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1 ORDINANCE NO. _______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, AMENDING SECTION 8.44.050 AND ADDING SECTION 8.44.065 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO REFUSE, YARD TRIMMINGS
AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL
WHEREAS, the Glendale Municipal Code, 1995, has historically prohibited scavenging in containers used for the purpose of storage and collection of refuse and containers used for the purpose of storage and collection of recyclable materials; and WHEREAS, on February 2, 2021, the City Council adopted Ordinance No. 5971, which updated standards for recycling collection to comply with state regulations; and WHEREAS, Ordinance No. 5971 codified section 8.44.050 as it currently appears in the Glendale Municipal Code, 1995; and
WHEREAS, section 8.44.050 of the Glendale Municipal Code, 1995, establishes that title to materials placed in collection containers, which are placed at an area for servicing by the collector, becomes property of the collector, and that title to prohibited materials remains with the generator unless they are expressly accepted by the collector; and
WHEREAS, section 8.44.050 of the Glendale Municipal Code, 1995, further establishes that ownership and rights to recyclable material are vested in the collector once such recyclables have been placed in the designated collection container by a resident or commercial entity, and that such ownership and title rights transfer to the authorized collector when the same removes such recyclables from the designated collection location; and
WHEREAS, section 8.44.050 of the Glendale Municipal Code, 1995, simplifies the historical prohibition on scavenging to a single clause that states, “Scavenging is prohibited in the city . . .”; and
WHEREAS, the scavenging prohibition set forth in section 8.44.050 of the Glendale Municipal Code, 1995, albeit streamlined, does not define the act of “scavenging,” and thus, may not capture the full scope of prohibited conduct or adequately equip the Glendale Police Department to enforce the prohibition; and WHEREAS, over the two-year period between August 2024 and August 2026, the Glendale Police Department has received 95 calls for service due to scavenging; and
WHEREAS, scavenging jeopardizes the health of scavengers and risks their physical injury as containers may include, without limitation, harmful bacteria, mold, rotting organic matter, chemicals, pests, fecal matter, broken glass, sharps, or metal; 1 8
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1 causes a public nuisance and environmental harm as scavengers scatter trash in search of valuables, which may attract vermin and obstruct flood control infrastructure; causes noise pollution as scavengers rummage through bins late at night and early in the morning; and infringes upon the property rights and obligations set forth in section
8.44.050 of the Glendale Municipal Code, 1995; and
WHEREAS, the frequency of calls for service over the past two years warrants clarifying and restating the city’s prohibition on scavenging.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:
SECTION 1. The above recitals are true and correct.
SECTION 2. Section 8.44.050 of the Glendale Municipal Code, 1995, is hereby amended to read as follows:
8.44.050 Ownership of materials.
Title to materials becomes the property of the collector once placed in the collection containers and placed at an area for servicing by the collector, except that the generator may reclaim any inadvertently discarded materials prior to collection. Title to any prohibited material placed in collection containers shall remain with the generator unless expressly accepted by the collector. All ownership and the rights to recyclable material shall be vested to the collector once such recyclables have been placed in the designated collection container by the resident or commercial entity. All ownership and title rights to recyclable materials shall be transferred to the authorized collector at the time the collector removes the material from the designated collection location.
SECTION 3. Section 8.44.065 of the Glendale Municipal Code, 1995, is hereby added to read as follows:
8.44.065 Tampering prohibited.
A. No person shall:
1. Tamper or meddle with any refuse receptacle;
2. Tamper or meddle with or remove the contents of any refuse receptacle, except for the generator thereof or the generator’s agents or employees, a duly authorized representative of the city, or a licensed refuse collector; or
3. Tamper or meddle with or remove recyclable materials that have been segregated from other wastes and placed at a designated location for the purpose of collection and recycling by the city or the city’s authorized agent, except for a duly authorized representative or agent of the city.
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1 B. Any person in violation of subsection A of this section shall be guilty of a misdemeanor.
SECTION 4. Compliance with California Environmental Quality Act. The City Council finds and determines that this Ordinance does not constitute a “project” pursuant to CEQA Guidelines section 15378, subdivision (a). Pursuant to CEQA Guidelines section 15378, subdivision (b)(2), a “project” does not include continuing administrative and maintenance activities, including general policy or procedure making, except as applied to specific instances not germane to this Ordinance.
Even if it is a “project,” the City Council finds and determines that this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines section 15301, in that it consists of the operation and maintenance of existing public facilities or topographical features, namely, existing highways and streets, sidewalks, gutters, and similar facilities, involving negligible or no expansion of existing or former use. Moreover, the City Council finds and determines with certainty that there is no possibility that the activity in question may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061, subdivision (b)(3).
SECTION 5. Severability. This Ordinance is adopted under the authority of the Charter of the City of Glendale and state law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provisions hereof. In this regard, the City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.
SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage.
Passed and adopted by the Council of the City of Glendale on the _____ day of _______________, 2026.
____________________________
Mayor
ATTEST:
_________________________
City Clerk
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1 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF GLENDALE )
I, Suzie Abajian Ph.D., City Clerk of the City of Glendale, certify that the foregoing Ordinance No. ___________ was passed by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the _____ day of _____________, 2026, and that the same was passed by the followed vote.
Ayes:
Noes:
Absent:
Abstain:
______________________________
City Clerk