Chapter 8.06


8.06.010    Findings and purpose.

8.06.020    Definitions.

8.06.030    Recycling activity authorized.

8.06.035    Recycling required.

8.06.040    Ownership of recyclable waste material.

8.06.050    Unauthorized collection prohibited.

8.06.060    Right of individual to dispose of recyclable material.

8.06.070    Civil action by authorized recycling contractor.

8.06.010 Findings and purpose.

The health, welfare and safety of the people in the city are promoted by the curbside collection of recyclable waste materials. To insure the existence and continuance of a recycling program, the city council finds that city-authorized recycling contractors must be able to collect recyclable materials without interference. The purpose of this chapter is to require recycling while also discouraging unauthorized scavenging of recyclable materials from a designated collection location. (Ord. 971 § 1, 2012; Ord. 704, 1990)

8.06.020 Definitions.

In this chapter, unless the context otherwise requires:

A. “Recycling program” means an arrangement whereby a person or business entity (“recycling contractor”), so authorized by a franchise agreement, permit or license duly issued by the city, arranges to pick up and remove recyclable materials at designated collection locations during set time frames.

B. “Recyclable materials” mean materials (segregated from solid waste into distinctive recycling containers approved of, or provided by, a recycling contractor) which have been placed at a designated collection location including, but not limited to, the following materials: newspapers, glass, old corrugated cartons, graded or sorted waste paper, waste motor oil (residential), cardboard, mixed waste paper (including junk mail, catalogues, paperboard, phone books, brown paper, grocery bags, colored paper, envelopes, food boxes, magazines), milk and juice cartons, aluminum cans, trays and foil, steel cans, and mixed plastic containers (numbers 1 through 4), and dry cell batteries. (Ord. 971 § 1, 2012; Ord. 704, 1990)

8.06.030 Recycling activity authorized.

Notwithstanding any contrary prohibitions in Chapter 8.04 of this title, collecting recyclable materials and placing them at designated collection locations is allowed. (Ord. 971 § 1, 2012; Ord. 704, 1990)

8.06.035 Recycling required.

Commercial Recycling Required. As of July 1, 2012 all commercial establishments that generate four cubic yards or more of commercial solid waste per week and multifamily residential dwellings with five or more units shall separate recyclable materials for recycling, and no recyclable materials shall be deposited in garbage cans or bins, “roll-off” containers, or drop boxes.

A. Enforcement.

1. As of September 1, 2012 educational notice tags will be placed on garbage cans and bins, “roll-off” containers and drop boxes with appreciable amounts of recyclable materials.

2. As of September 1, 2013, any violation of this section may result in refusal of curbside garbage collection services. Customers shall be required to remove these items from garbage containers before it will be collected.

B. Exceptions. The owner of an existing commercial structure or multifamily structure which does not have adequate storage space for recyclable materials may apply to the city manager for a full or partial exemption from the requirements of this chapter. The city manager, in cases where space constraints are determined to exist, shall evaluate the feasibility of shared recycling containers by contiguous businesses or multifamily structures before granting a full or partial exemption. (Ord. 971 § 1, 2012)

8.06.040 Ownership of recyclable waste material.

Upon the placement of recyclable waste materials at a designated recycling collection location for collection by an authorized recycling contractor, the recyclable waste material becomes the property of the authorized recycling contractor. (Ord. 971 § 1, 2012; Ord. 704, 1990)

8.06.050 Unauthorized collection prohibited.

During the twenty-four-hour period beginning at six p.m. preceding the day designated for collection of recyclable waste material, no person other than the pertinent authorized recycling contractor shall remove recyclable waste material which has been placed at a designated recycling collection location during the twenty-four-hour period shall constitute a separate and distinct offense punishable as provided in Section 1.01.090 and Title 4 of this code. (Ord. 971 § 1, 2012; Ord. 955 § 4, 2011; Ord. 704, 1990)

8.06.060 Right of individual to dispose of recyclable material.

This chapter does not limit the right of a person to donate, sell or otherwise dispose of recyclable waste material so long as the disposal complies with this chapter. (Ord. 971 § 1, 2012; Ord. 704, 1990)

8.06.070 Civil action by authorized recycling contractor.

This chapter does not limit the right of an authorized recycling contractor to bring a civil action against a person who violates Section 8.06.050. A conviction for such violation does not exempt a person from a civil action brought by an authorized recycling contractor. (Ord. 971 § 1, 2012; Ord. 704, 1990)