5572A
ORDINANCE NO. 5572
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW
CHAPTER 10.11 TO TITLE 10 OF THE ANAHEIM
MUNICIPAL CODE, CONSISTING OF SECTIONS 10.11.010
THROUGH 10.11.050, INCLUSIVE, RELATING TO BINS
AND DROP-OFF BOXES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That a new Chapter 10.11 be, and the same is hereby, added
to Title 10 of the Anaheim Municipal Code, to read as follows:
"Chapter 10.11 BINS AND DROP-OFF BOXES
Section 10.11.010 DEFINITIONS
Words and phrases defined in Chapter 10.10 of this
Title shall have the same meanings when used in this
Chapter. For the purposes of this Chapter, the following
words and phrases shall have the meanings set forth in this
section unless it is apparent from the context that a
different meaning is intended.
.010 Bin means a container for the collection of
Trash, with dimensions of or exceeding fifty-four (54)
inches by sixty (60) inches by twenty-four (24) inches, but
smaller than six (6) feet by five (5) feet by eighteen (18)
feet.
.020 Director means the Director of Public Works of
the City of Anaheim or his or her designee.
.030 Drop -Off Box means a container for the collection
of Trash, with dimensions of or exceeding six (6) feet by
five (5) feet by eighteen (18) feet.
.040 Owner means the person (including a corporate
entity) who holds legal title to a Bin or Drop -Off Box.
.050 Trash means any Solid Waste discarded by the last
owner thereof. Trash also includes any materials placed in
a Bin or Drop -Off Box, other than Source -separated
Recyclable Materials.
.060 User means any person (including a corporate
entity), other than an Owner, who places, or causes to be
placed, a Bin or Drop -Off Box on any public or private
property within the City of Anaheim.
Section 10.11.020 UNAUTHORIZED BINS AND DROP-OFF BOXES
No person other than an authorized representative of
the City of Anaheim shall place or leave standing a Bin or
Drop -Off Box on any public or private property within the
City, except that a licensed construction contractor may
use Bins and Drop -Off Boxes owned by that contractor for
site clean-up of that contractor's own demolition and
construction projects.
Section 10.11.030 REMOVAL OF UNLAWFULLY PLACED BIN OR
DROP-OFF BOX
.010 The Director may cause the posting of a Notice to
Remove, as described in Subsection 10.11.030.020 hereof, in
a conspicuous place on any Bin or Drop -Off Box placed on
any public or private property within the City of Anaheim
in violation of this Chapter.
.020 Notices to Remove posted pursuant to the
provisions of this chapter shall specify the nature of the
violation and shall state that the Bin or Drop -Off Box must
be removed within twenty-four (24) hours or it may be
removed and stored by the City, and the contents disposed
of, at the expense of the Owner thereof. The posting of a
Notice to Remove shall constitute constructive notice to
the Owner and User of the requirement to remove the Bin or
Drop -Off Box.
.030 If the Bin or Drop -Off Box is not removed within
twenty-four (24) hours after the Notice to Remove is
posted, the Director may direct the removal and storage of
the Bin or Drop -Off Box and the disposal of its contents if
they consist of Trash, perishable matter, Medical Waste,
Hazardous Waste or Qualified Household Hazardous Waste, or
if the Bin or Drop -Off Box together with its contents
exceeds applicable weight limits. The Owner of the Bin or
Drop -Off Box shall be responsible to reimburse the City for
the actual cost of removal, storage and disposal. All
amounts due to the City for the cost of removal, storage
and disposal must be paid before the Bin or Drop -Off Box
may be returned to the Owner. Such amounts shall
constitute a debt owed by the Owner to the City, and the
Owner shall be liable to the City in an action brought by
the City for the recovery of such amounts.
.040 If the identity of the Owner of a Bin or Drop -Off
Box that has been removed by the City is known to the
Director, the Director shall promptly cause notice to be
mailed to the Owner to claim the stored property. If the
Bin or Drop -Off Box is not claimed within ninety-five (95)
days after removal and notice to the Owner, or ninety (90)
days after removal if the identity of the Owner is unknown
to the Director, the Bin or Drop -Off Box and its contents
shall be deemed abandoned property and may be disposed of
accordingly.
.050 After a Bin or Drop -Off Box has once been removed
by the City pursuant to a Notice to Remove, the Owner
thereof shall be deemed to have actual notice of the
provisions of this chapter, including the prohibition of
placement of Bins and Drop -Off Boxes. In the event of a
subsequent placement of a Bin or Drop -Off Box owned by the
same Owner, the Director may immediately, without the
posting of a Notice to Remove, direct the removal and
storage of the unlawfully placed Bin or Drop -Off Box and
shall, in such case, give notice to the Owner to claim the
Bin or Drop -Off Box. In such event, the Owner shall be
responsible to reimburse the City for the actual cost of
such removal, storage and disposal, which cost shall be
paid by the Owner before the Bin or Drop -Off Box may be
returned to the Owner. If the Bin or Drop -Off Box is
unclaimed after notice is mailed to the Owner and the
expiration of the period set forth in Subsection .040 of
this Section, the Bin or Drop -Off Box and its contents
shall be deemed abandoned property and may be disposed of
accordingly. The costs incurred by the City for removal,
storage and disposal shall constitute a debt owed to the
City by the Owner, who shall be liable therefor in an
action by the City for the recovery of such amounts.
Section 10.11.040 INFRACTION; PENALTY
Any person violating any of the provisions of this
Chapter shall be guilty of an infraction and, upon
conviction, shall be subject to a fine of fifty dollars
($50.00) for a first violation of this chapter, a fine of
one hundred dollars ($100.00) for a second violation of
this chapter within one year, and a fine of two hundred
fifty dollars ($250.00) for each additional violation of
this chapter within one year.
Section 10.11.050 FEES AND CHARGES
The following fees and charges shall be established
from time to time by resolution of the City Council: Bin
or Drop -Off Box impound fee; storage charge. Waste
disposal charges shall be equal to the commercial per -ton
rate paid by the City."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
3
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 23rd day of my , 1996.
"Z-4'29i� A�4
MAYOR OF THE CITY OFCANAHEIM
ATTEST•
CITY CLERK OF T E CITY OF ANAHEIM
0009175.05/EEGAN/May 9, 1996
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5572 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 16th day of July, 1996, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 23rd day of July, 1996, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5572 on the 23rd day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 23rd day of July, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5572 and was published once in the North County News on
the 1st day of August, 1996.
CITY CLERK OF THE CITY OF ANA EIM