HomeMy WebLinkAboutORD 1215ORD 1215 pT3 (Ìì ° ^ ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, AMENDING THE
BALDWIN PARK MUNICIPAL CODE BY ADDING
CHAPTER 50.24, TO OUTLAW SCAVENGING FROM
CONTAINERS WITHIN THE CITY
WHEREAS, the City has an interest in preventing the proliferation of litter of any
kind throughout the City;
WHEREAS, the City's interest in preventing and limiting litter can be partially
addressed by prohibiting unauthorized persons from removing and transporting
material, including recyclable material, from containers within the City; especially from
curbside recycling bins;
WHEREAS, the City can more effectively limit the unauthorized removal and
transportation of material, including recyclable materials that cause litter, from
containers within the City.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. Section 50.24 is hereby added to the Baldwin Park Municipal Code to read
as follows:
Sec. 50.24 COLLECTION OF DISCARDED GARBAGE, REFUSE AND
RECYCLABLES RESTRICTED.
1) No person shall sort through, gather, collect, or remove from any container,
wherever situated, any discarded garbage, dry garbage, residential refuse,
commercial refuse, junk, salvage, recyclables, or similar waste material, nor
shall any person convey the same upon or along any public or private street
within the City, or cause or permit any combination of the above to occur
without first obtaining a franchise pursuant to Chapter 50 of this Code.
2) Subdivision 1) of this section shall not apply to any to the following persons,
firms or corporations:
a) Any person, firm, or corporation in the employ of the City who shall be
assigned by the Council to the work of sorting through, gathering,
collecting or removing garbage, dry garbage, residential refuse,
commercial refuse, junk, salvage, recyclables, or similar materials;
b) Any person, firm, or corporation with whom the City has entered into or
may hereafter enter into a contract for the sorting through, gathering,
collecting or removing garbage, dry garbage, residential refuse,
commercial refuse, junk, salvage, recyclables, or similar materials;
c) Any employees of any person, firm, or corporation with whom the City
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c) Any employees of any person, firm, or corporation with whom the City
has entered into or may hereafter enter into a contract for the sorting
through, gathering, collecting or removing garbage, dry garbage,
residential refuse, commercial refuse, junk, salvage, recyclables, or
similar materials, during the time such contract shall be in force, and
who is acting within the scope of his or her employment.
3) For purposes of this section, the term discarded" shall refer to the act
whereby an owner of any material pays any fee to another for the services
of collection, removal or disposal of such material.
4) Violation of this Section is hereby declared a misdemeanor punishable in
accordance with Section 10.99 of this code.
SECTION 2. SEVERABILITY If any section, subsection, subdivision, 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
hereby declares that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3 That the City Clerk of the City of Baldwin Park shall certify to the passage
and adoption of this Ordinance and shall cause the same to be posted and published in
the manner required by law.
PASSED AND APPROVED on this 15th dav of October, 2003.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance was regularly introduced and
placed upon it's first reading at a regular meeting of the City Council on October 1,
2003. That there after said Ordinance No. 1215 was duly approved and adopted at a
regular meeting of the City Council on the October 15, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Marlen Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave, and Mayor
ManuelLozano
None
None
None
ROSEMARY MJ^MIREZ, CMC
CHIEF DEPUTYCITY CLERK
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