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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