Ordinance Number 684ORDINANCE NO. 684
UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 6-3.14, "UNAUTHORIZED
COLLECTION OF RECYCLABLE MATERIALS," TO THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
WHEREAS, the City Council of the City of San Juan Capistrano has
determined it is in the best interests of the City to promote recycling of discarded waste
materials; and,
WHEREAS, it has been determined that recyclable materials set out by the
citizens of San Juan Capistrano for collection by the contractor are being collected by
unauthorized persons and such unauthorized collection may have serious adverse effects
on the success of the City's recycling programs.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Chapter 6-3.14, "Unauthorized Collection of Recyclable Materials," is hereby
added to the San Juan Capistrano Municipal Code to read as follows:
"Chapter 6-3.14 Unauthorized Collection of Recyclable
Materials.
Section 6-3.14(a). Authorized Recycling Contractor.
"Authorized Recycling Contractor," as used in this Chapter 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.
Section 6-3.14(b). Designated Recycling Collection Location.
"Designated Recycling Collection Location," as used in this Chapter, 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. This location will customarily be the curbside of a residential
neighborhood or the service alley of a commercial enterprise.
Section 6-3.14(c). Recyclable Waste Material.
"Recyclable Waste Material," as used in this Chapter, means discarded
materials such as, but not limited to, newspapers, cardboard, other paper, glass, plastic
and metal and aluminum cans, which are separated from other garbage or refuse for the
purpose of recycling.
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Section 6-3.14(d). Recycling.
"Recycling," as used in this Chapter, means the process of collecting and
turning used products into new products by reprocessing or remanufacturing them.
Section 6-3.14(e). Ownership of Recyclable Waste Material.
Upon placement of recyclable waste material at a designated recycling
collection location for collection by an authorized recycling contractor or the residential
or business occupant or owner, the recyclable waste material shall be come the property
of the authorized recycling contractor.
Section 6-3.14(f). Unauthorized Collection Prohibited.
During the twenty-four (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 or the residential or business occupant or owner,
shall remove recyclable waste material which has been placed at a designated recycling
collection location. Any and each such collection in violation hereof from one or more
designated recycling collection locations during said twenty-four (24) hour period shall
constitute a separate and distinct offense punishable in accordance with Chapter 2 of
Title 1 of this Code.
Section 6-3A4(g). Right of Individual to Dispose of Recyclable
Waste Material.
Nothing in this Chapter shall limit the right of an individual person,
organization, or other entity to donate, sell or otherwise dispose of recyclable waste
material, provided that any such disposal is in accordance with the provisions of this
Chapter.
Section 6-3.14(h). Enforcement - Authority.
The City Manager and/or his/her Designee shall have the authority to enforce
the provisions of this Chapter. This authority shall be in addition to the authority
granted to police officers pursuant to this Code.
Section 6-3.14(i). Civil Action by Authorized Recycling Contractor.
Nothing in this Chapter shall be deemed to limit the right of an authorized
recycling contractor to bring a civil action against any person who violates Section 6-
3.14(f) of this Code, nor shall a conviction for such violation exempt any person from a
civil action brought by an authorized recycling contractor.
passage.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 21st day of May ,
1991.
KENNETH E. FRIESS, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 684 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on DIay 7 , 1991, and adopted at
a meeting held on May 21 , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Vasquez
and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: Councilman Buchheim
(SEAL)iC'��/J77
EKYL JOHMON, CITY CLERK
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