HomeMy WebLinkAboutOrdinance 2142 N.C.S. 02/24/2003C- p~:u 1~ ~~y7,,~~r
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Introduced by
Council Member Moynihan
ORDINANCE NO. 2142 N.C.S.
Seconded by
Vice Mayor O'Brien
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING
PETALUMA MUNICIPAL CODE CHAPTER 8.16 TO ADD SECTIONS 8.16.330 AND
8.16.340 PROHIBITING UNAUTHORIZED SCAVENGING OF GARBAGE, RUBBISH,
AND RECYCLABLE MATERIALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
18 FOLLOWS:
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20 Section L Amendment. Petaluma Municipal Code Chapter 8..16 is hereby amended to
21 add the following provisions:
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23 "Section 8.16.330. Ownership of Discarded Garbage, Rubbish anal Recyclable
24 Materials.
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26 Upon placement by the owner or occupant of a premises of
27 garbage, rubbish, or recyclable materials in a receptacle designated
28 for the collection of these items by the garbage collector, the
29 garbage and rubbish, including all recyclable materials, shall
30 become the property of the garbage collector. The owner or
31 occupant of a premises shall have -the right up to the point in time
32 that the garbage collector empties the receptacle to retrieve any
33 item discarded in error.
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35 Section 8.16.340. Unauthorized Scavenging.
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37 Except as provided in this Chapter, no person shall access any
38 receptacle for the purpose of removing or taking garbage or
39 rubbish, including recyclable materials, placed therein for
40 collection, recycling or disposal by the garbage collector. No
41 person other than an agent or employee of the City or the garbage
Ordinance 2142 N.C.S. Page 1
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1 collector shall remove or otherwise interfere with any receptacle
2 that has been placed in a location appropriate for storage and/or the
3 collection of garbage or rubbish without the prior written approval
4 of the owner, occupant or other person in charge of the day to day
5 operation of the premises.
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7 Section 2. If any section, subsection., sentence, clause or phrase or word of this ordinance
8 is for any .reason held to be unconstitutional, unlawful or otherwise invalid by a court of
9 competent jurisdiction, such decision shall not affect the validity of the remaining portions of
10 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
11 passed. and adopted this ordinance .and each and all provisions thereof irrespective of the fact that
12 any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
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14 Section 3. This ordinance shall become effective thirty (30) days after the date of its
15 adoption by the Petaluma City Council.
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17 Section 4. The City Clerk is hereby directed to post this ordinance for the period and in
18 the manner required by the City Charter.
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21 INTRODUCED and ordered posted/published this 27t~' day of January, 2003.
22 ADOPTED this 24`h day of February, 2003 by the following vote:
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24 AYES: Canevaro, Mayor Glass, Harris, Moynihan, O'Brien, Torliatt
25 NOES: Healy
26 ABSENT: None
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David Glass, Mayor
ATTEST: APPROV,.,ED AS TO FORM:
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Gayle Petersen, City Clerk Ri h~Rudnans ity Attorney
Ordinance 2142 N.C.S. Page 2