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HomeMy WebLinkAbout2000-1 - Amending Section 6.04.090 of the Newport Beach Municipal Code, Pertaining to Garbage and Refuse Container Requirements.• ORDINANCE NO. 2000 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6.04.090 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO GARBAGE AND REFUSE CONTAINER REQUIREMENTS The City Council of the City of Newport Beach does hereby ordain that Section 6.04.090 of the Newport Beach Municipal Code is amended to read, in full, as follows: SECTION 1: Section 6.04.090 of Chapter 6.04 is amended to read as follows: Section 6.04.090. Garbage and Refuse Container Requirements. A. All refuse set out for collection shall be placed in containers that satisfy the following requirements: 1. The container shall not exceed thirty -five (35) gallons in capacity; 2. The container shall not exceed fifty (50) pounds in weight, including contents; 3. The containers shall be constructed of plastic or other similar watertight • material; 4. The container shall be equipped with fixed, immobile handles located below the top edge of the container that are large enough to accommodate a gloved hand; 5. The container shall have a watertight cover that is not attached in any way to the container; 6. The container shall be tapered with the diameter of the bottom no more than five inches less than the diameter of the top; 7. Sturdy, grease- resistant, waterproof non - returnable bags which are specifically designed for garbage and refuse shall be deemed to satisfy the requirements of this Subsection provided each bag complies with the weight (fifty pound maximum) and capacity restrictions, the opening is secured, and the weight does not cause the bag to tear when handled. B. No person shall place any container with refuse on public property for collection unless the container fully complies with Subsection A. No refuse will be collected unless the refuse is placed in containers that comply with Subsection A. C. Notwithstanding any other provision of this Code, the violation of this Section shall constitute an infraction and shall be punishable as such or in accordance • with Chapter 1.05 of this Code. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, • for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective September 1, 2000. SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of January, 2000, and adopted on the 8th day of February, 2000 by the following vote, to wit: r 1 LJ ATTEST: �9 f )4, Q& City Clerk • AYES: Glover, Adams, Ridgeway, O'Neil and Mayor Noyes NOES: ABSENT: Mayor J 0 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2000 -1 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of February, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Adams, Ridgeway, O'Neil and Mayor Noyes Noes: None Absent: Thomson, Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of February 2000. (Seal) 'dam CIA wa" City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2000 -1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: February 12, 2000. In witness whereof, I have hereunto subscribed my name this o?3'y-'l day of , 2000. City Clerk City of Newport Beach, California