Morgan Hill Municipal Code Ch. 8.60 Prohibition of Scavenging

To reduce the waste stream generated by citizens of Morgan Hill, the city council has entered into a franchise agreement with South Valley Refuse Disposal, Inc., to permit collection of residential curbside and commercial recycling programs. Scavenging of recyclables from the program undermines the participation of residents and business. The provisions of this chapter are intended to eliminate scavenging.

(Ord. 1396 N.S. § 1 (part), 1998)

For the purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases are defined as follows:

"City agent" means any person designated by the city manager or city council, or their designees, as being responsible for administering, directing, supervising, collecting or providing for the disposal of garbage, rubbish, and other refuse.

"Franchisee" means a recycling operator issued a franchise by the city council, pursuant to the provisions of Chapter 13.28 (Solid Waste Collection and Disposal) of this code.

"Recyclable materials" means paper, glass, plastic, used motor oil, ferrous metal, aluminum, or other materials which may be recycled for use, have been segregated from other solid waste, and placed at a designated collection location for the purpose of collection and recycling.

"Recycling" shall have the meaning established by Government Code Section 66716.5.

(Ord. 1396 N.S. § 1 (part), 1998)

A. It shall be unlawful for any person, other than the owner thereof, the owner's agents or employees, a city agent, a franchisee or their agents or employee, to do any of the following:

1. Tamper or meddle with a container for recyclable materials;

2. Tamper or meddle with the contents of any container for recyclable materials;

3. Remove the contents of any container for recyclable materials;

4. Remove any container for recyclable material from the location where such container has been placed by the owner of the container or the owner's agent; or

5. Remove, or tamper or meddle with, any recyclable material set out for collection, pursuant to the provisions of this chapter, on private property or on any sidewalk, street, or public right-of-way.

B. The provisions of this section do not apply to:

1. A franchisee or their agent or employee performing under the authority of their franchise agreement;

2. A city agent performing within the authority granted by the city; or

3. The owner, or their authorized representative, of the recyclable materials or its container.

(Ord. 1396 N.S. § 1 (part), 1998)