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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