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HomeMy WebLinkAbout95-25 - Amending Sections 6.04.080 and 6.04.150 of the Newport Beach Municipal Code, Regarding Storage and Placement of Refuse ContainersNO. 95- 25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6.04.080 AND 6.04.150 OF THE NEWPORT BEACH MUNICIPAL CODE, REGARDING STORAGE AND PLACEMENT OF REFUSE CONTAINERS. •Section 1: The City Council of the City of Newport Beach ordains that Sections 6.04.080 and 6.04.150 of Chapter 6.04 of the Newport Beach Municipal Code shall be amended to read as follows: 6.04.080 Responsibility for Providing Containers. A. Except as provided in subsection (b) , every owner and tenant of any dwelling unit or units, or any place of business or institution within the City where garbage and /or refuse accumulates, shall provide a sufficient number of containers to accommodate all refuse and /or garbage accumulated on the premises between collection days. B. The owner and tenant are each responsible for providing the required number of containers, provided, however, the occupant • of any dwelling unit for which a short term lodging permit has been issued by the City shall not be responsible for compliance with this section. C. Failure of the owner or tenant to comply with the provisions of this section shall constitute an infraction. 6.04.150 Storage and Placement of Containers for Collection. A. Containers shall be stored in a garage, trash enclosure, or in the sideyard and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers are placed out for collection. B. Placement for Collection. • 1. Containers shall be placed for collection in a location easily accessible to the refuse collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers shall not be placed in the gutter or street. 2. if refuse is collected from an alley abutting the 1 premises, containers shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers shall be placed adjacent to the yellow line on the private property side. In no event shall • containers be placed more than eight (8) feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley. 3. Containers shall not be considered placed for collection and garbage, refuse and cuttings will not be collected unless containers are removed from any enclosure, structure, cabinet, cart or shelf. 4. Containers shall be placed for collection before 7:00 a.m. on collection days, but not earlier than 7:00 p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than 7:00 p.m. of the day of collection. • C. The owner and tenant are each responsible for the placement of containers, provided, however, the occupant of any dwelling unit for which a short term lodging permit has been issued by the City shall not be responsible for compliance with this section. Section 2: Should any section, subsection, clause, or provi- sion of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, • subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th • day of June , 1995, and adopted on the 26th day of 1995, by the following vote, to -wit: ATTEST: June , AYES, COUNCILMEMBERS EDWARDS, WATT, DEBAY, HEDGES, COX, GLOVER, O'NEIL NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYOR • 3