08-28-2010, 12:18 AM
Vancouver Washington and Recyclable Theft
Garbage & Recycling
Taking recyclables is against the law!
Donât Take Recyclables Without Permission
When recyclables become more valuable, they sometimes disappear from the curb before the regular collector can pick them up. The practice of taking recyclables without the ownerâs permission is called "scavenging," and its against the law. Basically, itâs the same as stealing, and anyone caught stealing recyclables may be charged with a misdemeanor and fined. Both the City of Vancouver and Clark County codes state, "No person shall remove recyclables placed out for collection without the consent of the generator or collector."
If you see someone in the process of stealing your recyclables, please call 9-1-1 with their physical description and license plate number, if possible.
If the thief has already gone, call the City of Vancouver Police Department, 360-487-7397 .
Top 10 Reasons Why Theft of Recyclables is a Problem
You donât want these folks in your neighborhood
Itâs a possible "gateway" crime â These people may begin to believe that its OK to take something if they are "desperate"
Thieves may be prowling or "casing" the neighborhood
Potential for personal or financial information to be obtained and used by a crook
Neatness doesnât count with these folks; they may leave the street and your lawn a mess
Scavengers can become abusive or violent if confronted
Response and follow-up on individual incidents is, understandably, a relatively low priority for law enforcement staff
Over-lapping criminal/civil laws, penalties, and enforcement strategies are not well coordinated
Loss of the higher valued materials (aluminum cans) ultimately means customers pay more
Vancouver residents get less credit for their efforts â reflected in lower recycling rate
Ideas for How an Effective Action Plan Might Help Reduce/Eliminate the Problem
Proactive and coordinated strategy/campaign throughout the City/County
Participation of residents, businesses, neighborhood organizations, Police, Solid Waste, Public Affairs, and others â Customer Advisory Panel
Clear instructions empowering residents to take lead role in their neighborhoods
Consolidated reporting, monitoring, and analysis system
Pre-prepared warning/penalty/follow-up and response efforts geared to first-time and/or repeat violators
Targeted, high quality promo./ed. campaign targeting both residents and scavengers
Regular and rotating efforts to track, apprehend, and follow-up with repeat violators
State of Washington Laws Related to Theft of Recyclables:
RCW 9A.56.050 Theft in the third degree.
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
(2) Theft in the third degree is a gross misdemeanor. [1998 c 236 § 4; 1975 1st ex.s. c 260 § 9A.56.050.]
CriminalPenalty:
RCW 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
RCW 70.95.235 Diversion of recyclable material--Penalty.
(1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under the authority of a town, city, county, or the utilities and transportation commission, and no person may divert to commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the person owning or operating such container
(2) A violation of subsection (1) of this section is a class 1 civil infraction under chapter 7.80 RCW. Each violation of this section shall be a separate infraction. [1991 c 319 § 407.]
Civil Penalty: RCW 7.80.120 Monetary penalties--Restitution.
(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.
(a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4), in which case the maximum penalty and default amount is five hundred dollars;
Vancouver Law Related to Theft of Recyclables:
VMC Section 6.12.216 - Removal of recyclables from bins and containers prohibited.
No person shall remove any recyclable material or solid waste placed in or immediately adjacent to a bin or a container as part of a city contracted solid waste or recycling program without the consent of the generator of such recyclable material or solid waste or of the collector owning or operating the bin or container under contract with or under authority of the city of Vancouver. (Ord. M-3193 § 23, 1995: Ord. M-3053 § 6, 1993)
Civil VMC Section 6.12.240 Enforcement
Penalty: (b) Enforcement Options. [Allows for either Criminal or Civil Penalties when a violation of VMC 6.12 occurs; explains intent to generally apply civil penalties for first time violations].
â¦â¦ subparagraph (2) © states: Any person who violates any provision of this chapter or fails to comply with an order to comply issued under this chapter shall be subject to a civil penalty. Each day the violation exists shall constitute a new violation.
For each violation defined above, the penalty shall be two hundred fifty dollars. The penalty shall be five hundred dollars for the second separate violation and one thousand dollars for the third and subsequent separate violations of the same chapter provision or regulation within any five-year period.
<!-- m --><a class="postlink" href="http://www.cityofvancouver.us/solidwaste.asp?menuid=10465&submenuID=10531&itemID=16597&sup=16605">http://www.cityofvancouver.us/solidwast ... &sup=16605</a><!-- m -->
Garbage & Recycling
Taking recyclables is against the law!
Donât Take Recyclables Without Permission
When recyclables become more valuable, they sometimes disappear from the curb before the regular collector can pick them up. The practice of taking recyclables without the ownerâs permission is called "scavenging," and its against the law. Basically, itâs the same as stealing, and anyone caught stealing recyclables may be charged with a misdemeanor and fined. Both the City of Vancouver and Clark County codes state, "No person shall remove recyclables placed out for collection without the consent of the generator or collector."
If you see someone in the process of stealing your recyclables, please call 9-1-1 with their physical description and license plate number, if possible.
If the thief has already gone, call the City of Vancouver Police Department, 360-487-7397 .
Top 10 Reasons Why Theft of Recyclables is a Problem
You donât want these folks in your neighborhood
Itâs a possible "gateway" crime â These people may begin to believe that its OK to take something if they are "desperate"
Thieves may be prowling or "casing" the neighborhood
Potential for personal or financial information to be obtained and used by a crook
Neatness doesnât count with these folks; they may leave the street and your lawn a mess
Scavengers can become abusive or violent if confronted
Response and follow-up on individual incidents is, understandably, a relatively low priority for law enforcement staff
Over-lapping criminal/civil laws, penalties, and enforcement strategies are not well coordinated
Loss of the higher valued materials (aluminum cans) ultimately means customers pay more
Vancouver residents get less credit for their efforts â reflected in lower recycling rate
Ideas for How an Effective Action Plan Might Help Reduce/Eliminate the Problem
Proactive and coordinated strategy/campaign throughout the City/County
Participation of residents, businesses, neighborhood organizations, Police, Solid Waste, Public Affairs, and others â Customer Advisory Panel
Clear instructions empowering residents to take lead role in their neighborhoods
Consolidated reporting, monitoring, and analysis system
Pre-prepared warning/penalty/follow-up and response efforts geared to first-time and/or repeat violators
Targeted, high quality promo./ed. campaign targeting both residents and scavengers
Regular and rotating efforts to track, apprehend, and follow-up with repeat violators
State of Washington Laws Related to Theft of Recyclables:
RCW 9A.56.050 Theft in the third degree.
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
(2) Theft in the third degree is a gross misdemeanor. [1998 c 236 § 4; 1975 1st ex.s. c 260 § 9A.56.050.]
CriminalPenalty:
RCW 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
RCW 70.95.235 Diversion of recyclable material--Penalty.
(1) No person may divert to personal use any recyclable material placed in a container as part of a recycling program, without the consent of the generator of such recyclable material or the solid waste collection company operating under the authority of a town, city, county, or the utilities and transportation commission, and no person may divert to commercial use any recyclable material placed in a container as part of a recycling program, without the consent of the person owning or operating such container
(2) A violation of subsection (1) of this section is a class 1 civil infraction under chapter 7.80 RCW. Each violation of this section shall be a separate infraction. [1991 c 319 § 407.]
Civil Penalty: RCW 7.80.120 Monetary penalties--Restitution.
(1) A person found to have committed a civil infraction shall be assessed a monetary penalty.
(a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4), in which case the maximum penalty and default amount is five hundred dollars;
Vancouver Law Related to Theft of Recyclables:
VMC Section 6.12.216 - Removal of recyclables from bins and containers prohibited.
No person shall remove any recyclable material or solid waste placed in or immediately adjacent to a bin or a container as part of a city contracted solid waste or recycling program without the consent of the generator of such recyclable material or solid waste or of the collector owning or operating the bin or container under contract with or under authority of the city of Vancouver. (Ord. M-3193 § 23, 1995: Ord. M-3053 § 6, 1993)
Civil VMC Section 6.12.240 Enforcement
Penalty: (b) Enforcement Options. [Allows for either Criminal or Civil Penalties when a violation of VMC 6.12 occurs; explains intent to generally apply civil penalties for first time violations].
â¦â¦ subparagraph (2) © states: Any person who violates any provision of this chapter or fails to comply with an order to comply issued under this chapter shall be subject to a civil penalty. Each day the violation exists shall constitute a new violation.
For each violation defined above, the penalty shall be two hundred fifty dollars. The penalty shall be five hundred dollars for the second separate violation and one thousand dollars for the third and subsequent separate violations of the same chapter provision or regulation within any five-year period.
<!-- m --><a class="postlink" href="http://www.cityofvancouver.us/solidwaste.asp?menuid=10465&submenuID=10531&itemID=16597&sup=16605">http://www.cityofvancouver.us/solidwast ... &sup=16605</a><!-- m -->