Tehachapi Municipal Code Ch. 8.60 Unauthorized Entry into Waste Containers

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:

A. Waste is strewn about or waste containers are left open to animals or waste containers and lids are left in roadways or walkways.

B. 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 Tehachapi Municipal Code.

C. That an ordinance is needed for the preservation of the public peace, health, safety and general welfare of the residents of the city of Tehachapi based upon the finding of facts declared by the city council hereinabove stated.

(Ord. No. 14-05-719, § 1, 12-15-2014)

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. Any and each violation of this section shall constitute a separate and distinct offense punishable as provided in Section 8.60.040 of this chapter.

(Ord. No. 14-05-719, § 1, 12-15-2014)

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. Such public nuisance may be abated pursuant to Chapter 8.28 of this Code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including, but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

(Ord. No. 14-05-719, § 1, 12-15-2014Ord. No. 22-01-766, § 21, 1-18-2022)

Any person in violation of this article shall be guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or imprisonment in the Kern County Jail for not more than six months, or both. 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. 14-05-719, § 1, 12-15-2014)