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HomeMy WebLinkAboutORD 1264ORD 1264ÛyÁ åw @äÚyÿŠFèô 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 @äÚyÿŠFèô 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 BIB] 38657-U01 ORD-U02 1264-U02 LI2-U03 FO8535-U03 FO62476-U03 DO75125-U03 C5-U03 ORDINANCES-U03 10/19/2005-U04 ROBIN-U04