(A) It is hereby prohibited for any unauthorized person to move, disturb, tamper with, rummage through, explore, tip over, scavenge from or remove any garbage, waste, refuse or recyclable materials from any container thereof placed for collection by an owner or occupant of property within the village or to perform any of such acts upon any container (including the contents thereof) in which garbage, waste, refuse or recyclable materials have been placed for collection by an owner or occupant of property within the village. For the purposes of this section, any property, items or materials shall be deemed to be "garbage, waste, refuse or recyclable materials placed for collection" if the same are placed in the time, place and manner required by the village and/or the person or entity contracted with by the village or the owner or occupant of property within the village for the collection and removal of the same.
(B) Unauthorized person means any person except the owner or occupant of the property from which the garbage, waste, refuse or recyclable materials have been placed for collection, any employee or authorized agent of the owner or occupant of such property, any personnel or employees of any person or entity contracted with by the village or by the owner or occupant of such property to remove garbage, waste, refuse or recyclable materials or any personnel, officer or employees of the village or any other governmental agencies when engaged in the performance of their official duties.
(C) Notwithstanding the foregoing, it shall not be unlawful for any person to remove or collect uncontainerized materials or items placed adjacent to or in close proximity to containers of garbage, waste, refuse or recyclable materials for purposes of repairing or reusing the same, provided, however, that any such removal or collection of any such items or materials shall be subject to the following restrictions and limitations:
(1) Such removal and collection shall only take place on the date established pursuant to village or private contract for the removal and collection of containers of garbage, waste, refuse or recyclable materials, and on such date shall only take place after the 6:00 a.m.;
(2) No person or entity engaged in any such removal or collection shall park or store any vehicle used in connection with such removal or collection in any location within the village that is open to public view or that is viewable from any adjacent lot or parcel of property when such vehicle is visibly loaded with or bearing any items or materials removed or collected as contemplated hereby, whether such removal or collection is made from locations within the village or from locations outside the village, except that vehicles actively engaged in removal or collection activities as contemplated hereby may park or stand temporarily but only for so long a period of time as is required to effectuate the removal or collection of items or materials; and
(3) No items or materials obtained from any removal or collection activities contemplated hereby may be kept or stored at any location within the village other than in a fully enclosed building or structure, and in compliance with the applicable requirements of the Village Zoning Ordinance, including but not limited to the applicable district regulations thereof.
(Ord. 08-0706, passed 9-3-08) Penalty, see § 92.99