HomeMy WebLinkAboutOrdinance 6299 10/07/2013ORDINANCE 6299
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE, CHAPTER 4,
GARBAGE AND REFUSE, TO ELIMINATE DISCREPENCIES EXISTING BETWEEN
ILLICIT DISCHARGE, SECTION 4.372, AND DEPOSIT OF REFUSE UPON
PROPERTY OF ANOTHER OR UPON PUBLIC PROPERTY, SECTION 4.428, TO
ENSURE PROPER HANDLING OF SIDEWALK DIRT AND DEBRIS AND ADOPTING
A SEVERABILITY CLAUSE
THE COUNCIL OF THE CITY OF SPRINGFIELD FINDS:
WHEREAS, the health, safety and welfare of the inhabitants of the City would be better served
by protecting the stormwater management system of the City to prevent localized flooding and
protect water quality for fish and invertebrates; and
WHEREAS, currently there is a discrepancy involving Springfield Municipal Code, Section
4.428 and Springfield Municipal Code, Sections 4.372 and 5.272, that must be resolved; and
WHEREAS, the City of Springfield is required to detect, eliminate, and prevent illicit
discharges to the stormwater management system as a stipulation of its National Pollution
Discharge Elimination System permit, administered by the Oregon Department of Environmental
Quality.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD
DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 4, Garbage and Refuse, of the Springfield Municipal Code, is hereby
amended in Section 4.428 as follows:
"4.428 Deposit of Refuse Upon Property of Another or Upon Public Property
It shall be unlawful for any person to throw, dump, place, deposit or drain, or permit to be
drained upon the land or property of another, without the permission of the owner, or upon any
public property, road, highway, street, alley or any easement used by the public, any cans, glass,
nails, tacks, broken dishes or crockery, carcass of any dead animal, old clothing, old automobile
tires or parts, boards, metal or any sort of garbage, rubbish, trash, debris, or refuse, or any
sewage or the drainage from any cesspool or septic tank, or any substance which would mar the
appearance, create a stench or detract from the cleanliness or safety of such property, public or
private, road, highway, street, alley or easement. It shall further be unlawful for any person to
place any of the foregoing materials in any receptacle for such materials belonging to or upon the
land of another without the consent of the owner of the land and receptacle."
Section 2. This ordinance shall take effect 30 days from the date of its adoption by the City
Council and approval by the Mayor.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and individual provision and such holding shall not affect the
validity of the remaining portion hereof.
ADOPTED by the Council of.the City of Springfield this 7th day of October 2013 by
a vote of 5 for and 0 against, with 0 abstentions. (1 Absent - Woodrow)
APPROVED BY THE MAYOR OF THE CITY OF SPRINGFIELD THIS 7th DAY OF
October 2013.
Attest:
Amy So ity Recorder
REVIEWED & APPROVED
S TO FOR
DATE:
OFFICE OF OF CITY ATTORNEY
Christine Lundberg, Mayor
ORDINANCE NO. 6299