HomeMy WebLinkAboutNS-1826 - Amending Section of the Santa Ana Municipal Code Relating to Exclusivity of Refuse Collection Contractor and Exceptions TheretoORDINANCE NO. NS- 1826~
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 16-30 OF THE
SANTA ANA MUNICIPAL CODE RELATING
TO EXCLUSIVITY OF THE REFUSE COLLECTION
CONTRACTOR AND EXCEPTIONS THERETO
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: 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 other-
wise provided herein.
(b) The occupant or owner of any premises upon
which refuse has accurm~lated or the actual producers of such
refuse 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
Executive Director, Public Services.
(e) The Executive Director, Public Services 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 Executive Director, ~dblic
Services.
ORDINANCE NO. NS- 1826
PAGE TWO
(f) Any person other than the City or its refuse
collection contractor who collects, transports, or disposes
of refuse, or who pays another to do so, other than as
permitted by-subsection (b), (c), (d), or (e) of this section
is quilty of a misdemeanor.
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.
ATTEST:
ADOPTED this 20th day of January , 1986.
VCLFA{K OF TH~ C~CIE- -~
COUNCILMEMBERS:
Griset Aye
Johnson Aye
Acosta Aye
Hart Aye
Luxembourger Aye
McGuigan Aye
Young Aye
DANIEL E. GRISET, MAYOR
APPROVED AS TO FORM: