Modesto Municipal Code Art. 2 Unauthorized Entry into Waste Containers

The following words and phrases, whenever used in this article, shall be construed as defined in this section: (a) "Waste container(s)" means any and all containers defined or identified in Article 1 of this chapter, including but not limited to automated collection container, carts, bins, and drop box container.

(Ord. No. 3752-C.S., effective 1-12-23)

(a) The City Council recognizes that there is an increasing problem both nationally and locally involving persons who forage waste containers.

The City Council finds that there is risk to the public health and safety when:

(1) Waste is strewn about;

(2) Waste containers are left open to animals;

(3) Waste containers and lids are left in roadways or walkways.

(b) The City Council further finds that entry into waste containers by unauthorized individuals may subject owners to public nuisance liabilities for which they have no remedy unless provided by an addition to the Modesto Municipal Code.

(c) The Council hereby finds that an ordinance is needed for the preservation of the public peace, health, safety and general welfare of the residents of the City of Modesto based upon the finding of facts declared by the City Council hereinabove stated.

(Ord. No. 3752-C.S., effective 1-12-23)

(a) 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 that owns the waste container, in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search a waste container or the contents thereof.

(b) Any and each violation of subsection (a) of this section shall constitute a separate and distinct offense punishable as provided in Section 5-5.205 of this chapter.

(Ord. No. 3752-C.S., effective 1-12-23)

Rummaging, exploring, scavenging, or otherwise searching a waste container is a violation of the provisions of this article and is hereby declared a public nuisance.

(Ord. No. 3752-C.S., effective 1-12-23)

(a) Any person in violation of this article shall be guilty of a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment in the Stanislaus County jail for not more than six (6) months, or both.

(b) Any person that continues in violation of this article shall be guilty of a separate and distinct offense for each and every violation.

(Ord. No. 3752-C.S., effective 1-12-23)