§ 5-5.141. Unattended Newspaper Recycling Receptacles Prohibited Without the Issuance of a Temporary Permit.

(a)

It shall be unlawful for any person, other than a collector authorized by a service agreement with City and as expressly permitted by the Public Works Director, to place, locate, establish, maintain, erect, leave, or otherwise make available any unattended newspaper recycling receptacle which is in public view, in the City of Modesto, for the purpose of collecting discarded newspaper as hereinafter defined; provided, however, that in the case of undertakings sponsored by and located on a site owned by a bona fide nonprofit organization, or religious organization, or public agency, the City Manager or his/her designee shall be authorized to issue temporary permits for the location and use of newspaper recycling receptacles.

(b)

The City Manager shall promulgate, and from time to time amend rules and regulations for the issuance of temporary permits; and such rules and regulations as adopted or amended are hereby incorporated herein by reference as if fully set forth herein.

(c)

For the purposes of this section, the following words and phrases shall have the meanings set forth herein:

(1)

"Newspaper" shall mean newspapers, magazines, or print material of like purpose.

(2)

"Newspaper recycling receptacle" shall mean any unattended bin, box, container, structure or device, the purpose of which is to serve as a container for the collection of discarded newspaper as herein defined.

(3)

"Person" shall mean any natural person, partnership, corporation, association, firm, company or entity, and shall include both male and female gender.

(Formerly 5-5.42, added by Ord. 2682-C.S., § 1, amended by Ord. 3018-C.S., § 1, formerly 5-5.40, Ord. 3067-C.S., § 1, Ord. 3129-C.S., § 3, Ord. 3365-C.S., § 2, Ord. 3396-C.S., § 1, formerly 5-5.41, amended by Ord. 3471-C.S., § 1)

(Ord. 3634-C.S., § 1, effective 10-1-15)