§ 38-24. Theft and/or unauthorized collection of recyclable materials.

(a)

As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

Authorized recycling contractor means a person, firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the city to collect recyclable waste material in the city.

Designated recycling collection location means the place designated in the contract between the city and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable waste material.

Recyclable waste materials means discarded materials such as, but not limited to, newspapers, glass, and metal cans, which are separated from other garbage or refuse for the purpose of recycling.

Recycling means the process of collecting used materials for the purpose of reusing, reprocessing, or remanufacturing.

Recycling bin means a container provided to residents of the city for the purpose of collecting materials to be recycled.

(b)

Upon the placement of recyclable waste material in the collection bin at a designated collection site in accordance with the requirements of this section, any recyclable materials shall become the property of the city. It shall be unlawful for any person not authorized by the city to collect or pick up or cause to be collected or picked up, any of such recyclable materials. Recyclable collection bins are the property of the city.

(c)

During the 24-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection of recyclable waste material, no person, other than an authorized recycling contractor, shall remove recyclable waste material and/or recycling bins which have been placed at a designated recycling collection location. Each such unauthorized collection from one or more designated recycling collection locations shall constitute a separate and distinct offense.

(d)

The theft or unauthorized use of recycling bins shall be unlawful.

(e)

It is the intent of this section to regulate the throwing away of recyclable materials. However, nothing herein shall be deemed to prohibit any person from selling or donating recyclable materials when such materials are not put out for collection as waste.

(f)

The city superintendent and persons authorized by him shall have the authority to enforce the provisions of this section. This authority shall be in addition to the authority granted to police officers by law.

(g)

An authorized recycling contractor may bring a civil action against any person who violates the provisions of this section. This authority conferred by this subsection shall be in addition to all other remedies and penalties.

(h)

Any person violating any provision of this section shall be fined not less than $100.00 nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Code 1976, § 9:54; Ord. No. 1056, 1-8-1996)