Ordinance 96-11 52. SECTION ONE: CHAPTER FIFTY TWO 52. SECTION TWO: Title and Citation This ordinance shall be known and cited as the "Town of Fort Myers Beach Taking of Recyclable Materials Ordinance" 52. SECTION THREE: Definitions   For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary. A. Commercial Collection Service: shall mean recyclable collection service to include but not be limited to: commercial property which includes all hotels, motels, parks containing mobile homes, trailers, manufactured housing and recreational vehicles, commercial (wholesale/retail), manufacturing, and industrial and institutional enterprises of all types licensed to do business in Lee County. Commercial properties shall be all properties other than those defined as residential, including condominiums consisting of more than four (4) units. B Recyclable Materials: shall mean a material which is capable of being recycled by the Lee County recycling program and which would otherwise be processed or disposed of as solid waste. C. Recycling: shall mean any process by which solid waste or materials which would otherwise become solid waster are collected, separated, or processed and re-used or returned to use in the form of raw materials or products. D. Recycling Container: shall mean the Lee County receptacle used for storing recyclable materials for collection, which may be, but not necessarily be limited to: bags, bins or cans of any size. C. Residential Collection Service: shall mean service to residential dwelling units within the Town which shall include the following property types, together with the use codes employed by the office of the Lee County Property Appraiser:   Property Type User Code   Single Family 01 Mobile Home 02 Miscellaneous Residential 07 (Migrant Camps, Boarding homes, etc.) Multi-family - 4 units or less 08 Condominiums - 4 units or less 04   52. SECTION FOUR: Scavenging Prohibited   A. It shall be unlawful for any unauthorized person to remove any recyclable materials from a Lee County recycling container at a collection location or at curbside. Such removal, upon conviction shall constitute petty theft, and shall be subject to the penalties for such offense as further outlined herein. B. It shall be unlawful for any person not specifically authorized to do so by the Department of Solid Waste Management or the property or commercial enterprise owner to open, remove, untie, or to interfere with the orderly and legitimate collection of recycling material or recycling container, or to disturb or scatter recyclable materials stored in containers placed for collection at a curbside, drop-off or collection location.   52. SECTION FIVE: Penalties   A. Violation of the provisions of this Ordinance shall be punishable as provided for by Florida Statutes, in particular, the provisions of Chapter 812 and 775. B. Unauthorized removal of recyclable materials or recycling containers from the curbside with the use of a motorized vehicle shall be punished, upon conviction, by imprisonment in the County jail for a term not to exceed Sixty (60) days and a fine not to exceed Five Hundred Dollars ($500.00). C. Unauthorized removal of recyclable materials or recycling containers from the curbside without the use of a motorized vehicle shall, upon conviction, be punished by a fine not to exceed One Hundred Dollars ($100.00). D. The County may enforce the provisions of this Ordinance in accordance with Chapter 162, Florida Statutes, and Lee County Ordinance No. 90-01, as it relates to the Code Enforcement Citation Procedure.