Chapter 62.10
ILLICIT SCAVENGING OF RECYCLABLE MATERIALS
Sections:
62.10.030 Illicit scavenging of recyclable or solid waste materials.
62.10.050 Violation – Infraction.
62.10.060 Violation – Penalty.
62.10.070 Violation – Separate offenses.
62.10.010 Purpose and intent.
To reduce the amount of materials landfilled from the residents and businesses of Coronado, the City’s mandatory recycling ordinance (Chapter 62.12 CMC) requires all occupants of the City to recycle materials designated by the Council. Scavenging of recyclables undermines the City’s solid waste management program as codified in Chapter 62.04 CMC and the City’s mandatory recycling ordinance by:
A. Raising health and safety concerns (potentially harmful waste may be contacted or scattered due to searching through waste containers);
B. Raising security concerns (possible identity theft by obtaining names and other information from mail, prescription bottles; scavengers may steal property from side yards or garages);
C. Removing (stealing) revenue from the City’s solid waste program (scavengers remove the most valuable materials which the City otherwise uses to help pay for program costs); and
D. Attracting organized groups of scavengers into the City who have made scavenging of recyclables a commercial operation.
The regulations in this chapter are intended to eliminate scavenging of recyclables or any solid waste materials. (Ord. 2052 § 2, 2015; Ord. 1801; Ord. 1753)
62.10.020 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the definition of meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended:
A. “City agent” means any person designated by the City Manager or City Council as being responsible for administering, directing, supervising, collecting or providing for the disposal of garbage, rubbish, and other refuse.
B. “Permittee” means a recycling operator issued a permit by the City Council, pursuant to the procedures established by this title.
C. “Recyclable materials” means discarded materials which may be recycled, reused, remanufactured, or reconstituted that have been segregated from other solid waste and placed at a designated collection location or in a designated container for the purposes of collection and recycling.
D. “Recycling” means using, reusing or reclaiming a recyclable material as established by California Health and Safety Code Section 25121.1.
E. “Recycling operator” means a person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection and recycling of waste and other discarded materials.
F. “Receptacle” means any container used for storage of recyclable materials, solid waste or green waste including, but not limited to, metal or plastic cans, carts, bins, tubs and drop boxes that are used by the generator or provided by the hauler.
G. “Salvaging” or “salvageable” shall mean the controlled and/or authorized storage and removal of solid waste, designated recyclables, reclaimable and/or reusable materials.
H. “Scavenger” means individual(s) who are involved in the unauthorized taking of recyclable materials either in or near a container set out for solid waste collection.
I. “Scavenging” means the uncontrolled and/or unauthorized searching, collecting or removing of items either in or near a solid waste container set out for collection.
J. “Solid waste material” means any material discarded by the owner, whether it is trash or recyclable material. (Ord. 2052 § 2, 2015)
62.10.030 Illicit scavenging of recyclable or solid waste materials.
A. It shall be unlawful for any person, other than the owner thereof, the owner’s agents or employees, a City agent, or a permittee, or a permittee’s agents or employees, to do any of the following:
1. Tamper or meddle with any container for recyclable or solid waste materials;
2. Scavenge the contents of any container designated for recyclable or solid waste materials;
3. Remove any container designated for recyclable or solid waste materials from the location where said container has been placed by the owner of the container or owner’s agent; or
4. Remove, tamper or meddle with any recyclable or solid waste material set out for collection, pursuant to the provisions of this title, 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 permittee performing under the authority of their permit;
2. A City agent performing within the authority granted by the City; or
3. The owner (or the owner’s authorized representative) of the recyclable materials or its container. (Ord. 2052 § 2, 2015)
62.10.050 Violation – Infraction.
Any person violating a provision of this chapter is guilty of an infraction. (Ord. 2052 § 2, 2015)
62.10.060 Violation – Penalty.
A person convicted of an infraction under this chapter shall be punished by a fine of not more than $100.00 for a first violation; $200.00 for a second violation within a 12-month period; and $500.00 for each additional violation within a 12-month period. (Ord. 2052 § 2, 2015)
62.10.070 Violation – Separate offenses.
Each person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 2052 § 2, 2015)