Chapter 9.05


9.05.010    Short title.

9.05.020    Purpose.

9.05.030    Definitions.

9.05.040    Administration.

9.05.050    Destroying, scattering, or collecting recyclables without the consent of the generator.

9.05.060    Penalties and enforcement.

9.05.010 Short title.

This chapter shall be known as the theft of recycled materials ordinance and shall be so cited and pleaded. [Ord. 696 § 1, 1984.]

9.05.020 Purpose.

It is the intent of this chapter to prevent theft or vandalizing of source-separated recyclable materials in order to preserve the economic viability of community collection services and recycling centers. This chapter is enacted under the authority of ORS 459.085, 459.125, and 459A.085 and Chapter 1.10 MCC. [Ord. 1264 § 2(3), 2008; Ord. 696 § 2, 1984.]

9.05.030 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

“Board” means the Marion County board of commissioners.

“Generator” means any person who discards unwanted recyclable materials resulting from normal community activities.

“Person” means the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

“Recyclable material” means any material or group of materials that can be recycled or reused.

“Recycling” means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

“Source-separated” means that the person who last used recyclable material separates the recyclable material from the solid waste. [Ord. 696 § 3, 1984.]

9.05.040 Administration.

The board shall be responsible for the administration and enforcement of this chapter. [Ord. 696 § 4, 1984.]

9.05.050 Destroying, scattering, or collecting recyclables without the consent of the generator.

It is unlawful for any person to burn, break, destroy, scatter, collect or take any source-separated recyclable materials set out or deposited for recycling collection without the consent of the generator or intended recipient of such materials. Consent to the collection of recyclable materials shall be established only by oral or written agreement, or manifested by a practice or arrangement between the generator and the intended recipient, whereby recyclable materials are placed in a designated place, or recycling container, for regular collection or processing. A collection practice or arrangement shall be established and manifested when it is provided at least on a monthly basis, or when recyclable materials are placed in a container owned or maintained by the intended recipient and clearly marked so. [Ord. 696 § 5, 1984.]

9.05.060 Penalties and enforcement.

Violations of this chapter shall be subject to the penalties prescribed in Chapter 1.25 MCC. Provisions of Chapter 1.25 MCC provide for a fine of up to $500.00 for each separate violation and $1,000 for a continuing violation. An infraction complaint will be issued to the violator which includes a summons to appear in court. The violator may pay the fine, appear in court at the summons time, or request a hearing on the violation. The court shall then make a civil judgment on the violation.

The board may also seek any other legal or equitable remedy provided by law to enforce the provisions of this chapter. [Ord. 696 § 6, 1984.]