HomeMy WebLinkAbout1403 - Garbage- Refuse- CuttingsORDINANCE NO.
_ AN ORDINANCE OF THE CITY
•� AMENDING CHAPTER 6.04 OF
MUNICIPAL CODE, ENTITLED
AND CUTTINGS"
1403
OF NEWPORT BEACH
THE NEWPORT BEACH
"GARBAGE, REFUSE
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Chapter 6.04 of the Newport Beach Municipal
Code is amended to read:
Sections:
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
• 6.04.090
6.04.100
6.04.110
6.04.120
6.04.130
6.04.140
6.04.150
6.04.160
6.04.170
6.04.180
6.04.190
6.04.200
6.04.210
6.04.220
6.04.230
"CHAPTER 6.04
GARBAGE, REFUSE AND CUTTINGS
Garbage Defined.
Reuse Defined.
Cuttings Defined.
Beach Defined.
Nuisance Declared.
Disposal on Public!Property Prohibited.
Hauling Restricted to Contract Agents
and City Employees.
Responsibility for Providing Containers.
Garbage and Refuse Container Requirements.
Cuttings.
Contents of Containers.
Prohibited Materials.
Fish and Fish Products.
Accumulation Limitation.
Storage and Placement of Containers for
Collection.
Administration of Collection Service.
Costs Defrayed from Ad Valorem Tax.Revenue.
Removal of New Building Scraps.
Public Refuse Containers.
Tampering with Public Refuse Containers.
Prohibited Disposal.
Persons Required to Clean Sidewalks.
Burying of Garbage and Refuse Prohibited.
6.04.010 Garbage Defined. The term 'garbage' shall
mean and include all animal and vegetable refuse incident to
preparation or handling of food.
6.04.020 Refuse Defined. The term 'refuse' shall mean
and include rubbish and trash such as paper, rag, cardboard,
fiber, metal, glass, carton, container, box, bottle or jar,
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and other articles or materials of a similar nature nor-
mally discarded as household or business refuse,
6.04.030 Cuttings Defined. The term 'cuttings' shall
mean and include trimmings from trees or shrubs, plants,
grass cuttings, or removed or discarded branches, shrubs,
or plants.
6.04.040 Beach Defined. The term 'beach' shall mean
and include all the shore of the Pacific Ocean lying southerly
of the most southerly line of the public.street nearest and
parallel to the ocean and all the shore of the harbor, and
any bay or channel in the City of Newport Beach.
6.04.050 Nuisance Declared. The accumulation and
existence of garbage, refuse or cuttings on any private prem-
ises, on, in, or upon any beach, street, alley or other public
place within the City may be declared to be a nuisance. No
person who owns, controls or occupies any premises in the
City shall cause, permit or allow any such nuisance to exist
thereon.
6.04.060 Disposal on Public Property Prohibited. No
person shall throw, deposit or leave any refuse, garbage or
cuttings, or, being in possession and control of any refuse,
garbage or cuttings, shall permit the same to be thrown,
deposited, or left in or upon any street, public beach or
other public place, or on the shore, or in the waters of
Newport Bay within the City.
6.04.07 0 Hauling Restricted to Contract Agents and
City Employees. No person other than contract agents or
employees of the City or a sanitary district acting in the
scope of their agency or employment, and private collectors
having a license to do so from the City, shall remove from
any place or premises in the City or transport over the pub-
lic streets thereof any garbage, refuse or cuttings. This
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section does not prevent the £ollowing:.(4) A person from
gathering and removing refuse or cuttings from premises as
a result of construction, landscaping or gardening services
• when the same has not been set out for collection by the
City, the district or a private collector; (b) a person
from removing garbage, refuse or cuttings which have been
generated on premises owned or controlled by him; or (c)
the immediate removal by any person of garbage, refuse or
cuttings which are found by the Health Officer, General
Services Director, Fire Marshal or Community Development
Department Director to constitute a nuisance or a danger
to the public health, safety or general welfare.
6.04.080 Responsibility for Providing Containers.
Every owner, occupant, manager or person in control of the
premises of any dwelling unit or units, or of any place of
business or institution within the City where garbage and
refuse accumulates, shall provide or cause to be provided
• a sufficient number of containers to accommodate all refuse
and garbage accumulated on the premises between collection
days. The occupant, manager or person in control of the
premises shall be primarily responsible for providing the
required containers and upon his failure to do so, the
owner of the premises shall comply with the requirements
of this section within five (5) days after receiving notice
so to do.
6.04.090 Garbage and Refuse Container Requirements.
Any one container shall not exceed 45 gallons in capacity
and 50 pounds in weight, including contents. Containers
shall be constructed of metal, plastic or other watertight
material; shall be equipped with handles and a cover suf-
ficient to prevent odor from escaping the container, flies
and other insects from reaching or coming in contact with
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garbage, the contents from being blown away, and rain from
entering such container. Said container shall be tapered
for easy emptying, with the diameter of the bottom of the
• container less than the diameter of the top, but such dif-
ference not exceeding five (5) inches. In place of the
containers specified herein, garbage, refuse and cuttings
may be placed for collection in sturdy, grease- resistant,
waterproof non - returnable bags which are specifically
designed for garbage and refuse disposal; said bags must
be securely tied to prevent spillage.
The use of oil drums as garbage and refuse
containers is prohibited.
6.04.100 Cuttings. Tree limbs, branches, hedge cut-
tings, and similar materials may also be disposed of by
placing them in refuse containers in such manner that the
lid can be secured and the contents may be readily emptied.
Said materials may also be placed on the ground at the col-
is lection place if they are securely tied with cord into
bundles four (4) feet or less in length, eighteen (18) inches
or less in diameter, and not more than 50 pounds in weight.
In addition, said materials may be placed in cardboard car-
tons which are not longer than four (4) feet and which do
not have a loaded weight exceeding 50 pounds, and such car-
tons will be collected with the contents.
6.04.110 Contents of Containers. Contents of con-
tainers shall be limited to garbage, refuse, and cuttings
as defined in Sections 6.04.010, 6.04.020, and 6.04.030
herein, except as qualified to the extent set forth in
this section:
(a) Garbage: Food waste or animal feces
must be thoroughly drained and securely wrapped to
prevent leakage, odor, and access to flies and animals;
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(b) Refuse: Feathers and ashes must be
dampened and securely wrapped, and vacuum cleaner
sweepings must be securely wrapped. Newspapers and
magazines may be placed on the ground for collection
if securely tied in bundles not to exceed 50 pounds
in weight.
(c) Cuttings: Grass, tree, shrub and
flower trimmings, leaves and weeds must be contained
as set forth in Section 6.04.100.
6.04.120 Prohibited Materials. The following materials
are prohibited in refuse set out for collection: Ammunition;
explosives; industrial wastes; chemicals; pathelogical, toxic,
and radioactive waste; acids; drugs; medicines; human feces;
unwrapped animal feces; and items which are too large for the
collection equipment or which may damage the collection machin-
ery such as large pieces of metal, machine parts, logs, and
tree stumps. Sod and building scraps as explained in Section
• 6.04.180 may be refused at the discretion of the collector.
6.04.130. Fish and.Fish Products. Each wholesale and
retail fish business, fish preserving plant, fish cold storage
plant, fish market, and each business dealing in fish or fish
products, shall dispose of, promptly and in a sanitary and
clean manner, and at its sole cost and expense, all garbage
accumulations in reference to its respective business, and
at all times keep its respective business premises in a
sanitary manner free of grabage accumulations and refuse,
and shall at all times prevent any odor or smell from es-
caping from its respective business premises and shall also
exclude all flies and other insects from reaching or coming
in contact with refuse or garbage accumulations from its
• respective business premises.
6.04..140 Accumulation Limitation. No person who owns,
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controls or occupies any premises shall permit garbage to
accumulate for a period in excess of one calendar week, or
refuse or cuttings to accumulate for a period in excess
of one calendar month, or fail, refuse or neglect to place
such garbage and such refuse and cuttings for collection in
accordance with schedules established therefor, the provisions
of the Chapter, and rules and regulations established pur-
suant thereto.
6.04.150 Storage and Placement of Containers for Col-
lection. Containers, except when placed out for collection, or
stored in alleys, shall be stored out of public view from any
street. When compliance with this requirement is determined
not to be feasible by the General. Services Director, he may
grant a revocable exception in writing. Containers shall be
placed for collection in a location easily accessible to the
refuse collector on the street side of sidewalks, in the
parkway, or in driveways next to the curb. .Containers shall
is not be placed in the gutter or street. When the premises
abut upon an alley, containers shall be placed for collec-
tion at or next to the abutting property line in the alley,
but in no case shall the containers obstruct any vehicular
travel through the alley. Containers shall be placed for
collection by 7:00 a.m. on collection days, but not earlier
than 7:00 p.m. the day preceding the collection day. Con-
tainers shall be removed from the collection location as
soon as possible after collection, but no later than 7:00
a.m. of the day following collection.
6.04.160 Administration of Collection Service. The
City Manager or designated representative shall administer
the provisions of this Chapter. In carrying out this respon-
sibility, he shall have the following powers and duties:
(a) Establish the routes, hours and days
of collection and he may change the same as he deems
necessary, and shall give notice of such routes, hours,
days and changes as seems advisable.
(b) Establish rules and regulations con-
sistent with this Chapter governing storage, collection
and disposition of garbage, refuse and cuttings, including
the determination of standards and specifications for
approved containers and the placement of containers. The
rules may permit special containers or bins when the
quantity or the nature of the material to be collected
so requires.
(c) Establish additional rules and regula-
tions consistent with this Chapter as may be necessary,
reasonable and proper to effect the sanitary, expedient,
economical and efficient collection, removal and dis-
posal of garbage, refuse and cuttings.
6.04.170 Costs Defrayed from Ad valorem Tax Revenue.
The cost and expense of collecting, hauling away and disposal
of garbage, refuse and cuttings, as those terms are defined
by Sections 6.04.010, 6.04.020 and 6.04.030, shall be defrayed
exclusively from the ad valorem tax revenues of the City of
Newport Beach.
6.04.180 Removal of Building Scraps. All owners,
contractors and builders of structures shall, upon the com-
pletion or demolition of any such structure, gather up and
haul away, at their sole cost and expense, all refuse of
every nature, description or kind, which has resulted from
the building or demolition of the structure, including all
lumber scraps, shingles, plaster, brick, stone, concrete
and other building material, and shall place the lot and
all nearby premises utilized in such construction in a
sightly condition.
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6.04.190 Public Refuse Containers. The City Manager
or designated representative shall procure, place and main-
tain at suitable places on certain business sidewalks, the
public beaches, piers and bay and ocean front street ends
a sufficient number of refuse containers to receive and hold
refuse and garbage generated by the general public at those
locations. Occupants of residences and business establish-
ments are prohibited from using such public containers for
disposal of refuse, garbage and cuttings generated in their
households or places of business. The General Services
Director shall at all times keep public containers in a
clean and sightly condition and in good order and repair;
provided that the failure of the General Services Director
to furnish and provide such containers shall not be held
or construed to relieve any person from the penalties of
this Code.
6.04.200 Tampering with Public Refuse Containers. No
• person shall remove, without lawful authority, any container
from the place where it is placed and maintained by the
General Services Director, or wilfully deface, injure, damage
or destroy, or use any container for any purpose other than
the authorized placing of refuse and garbage therein by the
general public.
6.04.210 Prohibited Disposal. (a) On Another's
Property: No person shall throw, deposit or leave any
refuse, garbage or cuttings, or who being in possession and
control of any refuse, garbage or cuttings, permit them to
be thrown, deposited or left on the property or premises of
another located in the City without the knowledge and prior
permission of the owner thereof.
• (b) On Own Property: No owner of real
property shall throw, deposit or leave, or knowingly permit
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another to throw, deposit or leave, refuse, garbage or cut-
tings on such real property, nor shall he fail, neglect or
refuse to wholly remove them from such real property, within
ithree (3) days after receipt of written notice by the General
Services Director so to do.
(c) By Tenants: No owner of real property
located in the City shall knowingly permit or countenance
his tenants while in occupation of such real property to
throw, deposit or leave any refuse, garbage or cuttings upon
the property or premises of another.
6.04.220 Persons Required to Clean Sidewalks. The
occupant or tenant, or in the absence of an occupant or
tenant, the owner, lessee, or proprietor of any real estate
in this City in front of which there is a paved sidewalk
shall cause said sidewalk to be swept or otherwise cleaned
as frequently as necessary to maintain said sidewalks rea-
sonably free of leaves, dirt, paper, litter or rubbish of
• any kind. Sweepings from said sidewalk shall not be swept,
or otherwise made or allowed to go into the street or gutter,
but shall be disposed of by being placed in a refuse con-
tainer by the person responsible for the cleanliness of
said sidewalk.
6.04.230 Burying of Garbage and Refuse Prohibited.
No person shall dispose of, or attempt to dispose of any
refuse or garbage by burying it in or underneath the sur-
face of the earth."
SECTION 2. This ordinance shall be published once in the
official newspaper of the City, and the same shall be effective 30
days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 26th
day of October 1971, and was adopted on the 8th day of
November 1971, by the following vote, to wit:
ATTEST:
4 e'5,�r City Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
NOV 16 1971
DATE... ...............................
... .............
CITY CLERK OF THE CITY OP Nc PORT BEACH
DO'N dm
11/9/71
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AYES, COUNCILMEN: Kymla, Rogers,
Hirth, Croul, Dostal, Parsons
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: McInnis
Mayor