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O1565 e e CA:RMM:jld547/pc city council Meeting 2-26-91 Santa Monica, California ORDINANCE NUMBER 1565 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 5216 PERMITTING THE ESTABLISHMENT OF FEES FOR PROPERTIES THAT STORE REFUSE BINS ON CITY PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 5216 15 amended to read as follows: SECTION 5216. Points of Collection of Refuse. (a) Any refuse placed for collection shall not be placed for collection in 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 days, when refuse collections are made from the street, containers shall be stored on private property no closer than ten (10) feet from the street right-of-way line, unless the containers are stored in an enclosure. Where there - 1 - e It is a public alley along which refuse collections are made, all refuse shall be placed for collection upon private property within ten (10) feet of the alley, providing there shall be no obstructions between such refuse and the alley property line. In the event there is not sufficient unobstructed area in which to place refuse on such private property, refuse may be placed so as not to encroach upon a public alley more than four (4) feet. If there is no public alley, refuse containers shall be placed for collection on the parkway not more than four (4) feet from the curb. (b) I f a property owned or controlled by the person placing the refuse is 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 the public alley or parkway on which the property owner shall place the refuse containers. The location determined by the Director of General Services shall in no event encroach upon the public alley more than four ( 4) feet nor shall be placed more - 2 - e e than four (4) feet from the curb when the location of the refuse containers is determined to be a parkway. (c) Refuse containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 7:00 a.m. on the day of collection. (d) Refuse containers placed upon a public street or alley for collection shall be removed not later than 8:00 p.m. on the day of collection. (e) No refuse containers shall be placed on any pUblic right-of-way on other than collection days without a permit having been obtained from the Director of General Services in accordance with section 7151 of this Code. (f) Refuse from a corner lot, if there is no alley, may be placed in accordance with provisions of this Section on any frontage along which refuse collection trucks are routed, provided all refuse from such lots shall be placed for collection at one place. (g) Refuse containers provided by the City for use with automated - 3 - e e collection systems shall be placed for collection in locations which provide unobstructed access within a three foot radius of any edge of said containers. (h) The city Council may by Resolution establish and from time to time revise a fee requirinq any person who places or stores refuse or refuse containers on public property to pay a fee for the use of public property. The fee shall not be charqed to any person who, under subsections (a) and (b), must place refuse or refuse containers on public property in order to facilitate refuse collection. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of thlS Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 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 decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not - 4 - e It declared inval id or unconsti tutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be pUblished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: R~Y~. M. c)-~- City Attorney - 5 - ... ('" r e e Adopted and approved this 26th day of February, 1991. 9H~r I hereby certify that the foregoing Ordinance No. 1565(CCS) was duly and regularly introduced at a meeting of the city Council on the 29th day of January 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 26th day of February 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ~ ........- -..- ATTEST: . fO~ City Clerrw