Chapter 6.22
PROHIBITION AGAINST UNAUTHORIZED ENTRY INTO WASTE CONTAINERS
Sections:
6.22.015 Prohibition against unauthorized entry into waste containers.
Code reviser’s note: Ordinance 24-2008 adds the provisions of this chapter as Chapter 6.21. The chapter has been editorially renumbered to prevent duplication of numbering.
6.22.010 Findings.
The city council finds as follows:
A. Allowing unauthorized individuals to rummage through waste containers results in risks to the health, safety and general welfare of city residents.
B. Unauthorized entry of waste containers can lead to intruders obtaining information for identity theft. Unauthorized rummaging also results in trash being left in roadways and sidewalks, which impedes the flow of vehicular traffic and impairs the cleanliness and safety of the city’s rights-of-way.
C. Waste containers left open after the intrusion create a nuisance by attracting animals and insects.
D. Individuals rummaging through waste containers place themselves in danger of coming into contact with unknown contaminants.
E. Prohibiting individuals from rummaging through waste containers will reduce the amount of recyclables being taken from the marked containers. As part of the city’s solid waste management, the city contracts with private haulers for the collection of solid waste and recyclables. The city and the private haulers factor revenues collected by the recyclables in establishing the collection rates for residents. The theft of recyclable goods increases the cost of waste collection for the city’s solid waste haulers which may result in an increase in rates for residents.
F. Allowing individuals to take recyclable goods that are left in designated waste containers negatively impacts the city’s ability to demonstrate compliance with the waste diversion mandates of Assembly Bill 939. [Ord. 24-2008 § 1].
6.22.015 Prohibition against unauthorized entry into waste containers.
It shall be unlawful for any person, except the owner, or someone with the owner’s consent, or authorized city, county, state or federal personnel, or employees of the solid waste company contracted by the city to collect solid waste and/or recyclables in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search waste or recyclable containers or the contents thereof. [Ord. 24-2008 § 1].
6.22.020 Public nuisance.
Rummaging, exploring, scavenging, or otherwise searching a waste container, as prohibited by RCMC 6.22.015, is a violation of the provisions of this chapter and is hereby declared a public nuisance. [Ord. 24-2008 § 1].
6.22.025 Penalty.
A. A violation of this chapter shall be deemed an infraction for a first violation; second and subsequent violations of the same section within a 12-month period may be prosecuted as an infraction or misdemeanor.
B. Any person convicted of an infraction for violating this chapter may be punished by:
1. A fine of not more than $100.00 for a first violation;
2. A fine of not more than $200.00 for a second violation of the same section within a 12-month period; and
3. A fine of not more than $500.00 for a third (or subsequent) violation of the same section by the same person within a 12-month period.
C. Any person convicted of a misdemeanor for violating this chapter may be punished by a fine of not more than $1,000 or by imprisonment in jail for a period of not more than six months, or by both fine and imprisonment. [Ord. 24-2008 § 1].