Ord 2016-113 ORDINANCE NO. 113
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT DEFINING THE MEANING OF "CURBSIDE"
WHEREAS, the District has been given the statutory power to collect solid
waste within its boundaries and has been provided with the authority to enact
regulations for the removal of garbage; and
WHEREAS, the District has also been given the authority to collect solid
waste through an exclusive contract or franchise; and
WHEREAS the District has awarded exclusive contracts since at least
1958 and currently has an exclusive contract with CR&R Incorporated; and
WHEREAS, the District has set forth its regulations for the collection of
solid waste at Chapter 7.01; and
WHEREAS, the District does hereby desire to clarify its regulations as to
what constitutes "curbside" service.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN as follows:
Section1. That Section 7.01.025 of the Costa Mesa Operations Code is
amended to read:
"7.01.025 Residential Limitations. Districts trash collection services are
limited to residential service. Residential units will be served notwithstanding the
zone that said property is located in as long as the property is used for residential
purposes and utilizes curbside service. For purposes of this Chapter, "curbside"
shall mean trash collection service in which individual cans or containers are
placed outside but adjacent to a residence for collection. It includes service when
no actual "curb" exists, and includes situations in which the can or container is
placed in an alley near the residence. It includes private developments that have
gated access. It does not include bin service in which residents carry their trash
or other solid waste to communal bins or dumpsters used by other residents at a
common location."
Section 2. The Board of Directors declares that this ordinance is meant to
clarify and restate existing law. No change is intended.
Section 3. Should any part, clause or section of this Ordinance be
declared by any Court of competent jurisdiction to be invalid, the remaining
provisions of this Ordinance shall nevertheless be and remain in full force and
Ordinance No. 113
effect and the Board of Directors of the Costa Mesa Sanitary District of Orange
County, California, hereby declares that each and every section, clause,
provision or part of this Ordinance would have been adopted and made a part of
this Ordinance without the adoption of any portion thereof and that the invalidity
of any part or provision hereof shall not in any way affect the validity or
enforcement of the remaining provisions of this Ordinance that may stand on
their own.
Section 4. Pursuant to Health and Safety Code Sections 6490 and
6494.3, the District Clerk shall cause this ordinance or a summary thereof to be
published in a newspaper of general circulation printed and published in the
District according to law.
PASSED and ADOPTED this 28'" day of January, 2016.
, = �I _
Secretary President
APPROVED AS TO FORM
SrA
District Counsel
Ordinance No. 113
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, District Clerk of the Costa Mesa Sanitary
District, hereby certify that the above and foregoing Ordinance No. 113 was duly
and regularly passed and adopted by said Board of Directors at a regular
meeting thereof, held on the 281n day of January, 2016 by the following votes:
AYES: Scheafer, Perry, Ooten, Schafer, Ferryman
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 289" day of January, 2016.
le of tha Mes Sanitary District