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HomeMy WebLinkAboutORD 1217ORD 1217pT3(ÌìäKORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 50.10 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTES AND RECYCLABLE MATERIALS AND 50.19 SECTION RELATING TO REFUSE FEE INCREASES WHEREAS, the City has an interest in preventing the proliferation of litter of any kind throughout the City; and WHEREAS, the City's interest in preventing and limiting litter can be addressed by prohibiting unauthorized persons from placing solid waste, recyclable materials, or bulky materials to be discarded at residential dwellings any time other than on the days established for their pick up; and WHEREAS, the City wishes to enhance its aesthetic environment and the health and safety of the community by limiting the times that residents can place receptacles for trash pick up and removing them promptly after the deadline; and WHEREAS, the City wishes to streamline the procedure for setting the rates which the City's franchisee may charge for the collection of solid waste. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. Section 50.10 of the Baldwin Park Municipal Code is amended to read as follows: Sec. 50.10. Location and Collection of Receptacles on Residential Lots. a) The placement of solid waste receptacles and material for special pickup at each single-family or multiple unit dwellings in the City shall be made in accordance with the provisions of this section. b) All solid waste and recyclable materials shall be placed within closed receptacles as provided by the franchisee. If materials cannot be placed within a closed receptacle, the customer shall make arrangements with the franchisee for a special pickup of such materials. c) The customer at each single-family or multiple unit dwelling without bins shall place all receptacles and material for special pickup on the street as close to the curb line as is practical, or if there is no curb, as close to the street right-of-way line separating the lot from the street as is possible. BIB] 37972-U01 ORD-U02 1217-U02 LI2-U03 FO8535-U03 FO9348-U03 DO33706-U03 C5-U03 ORDINANCES-U03 12/17/2003-U04 ROBIN-U04 ORD 1217pT3(ÌìäKOrdinance 1217 Page 2 d) No person shall place or cause to be placed receptacles for the collection of solid waste or recyclable materials or material for special pickup at any time other than on the days established pursuant to a franchise for the collection of solid waste and recyclable material, nor before 8:00 p.m. on the day immediately prior to the day designated for such collection. After the collection of solid waste and/or recyclable material and material for special pickup, each receptacle and any other waste material not picked up by the franchisee shall be promptly removed from the location for collection and returned by the owner/occupant of the lot to a location on the lot not visible from locations outside the lot. No person shall permit such receptacle or material for special pickup to remain after 8:00 p.m. on the designated day of collection. SECTION 2. Section 50.19 of the Baldwin Park Municipal Code is amended to read as follows: Sec. 50.19. Fees for refuse collection and disposal. The franchisee is authorized to charge fees for the collection and disposal of solid waste and recyclable material as set by resolution of the City Council. SECTION 3. 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 4 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, APPROVED AND ADOPTED this 3rd day of December, 2003. /^^ MANUELLOZANO MAYOR BIB] 37972-U01 ORD-U02 1217-U02 LI2-U03 FO8535-U03 FO9348-U03 DO33706-U03 C5-U03 ORDINANCES-U03 12/17/2003-U04 ROBIN-U04 ORD 1217pT3(ÌìäKOrdinance 1217 Page3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, Kathleen R. Sessman, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on November 19, 2003 and thereafter was duly adopted by the City Council at a regular meeting on December 3, 2003 by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro Tern Bill Van Cleave, and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None KATHLEEN R. SESS-MAN DEPUTY CITY CLERK BIB] 37972-U01 ORD-U02 1217-U02 LI2-U03 FO8535-U03 FO9348-U03 DO33706-U03 C5-U03 ORDINANCES-U03 12/17/2003-U04 ROBIN-U04