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