9b
26-90708
CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Introduction of Ordinance Prohibiting the Act of Scavenging in Containers Used for the Purposes of Storage and Collection of Refuse or Recyclable Materials
1. Introduction of 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.
COUNCIL ACTION
Item Type: Action Item
Approved for September 29, 2026 calendar
EXECUTIVE SUMMARY
The Glendale Municipal Code has historically prohibited scavenging in containers used for the purposes of storage and collection of refuse or recyclable materials. In 2021, the City Council adopted Ordinance No. 5971 to update standards for recycling collection in compliance with state regulations. It also clarified the obligations of all waste generators and simplified the scavenging prohibition to a single clause. Albeit streamlined, the scavenging prohibition currently found in Glendale Municipal Code section 8.44.050 may not capture the full scope of prohibited conduct, without which the Police Department is hindered from taking enforcement action. Over the past two years, the Police Department has received numerous calls for service due to scavenging, which carries significant, potential harms. The proposed ordinance would mitigate these harms by appropriately equipping the Police Department to cite potential violations.
RECOMMENDATION
That the City Council introduce an Ordinance 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.
ANALYSIS
Historically, the Glendale Municipal Code (GMC) included a robust prohibition on scavenging in containers used for storage and collection of either refuse or recyclable materials.
9b 2
26-90708
In February 2020, the City submitted a Commercial Recycling Compliance Plan to CalRecycle in which the City committed to update GMC Chapter 8.44 (Refuse, Yard Trimmings and Recyclable Material Collection and Disposal) to achieve consistency and compliance with waste management regulations established under AB 341 (Mandatory Commercial Recycling) and AB 1826 (Mandatory Organics Recycling). On February 2, 2021, the City Council adopted Ordinance No. 5971, fulfilling the City’s commitment.
Notably, Ordinance No. 5971 was based largely upon model ordinance language provided by CalRecycle. One of its objectives was to clarify the responsibilities of all waste generators. In addition to accomplishing this objective, Ordinance No. 5971 simplified the historically robust prohibition on scavenging to a single clause that states, “Scavenging is prohibited in the city . . . . ”
Ordinance No. 5971 married the simplified scavenging prohibition with a new provision clarifying that title to refuse becomes property of the collector once placed in the collection container at an area for servicing; that title to prohibited material remains with the generator unless expressly accepted by the collector; and that ownership of and rights to recyclable materials are vested in the collector once placed in the collection container, and transfer to the collector upon removal from the designated collection location.
Albeit streamlined, the scavenging prohibition now found in GMC section 8.44.050 may not capture the full scope of prohibited conduct. And, without defining the prohibited conduct, section 8.44.050 hinders the Police Department from establishing probable cause necessary to take enforcement action.
Over the two-year period between August 2024 and August 2026, the Police Department received 95 calls for service due to scavenging, which jeopardizes the health of scavengers and risks their physical injury as containers may include injurious materials; it causes a public nuisance and environmental contamination as refuse is scattered, vermin attracted, and flood control infrastructure obstructed; it causes noise pollution as rummaging occurs late at night and early in the morning; and it interferes with the property rights and obligations discussed above.
The proposed ordinance would mitigate these harms by appropriately equipping the Police Department to take enforcement action.
STAKEHOLDERS/OUTREACH
Over at least the past four months, the Police Department has directly engaged with residents who have not only initiated calls for service due to scavenging, but also contacted Police Department and Citywide leadership to report suspicious individuals repeatedly causing disturbances related to scavenging activities. As the prosecuting authority for violations of the Glendale Municipal Code, the City Attorney’s Office has also directly engaged with concerned residents. The ordinance presented for introduction is intended to provide the Police Department an effective tool to enforce the City’s scavenging prohibition.
9b 3
26-90708
FISCAL IMPACT
The Police Department receives and responds to dozens of calls for service due to scavenging on an annual basis. The Police Department anticipates that its budget can absorb any incremental cost associated with taking action in response to calls for which an enforcement mechanism is not presently available. Thus, no new appropriation is requested at this time.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines section 15378(b)(2) as it constitutes continuing administrative and maintenance activities, including general policy or procedure making; thus, it is not subject to CEQA pursuant to CEQA Guidelines section 15060(c)(3). Even if it is a “project,” the action 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, it can be seen 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(b)(3).
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Do not introduce the ordinance, in which case the tools available for the Police Department to employ in response to calls for service due to scavenging will remain limited.
ADMINISTRATIVE ACTION
Submitted by:
Robert William, Chief of Police
Prepared by:
Aaron M. Israel, Principal Assistant City Attorney
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None.