HomeMy WebLinkAboutORD-58-80 REGULATING THE COLLECTION OF REFUSE IN THE CITY OF ORANGEORDINANCE NO. 58-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING SECTIONS 8.28.
010,8.28.020 AND 8.28.070 AND ADDING
SECTIONS 8.28.010, 8.28.020, 8.28.070, 8.28.
075,8.28.085, 8.28.180, 8.28.190 AND 8.28.
200 OF THE ORANGE MUNICIPAL CODE TO REGULATE
THE COLLECTION OF REFUSE IN THE CITY OF
ORANGE.WHEREAS, pursuant to California Health and Safety
Code Section 4250, the City Council of the City of Orange
may contract for the collection or disposal, or both, of
gar-bage, waste, refuse, rubbish, offal, trimmings or
other refuse matter under such terms and conditions as may
be prescribed by the City Council of the City of Orange
by resolution or ordinance;
and WHEREAS, the City Council of the City of Orange
finds that trash drop off boxes, very large trash containers
that weigh tons and that can hold tons of trash, may be a
health and safety hazard because of their large size when
attempting to move them for trash disposal purposes 1
and WHEREAS, the City Council of the City of Orange
finds that trash drop off boxes may be a health and safety
hazard because of the large amount of trash that can be
collected in them and which may attract rats and insects and
provide a large breeding ground for germs and bacteria 1
and WHEREAS, the City Council of the City of Orange
finds that trash drop off boxes may be a health and safety
hazard because indigent people have been known to sleep in
such containers and to be injured when the boxes were
picked up;
and WHEREAS, the City Council of the City of Orange
finds and determines that, except for the City or its
authorized representative, the placement or leaving of trash
drop off boxes is a public nuisance;
and WHEREAS, because of the health and safety
factors connected with trash drop off boxes, the City
council desires to limit the use of such trash drop off
boxes in the City to the City or its authorized
representative.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:ECTION
I:Sections 8.28.010, 8.28.020 and 8.28.070 of the
Orange Municipal Code are hereby
CT!ON II:
section 8.28.010 of the Orange Municipal Code is hereby
added to read as follows:
8.28.010 Definitions. For the
certain words and phrases shall be
this section unless it is apparent
a different meaning is intended:
purpose of this Chapter,
construed as set forth in
from the context that
A. "Construction debris" means and includes any debris
resulting from construction of any building or structure.
B. "Garbage" means and includes all animal and
vegetable refuse from kitchens, all vegetable and fruit
trimmings, including such refuse from vegetable and fruit
stands and all other household refuse that has been prepared
for or intended to be used as food, or has resulted from
the preparation of food.
C. "Solid waste" shall be as defined in Section 4270
of the California Government Code.
D. "Trash" means all refuse and waste from and incidental
to the use of homes and places of business, such as tin cans,
bottles, metal cartons, broken glass, crockery, junk, paper,
rags, packing materials, such as paper, hay, straw, shavings,
excelsior and sawdust; also lawn trinnnings, weeds and leaves.
Trash" shall not include, or be construed to include, any of
the following: garbage, dead animals, dirt or earth, feces,
excrement, manure, plaster, building or construction materials,
sand, rock, gravel, broken concrete, lawn scalpings with sod,
or auto bodies.
E. "Trash Bin" means a container, for the collection
of trash, with dimensions of or exceeding fifty-four
inches by sixty inches by twenty-four inches, but not
exceeding the dimensions of six feet by five feet by
eighteen feet.F. "Trash Drop Off Box" means a container,
for the collection of trash, with dimensions of or
exceeding six feet by five feet by
eighteen feet.SECTION
I II :Section 8.28.020 of the Orange Municipal Code
is hereby added to read
as follows:8.28.020 Trash--size
and Weight Limit.A. No individual piece of material
shall be ~ubject to cOllection, as herein provided, which is of
a
SlZe in t excess of two feet by one foot by four feet an~/or
a w~ig~in excess of sixty pounds if neither a trash b~
n ~or llf:~~;pallet acceptable to the City is
provided. Trinunwgs,
w h 11 and leaves from property used for residential
purposes
s a i either be securely tied in bundles not exceeding
four ~eet n length and twelve inches in diameter, or shall be c~
t 7~hin lengths not exceeding twenty-
four inches, and place ~~a trash container of the size, shape
and
type
B. No single baled trash subject to collectio
d' , f'
n mayexceedthe1me~slons 0 f1ftY-fo~r inches by sixty
inches by twenty-four l~ches and/or, a we1ght in excess
of two thousand, pou~ds 1f ~ trash b1n or lifting
pallet acceptable to the C1ty
1S prov1ded.
SECTION IV:section 8.28.070 of the Orange Municipal
Code is hereby added to read
as follows,8.28.070 Collection
by City.A. All trash, garbage, solid waste
and construction debris accumulated in the City shall be
collected, conveyed and disposed of by the City or its
authorized representative.No person, except the City or its
authorized representative,shall collect or convey over any of the streets or
alleys of the City or dispose of any trash, garbage, solid
waste or construction debris accumulated in
the City.B. Exception. This section shall not
prohibit the actual producers of refuse or the owners of
premises upon which refuse has accumulated from
personally collecting,conveying and disposing of such refuse
provided such producers or owners comply with this chapter,
with any other governing law or ordinance of the City,
and provided a trash drop off box is
not utilized.C. The City shall have the right to enter into
a con-tract with any person for the collection of
trash, garbage,solid waste and
construction debris.8.28.075 Trash Drop
Off Box.A. No person, except the City or
its authorized representative, shall place or leave standing
any trash drop off box within
the City.B. The Director of Public Works, or
his designee,may immediately summarily abate, remove, or by
notice may require the removal of any trash drop
off box.C. The Director of Public Works may return
such trash drop off box to its owner upon payment of
an amount sufficient to reimburse the City for the
expenses of removal and storage. The Director of Public
Works, may recover from the person who places orleaves stand:
tng any trash drop off box, in an action brought in
the name of the City, the expense of such removal,
and any other damages caused by the trash drop
off box.
CTION V:Section 8.28.180 is hereby added to the
Orange Municipal COde to read
as follows,8.28.180 Contractor Insurance. The
contractor shall maintain in full force and effect dUl;ing th7 term
of ~he Contract a public liability policy w1tha f:
tvr; hundre O~sand dOllar limit, and a property damag7 :
tnsuran~e pohcy with a one hundred thousanddollar l:
tmit.
contractor shall maintain in full force and effect during
the term of the contrac:;t an adequate worker's compensation
policy and such other ~nsurance as may be required by 1
The policies sh~ll name the City as an additional insur:~'
and shall conta~n an endorsement providing that such pcli .
will no~ be c:;al'!celled, modified or reduced in limit until
Cles
notice ~n wr~ t~ng shall have been given to the City as least
thirty (30) days prior to the time of such cancellation
modification ~r reduction in limit becomes effective. The
contractOl;' s ~nsur'7nce shall b: considered primary insurance,
not contr~but~ng wJ.th and not ~n excess of insurance carried
by the City.
SECTION VI:
sections 8.28.190 and 8.28.200 are hereby added to the Orange
Municipal Code to read as follows:
8.28.190 Violation--Infraction. Any person
violating any of the provisions of this chapter shall be guilty of
an infraction and, upon conviction thereof, shall be
subject to (1) a fine of not more than fifty dollars ($ 50) for
the first violation, (2) a fine of not less than fifty
dollars 50) nor more than one hundred ($100) for a
second violation of this ordinance wi thin one year, (3) a fine
of not less than one hundred and fifty dollars ($150) nor
more than two hundred and fifty dollars ($250) for each
additional violation of this ordinance within one
year.8.28.200 Violation--
Public Nuisance.this chapter is a public nuisance
and may accordance
with law.Any
violation of be
abated in
SECTION VII:The City Council hereby declares that it
would have passed this ordinance sentence by sentence,
paragraph by paragraph, and section by section, and does
hereby declar,;,that the provisions of this ordinance are severable
and, ~f for any reason any sentence, paragraph or section
of this ordinance shall be held invalid, such decision
shall not affect the validity of the remaining parts of
this ordinance.
SECTION VIII:This ordinance shall be published once ~
ithin fifteen 15) days after its passage in the Orange Clt~ News,
a ~ews-paper of general circulation, published and
clrculated ln the City of Orange, and shall take effect thirty (
30) days from and after the date of its
final passage.ADOPTED this
22nd
day 1980.
OF
THE ATTEST:
Cr~
ltf/~~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY o:.~ Ol{A:,GE )
I, ~L\RILYN J. JENSEN, City Clerk of the City of Orange, Colifornii,.
DO HEREBY CERTIFY that the foregoing ordinance "as introduced at a
rc"ular mee t ing of the Ci ty Counc.il he lel on the 14th day of October
b __._~
1960, and thereafter at a regular meeting of said City Counc.il duly held
on the 21st day of October 1980, was duly passed and adopted by th"
follmdng vote, to wit:
AYES: COUNCILMEN: BARRERA, MAYOR BEAM, BEYER.
NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: SMITH, PEREZ.
HITNESS my hand and seal this 22nd day of October 1980.
g~~.
Marilyn J. .Tensen
City Clerk of the City of Or.1"g"
I