HomeMy WebLinkAboutOrdinance NS-1684 - Regulations after 1983EJC: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: