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HomeMy WebLinkAboutOrdinance #4129 ORDINANCE NO. 4129 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO REFUSE MANAGEMENT The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.21.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.21.040 Littering/Dumping of Refuse or Waste Prohibited (a) It shall be unlawful for any person to cast, deposit, place, sweep, throw, discard or leave any refuse or cause such refuse to be cast, deposited, swept, placed, thrown, discarded or left in any place, public or private, within the City, without the express permission of the owner of the premises. (b) No person shall throw, discard or deposit infectious or potentially infectious waste in any amount on any public street, sidewalk, beach, park or other public property within the City, or private property within the City not owned by the person, or in or upon any body of water within the jurisdiction of the City; "Infectious waste" refers to all waste materials which are defined as being injurious to the public health or safety by federal, state, or county statutes, legislation, policies, or rules and regulations as they may be amended from time to time. Examples include, but are not limited to: a. hypodermic needles, pen needles, intravenous needles, syringes, lancets and other instruments used to administer medication or otherwise designed to cut or pierce the skin, b. disposable diapers, rags, or other materials used to clean areas infected by human or animal waste or fluids, C. other materials contaminated with or exposed to infected or contagious individuals, animals or materials, d. any material that contains human excrement, waste, blood or other fluid, e. unused, unwanted or expired prescription medications or other controlled dangerous substances that can be ingested by humans or animals, bottles that contain or previously contained such medications or substances, or other medical supplies used to facilitate the taking of such substances. 1 MD:16-5399/152825.doc ORDINANCE NO. 4129 (c) Penalty. Subsections (a) and (b) apply to all persons within the City and is in addition to any other anti-littering and/or dumping and/or waste provisions as provided in federal, state, or county law or provided within this Code. Any person who purposely or knowingly violates subsection (b) shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00 or be imprisoned for a period not to exceed six months, or both. Subsection (a) is an infraction subject to the penalties outlined in section 1.16.040 of this Code. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of Apt , 2017. LA A6 ;At Ilk Mayor APPROVED AS TO FORM: ATTEST: 'City Clerk City Attorney REVIEW D AND APPROVED: INITI TED AND APPROVED: fifty IAanager Police Chief MD:16-5399/152825.doc Ord. No. 4129 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 thereof held on April 3, 2017, and was again read to said City Council at a Regular meeting thereof held on April 17, 2017, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Semeta, Posey, Delgleize, Hardy, Brenden, Peterson NOES: O'Connell ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on April 27,2017. n In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California