8.12.501 Compliance with state anti-scavenging law.
A. Residential Recyclables. No one other than a permitted recycler may remove materials that are discarded in carts (or other containers) that meet both of the following requirements:
1. Recyclables Carts. Carts are identified (for example, by color, symbol or words) for discard of "recyclable" solid waste designated by the permitted recycler; and
2. Recyclables Set-Out Site. Carts are placed at a residential set-out location designated under a franchise agreement for collection by a franchised hauler or for the city (or someone else authorized by the city to collect those recyclables).
Examples of such recyclable materials are paper, glass, cardboard, plastic, used motor oil, ferrous metal and aluminum and other materials designated in the city’s recycling programs.
Everyone must comply with Public Resources Code Section 41950(a).
B. Commercial Recyclables. No one other than a franchised recycler or the city (or someone else authorized by the city) may remove materials that are discarded in bins (or other containers) that meet both of the following requirements:
1. Bins are identified (for example, by color, symbol or words) for discard of recyclable solid waste designated under agreement between the owner or user of the bin and either the franchised hauler, the city or permitted recycler (or another authorized by the city); and
2. Bins placed at either set-out location listed below may not be removed by anyone other than the permitted recycler:
a. At commercial or industrial premises; or
b. At multifamily residential complexes.
Everyone must comply with Public Resources Code Section 41951(b).
C. Actions to Enforce Law. Upon city request, permitted recyclers will do either or both of the following:
1. Institute actions against anyone alleged to have violated Public Resources Code Section 41950 or 43951; and
2. Seek treble damages or a civil penalty under Public Resources Code Section 41953. (Ord. 633 (Att. A), 2013).