11-5-085 Removing recyclable material from a recycling container – Prohibition – Exemption.

   No person shall remove any recyclable material from a recycling container located on the public way, Provided, however, that this prohibition shall not apply to any (1) private hauler under contract with a refuse collection customer to collect recyclable material from such refuse collection customer, or (2) city inspector or other authorized city official acting within the scope of his or her legal duties, or (3) any person who deposits recyclable material in a recycling container and subsequently attempts to reclaim the material so deposited, In addition to any other penalty provided by law, any person who violates this section shall be subject to a fine of not less than $100.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-090 Producing materials for inspection – Required.

   Any person to whom a certificate of any type is issued under this chapter, or who is required under this chapter to provide a refuse collection customer or tenant with any manual, flier, written notification, written offer or documentation of any type, or who is required under this chapter to keep records or a log of any type or to file a report of any type or to enter into a waste collection contract, shall, upon request by any city inspector or authorized city official, make such certificate, manual, flier, written notification, written offer, documentation, records, log, report or contract available for inspection by such city inspector or authorized city official.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-095 Violation – Penalty.

   Except as otherwise provided in this Article II, and in addition to any other penalty provided by law, any person who violates this Article II or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 7-20-16, p. 28694, § 1)

ARTICLE III. REFUSE COLLECTION CUSTOMERS (11-5-100 et seq.)

11-5-100 Exemption.

   The requirements set forth in this Article III shall not apply to: (1) any refuse collection customer that backhauls all of the recyclable material listed in Section 11-5-080 in accordance with the requirements set forth in Article V of this chapter; or (2) any refuse collection customer that holds a valid certificate of exemption issued under Section 11-5-040, to the extent of such exemption.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-110 Source-separated recycling – Required.

   Each refuse collection customer shall engage in source-separated recycling and shall source separate materials in accordance with Section 11-5-080.

(Added Coun. J. 7-20-16, p. 28694, § 1)

11-5-120 Recycling containers – Required.

   (a)   Except as otherwise provided in Section 11-5-100, each refuse collection customer shall equip interior and exterior common areas of the premises under such refuse collection customer's control with recycling containers in an amount sufficient to enable persons occupying, using, visiting or lawfully upon such premises to engage in source-separated recycling. Nothing in this section shall be construed to require any refuse collection customer to provide recycling containers on the public way or at any location where recycling containers are legally accessible to and emptied by a private or public hauler.

   (b)   The recycling containers required under this section shall: (1) be clearly identified as recycling containers; (2) display a written and/or pictorial list of the recyclable material that may be deposited into such container; (3) be emptied on a regular basis so that continued and uninterrupted source-separated recycling is able to occur on the premises; and (4) be maintained free from odor.

(Added Coun. J. 7-20-16, p. 28694, § 1)