CLEARLAKE, Calif. – The Clearlake City Council has approved the initial reading of an ordinance to prevent scavenging in waste receptacles and dumpsters, and appointed three members to the city’s planning commission.

The anti-scavenging ordinance was the topic of much of the council’s March 9 meeting, during which it received a 4-1 vote, with Councilman Bruno Sabatier the lone dissenter. The ordinance is scheduled to return for a second reading at the council’s March 23 meeting.

In presenting the proposed ordinance to the council, City Manager Greg Folsom explained that three of the council’s four main goals are to make Clearlake cleaner and safer, and improve the city’s image.

Having people scavenging through garbage in search of recyclables hurts the city’s ability to meet those goals, he added, with no current ordinance in effect that allows police to stop them.

Folsom said the activity is a nuisance in neighborhoods, and leads to opportunities to commit other crimes, such as larceny and ID theft.

The proceeds from scavenging for recyclables often are spent on alcohol, according to Folsom, and create issues with people consuming alcohol in public and causing disturbances near businesses.

He said scavengers tend to strew trash around and leave the wrong items in waste toters, leading to fines from waste haulers.

Anti-scavenging ordinances are common in cities throughout California, including Davis, Sonoma, Sacramento, Redwood City and Encinitas, he said.

It’s also common for recyclables to become the property of waste haulers once they’re placed on the curb, Folsom said.

Clearlake Police Sgt. Tim Hobbs, who helped research the ordinance, told the council, “Unfortunately, we have numerous problems associated with scavenging.”

Driving around at night or early in the morning, Hobbs said he sees people going through the trash, and they often leave trash and debris lying on the ground; trash often is put in the wrong containers.

He said the ordinance will allow police to deal with the problem when they see people going through cans and receptacles.

Councilwoman Joyce Overton questioned why the ordinance was necessary, and asked if there are reports to back up the issues. Hobbs said police haven’t tracked scavenging problems specifically, but they do track complaints from businesses about the activity.

Overton said she knows people go through the dumpster at the senior center, where she is the executive director, and she has taken to putting out recyclables in bags.

Mayor Russ Perdock asked Hobbs if officers are seeing people going through dumpsters. Hobbs said yes, they also have found individuals inside of dumpsters injecting drugs.

Councilman Phil Harris said it’s not just about garbage but getting people out of dumpsters for safety reasons. “There’s some pretty big issues here to think about.”

Harris said he’s seen scavenging, which he said is prevalent between 4 and 8 a.m. He said he’s also had issues with getting fined by his franchise hauler because of scavenging and the wrong items being placed in toters.

Chuck Leonard, a retired councilman, said he’s seen people not only in dumpsters, but coming by his home with bags and taking items out of his waste receptacles. “They don’t have any business going in those cans,” he said.

Leonard also anticipated that waste haulers will increase fees if they don’t get the recyclables. “I think the law’s important.”

Clearlake Police Det. Ryan Peterson, who also is a city resident, said he supports the ordinance due to identity theft and other problems, including spreading trash around near stores at the Burns Valley Mall.

Scavenging also can lead to prowling in neighborhoods and scoping out properties. “So that’s a concern,” he said.

City Public Works Director Doug Herren said his department gets complaints on an almost daily basis about scavenging in the waste receptacles at city parks, with garbage thrown all over the place. During the summer, parks staff spends most of its time picking up garbage at the parks as a result.

Sabatier said he had problems with the ordinance, and wanted instead to look at increasing littering fines. “I just don’t have all the data in front of me to show that this will solve the littering problem or will solve the drinking problem.”

While he agreed there are problems with identity theft, health and safety, Sabatier felt it was a balancing act, considering that he knows some people use scavenging for food.

“I know we're moving forward as a city. I don’t think economically we’ve moved forward as much as we would like to. We have people who are struggling. I don’t know how many of us in this room have ever had to dig through a garbage can, but I can’t imagine that life is going really well if you have to dig through a garbage can,” Sabatier said.

Councilman Nick Bennett, a retired Clearlake Police sergeant, said he felt the ordinance is progressive and fits into the goal of making Clearlake a cleaner city.

He said it wasn’t meant to be pointed at the homeless. “God love those people. Many of them out there don’t have a choice as to where they are.”

Bennett said the ordinance is a tool for the department to use, and if used correctly with oversight, it will be effective.

Harris said he doesn’t see the ordinance as criminalizing recycling, adding that he has a concern about the criminal enterprise of going onto people's properties.

Acting Clearlake Police Chief Tim Celli said police wouldn’t be issuing citations right away if the ordinance is approved.

“There would be an education period,” he said, just like police used when implementing new ordinances to strengthen enforcement of city park codes last year. He said the maximum fine would be $500 plus up to six months in jail.

Bennett said he felt police had made it clear how they would approach the rollout of the ordinance.

“People have a responsibility to obey the laws, take care of their neighbors and don’t trash their neighborhoods. And we have a responsibility to protect our community out there,” Bennett said, adding, “This is a very benign ordinance.”

Referring to the ordinance that gave police more tools in enforcing rules in city parks, Bennett said problems in the parks have gone down considerably as a result.

Bennett moved to approve the ordinance’s first reading, with the second reading set for March 23. Harris seconded, and the council voted 4-1, with Sabatier voting no.

In other news at the March 9 meeting, the council unanimously voted to reappoint Carl Web and Russ Cremer to the Clearlake Planning Commission, and appointed a new member, Richard Bean.

Perdock also presented a proclamation to local Meals on Wheels drivers declaring March “March for Meals Month.”

Council members voted to approve an updated patch for the uniforms of Clearlake Police officers. The patch has more subdued colors, which Bennett said is an officer safety issue.

The council went on to approve Perdock’s appointment of Harris as the council’s alternate on the Abandoned Vehicle Abatement Authority, in the event that Bennett – the council’s main appointee – can’t make meetings; and the creation of a standing marketing committee.

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