To reduce the waste stream generated by citizens of Encinitas, the City Council permits residential curbside and commercial recycling programs. Scavenging of recyclables from the program undermines the participation of residents and businesses. The regulations in this chapter are intended to eliminate scavenging.
(Ord. 89-18)
Whenever the following words and phrases are used in this chapter, they shall have the definition or meaning established by this section, unless it is clearly apparent from the context in which the word or phrase appears, that a different definition or meaning is intended.
"City agent"
means any person designated by the City Manager or City Council as being responsible for administering, directing, supervising, collecting or providing for the disposal of garbage, rubbish, and other refuse.
"Permittee"
means a recycling operator issued a permit by the City Council, pursuant to the procedures established by this title.
"Recyclable materials"
means paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, compostable yard (e.g., tree trimmings, grass clippings, and other vegetative matter) or other materials which may be recycled for use an altered form that has been segregated from other solid waste, and placed at a designated collection location for the purpose of collection and recycling.
"Recycling"
shall have the meaning established by Government Code Section 66716.5.
"Recycling operator"
means a person or persons, firm, partnership, joint venture, association, or corporation engaged in the collection and recycling of waste and other discarded materials.
(Ord. 89-18)
A. 
It is unlawful for any person, other than the owner thereof, the owner's agents or employees, a City agent, or a permittee, or a permittee's agents or employees to do any of the following:
1. 
Tamper or meddle with a container for recyclable materials;
2. 
Tamper or meddle with the contents of any container for recyclable materials;
3. 
Remove the contents of any container for recyclable materials;
4. 
Remove any container for recyclable material from the location where container has been placed by the owner of the container or owner's agent; or
5. 
Remove, or tamper or meddle with, any recyclable material set out for collection, pursuant to the provisions of this title, on private property or on any sidewalk, street or public right-of-way.
B. 
The provisions of this section do not apply to:
1. 
A permittee performing under the authority of their permit;
2. 
A City agent performing within the authority granted by the City; or
3. 
The owner (or the owner's authorized representative) of the recyclable materials or its container.
(Ord. 89-18)