Chapter 8 — PROHIBITION AGAINST UNAUTHORIZED

ENTRY INTO WASTE CONTAINERS

Section

8-8-1 Findings

8-8-2 Prohibition

8-8-3 Public nuisance

8-8-4 Penalty

The City Council finds as follows.

(A) Allowing unauthorized individuals to rummage through waste containers results in risks to the health, safety and general welfare of city residents.

(B) Unauthorized entry of waste containers can lead to intruders obtaining information for identity theft. Unauthorized rummaging also results in trash being left in roadways and sidewalks, which impedes the flow of vehicular traffic and impairs the cleanliness and safety of the city’s rights-of-way.

(C) Waste containers left open after the intrusion create a nuisance by attracting animals and insects.

(D) Individuals rummaging through waste containers place themselves in danger of coming into contact with unknown contaminants.

(E) Prohibiting individuals from rummaging through waste containers will reduce the amount of recyclables being taken from the marked containers. As part of the city’s solid waste management, the city contracts with private haulers for the collection of solid waste and recyclables. The city and the private haulers factor revenues collected by the recyclables in establishing the collection rates for residents. The theft of recyclable goods increases the cost of waste collection for the city’s solid waste haulers which may result in an increase in rates for residents.

(F) Allowing individuals to take recyclable goods that are left in designated waste containers negatively impacts the city’s ability to demonstrate compliance with the waste diversion mandates of Assembly Bill 939, being the California Integrated Waste Management Act (IWMA) of 1989, Cal. Public Resources Code, Division 30, §§ 40000 through 49654.

(Ord. 621, passed 1-20-2015)

It shall be unlawful for any person, except the owner, or someone with the owner’s consent, or authorized city, county, state or federal personnel, or employees of the solid waste company contracted by the city to collect solid waste and/or recyclables in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search waste or recyclable containers or the contents thereof.

(Ord. 621, passed 1-20-2015)

Rummaging, exploring, scavenging or otherwise searching a waste container, as prohibited by §8-8-2 of this chapter, is a violation of the provisions of this chapter and is hereby declared a public nuisance.

(Ord. 621, passed 1-20-2015)

(A) A violation of this chapter shall be deemed an administrative citation pursuant to Title 1, Chapter 18 of this code.

(B) Any person receiving an administrative citation for violating this chapter may be punished by:

1. A warning for the first violation;

2. A fine of not more than $25 for a second violation of the same section within a 12-month period; and

3. A fine of not more than $50 for a third (or subsequent) violation of the same section by the same person within a 12-

month period.

(C) Any person receiving an administrative citation may contest the citation by following the procedures set forth in Title 1, Chapter 18 of this code (§§ 1-18-10 through 1-18-13 of this code).

(D) This chapter and the penalties under this section shall be in addition to any relief provided for under Chapter 2 of this title for violations of § 8-2-15, Scavenging Prohibited, of this title.

(Ord. 621, passed 1-20-2015)