This topic comes
up periodically and now w/ metal prices high, it's here again in our community.
We and citizens are seeing (literally) theft from curbside bins, apartment and
commercial rescycling carts and both our staffed and unstaffed dropoff sites
(staffed site theft is accompanied by verbal threats, etc) (As I write this I
have a recollection of the late Black Panther founder Eldridge Cleaver being
caught taking cans out of curbside containers in Berkeley years ago --
points to anyone who can cite this incident)
We have consulted
with one of the four local law enforcement agencies in our community
and they in turn w/ local the DA's office and they conclude that this theft
is a criminal acts that can be prosecuted now with no changes to any County
ordinance,etc. . We have labeled all our containers at ten dropoff sites with
custom labels that indicate the materials are property of Orange County and not
to be removed by unauthorized persons. We have NOT labelled all the 30,000
curbside bins or 3,000 roll carts though the bins & carts THEMSELVES are
stamped "property of Orange County"
I have
several questions for the GROUP that some of you may have had experience
with.
Has anyone
successfully prosecuted recycling bin theft and how did that go? was it felony ,
misdeameanor, trespass, etc?
Where was the
theft? from curbside bins, apartment carts, commercial sites (we collect their
cans in carts separated from bottles, papers, etc) or dropoff
sites?
Does the site
owner or manager have to be involved in the prosecution? Our police preliminary
opinion was that they do although the carts and contents are public property the
site is located on private property so..........? Can an apartment complex
tenant call the observed theft in to police or does it have to be
owner/manager?
Was the
collection contractor involved in any prosecutions> our private urban
curbside program contractor 'owns' the materials in the bin once they're set at
the curb, but our contract indicates the County is obliged to help deter
theft.
Does your CIty or
County have a specific ordinance relating to prosecution for theft from any of
these containers?
Thanks for your
help all.
Blair Pollock
Solid Waste Planner
Orange County Solid Waste Management
Department
P.O. Box 17177
Chapel Hill, NC 27516-7177
(919) 968-2788 or direct: (919) 968-2800 x161
(919) 932-2900 fax
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