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Violation of this division shall be charged as an administrative fine as. foIIows a fine of $200.0i3 far the <br />first offense; a fine of $300.00 for the second offense at the same location within a 12-month period; or a <br />fine of $500 00 for the third offense atthe. same location within a 24-month period, <br />(Code 1999, § 121.110(8)} <br />Sec. 28-1.25. - Misdemeanor prosecution.. <br />Nothing in this division shall prohibit the city from seeking prosecution as a misdemeanor far anyalIeged <br />violation of this division. If the.city elects to seek misdemeanor prosecution, then. no administrative fine will <br />be imposed under this article, <br />(code 19.9.91 § 121.11 O(9)} <br />Sec. 28-126. -Applicability. <br />This. division does not apply to the extent that the city council contracts to. provide recycling collection <br />services to some or all multiple-family`dwellings. <br />(Code 1999, 9:121.110(1 a)} <br />Sec. 287127. - Uh#awful removal of recyclable materials. <br />(a) Purpose and intent This section is designed to prevent the unauthorized collections of <br />re.cydables. Unauthorized collection. or scavenging may reduce the Volumes of materials collected <br />as part.of a designated program and thereby threaten .the economic viability of the authorized <br />program.. Scavenging may also cause confusion among participating residents and thereby. <br />disrupt the. publicity and educational processes :of an authorized program. This section is also <br />designed to ensure that a designated recycling program will be implemented in an orderly <br />fashion to avoid adverse effects on the public health, welfare, safety and environment, <br />(b) Definitions. The following words, terms and .phrases, when used in this section, shall.have the. <br />Meanings ascribed to them in this subsection, except where tile context dearly indicates a <br />differenC meaning: <br />Authorized recycling program means a program for the collection and recycling of recyclable materials. <br />which is instituted, sponsored, authorized or controlled by the city or the county. <br />Recyclable materials means all items of refuse designated by the city or county environmental health <br />division to be part of an authorized recycling program and which are intended for transportation; <br />processing and remanul"acturing .or reuse. <br />