HomeMy WebLinkAboutNS-2268 - Municipal Code to Prohibit Removal of Solid Waste from Disposal Containers by Unauthorized Persons091
REL: 9/6/95
ORDINANCE NO. NS- 2268
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 16-34 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT REMOVAL OF
SOLID WASTE FROM DISPOSAL CONTAINERS BY
UNAUTHORIZED PERSONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 16-34 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Bec. 16-34. Infractions.
Any person violating any of the following provisions of this
section shall be deemed guilty of an infraction, and upon convic-
tion thereof, shall be punishable by a fine of fifty dollars
($50.00), or, upon a second conviction within one year of a prior
conviction for the same offense, by a fine of not less than one
hundred dollars ($100.00) nor more than one hundred fifty dollars
($150.00):
(a)
No person shall allow solid waste or empty containers to
remain along, at, or near any public street, sidewalk,
parkway (excluding alleys), or in any area visible from
a public street or in public view, except:
(i)
Between the hours of 4:00 p.m. of the day preceding
the person's weekly collection day and 12:00 mid-
night of such collection day; or,
(ii) During any period in which regular
collection service is interrupted or
delayed.
(b)
Ail containers, bins obtained from the city's solid waste
collection contractor, enclosures and surrounding areas,
shall be maintained in a reasonably 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 reasonable fee, from the city's solid waste
collection contractor in lieu of cleaning such bins
themselves.
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092 ORDINANCE NS-2268
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(c)
No person shall use any container having any sharp
protrusion or other defect liable to cause injury to the
person collecting the solid waste therein.
(d)
No person shall use the container of another person for
disposal of solid waste without the consent of such other
person.
(e)
Ail yard waste and other organic waste which is put out
for collection by curbside service units must placed in
plastic bags and not commingled with other solid wastes.
Any person who places or permits the placement of yard
and/or organic wastes in a container, box, carton or
receptacle other than a plastic bag shall be guilty of an
infraction.
(f) Ail newspaper disposed of by curbside service units must
be sorted and secured.
(g)
No person shall remove solid waste from a solid waste
container or bin or from the place where it has been put
for collection by the city's solid waste collection
contractor, except (1) those persons entitled to the use
of such container, bin or place for the disposal of their
solid waste, and (2) the city's solid waste collection
contractor.
SECTION 2: 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 of
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 3: 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 deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
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S-2268 093
Page 3
ADOPTED this 4th
ATTEST:
COUNCILMEMBERS:
Pulido Aye
Richardson Nay
Espinoza Nay
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Nay
day of December , 1995.
~./Mayor
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County Of Orange
of Santo Aha on
with the Charter of the City of Santa Aha.
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
to be the original ordinance adopted by the City Council of the City
/a~9 ~ t?/_ ~$'- ; and that said ordinance was published in accordance
Date:
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L/'//Clerk of the Co~'nci,~'7'--"'-~' -- City of Santa Ana ~ /