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(3) A person holding a current and valid contractor's license issued by the State of California may, as an incidental part of a construction project, remove construction and demolition debris from property upon which the person is performing work permitted under the provisions of Chapters 7-I and 7-5 ar upon which the person is performing work for the City or other public agency. For the purposes of this section, demolition and construction debris means waste generated by construction, remodeling, or demolition of structures; it does not include putrescible waste, garbage, or liquid waste. (4) A landscaping or gardening contractor hired by the owner, occupant, or manager of a property may remove such materials from the property where that contractor is working, if the removal is an incidental part of the gardening, landscaping, tree trimming, cleaning, maintenance, construction, or other similar service such contractor is providing. (5) A person may provide recyclables collection to commercial establishments, if the service is free and ninety percent (90%) of each load of recyclables is actually recycled. (6) The owner or manager of a commercial or industrial establishment, or the employee of such a person, may collect and transport solid waste and green waste generated by the establishment to an authorized disposal facility. Owners and managers of commercial and industrial establishments that self-haul such materials, as provided for in this section, may not contract with anyone other than the City's franchisee for transport services. (7) The owner or manager of a commercial or industrial establishment, or the employee of such a person, may give recyclable materials generated by the establishment to a person described in subsection (a)(5) of this section and may collect such materials and transport them to a recycling center. Other than as provided for in this subsection, owners and managers of commercial and industrial establishments that self-haul such materials may not contract with anyone other than the City's franchisee for transport services. (b) It shall be unlawful and a violation of this Code for any person not enumerated above to solicit or attempt to obtain from the owner, occupant, or manager of any property in the City permission to remove solid waste, recyclables, and green waste from such property. 3-6-330 PROHIBITION ON SCAVENGING. (a) Upon placement of recyclable materials at a designated recycling collection location for collection by the City or its franchisee or contractor, recyclable materials shall become the property of the City's franchisee or contractor. (b) It shall be unlawful for any person other than an authorized City employee or the City's franchisee ar contractor to take, remove, or otherwise appropriate recyclables that have been placed for recycling collection or the container in which such recyclables have been placed. Any and each such removal in violation hereof shall constitute a separate and distinct violation enforceable as provided for in this Code. (c) Nothing in this Article shall- limit the right of an individual person, organization, or other entity to donate, sell, or otherwise discard recyclable materials, if the person or entity takes such action in accordance with the provisions of this Chapter. (d) Nothing in this Chapter shall be deemed to limit the right of the City's franchisee or contractor to bring a civil action against any person that violates this section. A ORDINANCE NO. 2005-012