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ORDINANCE 473ORDINANCE NO. 473. 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 Council of the City of E1 Segundo, California, does ordain as follows: SECTION 1. DEFINITIONS. That for the purposes of this ordinance, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning: (a) "Garbage" shall mean all animal and vegetable refuse from kitchen and household waste that shall have been prepared for or intended to be used as food; or that shall have resulted from the preparation of food; all decayed or unsound fruit and vegetable matter and all animal, fish or fowl refuse (other than manure). (b) "Combustible rubbish" shall mean paper, rags, discarded household bedding, excelsior, or other packing materials, cartons, boxes and containers of wood or fiber, sawdust, or shavings from lumber yards, mills, factories or shops, lumber scraps, wood or wooden articles, grass, trees, plants, vines and the prunings thereof. (c) "Non - 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 - J SECTION 2. ACCUMULATION OF GARBAGE. It shall be un- lawful for any person to keep or accumulate or cause or permit to be kept or accumulated upon any premises owned, controlled or oc- cupied by him in the City of E1 Segundo any garbage unless the same be inclosed in a garbage container as provided for in this ordinance, or to keep any garbage on or about such premises for a period of more than one week. SECTION 3 ACCUMULATION OF CERTAIN KINDS OF REFUSE, RUBBISH AND WASTE MATTER, ETC. It shall be unlawful for any per - son to keep or accumulate or cause or permit to be kept or accumu- lated upon any premises owned, controlled or occupied by him in the City of E1 Segundo any rubbish, animal or vegetable matter, filth, slop, stagnant water or other waste or matter which is or which is liable to become putrid or offensive, or which is or is liable to become a fire menace or a health menace. It shall be the duty of each such person to cause any such accumulation to be promptly handled, treated, placed and disposed of as contemplated in this ordinance. SECTION 4.41ARBAGE CONTAINERS - SPECIFICATIONS. That it shall be the duty of every owner, manager, or person in posses- sion, charge, or control of any boarding house, restaurant, hotel, apartment, or eating house, and of each person occupying a dwell- ing or flat within the City of El Segundo to provide, or cause to be provided, and at all times to keep, or cause to be kept, port- able vessels, tanks, or receptacles for holding the garbage. Each such vessel, tank, or receptacle shall be constructed of metal, or other suitable material approved by the Director of Public Works of said City, and shall be water tight and so constructed as to contain not less than three nor more than sixteen gallons, and shall be provided with a suitable and adequate handle, or handles, on the outside thereof, and with a tight fitting cover. When such 2 - receptacle contains garbage the cover shall not be removed except when necessary to place garbage therein or to take garbage there- from. SECTION 5. GARBAGE - DEPOSIT AND BURIAL. That it shall be unlawful for any person to deposit or bury, or cause or permit to be deposited or buried within said City any garbage upon any premises, public or private, therein without having first obtained a written permit from the Health Officer of said City so to do. Any such permit issued shall be subject to revocation and may be revoked at any time by either the City Council or the Health Of- ficer of said City. SECTION 6. RUBBISH CONTAINERS - SPECIFICATIONS. Every person occupying or in possession of any premises in this City shall provide a portable container for rubbish. Such container shall be constructed of wood, metal or heavy cardboard and shall be so constructed as not to permit the contents thereof to sift or pass through any opening therein other than the top thereof. Such container shall have a capacity of not more than twelve (12) cubic feet, and shall weigh when placed for collection not more than forty (40) pounds, including the contents thereof. Any rubbish not susceptible to placement in a container as above described may be placed for collection in the same manner and at the same places as designated for containers, provided it is prepared in the following manner: It shall be securely tied in bundles not heavier than 40 pounds nor more than 4 feet in length and 18 inches in diameter. SECTION 7. PLACEMENT FOR COLLECTION. Each garbage con- 11W& tainer and each rubbish container, as hereinbefore designated, shall be kept or placed in the following manner: It shall be kept on the premises of the person providing said container except that on the day or days designated for collection in the particular - 3 - 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 El 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 exclude flies, and to be kept covered, and no person, firm or corporation 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. f, �a �4 SECTION 12.`,,BURNING'OF COMBUSTIBLE MATERIAL RESTRICTED. 'i "J __ (1) It shall be unlawful for any person, firm, associ- ation or corporation to deposit, or cause or permit to be depos- ited, any garbage, combustible rubbish, or non - combustible rubbish or refuse of any kind whatsoever in or upon any public street, alley or other public placej�or to build, ignite or maintain any open fire upon or in any public street, alley or other public place, or upon any private property within the City of El Segundo; - 5 - }0 provided, however, that the provisions of this ordinance regulating the building, igniting or maintaining of open fires shall not ap- ply to any principal, officer or employee of said City, or of any public utility or franchise holder, or special permit holder, holding a franchise or permit issued by said City or its author- ized officers or representatives, when such principal, officer or employee is acting in line of duty, and in the course of his or her employment as such principal, officer or employee. fa,W (2) Non - combustible rubbish may be deposited upon any low ground after the person, firm, association or corporation pro- posing so to deposit the same, shall have obtained permits so to do in writing: - - (a) From the owner or person in possession or control of the premises upon which it is 'proposed to de- posit such non - combustible rubbish; and (b) From the City Council or the Chief of the Fire Department of said City. (3) No person, firm, association or corporation shall burn any combustible rubbish, semi - combustible rubbish or other combustible materials in any incinerator within said City of E1 Segundo, except between the hours of three o'clock P. M. and six o'clock P. M. of any day and no permit (except as hereinafter pro- vided) issued under the provisions of this ordinance shall author- ize or permit such burning outside of said hours; provided, however, that the Chief of the Fire Department or his authorized representa- tive may in the exercise of his sound discretion issue written per- mits for the burning outside of the hours hereinabove limited for the burning of any combustible materials, subject to such condi- tions as said Chief or his authorized representative may impose. It shall be unlawful for any person to violate any condition or con- ditions of any such permit. �a,• (4) It shall be unlawful for any person, firm, associ- ation or corporation to set fire to, ignite, or burn any standing or uncut dry grass, weeds, brush or vegetation on any lot or premises within the City of E1 Segundo, California. (5 ) That it shall be unlawful for any person, firm, association or corporation depositing any combustible rubbish, semi - combustible rubbish or other combustible materials, as herein permitted, to fail, refuse or neglect; - - (a) To completely and lawfully dispose of the same (other- wise than by burning) within ten (10) days after so depositing the same; or (b) To within ten (10) days after so depositing the same (in those cases where no burning permit is required hereunder), actually burning the same. (6) That any permit granted pursuant to the provisions of this section may be revoked by the issuing authority at any time without prior notice, and upon revocation all rights under such permit shall immediately cease. (7) No person, firm, association or corporation shall deposit any combustible rubbish, semi- combustible rubbish or other combustible materials, or any non - combustible rubbish in or upon the land or property of any other person, firm, association or corporation without first obtaining the written consent of such other person, firm, association or corporation so to do. SECTION 13. PENAL CLAUSE. That any person, firm, as- sociation or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction of any such violation such person, firm, association or corpora- tion shall be punishable by a fine of not more than $500.00 or by imprisonment in the City Jail of the City of El Segundo, California, or in the County Jail of Los Angeles County, California, as the - 7 - J committing magistrate may direct, for a period of not to exceed six months, or by both such fine and imprisonment in the discre- tion of the Court. Every such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day during which, or during any portion of which, any of the pro- visions of this rodinance is violated and shall be punishable there- for as herein provided. SECTION 14. 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 thereof, irrespective of the fact that any or more sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. SECTION 15. REPEAL CLAUSE. 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 re- pealed, as are also all other ordinances and parts of ordinances insofar as such other ordinance or ordinances conflict with the provisions hereof. SECTION 16. 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 17. 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 _j the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for for that purpose. Passed, approved and adopted this 21st day of December, 1955• ATTEST: ),: . City Clerk (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) i Mayor of the City of� E legiixndo , California. 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. 473, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at an adjourned regular meeting of the said Council held on the 21st day of Decem- ber, 1955, and that the same was so passed and adopted by the fol- lowing vote: AYES: Councilmen Baker, Frederick, Gordon- Swansnn and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 21st day of December, 1955• (SEAL) - 9 - City Clerk of the Cit of El Segundo, California. 30236 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. 473, is a full, true and correct origi- nal of Ordinance No. 473 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, ap- proved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at an adjourned regular meeting of the said Council held on the 21st day of December, 1955, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker. Frederick, Gordon. Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. I do hereby further certify that pursuant to the pro- visions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 473 was duly and regularly published according to law and the order of the City Council of said City in the El 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: December 29, 1955 City Clerk of the Cit of E1 Segundo, Californi . (SEAL) Affidavit of Publication S'1 _`tTE OF CAL17."ORNIA, f.-v'Li NI- OF T.VC_ -4 5S CITY OF EL SLGU,%rc0, Julie Jacobs .. ............. I ......... !, . , d °;y sv: G. n, deroses and ss ys: That he is, end a, ail of the 'L'rn here r fter Lento e v,' . c:: ea of the United States of Arnerica, over the age of eig tee,, yciiri, an,! a ro3'a°,21t 'f h° Cou it,. c' Z Angel--s, t a A n„ .. Std e of California ;that he `Vas, at, acid durin all of the dine ui the ' .. = r„ •t . • s p;; u' aa;_ ._. c, ii:: .__,��fr :._u;; ._.�.urto a; . r_lled the... Ord .n4p.ce. N 7 .. Edito= of EL SEGUNDO HERALD, a nee.- :sp :•p .r of ? __ .;1 circ.'w. on, pu`:'i�hed and circulated weekly in the City of El S : ?nun_o, in said County and State; :hat ;ai.3 i.en'epap r has been so published and circulated at regular intervals of one week for morn tt;,; one year in-imediately preceding the publication of the instrument hcreu;ito annt,"ea; t ,at _:: nc•-..s .aper is, and was, a;, of the times ihcrein .nentioued, a ne'v.- SPaper of :en-�-ra] eirc; latio n v; 'thin the meanii;g of Sectio- 4460 of the Political Code of the State of California; that as pruvided by said s,_-ction, said ucws'raper is published for the dissemination of local or telegraphic new.i and in';el, _ ;,: o;- a genei'al e', irac' cr, raving a bona fide subscription list of paying subscribers; that said news_ p,�r is not and Nvas not tat any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed )r otherwise, of entertaining or instructing such classes, .professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page...... numbered ............................................................................. ............................... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as Published; that the same was set and printed in type not smaller than nonpareil and that the body of th,a same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the .... Orainance , No. 473 ..................................... ............................... of which the annexed is a printed copy as h_?reinabove sated, was published and printed in said news - paper at least .... I ......week...., by .... Qne ........... consecutive publication...., commencing on the ... �9..th..day of .Dee2271ber.... ...... A. D. ....... and ending on the 29th ••• ....day of De c,embe r . , • . . .. , . , ..... A. D. 19.55• • , and as of ten during said time as said newspaper was regu- larly issued, to- wi!,:...... ................................................... ............................... ... ..................I?ub1.isk�ed.. one.... e............ ............................... .................... vece: nber..2.9.,..1955.............. Sul;sc: ibe and sworn to before me this..(? . • -, . , • , , day of , •. :.. A. D. 19�. V 11 City clerk of the City of El Segundo, ounty of Los Angeles, State of Ca ornia. By ;1- Deputy City Clerk of said- City. . _ _..