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HomeMy Public PortalAbout243PROPOSED MODEL ORDINANCE FOR THEFT OF RECYC,/LABLES ORDINANCE NO. A '1-3 An ordinance making it unlawful for any person to take or convert recyclables without authority,. The City Council of `1►'10_44 (na- ordains: Section 1. Purpose and Intent. It has come to the attention of the City that unauthorized collection of recyclable material has occurred from private driveways, curbsides and designated drop sites due to rising market prices for certain recyclables such as aluminum cans. The City has designated an authorized private contractor to collect recyclables within its jurisdictional limits and pays the contractor for this service through direct billing of its residents. However, the charges are minimal for this service, a condition made possible by the contractor's ability to sell the recyclables on the open market. To the extent the contractor is deprived of recyclables it is deprived of the income therefrom, thus tending to make the contractor's service more expensive to the City's residents. Furthermore, the collection of recyclables by only authorized servicing contractors tends to promote public safety by ensuring that only properly maintained and licensed equipment is used by the collecting party, which is easily identifiable by residents and public safety officials. Accordingly, it is deemed to be in the public interest to prohibit the unauthorized collection of recyclables within the city from private driveways, curbsides or designated drop sites. Section 2. Definitions. For purposes of this ordinance the following words and phrases have the meanings set forth below: 2.1 "Recyclables" or "Recyclable Material" means and includes objects made of glass, paper, tin, aluminum or plastic and/or used motor oil and automobile batteries which have been collected and separated by the users or consumers of the products contained therein and placed by them outside their residence on or near their driveway or the curbside of any adjacent public street or at a designated drop site for the purpose of collection and removal. 2.2 "Authorized Contractor" means and includes any person specifically designated by the city council to collect recyclables or recyclable material from driveways, curbsides or designated drop sites within the city. 2.3 "Person" means and includes any natural person, corporation, partnership, or association. 2.4 "City" means the City of tY led v>0. r Section 3. Unlawful Acts. It shall be unlawful for any person to take, collect, or in any way convert to their own use any recyclables or recyclable materials unless and until he/she/it has been designated in writing by the city council as an authorized recycling contractor. In the event the city should rescind any express written authority previously given to a person to collect recyclables within the city, such person shall cease and desist from collecting the same within 10 days of his/her/ its receipt of such notice. Section 4. Penalty. It shall be a misdemeanor punishable by up to $700.00 fine or 90 days imprisonment or both for any person to violate this ordinance. Section 5. Effective Date. This ordinance shall be effective upon its passage and publication. Attest: oCtirilr,Lot-i City Clerk Act_P_i_i_blished in the etoz-f-}r,6", on the a5 day of , 1989 s v