(A) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CITY RECYCLING CONTAINERS: Eighteen (18) gallon blue plastic containers, stamped with the City name and issued by the City to its residents for the purpose of holding recyclable items.
OWNER: A City resident to whom a City recycling container has been issued by the City, or a City resident who has purchased a preprinted refuse sticker or yard waste tag or sticker.
REFUSE STICKER: A preprinted sticker which evidences advance payment for the collection and disposal of garbage, rubbish, refuse and junk.
YARD WASTE TAG OR STICKER: A preprinted tag or sticker which evidences advance payment for the collection and disposal of compostable materials.
(B) It shall be unlawful for any person, other than a scavenger licensed under Section 7-1-2 of this Chapter, to remove any items in or adjacent to City recycling containers, including, but not limited to, newspapers, aluminum cans, plastic jugs and glass bottles or containers.
(C) The theft of any City recycling container, refuse sticker or yard waste tag or sticker, shall be unlawful, and any person, other than the owner, violates this provision when he knowingly:
1. Obtains or exerts unauthorized control over a City recycling container, refuse sticker, or yard waste tag or sticker; or
2. Obtains, by deception, control over a City recycling container, refuse sticker, or yard waste tag or sticker; or
3. Obtains, by threat, control over a City recycling container, refuse sticker, or yard waste tag or sticker; or
4. Obtains control of a stolen City recycling container, refuse sticker or yard waste tag or sticker, knowing the City recycling container, refuse sticker, or yard waste tag or sticker to have been stolen by another under such circumstances as would reasonably induce such person to believe that the property was stolen; and
(a) Intends to permanently deprive the owner of the use or benefit of the City recycling container, refuse sticker, or yard waste tag or sticker; or
(b) Knowingly uses, conceals, or abandons the City recycling container, refuse sticker, or yard waste tag or sticker in such manner as to permanently deprive the owner of such use or benefit; or
(c) Uses, conceals, or abandons the City recycling container, refuse sticker, or yard waste tag or sticker, knowing such use, concealment or abandonment will probably permanently deprive the owner of such use or benefit.
(D) No person shall damage, by any means, a City recycling container, without the consent of the City. (Ord. 0-37-90, 6-18-1990)