HomeMy WebLinkAbout05 ANTI-SCAVENGING 03-07-94NO. 5
3-7-94
.)ATE:
MARCH 7, 1994
Inter-Corn
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: INFORMATION REGARDING ANTI-SCAVENGING ORDINANCES
(P.W. FILE NO. 2053)
RECOMMENDATION:
'It is recommended that the City Council receive and file this
information.
FISCAL IMPACT:
None.
BACKGROUND:
Councilmember Pontious requested a report regarding anti-scavenging
solid waste ordinances in response to concerns raised by residents and
community organizations regarding individuals digging through trash
receptacles and removing recyclable materials. In response to this
request, staff researched the City's existing solid waste ordinances, as
well as those in neighboring jurisdictions.
DISCUSSION:
The purpose of the adoption of anti-scavenging ordinances is to make it
illegal for anyone to remove recyclable materials set out for collection
by a waste hauler. Typically, these ordinances are adopted in areas
that have curbside source-separated programs where the incidents of
scavenging are higher because the materials are already separated and
the "scavengers" can remove them quickly. In some areas, the scavengers
operate as a business and are familiar with routes and collection days.
cities in Orange County with anti-scavenging ordinances include Irvine,
Orange, Mission Viejo and Laguna Beach.
Scavenging in Tustin does exist; however, at a much decreased level, as
our program is commingled, and is not convenient for scavengers. It
should be pointed out that Section 4332 of the Tustin City Code already
restricts access to solid waste material removal in the City. It reads
as follows: "No person other than those specified above (the
contractor), shall gather, collect or remove any solid waste material
from any premises or take any material from any receptacle in which the
same may be placed for collection or removal, or interfere with or
disturb any such receptacle or remove any such receptacle from any
location where the same is placed by the owner or occupant thereof or
remove the contents of any such receptacle..."
Thus scavenging is already illegal pursuant to this section of the City
Code. The City of Santa Ana has a similar code section which they
utilize to enforce anti-scavenging.
It is important to n. = that the adoption or e~ aence, of an ordinance
or code section is not effective in itself to di~courage'the.~Cave~ging
activity. Rather, in order to be effective, the ordlna~be Or ~6d~
section must be enforced by an authorized individual (Police Officer or
Code Enforcement Officer, if authorized). Enforcement, however, is
difficult for a couple of reasons. First, it is extremely difficult to
catch the scavengers in the act. They operate during late night or
early morning hours and they move quickly. Secondly, with limited staff
resources, response to calls regarding scavenging must be prioritized
and therefore may not be acted upon immediately. Irvine, for example,
dispatches police department personnel to respond to scavenging
complaints only if there are no other calls requiring attention.
Because of the way scavengers operate unless they are caught
immediately, they probably won't be caught at all. Staff encourages
residents who are concerned about individuals scavenging through their
trash receptacles to not place them out for collection until the morning
of their scheduled pick-up and commercial customers with similar
concerns are advised to place locks on their enclosures.
Finally, the impact that scavenging activity has on our overall mandated
recycling goal of 25% by 1995 and 50% by 2000 is not significant. The
scavengers are primarily removing aluminum, glass and plastic beverage
containers which are iow in weight. Because our MRF recyling program
involves the collection of several other types of materials heavier in
weight, the amount of material being scavenged is not vital to our
meeting the State mandated diversion goals at this time. Also, the
scavengers are ultimately recycling the material, thus it is still being
diverted from landfill disposal.
Robert S. Ledendecker
Director of Public Works/City Engineer
Please let me know if further information is required.
~at~i~e- Pitcher
Administrative Assistant II
RSL: KP: ccg.' antiscav