HomeMy WebLinkAboutMC-1194
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Adopted: April 4. 2005
Effective: May 5. 2005
ORDINANCE NO. HC-1l94
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.15.020 OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING
3 LITTER, AND SECTION 8.15.170(B) OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING ENFORCEMENT.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
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ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code section 8.15.020 is now amended to read in
its entirety as follows:
"8.15.020 Definitions.
For the purposes of this Chapter only, the following terms, phrases, words, and their
derivations shall have the meanings given herein. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural number include the singular
number, and words used in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
A. "Aircraft" means any contrivance now known or hereafter invented, used, or designed for
navigation or for flight in the air. "Aircraft" shall include helicopters, lighter-than-air
powered craft, and balloons.
B. "City" means the City of San Bernardino.
C. "Commercial handbill" means any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copies of any matter of literature:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment,
or other activity, for the purpose of either directly or indirectly promoting the interest
thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for the
purpose of private gain or profit; but the terms of this clause shall not apply where
an admission fee is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held, given or taken place in connection with
the dissemination of information which is not restricted under the ordinary rules of
decency, good morals, public peace, safety and good order; provided, that nothing
contained in this clause shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition, or event of any kind,
without a license, where such license is or may be required by any law of this State,
or under any ordinance of this City; or
4. Which, while containing reading matter other than advertising matter, is
predominately and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person so engaged as
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KC-1l94
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AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.15.020
OFTHE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING LITTER,
AND SECTION 8.15.170(B) OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING ENFORCEMENT.
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advertiser or distributor.
D. "Garbage" means and includes table refuse, swill, and offal, and every accumulation of
animal, vegetable and other matter that attends the preparation, consumption, decay or
dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse
from kitchens and all household waste that has been prepared from or intended to be used
as food, or has resulted from the preparation of food and also includes all vegetable
trimmings from markets or stores. Articles and things not hereinbefore enumerated are not
included in the term "garbage": dead animals over five pounds in weight, dish or waste water,
paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire
and sweepings and like materials.
E. "Litter" means garbage, refuse, and rubbish, as defined in this section, and including, but
not limited to, animal excrement, and in addition, all other waste material, if thrown or
deposited as prohibited in this chapter, which tends to create a public nuisance.
F. "Newspaper" means any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States in accordance
with federal statute or regulation, and any newspaper filed and recorded with any recording
officer as provided by general law; and, in addition thereto, means and includes any
periodical or current magazine regularly published with not less than four issues per year, and
sold to the public, and any current periodical or newspaper which has not been adjudicated
as a newspaper of general circulation pursuant to Government Code, Division 7, Chapter I,
but which is nevertheless printed, published, and circulated at regular daily, weekly or
monthly periods and which devotes at least fifteen percent of its printed matter to news
subjects.
G. "Noncommercial handbill" means any printed or written matter, any sample, or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature not included in the
aforesaid definitions of a commercial handbill or newspaper.
H. "Park" means any public area, owned or used by the City, devoted to active or passive
recreation, including, but not limited to, a reservation, playground, recreation center or any
other public area in the City.
1. "Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
1. "Private premises" means any dwelling, house, building, or other structure, designed or
used either wholly or in part for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk,
driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling,
house, building, or other structure.
K. "Refuse" means all putrescible and nonputrescible solid wastes, except body wastes,
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MC-1l94
I
AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.15.020
OFTHE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING LITTER,
AND SECTION 8.15.170(B) OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING ENFORCEMENT.
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including but not limited to, garbage, rubbish, ashes, residue from street cleaning, dead
animals, abandoned automobiles, and solid market and industrial wastes.
L. "Rubbish" means nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, including but not limited to, paper, wrapping, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, plastic, cloth, bedding, crockery, and similar materials."
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SECTION 2. San Bernardino Municipal Code section 8.15.170(B) is now amended to read
in its entirety as follows:
"8. Any officer authorized by law to enforce the San Bernardino Municipal Code, and any
person authorized by San Bernardino Municipal Code Chapter 9.90 may enforce this
Chapter."
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KC-1l94
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AN ORDINANCE OFTHE CITY OF SAN BERNARDINO AMENDING SECTION 8.15.020
OF THE SAN BERNARDINO MUNICIPAL CODE, DEFINITIONS REGARDING LITTER,
AND SECTION 8.15.170(B) OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING ENFORCEMENT.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the
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Cit~Clerk
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The foregoing Ordinance is hereby approved t
,2005.
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GORDON McGINNIS
MAYOR PRO TEMPORE
CITY OF SAN BERNARDINO
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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