Chapter 9.35

9.35.010    Purpose and urgency.

9.35.020    Garbage trespass.

9.35.030    Unlawful dumping.

9.35.060    Violations and penalties.

9.35.010 Purpose and urgency.

The ordinance codified in this chapter is necessarily an urgency ordinance to preserve the public health and safety. Business and residential refuse receptacles are assaulted daily by scavengers. This daily assault causes refuse to be scattered about the area of the containers causing an unnecessary public health risk to scavengers as well as pedestrians and passersby and general disorder. Property owners and residents must spend an inordinate amount of time to clean up the litter caused by the scavengers. Secondarily, businesses using large refuse collection bins often have individuals dumping in those containers, costing those businesses for additional garbage service. This chapter regulates such behaviors within the city. (Ord. 1228 § 1 (part), 1997).

9.35.020 Garbage trespass.

(a)    It is unlawful for any person to open, enter or remove items from a refuse container or receptacle of another located on public or private property without written permission from the person or entity in lawful control of such container or receptacle.

(b)    This section shall not apply to any peace officer in the performance of his or her duty. (Ord. 1228 § 1 (part), 1997).

9.35.030 Unlawful dumping.

It is unlawful for any person to place refuse or rubbish as defined in Section 6.08.010(4) of this code in any refuse collection container of another with a size greater than one and one-half cubic yards without the express written permission from the person or entity in lawful control of the container. (Ord. 1228 § 1 (part), 1997).

9.35.060 Violations and penalties.

(a)    Any person violating any provisions of this chapter is guilty of an infraction and subject to a fine of no less than two hundred and fifty dollars except as follows.

(b)    Upon second conviction of any provision of this chapter the violation will be deemed a misdemeanor with a fine of three hundred fifty dollars or other suitable sentence as imposed by the judge of a competent court. (Ord. 1228 § 1 (part), 1997).