HomeMy WebLinkAboutOrd 764 ORDINANCE NO. 764
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ADDING CHAPTER 9.112 "PROHIBITION OF THE
INSTALLATION OF ATTENDED AND UNATTENDED COLLECTION
DONATION BINS" TO TITLE 9 OF THE CATHEDRAL CITY MUNICIPAL
CODE.
WHEREAS, on May 13, 2015 the City Council of the City of Cathedral City (the
"City") imposed a temporary 45-day moratorium ("Moratorium") to prohibit the
establishment, installation, placement, construction, and/or expansion (collectively
called "installation") of attended and unattended collection donation bins ("CDBs") after.
finding that the negative effects of the installation of CDBs pose a current and
immediate threat to the public health, safety and welfare of the community; and
WHEREAS, the Moratorium allowed the City to study of the effects of CDBs and
review the regulatory mechanisms available to regulate CDBs, including changes to the
Municipal Code, to protect the public health, safety, and/or welfare from the negative
effects of CDBs; and
WHEREAS, CDBs are proliferating in the City and this trend is anticipated to
continue if restriction of CDBs in the City is not taken; and
WHEREAS, the installation of new CDBs is incompatible with the established
uses due to the visual blight that jeopardizes residents' quiet enjoyment of their homes
and property and also the potential CDBs have to devalue their homes and property;
and
WHEREAS, the aforementioned disturbances are likely to have a negative effect
on the peaceful atmosphere that characterizes the City; and
WHEREAS, CDBs are likely to continue to become a public nuisance if they
remain unrestricted in the City since they have become a target for scavenging, graffiti
and illegal dumping if they are unattended, or during off hours and/or weekends if they
are attended; and
WHEREAS, CDBs have been and are likely to continue to be placed in
inappropriate or illegal locations, such as code-required parking spaces, code-required
setbacks, or City rights-of-ways, thus restricting sight-lines and affect vehicle circulation
and safety, including pedestrian safety; and
WHEREAS, Title 9 of the Cathedral City Municipal Code currently does not
regulate the installation of CDBs; and
WHEREAS, as a result of the aforementioned findings and to prevent the
negative effects of CDBs from continuing in the City, the City Council desires to prohibit
the installation of CDBs in order to afford more protection to the City and its residents by
preventing further blight, public nuisance and threats to the public safety, health and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 9.112 "PROHIBITION OF ATTENDED
AND UNATTENDED COLLECTION DONATION BINS" TO THE CATHEDRAL
CITY MUNICIPAL CODE.
A new Chapter 9.112 "Prohibition of Attended and Unattended Collection
Donation Bins" shall be added to Title 9 of the Cathedral City Municipal Code to read as
follows:
Chapter 9.112 Prohibition of Attended and Unattended Collection Donation
Bins
9.112.010. Collection donation bins defined
As used in this chapter, "collection donation bins" shall mean any
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attended or unattended container, bin, storage pod, box, bag, or similar
receptacle that is located on any lot, public or private, within the City that
is used for soliciting and collecting of or reverse vending of donation
collections of any kind, including but not limited to furniture, household
items, appliances, books, clothing, shoes, or other salvageable personal
property.
9.112.020. Collection donation bins prohibited
The installation, establishment and/or operation of attended and
unattended collection donation bins shall be strictly prohibited in all zone
classifications. No permit or any other applicable license or entitlement
for use, including, but not limited to, the issuance of a business license,
shall be approved or issued for the establishment or operation of
attended or unattended collection donation bins within city limits.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
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remaining provisions, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
SECTION 3. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code adopted by the City of
Cathedral City that are in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 4. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
SECTION5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its adoption by the City
Council of the City of Cathedral City.
SECTION 6. CITY ATTORNEY REVIEW
The City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt
this ordinance, that the ordinance is constitutionally valid and that the ordinance is
consistent with the general powers and purposes of the City as set forth in Section
1.04.031 of the Municipal Code.
SECTION7. EXECUTION AND CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on August 12, 2015 by the following vote:
Ayes: Council Members Kaplan, Carnevale and Aguilar; Mayor Pro
Tem Pettis and Mayor Henry
Noes: None
Abstain: None
Absent: None
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Stanley E. Henry, M or
ATTEST: APPROVED AS TO FORM:
Ga -F. 'Ho ell, City c Jerk
Charles R. Green, City Attorney
P:WPPS\WPDATA\CATH\0001\DOC\2957.4-
Ordinance Prohibition of CDBs (7-9-15 KAP
Revision).docx
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