HomeMy WebLinkAboutAgenda Bill 06.A 01/27/2003f
4
c -.
CITY OF PETALUMA, CALIFORNIA JAN . Z -7 ?001
AGENDA BILL
Agenda Title Adoption Of An.OrdinanceOf The Council Of The
Meeting Date:
ity Of Petaluma Amending. Petaluma Municipal- Code Chapter
January 27, 2003
8.16 To Add Sections 8.16.330 And 8.16.340 Prohibiting
Unauthorized Scavenging Of Garbage, Rubbish, and Recyclable
.Materials
Department City
Director
Contact Person
Phone. Number
Attorney
Richard. Rudnansky
_Richard Rudnansky
(707) 778 -4362
Cost ofProposal $0.00
Account Number. N/A
Amount Budgeted: N/A
Name of Fund N/A
Attachments to Agenda Packet Item
Ordinance
Summary Statement
Fearing identity theft, residents of the City of the Petaluf4 have voiced concerns regarding the
unauthorized removal of documents, from curbside recycling and solid waste receptacles. While Petaluma
Municipal .Code currently prohibits the unauthorized removal of solid waste from the City, the Code does
not specifically target the taking of items from curbside receptacles. California Public Resources Code §
41950 criminalizes the removal of . recyclable materials from curbside recycling receptacles after discard.
Additionally, the City under its police powers may criminalize any unauthorized removal of materials from
curbside solid waste receptacles,., Finally, effective January, 1, 2003, California Penal Code § 530(d)
criminalizes the taking of .documents that ,'will. be used for identity, theft purposes. The attached ordinance
amends Petaluma Municipal Code Chapter 8.16 to add two sections, that specifically criminalize the
nauthorized removal of items from curbside recycling and solid waste. receptacles. Along with Penal Code
§ 530(d),, these added sections to the Petaluma Municipal Code will strengthen the City's enforcement
powers against the theft of any solid waste within the City.
Council. Priority N /A.
Priorit (ies): N/A
Recommended City Council Action /Suggested Motion
Adopt The Attached. Ordinance Of The .Council Of The City Of Petaluma Amending Petaluma Municipal
Code Chapter 8.16 To Add Sections 8,J6.330 And'8.1:6.340 Prohibiting Unauthorized Scavenging Of
Garbage, Rubbish, and Recyclable Materials.
Reviewed„by RYna-nce Director:
Reviewed: . " ' Attorney
G', Date:
A _ roved v Manner:
I Date:
,:, r. -'�''
_
T,o d'ay's Date
Revision #and Date Revised;
File Cod'
#
January 27, 2003
IM #612677_2
0
l
CITY OF PETALUMA, CALIFORNIA
JANUARY 27 2003
AGENDA REPORT
FOR
Presentation "to Council and, Adoption Of An Ordinance Of The Council Of The 'City Of
`- Petaluma Amending Petaluma Municipal Code Chapter'8.16 To Add" Sections 8._16.330
And 8.16.340 Prohibiting Unauthorized Scavenging Of Garhage, Rubbish, and Recyclable
Materials
1. EXECUTIVE- iSUMMARY The _attached ordinance amends Petaluma Municipal. Code
Chapter 8.16 to add two sections that ;speciffcally criminalize the unauthorized removal
of items from: curbside recycling and solid waste receptacles.
2. BACK6R0UNn Fearing identity theft residents of the City. of the Tetaluma have voiced
concerns regarding the'unauthorized removal of documents from "curbside, - recycling and
solid waste receptacles. While. Petaluma Municipal Code currently prohibits the
unauthorized removal of solid waste from the City the Code does. not specifically target
the taking-of items from "curbside receptacles. California Public Resources Code § 41,950
criminalizes the.removal of recyclable materials from curbside.recycling receptacles after
discard. Additionally, the" City under its police powers may criminalize any unauthorized
removal of from .curbside solid waste receptacles. Finally, effective January 1,
2003, California Penal Code §" 530(d) criminalizes the taking of documents °that will be
used for identity theft purposes. The attached ordinance amends Petaluma Municipal
Code Chapter 8.16' to add two "sections that specifically criminalize thei unauthorized
removal of items from curbside recycling and solid waste receptacles. The City Attorney
has opined that.the addition of these provisions to the Solid Waste Ordinance, coupled
with the statutory powers noted above, will strengthen enforcement against any
unauthorized removal of solid waste, including that committed for identity purposes.
3. ALTERNATIVEs The City could continue enforcement ,of existing .Petaluma Municipal
Code Section 8.16.110. ,
4. FINANCIAL ° IMPACTS :. Unknown.
5. CONCLUSION Approval of the .attached ordinance amending Petaluma Municipal Code
Chapter 8.16 to add sections 8.16330 and 8.16.340.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION: New solid waste enforcement procedures. "
• 7. RECOMMENDATION The Council should approve the attached ordinance mending
Petaluma Municipal Code Chapter 8.16 to add sections 8.16.330 and 8.16.340.
IM #612678_2
2
ti
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
ORDINANCE NO.
Introduced by
N.C.S.
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE. CITY OF PETALUMA AMENDING
PETALUMA MUNICIPAL. CODE CHAPTER 8.1.6 TO ADD SECTIONS 8.16.330AND
8.16.340 PROHIBITING UNAUTHORIZED SCAVENGING OF GARBAGE, RUBBISH,
AND RECYCLABLE MATERIALS
17
18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
19 FOLLOWS:
20
21 Section L Amendment. Petaluma Municipal Code Chapter 8.16 is hereby amended to
22 add the fotlowing provisions:
23
24 "Section 8.16.330. Ownership of Discarded Garbage, .Rubbish and Recyclable
25 Materials.
26
27 Upon placement by the owner or occupant, of a premises of garbage,
28 rubbish, or recyclable materials in a receptacle designated for the
29 collection of these items by the garbage collector, the garbage and rubbish,
30 including all recyclable materials; shall become the property of the
31 garbage collector. The owner or .occupant of a premises shall have the
32 right up to the point in time that the garbage collector empties the
33 receptacle to retrieve° any item discarde&in error.
M
35 Section 8.16.340. Unauthorized Scavenging..
36
37 Except as. ,provided in this Chapter; no person shall access any
38 receptacle for the purpose of removing or taking garbage or
3.9 rubbish, including recyclable materials, placed therein for
40 collection, recycling or disposal by the garbage collector. No
41 person, other than an agent or employee of the City or the garbage
1
•
•
0.
2
4
5
6
7
8
9
10
11
12
13
collector shall remove or otherwise .interfere with any receptacle
that has been placed in a location appropriate for storage and/or the
collection of garbage or rubbish without- the prior written approval
of'the owner, occupant or other person in charge of the day to day
operation of the premises.
Section 2 . If any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
14 Section. 3 . This ordinance` shall become effective thirty (30) days after the date of -its
15 adoption by the Petaluma City Council.
16
Section 4 . The City Clerk is hereby directed to_ post this ordinance for the period and in
18 the manner required by the City Charter.
19
20 INTRODUCED and ordered posted/published this 27th day of January, 2003.
21
22 ADOPTED this day of
23
24
25
26
27
28
29
30
31
32
4 3
4
35'
36.
37
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
IM #612676_2
2003 by the following vote:
Mayor
APPROVED AS TO FORM:
City Attorney
2