removal of green waste by self-haulers, 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, shall be exempt from the permit section.

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

(Ord. 435 § 2, 1996)

(Ord. No. 2021-597, § 1(Exh. A), 12-14-2021)

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

(Ord. 435 § 2, 1996)

It is unlawful for any person other than the (1) resident or occupant of a premises or their designee; or (2) the City; or (3) the City permittee, to remove any approved recycling container from curbside or on the property of said resident or occupant.

(Ord. 435 § 2, 1996)

Nothing in this chapter shall be deemed to limit the right of an authorized permittee to bring civil action against any person who violates the above described sections of this chapter, nor shall a conviction for such violation exempt any person from civil action brought by a City permittee.

(Ord. 435 § 2, 1996)

Violation of any part of this section shall be a misdemeanor pursuant to the Hawaiian Gardens Municipal Code.

(Ord. 435 § 2, 1996)