951.17  THEFT OF RECYCLABLE MATERIALS.
   (a)    Classification.  "Recyclable materials," as that term is used in this section, means the following materials, as defined in subsection (b) below, which materials, if discarded or disposed of, must be recycled:
      (1)    Cardboard.
      (2)    Glass food containers.
      (3)    Metal food containers.
      (4)    Newspaper.
      (5)    Office paper.
      (6)    Scrap metal.
   (b)   Definitions.  The following terms shall have the following meanings:
      (1)   “Cardboard” means corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
      (2)   “Glass food container” means a glass bottle or jar of any size or shape used to package food or beverage product suitable for human or animal consumption.
      (3)   “Metal food container” means an aluminum, bimetal, steel, tinplated steel or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.
      (4)   “Newspaper” means used or discarded newsprint which has a minimum of contamination by food or other material.
      (5)   “Office paper” means used or discarded high-grade white paper and manila paper, including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination by food or other material. Office paper generated by households is excluded from this definition.
      (6)   “Scrap metal” means used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods such as refrigerators, stoves, washing machines and like appliances and metal food containers.
   (c)   Scavenging Prohibited.
      (1)   Immediately upon the placing of recyclable materials for collection or pickup, it shall be unlawful for any person other than the party disposing of the recyclables or authorized agents of the town to disturb, collect or pick up or cause to be disturbed, collected or picked up any such recyclable materials or container thereof. Each such container and/or its contents unlawfully disturbed, collected or picked up shall be a separate offense.
      (2)   No person shall scavenge at the town transfer station or recycling centers without permission of the City Manager.
   (d)   Containers Protected.  No person shall steal, make off with or deliberately damage or cause damage to a recycling container or other container used for recycling recyclable materials.
   (e)   Penalty.  Any person violating any provision of this section or of the regulations adopted or promulgated pursuant to this section, in addition to other remedies and except where otherwise provided, shall be cited or fined not more than one hundred dollars ($100.00) for each offense, and each day of violation of this chapter or of the regulations, shall be a separate violation.
   (f)   Rules of Construction
      (1)   Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular.
      (2)   Words importing the masculine gender may be applied to females and words importing the feminine gender may be applied to males.
   (g)   Severability.  If any word, clause, section or provision of this section is found to be invalid, such finding shall not affect the validity of any part, provided that such other part may be given effect without reference to the invalid part or parts.
(Ord. 2008-2.  Passed 6-17-08.)