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.
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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
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