Loading...
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