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HomeMy WebLinkAbout2124 ORDINANCE NO. 2124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5120 OF THE ARCADIA MUNlCIP AL CODE AND DELETING SECTIONS 5120.4 (REMOVING WASTE MATERIAL), 5120.6 (PERMIT REQUIRED), AND 5130.5 (ANTI-SCAVENGING) RELATING TO REMOVAL OF GARBAGE AND RECYCLABLES WHEREAS, the City has an interest in preventing the proliferation of litter of any kind throughout the City; and WHEREAS, the City's interest in preventing and limiting litter can be partially addressed by prohibiting unauthorized persons from removing and transporting material, including recyclable material, from containers within the City; and WHEREAS, the City can more effectively limit the unauthorized removal and transportation of material, including recyclable materials which cause litter, from containers within the City by unifying otherwise repetitive Municipal Code prOVISIOns. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: ( '. SECTION 1. Article V, Chapter I, Part 2, Division 0, Section 5120 of the Arcadia Municipal Code is amended in its entirety to read as follows: 1 2124 "SECTION 5120. COLLECTION OF DISCARDED GARBAGE, REFUSE AND RECYCLABLES. RESTRICTED. (a) No person shall, sort through, gather, collect, or remove from any container, wherever situated, any discarded garbage, dry garbage, residential refuse, commercial refuse, junk, salvage, recyclables, or similar waste materials, nor shall any person convey the same upon or along any public street within the City, or cause or permit any combination of the above to occur without first obtaining a valid permit to do so pursuant to Chapter 3 of Article vI.' (b) Subdivision (a) of this Section shall not apply to any of the following persons, firms or corporations: (1) Any person, firm, or corporation in the employ of the City who shall be assigned by the Council to the work of sorting through, gathering, collecting or removing garbage, dry garbage, residential refuse, commercial refuse, junk, salvage, recyclables, or similar materials; (2) Any person, firm, or corporation with whom the City has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing garbage, dry garbage, residential refuse, commercial refuse, junk, salvage, recyclables, or similar materials; 2 2124 (3) Any employee of any person, firm, or corporation with whom the City has entered into or may hereafter enter into a contract for the sorting through, gathering, collecting or removing garbage, dry garbage, residential refuse, commercial refuse, junk, salvage, recyclables, or similar materials, during the time such contract shall be in force, and who is acting within the scope of his or her employment. (c) For purposes of this section, the term "discarded" shall refer to the act whereby an owner of any material pays any fee to another for the services of collection, removal or disposal of such material. (d) No person shall be subject to an action for violation of this section, unless the person knows, or reasonably should know, that the materials would otherwise be collected by persons or entities authorized by the City for the purpose of collection, disposal, hauling or recycling. (e) Violation of this Section is hereby declared a misdemeanor punishable in accordance with Section 1200 of this Code." SECTION 2. Sections 5120.4 (Removing Waste Material), 5120.6 (Permit Required), and 5130.5 (Anti-Scavenging), of the Arcadia Municipal Code are hereby deleted in their entirety. 3 2124 SECTION 3. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days its adoption. Passed, approved and adopted this 1st day of August ,2000. ~-I1~J Ma oft City of Arcadia ATTEST: 2:'~'/~ Dj~~, Cit lerk APPROVED AS TO FOI\M: ~r~ City Attorney 4 2124 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2124 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1 st day of August, 2000 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic NOES: None ABSENT: None 5 2124