The URL can be used to link to this page

Home My WebLink About855 - Refuse Garbage & Cuttings• .L • ORDINANCE NO. 855 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 5201, 5203, 5203.1, 5204, 5206, 5207, 5208, 5208.1, 5208.2, 5210, 5211, 5212 AND 5212.1 OF THE NEWPORT BEACH MUNICI. PAL CODE, AMENDING SEC- TION 5202 AND ADDING CHAPTER 4 TO ARTICLE V OF SAID CODE RELATING TO REFUSE, GARBAGE AND CUTTINGS. The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Sections 5201, 5203, 5203.1, 5204, 5206, 5207, 5208, 5208.1, 5208.2, 5210, 5211, 5212 and 5212.1 of the Newport Beach Mu. nicipal Code are repealed. SECTION 2. Section 5202 of the Newport Beach Municipal Code is amended to read: "SECTION 5202. 'Beach' includes all the shore of the Pacific Ocean lying souther. ly of the most southerly line of the public 'street nearest and parallel to said ocean and all the shore of the har- bor and any bay or channel In the City." SECTION 3. Chapter 4 is add- ed to Article V of the Newport Beach Municipal Code to read: "Chapter 4 REFUSE AND GARBAGE COLLECTION SECTION 5400.. Defini. tions. For the purpose of this Chapter, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. SECTION 5401. 'Garbage' includes all animal and vegetable refuse incident to preparation or handling of food. SECTION 5402. 'Refuse' in- cludes any discarded cloth or articles of clothing, paper, paper bag, cardboard, fiber, metal, glass, carton, contain- - er, box, bottle, or jar, or any part df such carton, contain. er, box, bottle, or jar, ashes and feathers. SECTION 5403. 'Cuttings' include- trimmings from trees or shrubs, plants, grass cut. tings, ,or removed or dis- carded trees, b r a n c h e s, _shrubs or plants. SECTION 5404. 'Residen- tial unit' means a separate dwelling unit with kitchen facilities. SECTION 5405. 'Business unit' means a building, if wholly occupied by a single business, an office, a room or rooms within a building or a space, open or enclosed, used or usable for the operation of a single business or en- terprise. SECTION 5406. Nuisance Declared. The accumulation and existence of garbage, refuse or cuttings on any private premises, on, in, or upon any beach, street, alley or other public place within the City is hereby declared to be a nuisance. No person who owns, controls or occu- pies any premises in the City shall cause, permit or allow any such nuisance to exist thereon. SECTION 5407. Prevention of Nuisance • Costs. (a) It is the policy of the City to prevent the existence and ac- cumulation of garbage, ref- use or cuttings upon any pri- vate premises or in any pub- lic place. In order to promote sanitary conditions in the City, which is necessary for the health, safety and gener- al welfare of the residents, the City will provide a serv- ice, consisting of the collec- tion of garbage, refuse and cuttings where a similar service is not provided by another governmental agen- cy. It is the further policy of the City that such service be self- supporting and that it be paid for by those benefited. (b) The service shall be city -wide except for those areas that are in the . sani- tary district to which the res- idents are paying a property tax or other charges or fees for a similar service unless s p e c i a l arrangements are made for service by the City within such district. SECTION 5408. Persons to Haul Garbage, Refuse or Cut- tings. No person other than contract agents or employees of the City or a sanitary dis- trict acting in the scope of their agency or employment and private collectors having a license to do so from the City Council shall remove from any place or premises in the City or transport over the public streets thereof any garbage, refuse or cuttings. This section does not prevent (1) a person from gathering and removing refuse or cut- tings from premises as a re- sult of construction, land- scaping or gardening services when the same has not been set 'out for collection by the City, the district or a private collector, (2) a person from removing in his own vehicle garbage, refuse or cuttings which has been generated on premises owned or controlled by him, or (3) the immediate removal by any person of garbage, refuse or Cuttings wnren is found by the kieauh Officer, Fire Marshal or Building and Safety Director to constitute a danger to the public health, safety or gen- eral welfare. SECTION 5409. Residen. tial Garbage Receptacle, Type of. Every owner or person occupying or in charge of every residence where garbage accumulates shall provide and keep at such residence a receptacle or receptacles, each not to exceed eight (8) gallons capacity, constructed of met- al or other watertight mater- ial, in which shall be placed all such garbage. All recep- tacles shall be furnished and provided with a cover suffici- ent to prevent any odor from escaping the receptacle and flies and other insects from reaching or coming in con- tact with the garbage. SECTION 5410. Residential Refuse Receptacle, Type of. Every owner or person oc- cupying or in charge of every residence where refuse ac- cumulates shall provide and keep at such residence a re- ceptacle or receptacles, each not to exceed forty -five (45) gallons capacity nor fifty (50) pounds weight (contents and container), constructed of metal or other watertight material, in which shall be placed such refuse. All such receptacles s h a I1 be fur- nished and provided with a cover sufficient to prevent any odor from escaping, the contents from being blown away and rain from entering such receptacle. SECTION 5411. Residential Cuttings Receptacle, Type of. Every owner or person oc- cupying or in charge of every residence where cuttings ac- cumulate shall provide at such residence a receptacle or receptacles each not to exceed forty -five (45) gal- lons capacity nor fifty (50) pounds weight when filled, in which to place cuttings. Cuttings may be placed for collection in the receptacles or in securely tied bundles not to exceed fifty (50) pounds in weight nor four (4) feet in length. SECTION 5412. Placing for Collection Required. No person who owns, controls or occupies any premises shall permit garbage to accumu- late for a period in excess of one calendar week or refuse or cuttings to accumulate for ?o a period in excess of one dentlal, business and any shall be charged to the per - calendar month or fail, re- any other type of occupancy sons liable therefor if no fuse or neglect to place such and additional fees for addi- water has been used on the garbage and such refuse and tional service which together premises during the period of cuttings for collection in ac- will return to the City as time between the dates water cordance with schedules es- nearly as practicable the meters are read. On premises tablished therefor, the provi- amount appropriated annu- where the service is provided sions of this Chapter and ally to provide the service. and water is not served by rules and regulations estab- Any fee may be changed the City, this exemption shall lished pursuant hereto. when it appears it is too high apply only if the person to Neither the City nor its con- or too low in relation to other whom the fees are billed sub- tract agents shall be required fees or the over-all cost. mits satisfactory evidence to collect garbage, refuse or (c) Restricted use of funds. that there was no occupancy cuttings not place for collec- All money collected under during the billing period. tion in accordance with this the provisions of this Chapter SECTION 5415. Billing. Chapter and said rules and shall be placed in a special The fees imposed pursuant regulations. fund which is hereby created to this Chapter may be added SECTION 5413. Administra• and entitled Refuse Service to any bill rendered by the tion of Collection Service. The Fund and shall be used only City and are payable on the City Manager, or his author- for the purpose of providing first day of the month fol. ized representative under his the collection service; provid- lowing the date shown on direction, shall administer ed, however, that any surplus the bill. In lieu of billing by the provisions of this Chap- in this fund at the end of by the City, the City may ter. In this connection he any fiscal year may be used contract with any agency, shall: to reimburse the general public or private, to include (a) Establish the routes, fund for any money that has the fees on any bill and col - hours and days of collection been advanced to this fund lect said fees and transmit and may change the same as In any current or prior fiscal them to the City. he deems necessary and year. Bills may be sent month - shall give notice of such (d) Collection of fees. Per- - ly, bimonthly or quarterly at routes, hours, days and sons with the right of imme- the discretion of the City changes as seems advisable. diate occupancy, occupants, Manager. When quantities in (b) Establish rules and persons in charge or control excess of the maximum per. regulations consistent with of any place or premises in mined for the minimum fees this Chapter pertaining to the areas where the service is are regularly accumulated, the content of refuse, the seg- provided and persons who bills may be sent and pay - regation of refuse, cuttings are billed for water service ment required bimonthly or and garbage, the suitability to any place or premises in quarterly in advance. Such of containers and the place- such areas are each indi- advance payments shall be ment of containers for collec- vidually liable for the fees adjusted on the basis of per - tion. The rules may permit established pursuant to this iodic surveys of average special containers or bins Chapter. Such fees are a civil quantities collected." when the quantity or the na- debt owing to the City and SECTION 4. This Ordinance ture of the material to be col- the liability of each of the and the fees imposed pursuant lected so requires. above persons shall continue hereto are necessary to pay the (c) Establish additional until the fees are paid. The usual current expenses of the rules and regulations con- City Council authorizes and City being incurred to provide sistent with this Chapter as directs that actions be the collection service in order to maybe necessary, reasonable brought against any persons prevent the nuisance herein de- and proper to effect the ex- liable therefor to collect de- clared. pedient, economical and effi- linquent fees. In cases where SECTION 5. This Ordinance cient collection, removal and the premises contain more shall be published once in the disposal of garbage, refuse than one residential unit or Newport Harbor Ensign, a news. and cuttings. business unit or both, the paper of general circulation, SECTION 5414. Fees for landlord or person to whom printed and published in the Collection by City. (a) Per- water is billed shall collect City of Newport Beach, and the sons liable. The City ouncil tY such fees from the occupants same shall be effective days finds that collecting and or persons with the right of after the date of its adoption. making the service of collect- occupancy and transmit the same to the City. A receipt This Ordinance was introduced ing garbage, refuse and cut. - tings: available to all places shall be issued to such occu- at a regular meeting of the City - and premises in the areas pant or person upon request. Council of the City of Newport Beach held on the 25th day of _ of the City where service is If the landlord or person to August, 1955, and was adopted all occu- provided benefits whom the water is billed on the Sth day of September, - pants apd:all persons with fails to collect such fees from 1958, by the following vote, to = the right -of immediate occu- any such occupant or person wit: - pancy of-any place or prem- and transmit them to the -, ises in said areas of the City City, said landlord and per- AYES, COUNCILMEN: SOM. and, - therefore, all such oc- son to whom the water Is ERS, LORENZ , ATKINSON, - ctlpants and persons are billed each shall be liable to KINGSLEY, STODDARD. made liable for the fees es- the City for the payment of NOES, COUNCILMEN: HART, tablished pursuant to this such fees. The liability shall HIGBIE. Chapter, continue until the fees are ABSENT COUNCILMEN: NONE. (b) Fees. The City Council paid to the City, TAMES B. STODDARD • shall, by resolution, estab- (e) Exemptions. On the Mayor lish minimum fees for min- premises w h e r e water is ATTEST: imum service for each month served by the City and the MARGERY SCHROUDER or fraction thereof for real- service is provided, no fee City Clerk r- I L STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH I' ........ h? 3�g�ICy._ SCtlx® ud�T................ ........................... City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing Ordinance Y Y ........ ......... - No ........... �:?.5 .. ................was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ....... P� .......day, of ............ Septembeg 58 .............. 19 ..... by the following vote: AYES: COUNCILMEN Somers, Lorenz, Atkinson, Kingsley, Stoddard ----------------•-----------------------------------------------------------_.---------------- -------------------------•----- ® Bast, Higbie NOES: COUNCILMEN-------- ............................... - ABSENT: COUNCILMEN--- None--------------------------------------------------------------------------- ------------------------------- 22d September 58 Datedthis --------------- ---------day of .................................. -................................................................ 19-------- - - -- - -- 5 -c-�'` -� -�� City Clerk tgnd &• fficio Clerk of the City Council, of Wewpo Beach, State of California • NB 130 -500 12/56 f-7i