Ordinance No. 868ORDINANCE NO. 868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, AMENDING SECTION 12 -24 OF THE CODE
OF THE CITY OF CYPRESS AND ADDING ARTICLE IV,
"UNAUTHORIZED COLLECTION OF RECYCLABLE
MATERIALS," TO CHAPTER 12 OF THE CODE OF THE
CITY OF CYPRESS
WHEREAS, the City Council of the City of Cypress has
determined it is in the best interests of the City of promote
recycling of discarded waste materials; and,
WHEREAS, it has been determined that recyclable
materials set out by the citizens of Cypress for collection by
the contractor are being collected by unauthorized persons and
such unauthorized collection may have serious adverse effects on
the success of the City's recycling programs.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. Section 12 -24 is hereby amended to ready
as follows:
"Sec. 12 -23. Same - Placement for collection.
When the collection and removal of rubbish and
waste material is desired, the receptacles shall be
placed along the street curb in front of the premises
from which the rubbish or waste material is to be
removed, or along the property line of the alley in
the rear of or at the side thereof, according to the
route prescribed by the City Manager along such
street or such alley, on the days prescribed by the
City Manager for the collection of rubbish or waste
material, as the case may be, on such route. No
person shall place any receptacle for or containing
rubbish or waste material in any street, alley, or
public highway of the City at any time earlier than
6:00 p.m. on the day preceding any day designated for
collection or in any place other than as above
provided, or allow any receptacle for rubbish or
waste material placed by him or her in any such
street, alley, or highway or found standing in any
such street, alley, or highway in front of or at the
side or rear of the premises occupied by him or her
to be or remain therein at any time later than 6:00
p.m. on the day designated for collection after such
receptacle has been emptied by the agents, servants,
or employees of the City or any contractor with whom
it has made a contract for that purpose.
The following materials shall be placed for
collection as follows:
(a) Branches of trees, hedges, etc., shall be cut
in lengths of not over four (4) feet and placed in
containers.
(b) All vacuum cleaner dust, sweepings, or ashes
shall be placed in enclosed containers."
SECTION II. Article IV, "Unauthorized Collection of
Recyclable Materials," is hereby added to Chapter 12 of the Code
of the City of Cypress to read as follows:
"Article IV
UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS
Sections:
12 -40 Definitions.
12 -42 Ownership of Recyclable Waste Material.
12 -44 Unauthorized Collection Prohibited.
12 -46 Right of Individual to Dispose of Recyclable
Material.
12 -48 Enforcement - Authority
12 -50 Civil Action By Authorized Recycling Contractor.
12 -40 Definitions. For the purposes of this Article,
the following words and phrases shall have the meanings
respectively ascribed to them by this Article.
Authorized Recycling Contractor. A person, firm,
partnership, corporation or other entity authorized under and by
virtue of a contract and /or franchise with the City to collection
recyclable waste material in the City.
Designated Recycling Collection Location. The place
designated in the contract or franchise between the City and an
authorized recycling contractor where the authorized recycling
contractor has contracted to pick -up recyclable waste material.
'Designated recycling contraction location' includes, but is not
limited to, the curbside of a residential neighborhood or the
service alley of a commercial enterprise.
Recyclable Waste Material. Discarded materials
including, but not limited to, paper, glass, cardboard, plastics,
metal, aluminum, which have been separated from other waste
material for the purpose of recycling.
Recycling. The process of collecting, sorting,
cleansing, treating, and reconstituting materials that would
otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary
to be used in the marketplace.
12 -42 Ownership of Recyclable Waste Material. Upon
placement of recyclable waste material at a designated recycling
collection location for collection by an authorized recycling
contractor, the recyclable waste material shall become the
property of the authorized recycling contractor.
12 -44 Unauthorized Collection Prohibited. During the
twenty -four (24) hour period commencing on 6:00 p.m. on the day
preceding any day designated for collection of recyclable waste
material, no person, other than the authorized recycling
contractor, shall remove recyclable waste material which has been
placed at a designated recycling collection location for the
purposes of collection and recycling. No person shall be subject
to an action for a violation of this section unless the person
knows or reasonably should know, that the materials would
otherwise be collected by the authorized recycling contractor for
the purpose of recycling the materials. Any and each such
collection in violation hereof from one or more designated
recycling collection locations during said twenty -four (24) hour
period shall constitute a misdemeanor and a separate and distinct
offense punishable in accordance with Section 1 -7 of this Code.
12 -46 Right of Individual to Dispose of Recyclable
Waste Material. Nothing in this Article shall limit the right of
any person, organization, or other entity to donate, sell, or
otherwise dispose of his or her recyclable waste material in a
lawful manner.
04'.•1
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12 -48 Enforcement - Authority. The Police Department
shall have the authority to enforce the provisions of this
Article. This authority shall be in addition to the authority
granted to police officers pursuant to this Code.
12 -50 Civil action By Authorized Recycling Contractor.
Nothing in this Article shall be deemed to limit the right of an
authorized recycling contractor to bring a civil action against
any person who violated Section 12 -44 of this Code, nor shall a
conviction for such violation exempt any person from a civil
action brought by an authorized recycling contractor."
SECTION III. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases,
or portions thereof be declared invalid or unconstitutional.
SECTION IV. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to
give notice thereof by causing copies this Ordinance to be posted
in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of
said City held of the 10th day of June , 1991
and finally adopted and order posted at a regular meeting held on
the 24th day of June , 1991.
ATTEST:
CITSC `CLERK O THE C
Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
MAYOR OF TH CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress,
California DO HEREBY CERTIFY that the foregoing Ordinance was
duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the 24th day of June , 1991,
by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson,
Partin and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0
ABSENT: 0
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
HE C OF CYPRESS