SR-503-002-01 (6)
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CA:RMM:JSH:jh5227c
CIty CouncIl Meeting 12-4-84
Santa MonIca, CalifornIa
STAFF REPORT
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TO:
Mayor and City Council
DEe 0 4 1tN
FROM: CIty Attorney
SUBJECT: Ordinance Amending Municipal Code SectIon 5227C
RelatIng to POInts of CollectIon of Refuse
At its meetIng on June 26, 1984, the CIty CouncIl
dIrected the City Attorney to draft an ordinance amending
Municipal Code Section 5227C regarding points of collectIon
of refuse.
In response to this dIrectIon, the accompanYIng
ordInance has been prepared and is presented for City Council
conSIderation.
The proposed ordinance amends MunIcIpal Code SectIon
5227C by increasing the permissable encroachment into public
alleys from three feet to four feet and to authorize the
Director
of General Services to designate a point of
collection for properties which do not abut a publIC alley or
street. The proposed ordInance also prOVIdes that a property
owner may obtain a permIt to store refuse bIns on publIC
property on other than collection days obtaIning a permit as
set forth In MunIcipal Code SectIon 7151. The balance of the
ordInance maintaIns the existIng provisions of MunIcipal Code
Section 5227C.
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RECOMMENDATION
It 1S respectfully recommended that the accompanY1ng
ord1nance be introduced for first read1ng.
PREPARED BY: Robert M. Myers, City Attorney
Jonathan S. Horne, Deputy C1ty Attorney
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CA:RMM:rm5227c
CIty CouncIl MeetIng 12-4-84
Santa MonicaJ CalIfornia
ORDINANCE NUMBER
(City CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION
5227C OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO POINTS OF COLLECTION
OF REFUSE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. SectIon 5227C of the Santa MonIca MunICIpal
Code IS amended to read as follows:
SECTION
5227C.
POInts
of
CollectIon
of Refuse.
Any refuse
placed for collectIon shall not be
placed for collectIon 1n that portIon
of any street or alley abutting on
property other than the property owned
or controlled by the person placIng
the refuse. On other than collection
dayss when refuse collectIons are made
from the street, containers shall be
stored on private property no closer
than
10
feet
from
the
street
r1.ght-of-way
line,
unless
the
contaIners are stored in an enclosure.
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Where there is a public alley along
which refuse collectIons are made, all
refuse shall be placed for collection
upon prIvate property WIthin 10 feet
of the alley, providIng there shall be
no obstructions between such refuse
and
event
the alley property
there is not
line.
In the
unobstructed
area
in WhICh
private
sufficient
to place
property,
refuse
on
such
refuse may be placed so as not to
encroach upon a publIC alley more than
four feet. If there is no public
alley, refuse contaIners shall be
placed for collection on the parkway
not more than four feet from the curb.
If a property owned or
controlled by the person placing the
refuse 15 located such that no portIon
of the property abuts the publIC alley
or street along which refuse
collections are made, the DIrector of
General SerVIces shall determine a
locatIon in
parkway on
shall place
the publIC alley or
which the property owner
the refuse contaIners.
The
location
determined
by
the
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Director of General SerVlces shall in
no event encroach upon the publiC
alley more than four feet nor shall be
placed more than four feet from the
curb when the locatIon of the refuse
containers is determined to be a
parkway.
Refuse containers shall not be
placed for collection earl leI' than
4:00 p.m. a day before collection day
and not later than 6:00 a.m. on the
day of collectlon.
Refuse contaIners placed upon a
publlc
shall
street Or alley for collection
be removed therefrom not later
than
8:00
p.m.
on
the day of
collection.
No refuse containers shall be
placed
other
permit
on any public right of way on
than collectIon days wlthout a
haVIng been obtained from the
of General SerVIces in
Dlrector
accordance with Sectlon 7151 of thls
Code.
Class B rubbish not In a
container shall be placed on the
parkway, and shall nelther extend lnto
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the street
portIon of
sidewalk.
Refuse from a corner lot, If
there 1S no alley, may be placed In
accordance with provlslons of thls
nor be placed on any
a parkway used as a
sectlon on any frontage along WhICh
refuse collection trucks are routed,
provided all refuse from such lots
shall be placed for collections at one
place.
SECTION 2. Any provision of the Santa Monlca MunIclpal
Code or appendlces thereto inconsistent wlth the provisions of
thIS ordinance, to the extent of such lnconslstencies and no
further, are hereby repealed or modifled to that extent
necessary to affect the provlsions of thls ordlnance.
SECTION 3. If any section, subsection, sentence,
clause, or phrase of thIS ordInance is for any reason held to
be InvalId or unconstitutIonal by a declsion of any Court of
any competent Jurisdictlon, such decislon shall not affect the
validity of the remalning portlons of the ordinance. The Clty
CounCIl hereby declares that It would have passed this
ordinance and each and every section, subsection, sentence,
clause or phrase not declared lnvalid or unconstitutlonal
wlthout regard to whether any portlon of the ordInance would
be subsequently declared lnvalId or unconstItutional.
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SECTION 4.
The Mayor shall sIgn and the Clty Clerk
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be published once In the official
newspaper withln 15 days after its adoption. Thls ordinance
shall become effective after 30 days from its adoptlon.
APPROVED AS TO FORM:
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ROBERT M. MYERS ~
City Attorney
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