HomeMy WebLinkAbout97-24 Prohibit the Dumping of Animal Excrement in Public Gutters ORDINANCE NO. 97-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3-
12 AND SUBECTION (a) OF SECTION 8-83 OF THE
COSTA MESA MUNICIPAL CODE TO PROHIBIT THE
DUMPING OF ANIMAL EXCREMENT IN PUBLIC
GUTTERS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1 . Section 3-12 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 3-12 Nuisances generally.
It shall be unlawful for the owner or person having charge, custody or control
of any animal, to permit, either willfully or through failure to exercise due care or
control, any such animal, to commit any nuisance by leaving its feces and to allow
said feces to thereafter remain on any public sidewalk, public gutter, public park,
public street, or any other public property or on any improved private property other
than that of the owner or person who has custody or control of such animal.
Section 2. Subsection (a) of Section 8-83 of the Costa Mesa Municipal
Code is hereby amended to read as follows:
"(a) It shall be unlawful for any person to place, deposit, dump or cause to
be placed, deposited or dumped any solid waste, hazardous waste or infectious
waste in or upon any private property or in or upon any public property which the
public is admitted by easement or license without the consent of the owner, or in
or upon any public highway, street, alley, sidewalk, gutter, parkway or upon any
private road, alley, sidewalk, gutter or driveway in common use, or upon any public
property other than property designated or set aside as a disposal station for such
purpose by resolution of the City Council or County Board of Supervisors."
Section 3. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
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
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any local, State, or
Federal law, regulation, or codes dealing with life safety factors.
Section 4. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH-COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
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office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 44 day of cut,- , 1997.
4111
Mayor If
ATTEST: APPROVED AS TO FORM:
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City Cle of the City Attorney
City of osta Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA ►
I, MARY T. ELLIOTT, Deputy City Clerk and ex-officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 97-24 was introduced and considered section by section at a regular
meeting of said City Council held on the 21st day of July, 1997, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 4th day of August, 1997, by the following roll call vote: {
AYES: &FF M®NANan) £2iCKSonJ C....oLQAA) don1Eg5
NOES: JJOA.)
ABSENT: AhsnJE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 5th day of August, 1997.
Deputy ty Clerk and ex-officio
Clerk of the City Council of the
City of Costa Mesa
ANIMAL EXCREMENT.40{6-21-97)
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