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HomeMy WebLinkAboutORD-20-04 Amend 8.28.05- Storage of Residential Trash ContainersORDINANCE NO. 20- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTION 8.28. 050 OF THE ORANGE MUNICIPAL CODE RELATING TO STORAGE OF RESIDENTIAL TRASH CONTAINERS.WHEREAS, Chapter 8.28 regulates curbside trash collection and recycling in the City; and WHEREAS, the City Council finds that the storage of residential trash containers in a place which is visible from the public right of way or private streets or alleys is a detriment to property values and the visual appearance of residential neighborhoods in that the trash containers themselves are aesthetically unpleasing, trash is sometimes spilled around the trash containers and the containers are sometimes overfilled so that trash protrudes over the brim of the containers; and WHEREAS, the Orange Municipal Code requires screening of multi- family and commercial trash containers, but not single family residential trash containers; and WHEREAS, the City Council finds that requiring similar screening ofresidential trash containers when not placed curbside for collection will promote the public health and welfare.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I:Section 8.28.050 of the Orange Municipal Code is deleted in its entirety and replaced with the following:8.28.050 Storage of Trash Containers and Placement for Collection.A.Trash and recycling containers shall be placed in the street or alley,as approved by the Public Works Director, next to the curb immediately adjacent to the premises at which they are stored.Such containers shall be placed in such locations not sooner than noon of the day preceding the day of their collection. All such containers shall be removed and stored in accordance with paragraph B. below by noon of the day following the day of B.Except during the permitted time for trash and recyding containers to be collected in accordance with paragraph A. above, all such containers shall be completely screened in a manner so as not to be visible from the public right-of-way, private street or alley. SECTION II:Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section,subsection, sentence, clause and phrase hereof would have been prepared, proposed,approved and ratified irrespective of the fact that anyone or more sections, subsections,sentences, clauses or phrases be declared invalid or unconstitutional. SECTION III:A summary of this Ordinance shall be published and a certified eopy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five ( 5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.ADOPTED this 28th day of September, 2004 ihfJc,JM-Mark A. Murphy, Mayor, City, Orange ATTEST:ity Clerk, City ~e Ord. No. 20- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 14th day of September, 2004, and thereafter at the regular meeting of said City Council duly held on the 28th day of September, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Alvarez COUNCILMEMBERS: None 3