Item 28 - Ordinance Repealing and Reenacting Article II of Chapter 16 of the SAMC

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Ordinance No. NS-XXX Page 38 of 42 sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a fee, from the city's solid waste collection contractor in lieu of cleaning such bins themselves. (C) No person receiving curbside service shall use any container for solid waste collection purposes other than the containers which are provided either by the city or the city's solid waste collection contractor. (D) No person shall use the containers of another person for disposal of discarded materials without the consent of such other person. (E) No person shall remove discarded materials from containers or from the place where they have been put for collection by the city's solid waste collection contractor, except (1) those persons entitled to the use of such container or place for the disposal of their solid waste, and (2) the city's solid waste collection contractor. (F) No person shall damage or alter the appearance of containers. (G) No person shall remove and/or relocate any container from the curbside service unit to which it was furnished or supplied by the city's solid waste collection contractor. Sec. 16-40.5. - Change in contractor or control; general application and definitions. (a) Sections 16-40.5 through 16-41.5 shall apply to any corporation, company, partnership, trust, estate, association, joint venture or other legal or commercial entity operating within the city that employs workers to perform waste disposal services. (b) "Change in contract" shall mean any change by the city of any waste services provider with whom the city contracts to provide waste disposal services. (c) "Change in control" shall mean any sale, assignment, transfer, contribution or other disposition of all or substantially all of the assets or a controlling interest (including by consolidation, merger, or reorganization) of the incumbent operator, or any person who controls such incumbent operator, in a waste services provider, to a new operator. (d) "City" shall mean the city of Santa Ana. (e) "Incumbent operator" shall mean the person who owns, controls, and/or operates a waste services provider prior to a change in control or change in contract. (f) "New operator" shall mean the person who owns, controls and/or operates a waste services provider following a change in control or change in contract.