HomeMy WebLinkAboutORD 1264ORD 1264ÛyÁ åw @äÚyÿ Š Fèô ORDINANCE NO. 1264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION
50.03 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO THE COLLECTION, TRANSPORTATION
AND DISPOSAL OF REFUSE
WHEREAS, the State of California through its California Integrated Waste
Management Act of 1989, commonly referred to as Assembly Bill 939 AB939), requires
that each local jurisdiction in the state divert fifty percent 50%) of discarded materials
base year 1990, State methodology) from disposal in landfills and transformation
facilities;
WHEREAS, each city and county in California, including the City, could face
fines up to $10,000 a day for not meeting the above goal; and
WHEREAS, the illegal collection, transportation and disposal of refuse materials
originating and generated within the Baldwin Park City limits compromises the City's
ability to comply with AB939 mandates,
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
Section 1. Section 50.03 of the Baldwin Park Municipal Code is amended to
read as follows:
50.03 COLLECTION, TRANSPORTATION AND DISPOSAL OF REFUSE
A) Any person who collects, carries, conveys or transports refuse
materials generated or originating within the jurisdictional limits
of the city in, over, upon or through any public street, alley or
public place of the city shall be guilty of a misdemeanor if the
amount of refuse exceeds two 2) cubic yards.
B) Any person who collects, carries, conveys or transports refuse
materials generated or originating within the jurisdictional limits
of the city in, over, upon or through any public street, alley or
public place of the city shall be guilty of an infraction if the
amount of refuse is two 2) cubic yards or less.
C) Subsections A) and B) shall not apply to an officer or
employee of the city while acting in the course and scope of
their official duties.
D) Subsections A) and B) shall not apply to a person who has a
valid franchise issued by the city pursuant to this subchapter, or
an agent or employee of that person while acting in the course
and scope of their official duties pursuant to that franchise.
ORD 1264ÛyÁ åw @äÚyÿ Š Fèô Ordinance 1264
Page 2
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 subsection,
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, APPROVED AND ADOPTED this 3`d day of Au 2005.
OR
M wN0
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK T
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance 1264 was introduced at a regular
meeting of the City Council held July 20, 2005 and was adopted by the City Council at
its regular meeting held on August 3, 2005, by the following vote of the Council:
AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van
Cleave, Mayor Pro Tern Ricardo
Pacheco and Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNC B S: NONE
ROSEMARY M. I CMC
CHIEF DEPUTY CITY CLERK
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38657-U01
ORD-U02
1264-U02
LI2-U03
FO8535-U03
FO62476-U03
DO75125-U03
C5-U03
ORDINANCES-U03
10/19/2005-U04
ROBIN-U04