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Ord 2011-87CMSD ORDINANCE NO. 87 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT AMENDING CHAPTER 7.01 OF THE OPERATIONS CODE PERTAINING TO TRASH REGULATIONS WHEREAS, the Board of Directors has previously established regulations with regard to standardized trash containers; and WHEREAS, the District provides trash containers to residents receiving residential solid waste collection services who have paid for said services; and WHEREAS, some residents and other persons are depositing their solid waste in those residents' trash containers instead of their own containers; and WHEREAS, the Board desires to discourage this type of activity from residents and others by adopting and enforcing local regulations; and WHEREAS, the Board has the authority to adopt and enforce such regulations in the community; and WHEREAS, the Board believes it will be in the District's best interest to adopt an ordinance that would make it illegal for any person to deposit solid waste in another person's trash containers. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Chapter 7.01 of the Costa Mesa Sanitary District Operations Code is hereby amended by adding the following section to read as follows: "07.01.090 Unauthorized use of containers. It shall be unlawful for any person to deposit solid waste in a container owned or legally possessed by another person in any place, public or private, without the written permission of the owner or legal possessor of the container." Section 2. 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 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 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, 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 3yy,day of 'YL,w„,� 2011. Secretary President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 87 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 30th day of November 2011 by the following vote: AYES: Robert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 30th day of November 2011. . T Clerk of a Costa Mesa,. Sa nitary District