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Home My WebLink About2011-7 - Amending Sections 6.04.070 and 6.04.240, of Chapter 6.04 of Title 6 of the Newport Beach Municipal Code, Pertaining to Collection of Garbage and Recyclables and Penalties for Violations of Chapter 6.04ORDINANCE NO. 2011- 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6.04.070 AND 6.04.240, OF CHAPTER 6.04 OF TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO COLLECTION OF GARBAGE AND RECYCLABLES AND PENALTIES FOR VIOLATIONS OF CHAPTER 6.04 WHEREAS, the City of Newport Beach is authorized, by virtue of the California State Constitution and the City Charter to enact ordinances to protect the public health, safety and welfare; and WHEREAS, the City of Newport Beach has received numerous complaints from residents within the City regarding individuals and groups of people who go through various neighborhoods within the City scavenging for recyclables and other items of value placed in trash containers; and WHEREAS, in some instances these individuals and groups of people who go through various neighborhoods within the City scavenging for recyclables and other items of value placed in trash containers have entered past closed gates and onto private property despite the posting of signs reading "KEEP OUT" or "No Trespassing" and leave the remaining items once within the trash containers scattered around on the ground to be cleaned up by residents and /or sanitary disposal personnel; and WHEREAS, trash containers often contain documents with personal identifying information that can be utilized to facilitate and commit identify theft against City residents by individuals and groups of people who search through trash containers whether the trash containers are on private property or awaiting collection by the City's refuse personnel; and WHEREAS, residential refuse collection is a service provided by the City to approximately 27,000 homes in the City. The City's Refuse personnel manually collects residential refuse each day; and WHEREAS, these individuals and groups of people who go through various neighborhoods within the City scavenging for recyclables and other items of value placed in trash containers are stealing from the City of Newport Beach and its residents as once the materials within the trash containers are collected, the material is then transferred to a Materials Recovery Facility (MRF), where it is sorted for recyclables which have monetary value and thereby reduces the overall costs to the City and its residents to dispose of the remaining refuse. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 6.04.070 of Chapter 6.04 of Title 6 is amended to read as follows: 6.04.070 Collection of Garbage and Recyclables. A. All refuse, garbage, cuttings or recyclables which are placed in the vicinity of any curb or alley for collection purposes shall become the property of the City of Newport Beach. B. No person, except an individual acting within the course and scope of their agency or employment with the City of Newport Beach, a sanitary district, or private collector licensed by the City of Newport Beach, shall remove from any place or premises in the City, or transport over public streets, any garbage, refuse, cuttings or recyclables. C. No person shall enter onto private property for the purpose of collecting or inspecting refuse, garbage, cuttings or recyclables, except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City of Newport Beach, a sanitary district, or private collector licensed by the City of Newport Beach who is then acting within the course and scope of their agency or employment. D. No person shall knowingly aid and abet another person in committing a violation of subsections A, B, or C of this Section. A person is guilty of aiding and abetting another person in committing a violation of subsection A, B, or C of this Section if the person knows of the other person's unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of a violation of subsections A, B, or C of this Section. E. The provisions of this section shall not prohibit: 1. Any person, with the permission and consent of the property owner, from gathering and removing refuse or cuttings generated by construction, landscaping or gardening on the property when the refuse and cuttings have not been set out for collection by the City of Newport Beach, a sanitary district, or a private collector licensed by the City of Newport Beach; 2 2. Any person from removing garbage, refuse or cuttings generated on property owned or controlled by that person; 3. The immediate removal by any person of garbage, refuse or cuttings which the Health Officer, City Manager, Municipal Operations Director, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; 4. Any nonprofit organization from collecting recyclables in any manner which does not conflict with this ordinance or any other provision of this Code. SECTION 2: Section 6.04.240 of Chapter 6.04 of Title 6 is amended to read as follows: 6.04.240 Violations, Penalties and Enforcement. A. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. B. Any person violating any of the provisions or failing to comply with any of the requirements of section 6.04.070 of this chapter shall be guilty of a misdemeanor pursuant to the provisions of section 1.04.010(C) of this Code, however, the violation may be prosecuted as an infraction pursuant to the provisions of section 1.04.010(A) of this Code. C. Except for section 6.04.070, any person violating any of the provisions or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction pursuant to the provisions of section 1.04.010(A) of this Code. D. In addition to, or separate from, the foregoing criminal penalties, any person violating any of the provisions or failing to comply with any of the requirements of this Chapter is subject to the issuance of an Administrative Citation pursuant to the provisions of section 1.04.010(E) and Chapter 1.05 of this Code. SECTION 3: 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 4: This ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to sections 15060(c)(2) [the activity will not result in a direct or 3 ATTACHMENT A reasonably foreseeable indirect physical change in the environment] and 15060(c)(3) [the activity is not a project as defined in section 15378] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change in the environment, directly or indirectly. SECTION 5: 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 thirty (30) days after its adoption. 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, 2011, and adopted on the 8th day of February, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Rosansky, Gardner, Selich, Daigle, Mayor Henn NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Curry 8F.V11*1;� ATTEST: 4, Q �U CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By. DA'ID ,JWNT,' ITY ATTORNEY 4 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2011 -7 was duly and regularly introduced on the 25th day of January, 2011, 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, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Daigle, Mayor Henn Noes: None Absent: Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of February, 2011. (Seal) NEB 40 X. Al �,Q City Clerk p„ ,+ City of Newport Beach, California U � ��RNIA CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -7 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 dates: 2011. Introduced Ordinance: January 29, 2011 Adopted Ordinance: February 12, 2011 P In witness whereof, I have hereunto subscribed my name this ( day of �VW�EV fi"-, - kw:� City Cle k City of Newport Beach, California