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SR-503-002-01 (5) . . e ~ S 5'0 5&3-002-0", CA:RMM:JSH:rm5227ca CIty CouncIl MeetIng 12-11-84 Santa MonIca, CalIfornIa STAFF REPORT 0-F TO: Htill. Mayor and CIty CouncIl FROM: CIty Attorney SUBJECT' OrdInance AmendIng MunICIpal Code SectIon 5227C RelatIng to POInts of CollectIon of Refuse At Its meetIng on December 4, 1984, the CIty CounCIl Introduced for fIrst readIng an ordInance amendIng MunICIpal Code SectIon 5227C regardIng pOInts of collectIon of refuse. The ordInance IS now presented to the CIty CounCIl for adoptIon. RECOMMENDATION It IS respectfully recommended that the accompanYIng ordInance be adopted. PREPARED BY' Robert M. Myers, CIty Attorney JOIlclthan S Horne, Deputy CIty Attorney (; -F otc 11 1984 "') Xl .... ::> '1 -... :Tl VI (1) u l:: [Tj ~ ~ ~ ~ $-< 0 V > ~ Q) u 4) H .jJ 0 ~ >.. v l:: $-< 0 +-' +-' <( +oJ [Tj ..c +-' "0 Q) .jJ III Q) ;j t:i Cl.l $-< III U .r-l 4-1 4-1 0 if >.. Q) t=: $-< o +-' +-' <( >-- +-' M U ~ o :oj +-' H V ~ ....... o 0::: . . BEFORE DISTRIBUTION CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION ~ /~////j Y C--F ./Vo 7-- 0 FOR CITY C~ERK'S ACTION ORDINANCE # /7,:J-:l- (P-/V ///7 Adopted: /5//( /PLj AIJiAYS PUBLISH AJ:X)PrED 'ORDrNANcEs* *Cross out Attorney's approval CouncIl Meeting Date Introduced: Agenda Item if Was It amended? VOTE: AffIr~atlve: NegatIve' Abstain' Absent: _P_R_O_O_F_ _~93_E~~ _ 1,Q TH~ --"'\.N_O_TH~R PE~SON BEFORE Al\TYTHING Ul~iK1BUl1UN' UKlblNAL ~o De signed, ~ealeci and filed in Vault. I i NEWSPAPER PUBLICATION (Date: ) ) Department orIgInating staff report ( ~anagement Serv,~~e? Lynne Bazrette -urdinances only Jl .,. Agency nentIoned In document or staff report (certIfIed?) Subject fIle [agenda packet) I Counter fIle 1 Others- AIrport Parking Auth. Audl tc-rU'1i Personnel BUIldulg Dept. Planning EnV1YOn. Servo Police (en- forcement?) Flnance Purchasing . FIre Recr/parks General Servo I Transportation LIbrary Treasurer Manager SEND FOU~ COPIES OF ALL ORDINA~CES TO: CODfD SYSTEMS, Attn Peter Macfearie 120 ~!aln <;tr~et - AV0~. ~ew Jersev_07717 r I , SEND FOUR COPIES OF ALL ORDTN.1l.N(,"P~. TO: PRESIDING JUDGE SANTA MOKICA MUNICIPAL COURT 1725 BAIN STREET SA\TA MONICA, CA 90401 *Check Code Sections before sendJ..ng. ! ..-~ TOTAL COPIES " . . CA:RMM:rm5227ca Clty Councll Meetlng 12-11-84 Santa Monlca, Californla ORDINANCE NUMBER 1322(CCS) (Clty Councll Serles) 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. Sectlon 5227C of the Santa MonIca Mun1C1pal Code IS amended to read as follows: SECTION 5227C. P01nts of CollectIon of Refuse. Any refuse placed for collectIon shall not be placed for collectlon In that portlon 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 10 feet from the street rIght-at-way llne, unless the conta1ners are stored 1n an 1 . . enclOSU1'e. ~"'here there 1S a pU011C alley along whlch refuse collectlons are made, all refuse shall De placed for collection upon pr1vate property wlthln 10 feet there of the alley, prov1dlng shall be no obstruct1ons between such refuse and the alley property line. In the event there is not sufflclent unobstructed area In WhlCh to place refuse on such private property, refuse may be placed so as not to encroach upon a publlc alley more than four feet. If there 15 no publlC alley, refuse contalners shall be placed for collect1on on the parkway not more than four feet from the curb. If a property owned or controlled by the person placlng the refuse 15 located such ~hat no portlon of the property abuts the publlC alley or street along Wh1Ch refuse collectlon~ are made: the Director of General SerV1ces shall determine a locatlon In the publ1C alley or parkway on Will ch the 2 . . property owner shall place the refuse conta1ners. rhe locatIon determIned by the Director of General SerVIces sha 11 1n no event encroach upon -the publIC sha 11 alley more than four feet nor be placed more than four feet from the curb when the locat1on of the refuse conta1ners 1S determIned to be a parkway. Refuse conta1ners shall not be placed for collectIon earlIer than 4'00 p.m. a day before collect1on day and not later than 6'00 a.m. on the day of collectIon. Refuse contaIners placed upon a publIC street or alley for collectIon shall be rewoved therefrom not later than 8:00 p.m. on the day of collect1on No refuse contaIners shall be placed on any publiC rIght of way on other than collection days WIthout a permIt haVing been obta1ned from the DIrector of General SerVIces In accordance WIth SectIon 7151 of thIS Code 3 . . Class B rubb1sh nct. 1n a conta1ner shall be placed ne1ther on the extend parkwaYJ and shall Into the street portlon of a sIdewalk. Refuse from a corner nor be placed on any parkway used as a lot J 1 f there 1S no alley, may be placed 1n wIth prov1slons of thIs accordance sectIon on any frontage along WhICh refuse collectlon trucks are routed, provlded all refuse from such lots shall be placed for collectlons at one place. SECTION 2 Any provlslon of the Santa Monlca MunIcIpal Code or appendlces thereto lncons1stent wlth the provlslons of th1S ordInance, to the extent of such 1nconSlst.enCles and no further, are hereby repealed or mod1fled to that. extent necessary to affect the prOVls1ons of thls ord1nance. SECTION 3. If any sect1on, subsect1on, sentence, clause, or phrase of thIS ord1nance 1S for any reason held to be 1nvalId or unconst1tutional by a decIs10n of any court of any competent JurIsdlctlon, such dec1s1on shall not affect the valid1ty of the remalnIng P?rt10~S of the ord1nance. The Clty Councll hereby declares that It would have passed th1S ord1nance and each and every sectlon, subsect1on, sentence, clause or phrase not declared lnval1d or unconst1tuc1onal 4 . . wIthout regard to whether any portIon of the ordlnance would be subsequently declared Invalld or unconst1tutlonal. SECTION 4. The Mayor shall Slgn and the CIty Clerk shall attest to the passage of thlS ordInance. The CIty Clerk shall cause the same to be publIshed once In the offIcial newspaper with1n 15 days after Its adoptIon. ThIS ord1nance shall become effectIve after 30 days from Its adoptIon. APPROVED AS TO FORM: ~ ~ =-+- ROBERT M. MYE~S CIty Attorney - 5 . . Adopted and approved thls 11th day of December 1984. ~k;L~ / Mayor I her eby certify th at the foregoing Ord i nance No. 1322 (CCS) was duly and regularly introduced at a meetlng of the Clty CouncIl on the 4th day of December, 1984; that the sald OrdInance was thereafter duly adopted at a meetlng of the Clty CouncIl on the 11th day of DecembeG 1984 by the followl~g CouncIl vote: Ayes: Councilmembers: Conn, Ed\...rards, EpsteIn, Jennlngs, Katz, Zane and Hayor Reed Noes: Councllmembers: None Abstaln: Councllmembers: None Absent: Councilmembers: None ATTEST: aLt ( >1 L6lu~ Clty Clerk '