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ORDINANCE 462ORDINANCE NO. 462 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, RELATING TO AND REGULATING THE ACCUMULATION, HANDLING, COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE AND RUB - BISH WITHIN SAID CITY ;AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City C un it of the City of El Segundo, California, does ordain as follow : SECTION DEFINITIONS. That for the ses of this Ordinance the following words and phrases ar defined and shall be construed as her in fter set out, unless shall be apparent from the context th they h e a different eaning: (a) " bagel' sha mean all imal and vegetable refuse from ki he and house o waste hat shall have been prepared for or intend to be us d as food or that shall have resulted from th p ration o food; all decayed or unsound fruit and vegetable matte a d all "imal, fis or fowl refuse (.other than manure). (b l'Co ustible r bbishl' shall mean paper, rags, discarded household be ing, exc lsior, or other packing materials, cartons, boxes and ntainers of wood or fiber, sawdust, or shavings from lumber yards, mil , factories or shops, lumber scraps, wood or wooden articles, grass, trees, plants, vines and the prunings thereof. (c) i n- combustible rubbish shall mean ashes, bottles, broken crockery, glass, tin cans and other metallic substances, and like or similar articles or substances that will not incinerate. (d.) The singular shall include the plural, and the plural shall include the singular. (e) The masculine shall include the feminine and neuter. - 1 - -- �-J0 r] � � substances without first applying for and obtaining a permit in writing so to do from the Chief of Police of said City, or his duly authorized representative; provided, however, that the pro- visions of this section shall not apply to any person, firm or corporation with whom the City of E1 Segundo has at the time an existing contract for the removal, disposal and /or conveyance of any such materials or substances, or to any bona fide employee of such contractor, or to any employee of the City of E1 Segundo per- forming his duties as such employee of said City of E1 Segundo. SECTION 10. ACCUMULATION OF MANURE, ETC. All manure and cleanings from stables where any horses or other animals are kept, and all cleanings from chicken or poultry yards, shall be deposited in an enclosed bin constructed of boards or netting so as to ex- clude flies, and to be kept covered, and no person, firm or cor- poration shall accumulate or allow to accumulate any such manure or cleanings in an amount to exceed one cubic yard in volume, nor shall such accumulations be allowed for more than seven (7) days. SECTION 11. COLLECTION SCHEDULES OR PERIODS. The City Council shall from time to time fix the respective periods, dates or schedules in and during which collections of garbage and rub- bish shall be made and the respective districts within said City to which such respective collection periods, dates or schedules apply. SECTION 12. BURNING OF COMBUSTIBLE MATERIAL RESTRICTED. Except as hereinafter provided, no person shall: (A) Burn, ignite or set fire to any combustible material except in an approved multiple- chamber incinerator erected and operated pursuant to a permit from the Los Angeles County Air Pol- lution Control District (anda permit from the Chief of the Fire Department of said City approving the type and location of such incinerator with respect to fire safety); or (B) Build, ignite or maintain any open fire upon or in any public street, alley, public place or private premises within the City of E1 Segundo. - 5 - It is provided, however: (1) That the provisions established in subdivision n(B)" above of this section shall not apply to any principal, officer or employee of said City, or of any public utility or franchise holder holding a franchise or per- mit issued by said City or its authorized officers or representa- tives, when such principal, officer or employee is acting in line of duty, or in the course of his or her employment as such princi- pal, officer or employee; (2) That the provisions of this section shall not apply to the burning, igniting or setting fire to any combustible materials in any fireplace or stove such as is usually or ordinarily con- structed, provided, found or used in any residential or other structure for heating purposes and which is at the time being used for such heating purposes, or in any stove, barbecue pit or barbecue fireplace constructed for the preparation of food and which is at the time being used for such cooking or preparation of food; and (3) That the provisions of this section shall not apply to the burning, igniting or setting fire to any combustible materials in any mobile equipment when used in connection with the lawful purpose for which such equipment was designed. SECTION 13. FEES. The City Council finds that the periodic collection of garbage and /or rubbish from all places in the City benefits all occupants of places and premises in the City of E1 Segundo, and therefore, all such occupants are made liable for the rubbish collection fees established for said City. There shall be and there are hereby imposed fees and charges for the collection and disposal of garbage and /or combustible and non - combustible rubbish by said City. Such fees and charges for such collection and disposal services rendered, or to be rendered, shall be those which the City Council of said City may from time to time hereafter determine, fix and establish by resolution (or resolutions) duly and regularly adopted by it. Such fees and charges may be changed by said City Council from time to time by resolution, and shall ,192 respectively be applicable for the respective periods designated in, or covered by, such respective resolutions. SECTION 14. As long as water service is connected to the premises and billings are rendered therefor, said garbage and /or rubbish charges shall accrue and it shall be presumed that the ser- vices provided for have been rendered by the City. Payment of such charge shall be made at the same time and in the same manner as water bills are paid, and all rules and regulations governing the collection of water bills shall apply in every particular to the collection of bills for garbage and /or rubbish service. SECTION 15. That any person, firm, association or cor- poration violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction of any such viola- tion such person, firm, association or corporation shall be punish- able by a fine of not more than $500.00 or by imprisonment in the City Jail of the City of E1 Segundo, California, or in the County Jail of Los Angeles County, California, as the committing magis- trate may direct, for a period of not to exceed six months, or by both such fine and imprisonment in the discretion of the Court. Every such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day dur- ing which, or during any portion of which, any of the provisions of this ordinance is violated and shall be punishable therefor as herein provided. SECTION 16. SAVING CLAUSE. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, sub - section, sentence, clause and phrase there- of, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be declared unconstitu- tional. - 7 - i 1A3 SECTION 17. That Ordinance No. 90 and Ordinance No. 209 of said City and all ordinances amendatory of said Ordinance No. 90 and said Ordinance No. 209 are hereby repealed, as are also all other ordinances and parts of ordinances insofar as such other ordinance or ordinances conflict with the provisions hereof. SECTION 18. That this ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 19. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall• make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. Passed, approved and adopted this 24th day of August, 1955• ATTEST: City Clerk (SEAL) ■SEM Mayor pro tem of the City of E1 Segundo, California. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. I. Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing or- dinance, being Ordinance No. 462, was passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 24th day of August, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen NOES: Councilmen ABSENT: WITNESS my hand and the official seal of said City this 24th day of August, 1955• (SEAL) City Clerk of the City of El Segundo, California. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing or- dinance, being Ordinance No. 462, is a full, true and correct original of Ordinance No. 462 of the said City of E1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, RELATING TO AND REGULATING THE ACCUMULATION, HANDLING, COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE AND RUB- BISH WITHIN SAID CITY; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. ", which was duly passed and adopted by the said City Council, approved and signed by the Mayor pro tem of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Coun- cil held on the 24th day of August, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen NOES: Councilmen ABSENT: I do hereby further certify that pursuant to the provi- sions of Section 36933 of the Government Code of the State of Cali- fornia, that the foregoing Ordinance No. 462 was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so published therein on the following.date, to wit: City Clerk -of the City o E1 Segundo, California. (SEAL)