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HomeMy WebLinkAboutOrdinances - No. 1878ORDINANCE NO. 1878 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.16-SOLID WASTE-BY REPEALING AND REENACTING SECTION 13.16.050(A) - PLACEMENT OF CONTAINERS IN ITS ENTIRETY ====================================================================== BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 13.16.050(A), "Placement of Containers," is hereby repealed and reenacted in its entirety to read as follows: A. Residential. Residential customers utilizing refuse carts shall place containers in the gutter immediately adjacent to the curb or other areas as approved by the public works director. All containers must be placed in a location readily accessible to the contractor, free of obstacles. The placement shall also not impede pedestrian (including wheelchair) sidewalk access. Containers shall be maintained in accordance with Lodi Municipal Code Title 17 -Development Code -Chapter 17 .14, "General Property Development and Use Standards," Section 17.14.090, "Solid Waste Collection and Storage Areas." Failure to meet any of these conditions shall constitute cause for the contractor's refusal to perform collection services. The contractor shall, after collection, return containers/carts to the location from which they were collected. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereofto any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 191h day of June, 2013 ALAN NAKANISHI MAYOR State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1878 was introduced at a regular meeting of the City Council of the City of Lodi held June 5, 2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 19, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS-Hansen, Johnson, Katzakian, and Mayor Nakanishi COUNCIL MEMBERS-None COUNCIL MEMBERS-Mounce COUNCIL MEMBERS-None I further certify that Ordinance No. 1878 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ~ City Clerk 2