ORD-12-89 CONCERNING RECYCLABLE MATERIALS AND THE UNAUTHORIZED COLLECTION AND TRANSPORTAION OF RECYCLABLE MATERIALS SET OUT FOR THE CURBSIDE RECYCLING PROGRAMORDINANCE NO. 12-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 8.
28 ENTITLED "GARBAGE" BY AMENDING 8.28.
010 BY ADDING SUBSECTION "G"
CONCERNING RECYCLABLE MATERIALS AND ADDING
SECTIONS 8.28.075 AND 8.28.076 REGARDING THE
UN-AUTHORIZED COLLECTION AND
TRANSPORTATION OF RECYCLABLE MATERIALS SET OUT FOR
THE CURBSIDE RECYCLING PROGRAM FOR THE
CITY OF
ORANGE.WHEREAS, in 1986, the State Legislature adopted the
Beverage Container Recycling and Litter Reduction Act, (AB 2020) with a
goal to recycle 80% of the beverage containers made of glass,
plastic,and aluminum and to reduce the amount of material which
would otherwise be taken to the landfills;
and WHEREAS, the city Council desires to reduce the amount
of refuse the city must take to the landfill in order to extend
the life of the landfills;
and WHEREAS, many of the citizens of Orange have expressed
their desire to the city Council to have a curbside recycling program
in the City of Orange;
and WHEREAS, the City Council desires to promote recycling
within the city as a means to reduce the wastestream;
and WHEREAS, the City Council is aware of the many complaints
by the citizens of Orange regarding scavenging through waste
con-tainers by people searching for recyclable material;
and WHEREAS, the City Council desires to operate a
curbside recycling program and protect the recyclable material to
support such a
program.NOW, THEREFORE, the City Council of the City of Orange
ordains as
follows:Section
I:AMEND Section 8.28.010 to the Orange Municipal Code to add
the definition of Recyclable Materials by adding Subsection "G" to
read as
follows:G. RECYCLABLE MATERIALS. Recyclable Materials
shall include, but not be limited to, newsprint,
corrugated cardboard, glass, metal, plastic, aluminum, or other
such materials which are placed within the city right-
of-way or within the vicinity of any curb, parkway, or
refuse bin
for
Section II:
Add section 8.28.075 to the Orange Municipal Code to Chapter
8.28 to read as follows:
8.28.075 Authorization to Remove and Convev Recvclable
Materials. All recyclable materials as defined by Section
8.28.010 G of this Chapter, which are placed within the city's
right-of-way or within the vicinity of any curb or refuse
bin for collection purposes shall become the property of the
city of Orange; and no person other than the employees or
contract agents of the city acting in the scope of their agency or
employment shall remove from any place or premises in the city or transport
over the public streets or alleys thereof any such
recyclable material.This Section shall exclude non-profit
organizations which have agreements with residents to collect
and transport recyclable materials. Agreements between
residents and non-profit organizations shall not include
any recyclable materials placed within the city's right-of-way or in
the vicinity of any curb or refuse bin.
Any such organization must substantiate their non-profit status upon the
request of the Director of Public Works.The city
council is hereby authorized to obtain additional financial information
for the permittee at any time
such information
is found to be necessary.section III:Add section 8.28.076
to the Orange Municipal code to
Chapter 8.28 to read as follows:8.28.076 Exceptions.
This Chapter shall not apply to the following: A. A
person from removing the refuse or recyclable materials which have
been generated
on premises owned or controlled by him.B. The immediate removal
by an authorized person or refuse or recyclable materials
which are found by the local administrative authority, Public
Works Director, Fire Marshal, or Public Safety Director to constitute a nuisance
or a danger to
the public
health,safety, or general welfare.section IV: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
or and against
section 36933.
from and after
the Ordinance in accordance with Government Code
This Ordinance shall take effect thirty (30) days
the date of its final passage.
ADOPTED this 25th day of Julv 1989.
l6;~a or of he City of ange
ATTEST:
j~/ (]~~
ci ty Cler of tJ6!' C' Y of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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
18th day of Julv, 1989, and thereafter at the regular meeting of
said city Council duly held on the 25th day of Julv, 1989, was
duly passed and adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONEABSENT:
U/~i~~
City Clerk f th itj' of Orange
3-ORDINANCE 12-