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<br />Not specifically prohibited, however, is a situation where a person takes his/her litter and, for <br />whatever reason, places it into a waste receptacle belonging to another. This is more likely to <br />occur with waste receptacles on multi-family projects, commercial establishments or public <br />facilities, such as the City, where there are large waste containers that are enclosed on three <br />sides but otherwise accessible by members of the public. From time to time City staff receives <br />complaints from apartment managers or business operators who find that someone without <br />permission has placed litter in the apartment'slbusiness' waste container. They would like to <br />post signs indicating that it is unlawful to do that and cite a section of the Municipal Code. <br />Because there is no existing express prohibition in the Code, staff is recommending that the <br />Code be amended to address this matter. <br />DISCUSSION <br />This Ordinance, if adopted, will provide property owners (including the City) whose waste <br />receptacles are generally accessible to the public the opportunity to post signs to wam persons <br />who are not otherwise authorized to place litter into those receptacles, that it is unlawful to do <br />so. Presumably that will persuade most persons not to do that. Notwithstanding that <br />admonition, if someone should place litter in a receptacle without permission and if that person <br />can later be identified, it would allow Code Enforcement to issue a citation to the violator. <br />FISCAL IMP ACT <br />There will be no fiscal impact by adoption of this ordinance. <br />RECOMMENDATION <br />Staff recommends that the attached ordinance be introduced, with a second reading in November. <br />Respectfully Submitted, <br />- Y?t[UAU/1! P <br />Michael H. Roush Nelson Fialho <br />City Attorney City Manager <br />Attachment <br />SR:05:282 <br />Page 2 of2 <br />