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Home My WebLink AboutORD 009ORD 009ê79wT ×Pì ORl1. ITC. l ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAIDWIN PARK ADDING A NEW SECTION TO THE BALDWIN PARK MUNICIPAL CODE TO BE K11iOWNN AS SECTION 6128.431 PROVIDING FOR THE LICENSING OF GARBAGE AND RUBBISH COLLECTORS; AND AMEND- 11hTTG SECTION 6129. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. A new section is hereby added to the Baldwin Park Municipal Code to be known as Section 6128.431 and to read as follows: 6128.431. Garbage and rubbish collectors. 1) As used herein, the term Garbage and rubbish collectors' means any person engaged in, conducting, managing, or carrying on a business for profit of collecting, picking up or disposing of food stuffs unfit for human consumption, discarded organic material, garbage, combustible or non- combustible rubbish, ashes, waste material, and refuse, but such term shall not include junk dealers'. 2) The City determines that the collection and disposal of gar- bage and rubbish is a matter for control and regulation because the collec- tion thereof in a sanitary manner is necessary to protect the public health and safety. The City determines that as a sanitary matter, regular, thor- ough and continued collection is necessary and to insure such regular, thor- ough and continued collection, it is necessary to limit the number of persons, firms or corpcrations engaged in the garbage and rubbish collection business within the City. The City also determines that to insure regular, thorough and continued collection, that a garbage and rubbish collector must make a reasonable profit from such business. 3) The City declares that in addition to the matter set forth in paragraph 2) of this Section, the purpose of such licensing shall be as set forth in Section 6124. 4) The License Collector may not issue more than one 1) license for each 2500 persons who are residents of the City of Baldwin Park as de- termined by the latest census of the City and in addition to such licenses there may be one 1) additional license issued. 5) The rate for each license for and within the City of Baldwin Park is fixed and established as the sum of Four Hundred Dollars $400.00). 6) Each person, firm or corporation shall procure a separate license for each truck or each piece of pick-up equipment used by the licensee in the collection of garbage and rubbish within the City. Each licensee shall maintain not less than one 1) truck for each 2500,or less, residents served. Such license shall be prominently displayed in the truck or pick-up equipment of the licensee; provided, however, that said license may be transferred to another truck or piece of pick-up equipment in the event of substitution. 7) The issuance and transfer of all licenses shall be subject to review by the City Council as provided in Section 6128. 8) Each garbage and rubbish collector shall have a fixed place of business. At such place of business he shall maintain a telephone and the names and addresses of residents of Baldwin Park served. Such record of the names of residents served shall be open to inspection by the License Collector and shall be maintained for a period of not less than six 6) months. 9) Each truck or piece of pick-up equipment of a garbage and rub- bish collector shall be maintained in a clean and sanitary condition and shall have prominently displayed on each side, the name and address of the licensee and his telephone number." ORD 009ê79wT ×Pì ORD. NO. 10) It is hereby established that a maximum rate which will allow a fair return to the collector shall be as follows: Residential $1.75 per month for the collection of garbage semi-weekly and the collection of rubbish once a week. Commercial Maximum rates to be allowed for collection of garbage and rubbish from commercial establishments shall be fixed by the City Council after the collector and commercial concern shall make their recommenda- tions to the Council. In the event that neither the collector nor the commercial concern shall request a fixing of rate by the Council, then the rate established by the parties concerned shall be prima facie evi- dence that the rate so determined is not excessive and provides a fair return to the collector. 11) In the event a licensee shall fail for a period of seven 7) days to provide regular, thorough and continued collection service to the persons served by the collector, then such failure to render service shall constitute grounds for the revocation o£ a license. The revocation of a license shall take place only after the licensee shall have received written notice at least five 5) days prior to any such hearing held for the purpose of revocation of a license." SECTION 2. Section 6129 is hereby amended to read as follows: 6129• No license shall be issued for any livery or feed stable, public laundry where washing is done for hire, hotel, lodging house, service station, gasoline plant, topping plant, oil refinery, absorption plant, gar- bage and rubbish collection, warehouse, supply or storage depot cr yard, cracking plant, dance hall, oil distillery, chop house, coffee house, bakery, restaurant, lunch counter, shooting gallery, billiard room, skating rink, merry-go-round, bowling alley, fortune telling clairvoyance and kindred prac- tices, garage, creamery, auctions, auction house, junk dealers, wrecking house, or automobiles for hire at stations, stands, or places on public streets, or peanut vendors, tamale stands, or lunch wagons on public streets, at sta- tions, stands or places on public streets or for any game, nor shall the same be assigned or transferred except on the order of the City Council of the City of Baldwin Park, and whenever any person or firm, co-partnership or corporation desires to open or keep any business specified in the section he, she, they or it shall petition the City Council to order a license therefor, which peti- tion shall set forth the name of the applicant, the character of the business and the location of the premises where the business is to be conducted, and on the hearing of said petition the said City Council may grant the same in whole or in part, or may reject the same and no license shall be issued there- on except as ordered by said City Council. Where any business in this section specified may become dangerous to or affect the public health, peace or safety, the City Council may refuse to grant the license. Should the City Council of this City at any time determine that the premises wherein any business described in this section are not in good and in sanitary condition, or not properly drained, or have become dangerous or affect the public peace and quiet, it may revoke its order requiring the license for such business to issue and no further license shall be issued thereon until such premises shaUhave been put in a safe, properly drained, and sanitary condition." SECTION 3. This Ordinance is hereby declared to be for the immediate preserva- tion of public peace, health and safety. A declaration of the facts consti- tuting its urgency is as follows: The City of Baldwin Park was incorporated on January 25, 1956. Prior to that time the area encompassed in said city was covered by the ordinances of the County of Los Angeles. Upon the incorporation of said City, said. or- dinances no longer had any effect upon or application to persons or property within the City of Baldwin Park. It therefore was necessary to immediately enact Ordinance No. 1 in order to prevent complete chaos within the City of Baldwin Park as there would have been no restraint upon persons in respect ORD 009ê79wT ×Pì ORD. NC. to any of their personal actions or in regard to the use of their property. This ordinance as amending and adding to Ordinance No. 1 must for the same reasons take effect immediately; to wait the thirty 30) day period would cause chaos within the City of Baldwin Park as there would be no re- straint upon persons in regard to any of their personal actions or in re- gard to the use of their property. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law, and this Ordinance shall take effect immediately upon its adoption, PASSED AND APPROVED this &-*- day of March, 1956. May ATTEST: City Clerk CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BALDWIN PARK I, Elmer Cook, being the duly elected and qualified Clerk of the City of Baldwin Park, hereby certify that the foregoing Ordina ce was introduced at the meeting of the City Council held on the day of March, 1956, and that the same was read in full and was d adopted as an urgency measure. City Clerk Seal) ORD 009ê79wT ×Pì ORD, NO. AFFIDAVIT OF POSTING BY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BALDWIN PARK ELMII3. COOK, being duly sworn, deposes and says: That I am the duly elected and day of 1956, I caused to be posted in three conspicuous places a copy of Ordinance No. as required by law and the Baldwin Park Municipal Code. Elmer Coo r Subscribed and sworn to before me this' day of 7'7 195 r sai. ELDER PUGIR Notary Public in and o Z" C3 EP County and State b, F„Abe Maeb s. 19% BIB] 39007-U01 ORD-U02 009-U02 LI2-U03 FO94595-U03 FO94601-U03 DO94688-U03 C5-U03 ORDINANCES-U03 10/16/2006-U04 ROBIN-U04