HomeMy WebLinkAboutOrdinance #3149 r i
ORDINANCE NO. 3149
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
is
AMENDING CHAPTER 8 .20 OF THE
HUNTINGTON BEACH MUNICIPAL CODE PERTAINING
TO REFUSE COLLECTION AND DISPOSAL.
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WHEREAS, the City Council of the City of Huntington Beach
has approved an Integrated Waste Management Plan, in which the
collection of recyclable materials is a major element; and
The City Council now wishes to clarify and update the
definition and composition of the Municipal Code of the City of
Huntington Beach as it relates to refuse, waste and trash
management.
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain as follows :
SECTION 1. That Section 8 . 20 . of the
ct 01 0
Huntington Beach Municipal Code is hereby expanded by
adding subsection (e) , which subsection reads as follows :
8 .20 .010 Definitions
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(e) "Garbage" means all putrescible solid wastes, including but
not limited to vegetable matter, discarded food containers
or other matter that attends the preparation, consumption,
packing, canning, storage and decay of meats, fish, fowls, -
vegetables and fruit intended for human and animal
consumption, excluding human excrement.
SECTION 2 . That the first paragraph of Section
8 . 20 . 015 of the Huntington Beach Municipal Code is hereby
amended to read as follows (new text is in bold type) :
8 . 20 . 015 Residential Curbside Collection Charge. There shall
be a charge for residential curbside collection which rates
shall be established from time to time by resolution of the
City Council . Such charge shall apply to persons occupying
single-family dwellings, and each dwelling unit within a
duplex, a triplex or a fourplex. This charge shall not apply
to persons occupying residential units such as apartments,
mobilehome parks , or other multi-family complexes, who are
currently contracting directly with the city refuse collector.
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SECTION 3 . That a portion of Section 8 . 20 . 080 of
the Huntington Beach Municipal Code is hereby amended to
read as follows (new text is in bold type) :
8 . 20 . 080 Container -- Improper substances . No person shall
place or cause or permit to be placed in any refuse container
any substance or material other than refuse as defined in this
chapter . Large items included in the definition of rubbish,
exceeding four feet in length or forty pounds in weight, shall
not be placed in refuse containers . Persons wishing to dispose
of such large rubbish items shall inform either the department
of public works or the refuse collection contractor and make
special arrangements to have the items removed . The refuse
collection contractor may levy a charge for removal of such
items under a schedule and formula to be uniformly applied,
based on weight and size of the items, which formula and
schedule shall have been approved by the director . The refuse
collection contractor shall not be required to collect
hazardous, toxic, or liquid wastes.
SECTION 4 . That a portion of Section 8 . 20 . 150 of
the Huntington Beach Municipal Code is hereby amended to
read as follows :
8 . 20 . 150 Disposal methods . No refuse collector or other person
shall dispose of refuse, except in a manner approved by the
director and consistent with the provisions of this chapter .
SECTION 5 . That a new section, numbered 8 . 20 . 035,
shall be added to Chapter 8 .20, said section to read as
follows :
8 .20.035 Owner liable for premises . The owner of any premises
shall be liable for the costs to the city for the enforcement
of any provision of this chapter.
SECTION 6 . That Section 8 .20 . 080 of the Huntington
Beach Municipal Code is hereby expanded by adding
subsection (d) , which subsection reads as follows :
8 . 20. 120 Collection excluded refuse.
(d) The director may, by written order, require the manager of
any apartment complex or operator of any business
enterprise to provide containers or bins of sufficient size
and storage capacity so as to adequately service the
premises in question.
SECTION 7 . That Section 8 .20 .260 of the Huntington
Beach Municipal Code is hereby expanded by amending
subsection (a) and adding subsections (c) and (d) , which
subsections read as follows :
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3149
8 .20 ,260 Violation--penalty.
(a) Any person who violates any provision of this chapter shall
be quilty of an INFRACTION.
(b) The provisions of this chapter shall be enforced by the
Department of Public Works of the City.
(c) The director shall make such rules as may be necessary,
reasonable and proper to enforce the provisions of this
chapter.
(d) Any person adversely impacted by a ruling made by the
director pursuant to this chapter may appeal same by
following the procedure described in Sections 5.40.070 and
5 .40 .080 of this code.
SECTION 8 . This ordinance shall take effect thirty
(30) days after its passage.
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PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of July 1992 .
Mayor
ATTESM_ APPROVED A TO FORM;
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City Clerk � -City %NA
ney
RE EWED AND APPROV INITIATED PROV
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City A mi i trator Directo of Public Works
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3149
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Ord. No. 3149
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the let day of June
19 92 and was again read to said City Council at a regular
meeting therof held on the bth, day of juli 19 92 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
- - . .
Robitaille, Moulton-Patterson, Winchel_ l Silvan Green, MacAllister, Kelly
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
I, Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-oficio Clerk of the City
Council, do hereby certify that a syropsis of th s City Clerk and ex—offi ci o 0 erk
ordinance has been PtJblished in the Daily P1JG1 on of the City Council of the City
LI(e
Ig of Huntington Beach, California
In accordance with the City Charter of said Qty,
Connie 13rockwa
City Clerk.
City Cleric