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HomeMy WebLinkAbout91-6 - Amending Section 6.04.070 of the Newport Beach Municipal Code Pertaining to Entry onto Private Property for the Purpose of Collecting Recyclables and GarbageORDINANCE NO. 91- 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6.04.070 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ENTRY ONTO PRIVATE PROPERTY FOR THE PURPOSE OF COLLECTING RECYCLABLES AND GARBAGE. •The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1• Section 6.04.070 of the Newport Beach Municipal Code shall be 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. The provisions of this Section shall not prohibit: 1. Any person from gathering and removing refuse isor 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. 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, General Services Director, Fire Chief, Building Director or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare; is4. Any non - profit organization from collecting recyclables in any manner which does not conflict with this ordinance or any other provision of this Code. SECTION 2: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11 th day of February , 1991, and adopted on the 25th day of February , 1991, by the following vote, to -wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE • ABSENT COUNCILMEMBERS NONE MAYOR Trash.ord 2/5/91 i