HomeMy WebLinkAbout97-27 - Adding Sections 6.04.045 and 6.04.191 to Chapter 6.04 of the Newport Beach Municipal Code, Pertaining to Commercial Use of Public Refuse ContainersORDINANCE NO. 97- 27
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADDING SECTIONS 6.04.045 AND
6.04.191 TO CHAPTER 6.04 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO COMMERCIAL
USE OF PUBLIC REFUSE CONTAINERS.
The City Council of the City of Newport, Beach does hereby
ordain as follows:
Section 1: Section 6.04.045 is hereby added to Chapter 6.04 of the Newport
Beach Municipal Code to read as follows:
N
6.04.045 Public Refuse Container Defined.
The term "Public Refuse Container" shall mean all refuse containers with a
forty -four (44) gallons or one to three cubic yard capacity suitable for the storage and
collection of refuse which are procured, placed, and maintained on public property
• pursuant to Section 6.04.190 of this Chapter.
Section 2: Section 6.04.191 is added to Chapter 6.04 of the Newport Beach
Municipal Code to read as follows:
6.04.191 Prohibition of Commercial Use of Public Refuse Containers.
No person who owns, leases, operates, manages, or is employed by a business
as that term is defined in Section 5.04.010 of this Code, shall deposit or cause to be
deposited, any refuse generated by the business into any public refuse container
unless otherwise authorized by Resolution of the City Council of the City of Newport
Beach.
SECTION 3: That is any, section, subsection, sentence, clause, phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall
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Ord 97 -27
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„ phrases be declared unconstitutional.
SECTION 4: 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 within fifteen (15) 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 14th day of July 1997, and adopted on the
28th day of July , 1997, by the following vote, to -wit:
AYES, COUNCILMEMBERS O'Neil, Thamon,
Hedges, Glover, Noyes, Mayor Debdy
• NOES, COUNCILMEMBERS NO1e
L J
ATTEST:
CITY CLERK
ABSENT, COUNCILMEMBERS Edwards
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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. 97 -27 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 28th
day of July, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O Neil, Thomson, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Edwards
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of July, 1997.
(Seal)
City Clerk of the City of
Newport Beach, California
RTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -27 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: August 24 1997.
In witness whereof, I have hereunto subscribed my name this 7d day of
1997.
City Clerk of the City of
Newport Beach, California