HomeMy Public PortalAboutOrd. 1692ORDINANCE NO. 1692
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ADDING SECTION 9-1.40 TO THE LYNWOOD MUNICIPAL CODE, TO ENHANCE
THE CITY'S CURRENT ANTI -SCAVENGING RULES
WHEREAS, California Public Resources Code Sections 41950 and 41951
specify paper, glass, cardboard, plastics, used motor oil, ferrous metal, aluminum, as
recyclable materials; and
WHEREAS, Lynwood Municipal Code 9-1.13 prohibits any tampering or
meddling with waste containers; and
WHEREAS, the City wishes to discourage scavenging of the City's recyclables
and to clarify the enforceability of the ordinance; and
WHEREAS, Section 3 of Chapter 20 ("Issuance of Administrative Citations and
Fines") under the Lynwood .Municipal Code provides for an administrative enforcement
mechanism for violations of the City's Code:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 1.40 of Chapter 9 of the Lynwood Municipal Code is
added to read:
9-1.40 Lynwood Anti -Scavenging Ordinance:
a. "Scavenging" means the unauthorized collection, removal, or possession of solid
waste, recyclables or organic material that is placed in City collection containers,
including any permanent or temporary receptacles utilized at special events and large
venue events, by any person or entity other than the City or a City authorized collector,
and the unauthorized removal of any recyclable materials identified in California Public
Resources Code Sections 41950 and 41951.
b. No person other than a responsible person or such person's authorized employees or
agents may remove, interfere with, or disturb any solid waste, green waste, or
recyclable materials once placed in the applicable container for temporary storage and
collection or any bulky goods placed in a proper collection location.
c. Any person who violates this anti -scavenging ordinance, or any other part of Chapter
9 of this Code, shall be subject to an administrative citation and fine under Section 3 of
Chapter 20 ("Issuance of Administrative Citations and Fines") under the Lynwood
Municipal Code.
Section 3. The City Manager or her designee is authorized to take action as
may be necessary to implement this Ordinance.
Section 4. The Mayor or presiding office of the City of Lynwood City Council is
hereby authorized to affix their signature to this Ordinance signifying its adoption by the
City Council of the City of Lynwood.
Section 5. The City Clerk of the City of Lynwood shall certify to the adoption of
this Ordinance and cause the same to be posted and/or published as required by law.
Section 6. This Ordinance shall go into effect and be in full force and operation
upon adoption by a 4/5 vote of the City Council. The City Council finds and determines
that adoption of this Ordinance is for the immediate preservation of the public peace,
health and safety, as those terms are defined in California Government Code Section
36937(b).
Section 7. If any chapter, section, subsection, subdivision, paragraph,
sentence, clause or phrase, or portion of this Ordinance or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons. The City
Council hereby declared that it would have adopted this Ordinance and each chapter,
section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions of the application thereof to any
person, be declared invalid or unconstitutional.
First read, adopted and ordered published at a regular meeting of the City Council held
on the 18th day of April, 2017.
PASSED, APPROVED and ADOPTED this 18th day of April, 2017.
ATTEST:
Maria Quinonez, City Clerk
2
Mafia T. Santillan-Beas, Mayor
APPROVED AS TO FORM:
c
David A. `Garcia, 6ity Attorney
APPROVED AS TO CONTENT:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at
its regular meeting held on the 18th day of April, 2017.
AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, MAYOR
PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
rl-
ari Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk
said City, do hereby certify that the above and foregoing is a full,
of Ordinance No. 1692 in my office and that said Ordinance was
and by the vote therein stated. Dated this 18th day of April, 2017.
� r -
aria Quinonez, City Clerk
0
of the City Council of
true and correct copy
adopted on the date