HomeMy WebLinkAbout809 - OrdinancesORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA REVISING SOLID WASTE
REGULATIONS BY PROHIBITING SCAVENGING FROM
REFUSE AND RECYCLING RECEPTACLES, AND AMENDING
TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
The City Council hereby ordains as follows:
Section 1. Anew Section 8.17.055 is hereby added to Chapter 8.17 of Title 8 of the
Rancho Cucamonga Municipal Code to read as follows:
"8.17.055 Scavenging prohibited.
A. It shall be unlawful for any person other than a City permitted refuse collector or
authorized recycling agent, to remove or otherwise handle, any solid waste or recyclables
contained in any refuse or recycling receptacle that has been placed curbside or elsewhere, for
collection by a City permitted refuse collector or authorized recycling agent, without the prior
written consent of the refuse collector or authorized recycling agent, or the property owner,
tenant or agent thereof having exclusive use of such receptacle. Unauthorized removal of
recyclable materials for the purpose of recycling, from recycling receptacles that have been
placed for collection by an authorized recycling agent as part of a City residential recycling
program, is a violation of California Public Resources Code Section 41950."
B. Any person violating any provision of this section shall be guilty of an infraction. In
addition, the violation of any of the provisions of this section shall constitute a nuisance and may
be abated by the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of such
nuisances.
Section 2. A new Section 8.19.055 is hereby added to Chapter 8.19 of Title 8 of the Rancho
Cucamonga Municipal Code to read as follows:
"8.19.055 Scavenging prohibited.
A. It shall be unlawful for any person other than a City permitted refuse
collector or authorized recycling agent, to remove or otherwise handle, any solid waste or
recyclables contained in any refuse or recycling receptacle that has been placed curbside or
elsewhere, for collection by a City permitted refuse collector or authorized recycling agent,
without the prior written consent of the refuse collector or authorized recycling agent, or the
property owner, tenant or agent thereof having exclusive use of such receptacle. Unauthorized
removal of recyclable materials for the purpose of recycling, from recycling receptacles that
have been placed for collection by an authorized recycling agent as part of a City residential
recycling program, is a violation of California Public Resources Code Section 41950."
B. Any person violating any provision of this section shall be guilty of an
infraction. In addition, the violation of any of the provisions of this section shall constitute a
nuisance and may be abated by the City through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner provided by law for the abatement of
such nuisances.
Ordinance No. 809
Page 2 of 3
Section 3. Severability. The City Council declares that, should any article, provision,
section, paragraph, sentence or word of this Ordinance be or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive legislative, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain
in full force and effect.
Section 4. Authority to Enforce. The City Manager, or his designee, shall have the
authority to enforce this chapter.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
Please see [he following page
for /ormal adoption, certl/ication and signatures
Ordinance No. 809
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 18th day of February 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
C u~ ~/ ~cGa
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 4th day of February 2009, and was
passed at a Regular Meeting of the City Ccuncil of the City of Rancho Cucamonga held on the
18th day February 2009.
Executed this 19th day of February 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, Ci y Clerk