6428ORDINANCE NO. 6 4 2 8
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 10.10 (WASTE COLLECTION AND DISPOSAL) OF
TITLE 10 (PUBLIC SERVICE AND UTILITIES) OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PLACEMENT
OF CONTAINERS FOR COLLECTION AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTIONS 15060(C)(2), 15060(C)(3)
AND 15061(B)(3) OF THE STATE CEQA GUIDELINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL
CHANGE IN THE ENVIRONMENT, BECAUSE THERE IS NO
POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT AND BECAUSE IT IS NOT
A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA
GUIDELINES.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety or
welfare and is in accord with the public purposes and provisions of applicable State and local
laws and requirements; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2), 15060(c)(3) and
15061(B)(3) of the State of California Guidelines for Implementation of the California
Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred
to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment, because there is no possibility that it may have a
significant effect on the environment, and because is not a project as defined in Section 15378 of
the CEQA Guidelines; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 10.10.050 of Chapter 10.10 (Waste Collection) of Title 10
(Public Service and Utilities) of the Anaheim Municipal Code be, and the same is, amended to
read in full as follows:
10. 10.050 PLACEMENT OF CONTAINERS FOR COLLECTION.
.010 Every person occupying or having charge or control of any residence in the City
of Anaheim shall place all solid waste, recyclable materials and compost waste for collection at a
curb, parkway, or alley adjacent to the premises, the exact location of which shall be approved
by the City Manager. The City Manager or his or her designee may also approve alternate
locations which are readily accessible for collection.
.020 Residential waste and recyclable materials shall be placed for collection at the
prescribed location only between the hours of 4:00 p.m. of the day prior to collection and 7:00
a.m. of the day of collection. Containers shall be removed no later than 12:00 midnight the day
of collection and shall be stored in an area screened from public view. The City Manager or his
or her designee may approve alternate locations for the storing of containers if it is impractical
based on the physical layout of the property or other factors to store containers in an area
screened from public view.
.030 Persons utilizing bulk containers for residences, unless said containers are stored
in an approved enclosure accessible for collection, shall place such bulk containers for collection
and remove them on a time schedule approved by the City Manager or his or her designee.
.040 Persons in charge of commercial and industrial establishments shall place solid
waste and recyclable materials for collection at a location determined and approved by the City
Manager or his or her designee.
.050 Persons in charge of commercial and industrial establishments shall place solid
waste and recyclable materials for collection no earlier than closing time of the day prior to
collection. Reusable containers shall be removed no later than 10:00 p.m. the day of collection
and shall be stored in an area screened from public view. The City Manager or his or her
designee may approve alternate locations for the storing of containers if it is impractical based on
the physical layout of the property or other factors to store containers in an area screened from
public view.
.060 Persons in charge of commercial and industrial establishments utilizing bulk
containers shall, unless said containers are stored in an approved enclosure accessible for
collection, place such containers for collection and remove same on a time schedule approved by
the City Manager or his or her designee.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination here from any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or 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, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 7. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 30 day of January , 2018, and thereafter
passed and adopted at a regular meeting of said City Council held on the 6 th day of
February 2018, by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilte
Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
(Acting)
125285v2
CITY OF ANAHEIM
By:
rIz—
MAYOR OF THE CITY OF ANAHEIM
4
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6428 introduced at a regular meeting of the City Council of the City
of Anaheim, held on the 30th day of January, 2018, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 6th day of February, 2018, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of February, 2018.
ACTING CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
•
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
February 15, 2018
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: February 15, 2018
Signature
Anaheim Bulletin
2190 Towne Centre Place.
Anaheim, CA 92808
(714)796-2209
i
PROOF OF PUBLICATION
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6428
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAP-
TER 10.10 (WASTE COLLECTION AND DISPOSAL) OF TITLE. 10
(PUBLIC SERVICE AND UTILITIES) OF THE ANAHEIM MUNICI-
PAL CODE RELATING TO PLACEMENT OF CONTAINERS FOR
COLLECTION AND FINDING AND DETERMINING THAT THIS
ORDINANCE ISNOT SUBJECT TO THE CALIFORNIA
SECTIONS
15060(C)(2), 150600%(3) AND 15061(8)(31 -OF THE %TATE—cEQA-
GUIDELINES BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE
IN THE ENVIRONMENT, BECAUSE THERE IS NO POSSIBILITY
THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVI-
N1RONMENT,
53 80F ND BECAUSE
E CEQAGUINES.
NOT
DELPECT, AS DEFINED
N SECTION THE
The purpose of this ordinance is to amend Section 10.10.050 (Place-
ment of Containers for Collection) of Chapter 10.10 (Waste Collection)
of Title 10 (Public Service and Utilities) of the Anaheim Municipal
Code to give authority to the City Manager or his or her designee to
approve alternate locations for the storage of trash containers;for
residential, commercial and industrial customers if it is impractical,
based on the physical layout of a particular Property or other factors,
to store containers in an area completely screened from public view
I
etween days of collection.
I, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby
certify that the foregoing is a summary of Ordinance No. 6428, which
ordinance was introduced at a regular meeting of the City Council of
the City of Anaheim on the 30th day of January, 2018 and was duly
passed and adopted at a regular meeting of said Council. on the 6th
day of February, 2018 by the following roll call vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vander-
bilt, Barnes, Kring and Faessel
■
DOES: None
4BSENT: None 0
ABSTAIN: Nwe
The above summary is a br of description of -the subject matter con -
The a in the text of Ordinance No. 6428, which has been prepared pur-
suant to Section 512 of the Charter of the city of Anaheim. This sum
mare does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi-
nonce.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765.5166, between 8:00 AM and 5:00 PM,
Monday through Friday. There is no charge for the copy.
I12647417JR -- - -
Published Anaheim Buolletin February 15, 2018
----- -- ---
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6428 and was published in the Anaheim Bulletin on the 15TH day of
February, 2018.
ACTING dITY CLERK OF THE
CITY OF ANAHEIM
(SEAL)