Meeting Date: JANUARY 06, 2015
Agenda Item #1. Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.
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AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance Amending the City’s Municipal Code by Adding Chapter 8-8 Prohibiting Unauthorized Entry into Waste Containers.
MEETING DATE: January 6, 2015
PREPARED BY: Jose M. Sanchez, City Attorney
REVIEWED BY: Jose Antonio Ramirez, City Manager
Introduce and Waive the first reading of Ordinance No. _, amending the City’s Municipal Code to prohibit the unauthorized entry into waste containers, declare the unauthorized entry into waste containers to be a public nuisance, and establish penalties for violations of the Ordinance.
Chapter 2 of Title 8 of the City’s Code regulates waste and recyclable materials. Some residents have complained that individuals have entered into their waste containers without authorization to rummage through trash. Rummaging in waste containers raises concerns about the theft of personal information for criminal purposes, unsightly behavior, the emptying of trash onto sidewalks and right-of-ways, and health concerns for those engaging in said behavior. The proposed Ordinance will add clarification and clear penalties for unauthorized persons rummaging in waste containers.
Adoption of this Ordinance will amend the Livingston Municipal Code to prohibit the unauthorized entry into waste containers and establish penalties for violations of said regulation. Prohibiting the unauthorized entry into waste containers would provide City staff and residents with a tool to prevent individuals from rummaging through trash to gain access to personal information to engage in identity theft. In addition, the prohibition would authorize City staff to administratively cite individuals found to be rummaging through waste containers without permission from the property owner. The adoption and enforcement of the Ordinance would promote the public health, safety and welfare of the City’s residents while increasing the quality of life.
Individuals found to be in violation of the Ordinance would receive a warning for their first violation. A second violation of the ordinance within a twelve (12)-month period would result in a Twenty-Five Dollar ($25) fine, and a third (or subsequent) violation in a twelve (12)-month period would lead to a Fifty Dollar ($50) fine.
1. Ordinance No.
CITY OF LIVINGSTON
ORDINANCE NO. —-
AN ORDINANCE OF THE CITY COUNCIL OF LIVINGSTON AMENDING THE CITY’S MUNICIPAL CODE BY ADDING CHAPTER
8-8 PROHIBITING UNAUTHORIZED ENTRY INTO WASTE CONTAINERS
WHEREAS, Chapter 8-2, “Wastes and Recyclables Material,” establishes regulations for the safe and sanitary collection and disposal of waste and recyclables within the City; and
WHEREAS, the City now wishes to impose further regulations prohibiting unauthorized entry into waste and recyclable containers in order to protect the public health, safety, and general welfare of the City’s residents; and
WHEREAS, this Ordinance will help the City protect its residents against the unattractive, annoying and unsafe effects of unauthorized rummaging of waste containers, including identity theft, uncleanly sidewalks and City rights-of-way, and trash being thrown or left on City streets.
THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Chapter 8-8, “Prohibition Against Unauthorized Entry into Waste Containers,” is hereby added to Title 8, “Health and Sanitation,” of the Livingston Municipal Code to read as follows:
Chapter 8-8 PROHIBITION AGAINST UNAUTHORIZED ENTRY INTO WASTE CONTAINERS
8-8-2 Prohibition Against Unauthorized Entry into Waste Containers. 8-8-3 Public Nuisance.
The City Council finds as follows:
A. Allowing unauthorized individuals to rummage through waste containers results in risks to the health, safety and general welfare of City residents.
B. Unauthorized entry of waste containers can lead to intruders obtaining information for identity theft. Unauthorized rummaging also results in trash being left in roadways and sidewalks, which impedes the flow of vehicular traffic and impairs the cleanliness and safety of the City’s rights-of-way.
C. Waste containers left open after the intrusion create a nuisance by attracting animals and insects.
D. Individuals rummaging through waste containers place themselves in danger of coming into contact with unknown contaminants.
E. Prohibiting individuals from rummaging through waste containers will reduce the amount of recyclables being taken from the marked containers. As part of the City’s solid waste management, the City contracts with private haulers for the collection of solid waste and recyclables. The City and the private haulers factor revenues collected by the recyclables in establishing the collection rates for residents. The theft of recyclable goods increases the cost of waste collection for the City’s solid waste haulers which may result in an increase in rates for residents.
F. Allowing individuals to take recyclable goods that are left in designated waste containers negatively impacts the City’s ability to demonstrate compliance with the waste diversion mandates of Assembly Bill 939.
8-8-2 Prohibition Against Unauthorized Entry into Waste Containers.
It shall be unlawful for any person, except the owner, or someone with the owner’s consent, or authorized City, County, State or Federal personnel, or employees of the solid waste company contracted by the City to collect solid waste and/or recyclables in the performance of their duties, to rummage, explore, tamper with, move, remove, tip, deface, destroy, scavenge or otherwise search waste or recyclable containers or the contents thereof.
8-8-3 Public Nuisance.
Rummaging, exploring, scavenging, or otherwise searching a waste container, as prohibited by Section 8-8-2 above, is a violation of the provisions of this Chapter and is hereby declared a public nuisance
A. A violation of this Chapter shall be deemed an administrative citation pursuant to Chapter 1-18 of this Municipal Code.
B. Any person receiving an administrative citation for violating this Chapter may be punished by:
1. A warning for the first violation;
2. A fine of not more than Twenty-Five Dollars ($25.00) for a second violation of the same section within a twelve (12)-month period; and
3. A fine of not more than Fifty Dollars ($50.00) for a third (or subsequent) violation of the same section by the same person within a twelve (12)-month period.
C. Any person receiving an administrative citation may contest the citation by following the procedures set forth in Chapter 1-18 of this Municipal Code (Sections 1-18-10 – 1-18- 13).
D. This Chapter and the penalties under this Section shall be in addition to any relief provided for under Chapter 8-2 for violations of Section 8-2-15, titled “Scavenging Prohibited.”
SECTION 2. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise provided by law.
SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are severable. This City Council
hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.
Introduced: , 2015 Passed and Adopted:
RODRIGO ESPINOZA, Mayor of the City of Livingston
State of California ) County of Merced ) City of Livingston )
I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the _ day of , 201_, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this day of , 201_, by the following vote:
ANTONIO SILVA, City Clerk of the City of Livingston