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Marietta, GA Trash & Recycling: Recycling Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Unauthorized removal
Prohibited under § 5-8-160(C)
Primary enforcer
Public works director
Secondary enforcer
Police department
Civil exposure
Separate suit by contractor allowed
Conviction effect
Does not bar civil action

Summary

Marietta bars anyone but the city or its authorized contractor from removing recyclables set out for collection. The public works director enforces the rule alongside police, and a violation does not shield a scavenger from a separate civil suit.

C.Unauthorized Collection Prohibited. No persons, other than the city or an authorized recyclable waste contractor, shall remove recyclable waste or material which has been placed at designated recycling collection location or in the designated recycling container. ... E.Enforcement Authority. The public works director shall have the authority to enforce the provisions of this section. This authority shall be in addition to the authority granted to police pursuant to city code. F.Civil Action by Authorized Recycling Contractor. Nothing in this section shall be deemed to limit the right of any person who violates this section, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Section 5-8-160(C) makes unauthorized collection of set-out recyclables a distinct violation: no person other than the City of Marietta or an authorized recycling contractor may remove recyclable material once it has been placed at a designated recycling collection location or in a designated recycling container. This is the provision that stops individuals or unlicensed scrap haulers from combing through curbside bins ahead of the scheduled truck, since Section 5-8-160(B) has already made that material city or contractor property the moment it is set out. Enforcement authority under subsection E rests with the public works director, and the ordinance is explicit that this authority supplements, rather than replaces, the police department's separate power to act under the city code.

Subsection F adds a civil-liability layer on top of any criminal enforcement: nothing in the section limits the right of a person harmed by a violation, and a criminal conviction for unauthorized collection does not exempt the violator from a civil action brought by the authorized recycling contractor whose material was taken. Together these subsections give the city two tracks, code enforcement and contractor litigation, against curbside recycling theft.

Violations & Fines

Removing recyclable material from a curbside bin or designated collection point without authorization is enforced by the public works director and police under Section 5-8-160(C) and (E), and a violator also remains exposed to a separate civil action by the authorized recycling contractor under subsection F.

Frequently Asked Questions

Can someone else legally take my recycling bin's contents in Marietta?
No. Section 5-8-160(C) prohibits anyone other than the city or an authorized recycling contractor from removing recyclable material once it has been placed at a designated recycling location or container for collection.
Who enforces Marietta's recycling scavenging ban?
Section 5-8-160(E) gives the public works director enforcement authority over the section, and states that authority is in addition to the enforcement power the police department already holds under the city code.
Can the recycling contractor sue someone who takes recyclables in Marietta?
Yes. Section 5-8-160(F) preserves the authorized recycling contractor's right to bring a civil action against a violator, and specifies that a criminal conviction for unauthorized collection does not exempt that person from the civil suit.

Sources & Official References

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