(A) 
No person, other than the franchisee, shall remove recyclable materials, as defined in the current City-franchisee franchise agreement, that have been segregated and placed for collection.
(B) 
No person shall be subject to prosecution for violation of this Section, unless the person knows or should know that the materials would otherwise be collected by the franchisee for the purpose of recycling.
(C) 
From the time of placement for collection as specified in subsection (A) of this Section, the recyclable materials are the property of the franchisee.
(D) 
Recycling receptacles are subject to the provisions of SJBMC 5-4-305.
(A) 
The City may determine, pursuant to State law, if a collection franchise shall be awarded exclusively or nonexclusively, with or without competitive bidding. The City Council shall specify the duration of the franchise agreement or permit and shall specify, by resolution, an appropriate franchise fee.
(B) 
The City Council or Board of Supervisors may grant nonexclusive solid waste collection franchise agreements or permits for roll-off collection in the City limits. The franchise agreements or permits shall be known as “roll-off collection” and shall be granted subject to any franchise fees that may be established by Council resolution. In no case shall that franchise fee exceed that which is charged for the exclusive franchise.
(C) 
It is unlawful for any person to engage in a commercial enterprise to collect solid waste or recyclables in the City limits unless the person has been granted a franchise or permit to collect solid waste, or unless the person is exempt from the franchise requirement.
No building permit shall be issued until a solid waste diversion plan has been submitted to and approved by the Building Official. Failure to submit a plan shall prevent the issuance of a building or demolition permit. Permittees are required to divert a minimum of fifty percent (50%) of their waste. Failure to divert fifty percent (50%) of the waste generated from a project will result in a penalty established by resolution of the City Council. Funds generated from any penalties collected will be set aside in a separate fund for waste diversion activities in the City of San Juan Bautista. Final occupancy or sign-off will not be issued until the permittee has submitted their waste diversion documentation (landfill and/or recycling receipts demonstrating diversion) and/or paid the penalty, if any, to the City of San Juan Bautista. A template to complete a solid waste diversion plan is available for permittee use.