Ordinance 1990-03ORDINANCE NO. 90-3
AN ORDINANCE OF THE CITY OF GILROY ENACTING
CHAPTER 12, ARTICLE IV OF THE G1LROY CITY CODE
PERTAINING TO RECYCLABLE MATERIALS'
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
SECTION I. Chapter 12, Article IV of tha Gilroy City
Code is enacted to read as follows:
CHAPTER 12
ARTICLE IV, RECYCLABLE MATERIALS
Sec. 12.57.
Collection of recyclable' materi~als by unau't'hor'ized
persons' prohz~'~bited.
It is unlawful for any person, business, or entity,
other than the City of Gilroy's official authorized recycling
agent to collect recyclable materials in the City of Gilroy
unless excepted by the provisions of this ordinance, or
~state or federal law.
Sec. 12.58. Recyclable materials proPerty of recyclable agent.
From the time of placement of recyclable materials at the
curbside, or other appropriate designated collection locations or
in any container used for recycling provided by the authorized
recycling agent, said recyclable materials shall be and become
the property of~ the authorized recycling agent.
Sec. 12.59. UnaUthorized Use ~of 'containers p~rohibited.
The use of receptacles or other containers provided by the
authorized recycling agent or the pick-up of such recyclable
materials from any designated collection location by anyone
other than the authorized recycling agent is prohibited.
Sec. 12.60. Violations are infractions.
Any person engaged in the activities prohibited in section
12.59 is guilty of an infraction.
Any such prohibited activity in more than one location
within the City of Gilroy shall constitute a separate and distinct
offense.
ORDINANCE NO. 90-3
Sec. 12.6t. Al'ternative~enfor~c'er~ent.
As an alternative to criminal enforcemant, both the
City of Gilroy and the authorized recycling agent have the
independent authority of civilly enforcing any provisions
of this ordinance, to and including the authority to seek
treble damages pursuant to California Government Code Section
66764. The City Administrator may invoke these remedies, or
any of them, whenever he/she deems it appropriate.
Sec. 12.62. Exceptions.
(a). Nothing contained in this ordinance shall preclude
any person, business, or other entity from disposing of segregated
recyclable materials without utilizing the City of Gilroy's
official authorized recycling agent, provided that the recyclable
materials.are disposed of by such persons individually
or by their agent~ to an authorized recyclable materials
collection site or station that has been duly approved and autho-
rized as such by an appropriate governmental authority or other
appropriate authority.
(b). Nothing herein contained shall prevent any person,
business, or other entity from allowing recyclable materials to
be picked-up, dropped-off, or otherwise donated to any charitable
entity.
(c). Nothing herein contained shall inhibit, regulate or
restrict any recycling center, nonprofit drop-off program or
recycling processor as permitted by "The Solid Waste Management
Resource and Recovery Act of 1972", or the "California Beverage
Container Recycling and Litter Reduction Act of 1986".
SECTION II. Ail other ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in
ORDINANCE NO. 90~3 -2-
full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 20th day of February 1990
by the following vote:
AYES~ COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NELSON
NO~E
ORDINANCE NO. 90-3
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 90-3 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 20th day of February , 19 90
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 22nd
19 90.
(Seal)
day of February