(A) Except for the regular collection of garbage by the city's authorized refuse collection contractor, it shall be unlawful for a person, other than the account customer, owner or occupant of the premises for which the cart or bin has been provided, to open or enter a cart or bin for the purpose of viewing, handling, inspecting or tampering with anything therein or retrieving anything therefrom, regardless of value.
(B) It shall be a defense to prosecution under this section that the person opening or entering the cart or bin was recovering items such as aluminum cans, glass, newspaper or cardboard for legitimate recycling purposes. However, the defense shall not be available to a person who has spilled or removed garbage from a cart or bin and who fails to replace the garbage to the cart or bin from which it was spilled or removed.
(C) Notwithstanding the provisions of division (B) above, the owner or occupant of the premises for which the cart or bin has been provided shall have the absolute right to prevent and prohibit any person from opening or entering the cart or bin.
(D) This section shall not apply to a duly licensed peace officer or health official in the performance of their official duties for a governmental agency.
(Ord. 611, passed 11-14-2000) Penalty, see § 50.99