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ORD-31-85 PROHIBITING TAMPERING WITH GARBAGE AND REFUSE CONTAINERS OR THE CONTENTS THEREOFORDINANCE NO. 31- 85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 8.28 OF THE ORANGE MUNICIPAL CODE TO ADD SECTION 8.28.155 PROHIBITING TAMPERING WITH GARBAGE AND REFUSE CONTAINERS OR THE CONTENTS THEREOF.WHEREAS, the Orange police Department and the Department of Public Works have received numerous complaints from residents and businesses concerning persons scavenging in garbage and refuse containers and causing refuse to be removed from the containers and deposited upon the ground or street; and WHEREAS, the City's contractor is not required by contract nor ordinance to pick up refuse not in its proper container; and WHEREAS, such careless handling of garbage and refuse creates litter, unsanitary conditions and maintenance problems for the container owners and surrounding property owners; and WHEREAS, persons scavenging through the contents of garbage and refuse containers expose themselves to possible health problems or physical injury; and WHEREAS, the City Council has determined that in the interest of the public health, safety and welfare the unauthor-ized tampering or meddling with garbage and refuse containers or the contents thereof shall not be permitted.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:Section I:Chapter 8.28 of the Orange Municipal Code is hereby amended to add Section 8.28.155 to read as follows:8.28.155 Tampering with Garbage or Refuse. No person,other than the owner thereof, his agents or employees, an officer or employee of the City or an authorized refuse contractor shall enter, tamper, or meddle with any garbage or refuse container or the contents thereof or remove the contents of any such container or remove any such container from the location where the same shall have been placed by the owner thereof or his agent, regardless of whether or not such container conforms to the requirements set forth in this Section II: A summary of this Ordinance shall be published and a certified copy 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 the Orange City News, 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 13 th day of August 1985. he C~ty of Orange ATTEST: 4~~ ~e..-./C~ ty Cler of e C' 0 Orange STATE OF CALIFORNIA )COUNTY OF ORANGE ) ss CITY OF ORANGE )I, MARILYN J. JENSEN, 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 23 rd day of Y.1. , 19 85, and thereafter at a regular meeting ~f said City Council duly held on the 13 th day of August , 19 85 was duly passed and adopted by the following vote, to wit:AYES: COUNCILMEN: SMITH, MAYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ABSTAIN: COUNCILMEN: BARRERA AA'~ gO~~City Cler 0 t41"ee;rtyof Orange ORD31- 85 2 -