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HomeMy WebLinkAboutNS-1684EJC:adg 12/23/82 ORDINANCE NO. NS-1684 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 16-29 AND 16-30 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SOLID WASTE HANDLING TO BE EFFECTIVE FROM AND AFTER JULY 1, 1983 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That Section 16-29 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 16-29. Definitions. (a) Garbage shall mean and include all animal and vegetable kitchen waste, all household waste which has resulted from the preparation of food, all table refuse or offal, and every accumulation of animal, vegetable or other matter that attends the preparation, consumption, packing, canning, storage and decay of meats, fish, fowls, vegetables, and fruit intended for human and animal consumption. (b) Solid waste shall mean combustible and noncombustible waste materials not included in the term "garbage," and shall include tree and shrubbery trimmings, lawn renovatings, grass, weeds, leaves, chips, paper, pasteboard, magazines, books, rags, rubber, carpets, clothing, boots, shoes, hats, furniture, bedding, bottles, cans, metals, mineral matter, glass, crockery, dirt, dust, packing boxes and cartons, crates, packing material and all other kinds of rubbish, trash or waste material which ordinarily accumulates in the operation of a house- hold or a business. (c) Refuse means garbage and solid waste, as such terms are defined herein. However, the term "refuse," for purposes of this article, shall not include dead animals, manure, sewage waste or waste water, explosive substances, radioactive materials, materials which have been exposed to highly infectious or contagious diseases, or other hazardous materials. (d) Standard service shall mean curbside collection service provided on a weekly basis to occupants not receiving bin service. ORDINANCE NO. NS- 1684 PAGE TWO (e) Bin service shall mean collection service pursuant to agreements between occupants and the city's refuse collection contractor by which bin containers suitable for mechanical unloading are rented to the occupants. Section 2: That Section 16-30 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 16-30. Exclusivity. (a) The city and its refuse collection contractor have the exclusive right to collect, transport, and dispose of refuse in the City of Santa Ana, and all refuse placed for collection by the city or its refuse collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. (b) The occupant or owner of any premises upon which refuse has accumulated may personally collect, convey, and dispose of such refuse. (c) Collectors of refuse originating outside the city may haul such refuse over city streets. (d) Any person may collect, transport, and dispose of refuse during a period in which collection services by the city or its refuse collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the director of public works. (e) The director of public works may, by written permit, authorize provision of bin service if the city's refuse collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within forty-eight (48) hours after notice to the city's refuse collection contractor of such failure by the director of public works. (f) Any person other than the city or its refuse collection contractor who collects, trans- ports, or disposes of refuse, or who pays another ORDINANCE NO. NS- 1684 PAGE THREE to do so, other than as permitted by subsection (b), (c), (d) or (e) of this section is guilty of a misdemeanor. Section 3: The provisions of this ordinance shall not be effective until July 1, 1983. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th ATTEST: ~leNIr~Eo~ ' t~eUYcou/nc i 1~/ day of June , 1983. COUNCILMEMBERS: Bricken Luxembourger Acosta Aye Johnson Aye Griset Aye Youn~ MeGuigan Aye APPROVED AS TO FORM: