SR-8-B (126)
CA:RMM:jld548/hpc/pc
city council Meeting 1-22-91
'-3
JAN 2 2 1991
.~Al'i :. ~ i~91
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
section 5216 permitting the Establishment of
Fees for properties that Store Refuse Bins on
Clty Property
At its meeting on November 13, 1990, the city Council
directed the City Attorney to prepare an ordinance permltting the
establishment of fees for property owners that store refuse bins
on city property.
In response to this direction,
the
accompanying ordinance has been prepared and is presented to the
city Council for i
->"lc:dderation.
The accompe
-....nds Municipal Code Section
5126.
Subsectio
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d to provide that the city
Council may est
paid by property owners who
place or store
.:mtainers on public property.
The city Council
~ such a fee by enacting a
resolution.
RECOMMENDATION
It lS respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
f'.1J
JAN 2 2 1991
IHI <} 9 'Cll<
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CA:RMM:jld547/pc
City council Meeting 1-22-91
Santa Monica, California
ORDINANCE NUMBER
(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 is
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
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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) If 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
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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 ln
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 thlS
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
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collection systems shall be placed for
collection in locations which provide
unobstructed access wi thin 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 publ ic property to pay a
fee for the use of public property. The
fee shall not be charged 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 prov1sions of
th1s Ordinance, to the extent of such inconsistenc~es 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 Counc~l hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional 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:
~ v,........
ROBERT M. MYERS
City Attorney
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