§ 54.09 OWNERSHIP OF RECYCLABLE MATERIALS SET OUT FOR CURB-SIDE COLLECTION.
   (A)   Intent. The intent of this subchapter is to prevent the unauthorized collection of materials that are designated as recyclables and set out as part of the city’s curb-side recycling program. The theft of these materials will deprive the contractor of their market value and forces overall costs to go up. These costs will eventually be passed on to the citizens of the city. The city will also be deprived of credit for recycling tonnage reported to the county and the state.
   (B)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONTRACTOR. Any person/firm that has entered into a written contract with the city for the collection of garbage, rubbish, recyclables, and yard waste.
      CURB-SIDE RECYCLING PROGRAM. The organized collection of items designated as recyclable by the contractor in accordance with the city’s plan.
      ITEMS DESIGNATED AS RECYCLABLE. Items agreed upon by the city and the contractor to be collected in the curb-side recycling program.
      SET OUT FOR COLLECTION. The placing of materials designated as recyclables by the residents of the city at curb side for collection by the contractor.
      UNAUTHORIZED COLLECTION (SCAVENGING). The collection by any person(s) other than the contractor or his or her authorized representative of materials that are designated as recyclables and set out for collection by the residents.
   (C)   Prohibition of unauthorized collection of materials set out for the curb-side recycling program.
      (1)   The materials designated as recyclable shall be the sole property of the city from the time of set out for collection by the resident or when placed in the designated containers in the case of multiple units until collection by the contractor. At the time of collection, items designated as recyclable shall become the sole property of the contractor.
      (2)   The designation of recyclables shall be accomplished by mutual agreement between the city and the contractor.
      (3)   It shall be unlawful for any person(s) other than the authorized contractor or his or her representative to collect any items that are designated as recyclables and set out for collection as part of the city’s curb-side recycling program.
(Prior Code, § 7-6-10) (Ord. 182, passed 10-23-1989; Ord. 358, passed 1-8-2001) Penalty, see § 54.99