HomeMy WebLinkAboutORD NO 4810ORDINANCE NO. 4810
ORDINANCE AMENDING SECTIONS 8.29.020 AND
8.29.030 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO LITTER.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 8.29.020 of the Bakersfield Municipal Code is hereby amended to
read as follows:
8.29.020 Definitions.
For the purpose of this chapter the following terms, phrases, words and
derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future; the plural number
includes the singular number; and words used in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
A. "Garbage" means putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption of food.
B. "Litter" means garbage, refuse or rubbish as defined herein which is
not within a receptacle provided therefor.
C. "Person" means any person, firm, partnership, association,
corporation, company or organization of any kind.
D. "Private premises" means any private property, together with any
structure thereon, whether inhabited or temporarily or continuously uninhabited
or vacant, including the yard, grounds, walks, driveway, porch, steps, vestibule
or entryway thereof and any off - street parking area.
E. "Public place" means any and all public streets, sidewalks, gutters,
boulevards, alleys or other public rights -of -way and any and all public buildings,
parks, squares, grounds and publicly owned off - street parking area.
F. "Refuse" means all putrescible and nonputrescible solid wastes
(except human body waste) including garbage, rubbish, ashes, street cleanings,
dead animals, animal feces and solid market and industrial wastes.
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G. "Rubbish" means nonputrescible solid waste consisting of both
combustible and noncombustible wastes including but not limited to paper,
wrappings, cardboard, tin cans, weeds, dry grasses, dead trees and shrubs, yard
clippings, leaves, dirt (other than the natural soil, in place), pieces of broken
asphalt or concrete, wood, glass, bedding, crockery and similar materials.
H. "Sidewalk" means the paved and unpaved, planted or unplanted
area maintained between the property line and the curb line or the edge of the
surfaced roadway and includes a driveway, curbing, bulkhead, retaining wall or
other works for the protection of any sidewalk or parking located in any public
street, way or thoroughfare within the city.
SECTION 2.
Section 8.29.030 of the Bakersfield Municipal Code is hereby amended to
read as follows:
8.29.030 Littering— Prohibited — Penalty.
A. No person shall throw, deposit or accumulate litter in or upon any
public place or private premises as hereinbefore defined within the city, except
while such person is temporarily engaged in clearing the public place or private
premises of littering or improving the public place or private premises. This
section shall not apply to acts prohibited by Sections 23111, 23112, 23113 of the
California Vehicle Code.
B. Penalty.
1. Any person violating any of the provisions of this chapter is guilty of
an infraction or misdemeanor pursuant to Bakersfield Municipal Code § 1.40.010.
2. The court may as a substitute to a mandatory fine, permit any
person convicted of a violation of this chapter pick up litter at a time and place
within the jurisdiction of the court.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
JUN 2 4 2015 by the following vote:
✓ ✓ ✓ ✓ ✓
AYE • COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, _ SULLIVAN, PARLIER
NOES: COUNCILMEMBER: N Vey—
ABSTAIN: COUNCILMEMBER: NOt--L
BSE . COUNCILMEMBER: h'fa.t%Son,
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ROBERTA GAFFORD, dMIZP
CITY CLERK and Ex Officio Clerk of the
JUN 2 2015 Council of the City of Bakersfield
APPROVED: � �w
M
Mayor
L. HALL
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Associate City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 26th day of June , 2015 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4810, passed by the
Bakersfield City Council at a meeting held on the 24th day of June, 2015 and entitled:
ORDINANCE AMENDING SECTIONS 8.29.020 AND 8.29.030 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO LITTER.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
- ity Clerk
SADOCUMEN-RFORMSWOP.ORD.wpd