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Home My WebLink About536 - Garbage & Refuse RegulationsWftiWANCE NO. 516 The City cf Newport Bcach, by 2hd through its City Council, does ordain as follows: SECTION I: Section 1 of Or- dinance No. 112 of the City of Newport Beach is hereby amended to read as follows: Section 1. The use of the word "garbage" in this ordinance shall, for the purpo0. of this ordinance, be construed to mean, co mprehend- cd and inchrde every refuse accum- ulation cf animal, fruit or vege- table matter, liquid or otherwise, that attends the preparation, use, Cooking, dealing in or storing of meat, fowl, fruit or vegetables." SECTION II: Section d of Or- dinance No. 112 of the City of Newport Beach is hereby amended to read as follows: Section 4. It shall be unlawful for any person or persons, except the persons designated and ap- pointed by the said Street Super- intendent to haul, carry, or trans- port over, along or upon any street, avenue, lace, alley or high- way of the City of Newport Beach any garbage or to collect, haul away, or dispose of garbage in the City of Newport Beach, except that all wholesale and retail busi- nesses dealing in fish or fish prod - ncts shall dispose of, promptly and in a saritary and proper manner, all their refuse. accumulation of fish or vegetable matter, liquid or othcrwise. that attends the prep - arat ;cn, use, cooking, canning, dealing in or storing of fresh fish, frozen fish, or canned fish. SECTION III: Section 5 of Or- dinance No. 112 of the City of Newport Beach is hereby amended to read as follows: Section 5. It shall be the duty of every owner or person occupying and in charge or every residence or place of business where garbage accumulates, except as to whole- sale and retail businesses canning, dealing in, preserving fish or fist products, to provide and keep at such residerce, or place of busi- ness, a receptacle of not exceeding eight gallons contents, constructed of metal or other watertight ma- terial, in which shall be placed all garbage which shall accumulate thereat: all of said receptacles shall be furnished and provided with a cover which shall prevent any odor or smell from escaping from the receptacle and shall also exclude all flies and other insects from reaching or coming in contact with the garbage. All such re- ceptacles shall be plainly labeled on the outside with the word "gar- bage" and nothing but garbage shell be placed in any such re- ceptacle. SECTION IV: There is hereby added to Ordinance No. I12 of the City of Newport Beach a new sec- tion, to be known and designated Section L -a, ar-d shall read as fol- lows: Section 5 -a. It shall be the duty of all wholesale and retail fish businesses, fish preserving plants, fish cold storage plants, fish can- ning plants, wholesale and retail fish markets, and all businesses dealing in fish or fish products, to dispose of, in a. sanitary and clean manner and at their sole cost and expense, all garbage accumulations in reference to their said respective businesses, and at all times keep their said respective businesses in a sanitary manner free of garbage accumulations and refuse, and shall at all times Prevent any odor or smell from escaping from their respective businesses, and shall also exclude all flies and other Insects from reaching or coming in contact with reuse or garbage accumulations from their respec- tive businesses. SECTION V. There is hereby added to Ordinance No. 112 of the City of Newport Beach a new oec- tion, to be known and designated as Section 9 -a, and shall read as follows: Section 9 -a. All owners, contrac- tors and builders of structures in the City of Newport Beach shall, upon the completion of any such structure, gather tin and haul away, at their sole cost and ex- pense, all refuse of every nature, description or kind, occasioned by or which has resulted from the building of said structure, includ- ing all lumber scraps, shingles, plaster, brick, stone, concrete as_d other building material, and shall place the lot en which said struc- ture has been constructed and erected in a sightly condition. SECTION VI. Any person or persons who shall do any act or thing in this ordinance declared to be unlawful, or shall fail or refuse to do or perform any act or thing required of said person or persons to be done by them under the pro- visions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereo_= shall be punished by a fine not exceed- ing $75.00 or by imprisonment in the city jail of the City of Newport Beach not exceeding 30 days, or by both such fine and Imprisonment in the discretion of the Ccurt. SECTION VII. If any section, subdivision, sentence, clause or phrase of this Ordinance shall hereafter be declared unconstitu- tional, such decision shall not af- fect the validity of the remaining portion of this Ordinance. The City Council of the City of Newport Beach hereby declares that it would,. have passed this ordinance. and each section, subdivision, seir- tence, clause and phrase thereof irrespective of the fact that any one or more sections, subdivisions; sentences, clauses, or phrases be declared unconstitutional. SECTION VIII. This is an emergency measure and is urgent- ly required for the immediate preservation of the public health and safety by reason of the fol- lowing facts and conditions, to -wit` That there are a number of fish canneries and wholesale and retail fish markets in the City of New - Port Beach who now threaten, un- der the provisions of Ordinance No. 112, to place in cans, as provided for by said Ordinance, all fish refuse of every nature, description or ]rind; th8t the garbage in the City of Newport Beach is now be- ing gathered by a contractor who feeds said garbage to hogs, which are in turn sold to the market; that it is forbidden by law to use fish for feeding purposes to hogs, in that said fish taints the flesh of said hogs and makes the flesh thereby unmarketable; that if the City of Newport Beach permits canners and others dealing in fish and fish products to place their refuse in cans to be gathered by the garbage collectors of the City of Newport Beach, it will make said garbage unprofitable to handle and cause the City a great deal of extra expense in disposing of and in taking care of said garbage. SECTION IX. The City Clerk shall certify to the separate vote on the urgency of this Ordinance and to its passage by the vote of five members of the City Council of the City of Newport Beach, and shall cause the same to be pub- lished once in the Newport Balboa News - Times, a semi - weekly news- paper of general circulation print- ed, published and circulated in the City of Newport Beach. I hereby certify that the question of the urgency of the foregoing ordinance was passed, and the foregoing ordinance was adopted, by the vote of five members of the City Council of the City of Newport Beach at an adjourned regular meeting thereof held on the 20th day of August, 1945. AYES, Councilmen: Allen, Stan- ley, Isbell, Reed, Hall. NOES, Councilmen: None. ABSENT, Councilmen: None. The above and foregoing Ordin- ance is approved by me this 20th day of August, 1945. CLYAN H. HALL, Mavor, City of Newport Beach: ATTEST: FRANIi L. RINEHART, City Clerk. City of Newport-Beach::- .. Pub.;= 9ugustz2 1945,E _'F�i _ i •