Chapter 6.04
GARBAGE, REFUSE AND CUTTINGS*

Sections:

6.04.010    Purpose and Intent.

6.04.020    Definitions.

6.04.030    Nuisance Declared.

6.04.040    Leaf Blowers.

6.04.050    Disposal on Public Property Prohibited.

6.04.060    Collection of Solid Waste.

6.04.070    Containers.

6.04.080    Solid Waste and Divertible Material Container and Bulky Item Requirements.

6.04.090    Commercial and Multifamily Bin and Wheeled Cart Requirements.

6.04.100    Prohibited Material.

6.04.110    Accumulation Limitation.

6.04.120    Storage and Placement of Containers, Boxes, Bags or Bulky Items for Collection.

6.04.130    Administration of Collection Service.

6.04.140    Costs Defrayed from Ad Valorem Tax Revenue.

6.04.150    Removal of Construction and Demolition Debris.

6.04.160    Public Solid Waste and Public Recyclable Material Containers.

6.04.170    Prohibition of Commercial Use of Public Solid Waste, Recyclable Material, or Divertible Material Bins/Containers.

6.04.180    Prohibition on Private Use of Public Solid Waste or Public Recyclable Material Containers on Balboa Island.

6.04.190    Tampering with Public Solid Waste or Public Recyclable Material Containers.

6.04.200    Prohibited Disposal.

6.04.210    Persons Required to Clean Sidewalks.

6.04.220    Burying of Solid Waste or Recyclable Material Prohibited.

6.04.230    Violation, Penalties and Enforcement.

*    Water and sewers—See Title 14.

    Prior ordinance history—1949 Code §§ 5200—5221, as amended by Ordinances 687, 855. 921, 1164 and 1192.

    1949 Code Section 5212, which was derived from Initiative Ordinance 878 adopted by a vote of the people on June 2, 1959, and became effective on June 19, 1959.

6.04.010 Purpose and Intent.

The City Council finds and declares that the regulations contained in this chapter are necessary and appropriate to protect the health, safety and welfare of the citizens of the City by providing minimum standards for the safe and sanitary collection, storage, transportation and solid waste, green waste, and recyclable material generated within the City. (Ord. 2019-15 § 4 (part), 2019)

6.04.020 Definitions.

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined in Chapter 6.06 shall have the same meanings herein unless expressly defined in this chapter. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.

“Beach” means and includes all the shore of the Pacific Ocean lying southerly of the most southerly line of the public street nearest and parallel to the ocean and all the shore of the harbor and any bay or channel in the City.

“Bin” means an open top, metal wheeled, rectangular container with attached plastic or metal lid(s), used for storage of solid waste, recyclables, green waste, wood, food scraps, construction and demolition debris or other materials.

“Cart” means a container with a hinged lid and wheels collected by an automated or semi-automated truck, which come in a variety of sizes including, but not limited to, a capacity of twenty-two (22) to twenty-five (25) gallons, thirty-two (32) to thirty-five (35) gallons, sixty-two (62) to sixty-five (65) gallons and ninety (90) to ninety-five (95) gallons.

“Garbage, refuse, and cuttings” shall have the same definition as set forth in the applicable portions of Ordinance 1403, adopted on November 8, 1971, and Ordinance 1558 adopted March 25, 1974.

“Green waste” means trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or other materials generated from landscapes or gardens.

“Municipal solid waste” or “solid waste” means all discarded putrescible and nonputrescible solid, and semisolid waste generated in or related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes, but does not include (i) recyclables, food scraps, green waste, wood waste or construction and demolition debris that have been separated and segregated from municipal solid waste for diversion; or (ii) liquid wastes, abandoned vehicles, auto parts, hazardous, biohazardous or biomedical wastes.

“Public solid waste container” and “public recyclable material container” shall mean all solid waste and divertible/recyclable material containers suitable for the storage and collection of solid waste or divertible/recyclable material which are procured, placed and maintained on public property in accordance with this chapter.

“Recyclable material” or “recyclables” means items in the solid waste stream which can be reused or processed into a form suitable for reuse consistent with the requirements of State law including, but not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic containers, newspaper, paper, printed materials, paper containers, cardboard and textiles. Recyclable material does not include green waste, wood waste, food scraps or construction and demolition debris. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 §§ 1 – 5, 2014; Ord. 97-27 § 1, 1997; Ord. 82-89 § 1, 1982; Ord. 1558 § 1, 1974; Ord. 1403 § 1 (part), 1971. Formerly 6.04.010 – 6.04.045)

6.04.030 Nuisance Declared.

The accumulation and existence of solid waste or divertible material on any private premises, on, in, or upon any beach, street, alley or other public place within the City is hereby declared to be a public nuisance. No person who owns, leases, controls, occupies or has charge of any premises in the City shall cause, permit or allow any public nuisance to exist thereon. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 6, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.050)

6.04.040 Leaf Blowers.

A.    Definitions.

1.    “Leaf blowers” shall mean any air blowing machine that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris. This definition shall include “mechanical blowers” as that term is used in Chapter 10.28. “Leaf blowers” shall not include any leaf or refuse vacuum.

2.    “Common interest development” and “association” shall be defined as those terms are defined in California Civil Code Section 1351 or any successor statute.

B.    Use of Leaf Blowers.

1.    Leaf blowers may be used and operated to sweep or clean any surface of dirt, dust, leaves, grass clippings, trimmings, or debris only if the green waste, solid waste or debris so swept or blown are not left in or upon any adjacent or other parcel, any street, public place or right-of-way, public beach, or on the shore, or in the waters of Newport Bay.

2.    The hours of operation and maximum noise levels shall be subject to the provisions of Chapter 10.28.

3.    Operation of Gas Powered Leaf Blowers in Residential Districts Prohibited. Gas-powered leaf blowers shall not be operated in any district identified in Title 20 as a district zoned for residential use or areas designated for residential use as part of a Planned Community (PC) or Specific Area Plan, with the exception of operations or locations described in subsections (B)(3)(a) through (e) of this section:

a.    Residential common interest developments of five (5) or more dwelling units with an association responsible for establishing regulations or operating rules controlling the management and maintenance of their exterior residential environment may, by the method set out in their association’s rules and regulations, choose to be exempt from the restrictions contained in this section. The Office of the City Manager shall establish procedures through which such residential common interest developments may demonstrate their decision to be exempt from this section.

b.    The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency.

c.    Maintenance of golf courses and golf practice facilities conducted between the hours of 6:00 a.m. and 8:00 p.m., and maintenance of other nonresidential uses appurtenant to golf course uses between the hours of 7:00 a.m. and 8:00 p.m.

d.    Areas designated for nonresidential uses located in a Planned Community (PC) or Specific Area Plan.

e.    Operation on parcels zoned for nonresidential use that may be adjacent to or surrounded by a district otherwise zoned for residential use (including but not limited to parcels zoned for public or private institutional uses, park and recreation uses, open space uses, or other similar nonresidential uses).

C.    Violations. Any person who uses a gas powered leaf blower in a residential zone, and/or causes or permits cuttings, refuse or debris swept or blown by any leaf blower to be left in places contrary to the provisions of subsection (B) of this section, is guilty of an infraction. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 §§ 7, 8, 2014; Ord. 2011-12 § 1, 2011: Ord. 95-38 § 2, 1995: Ord. 87-15 § 1, 1987; Ord. 83-23 § 1, 1983; Ord. 1828 § 1, 1979. Formerly 6.04.055)

6.04.050 Disposal on Public Property Prohibited.

No person who is in possession or otherwise controls solid waste or divertible material, shall throw, deposit or leave any solid waste or divertible material, or permit the same to be thrown, deposited or left, in or upon any street, public beach or other public place, or on the shore, or in the waters of Newport Bay. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 9, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.060)

6.04.060 Collection of Solid Waste.

A.    All solid waste placed in the vicinity of any curb or alley for collection purposes shall become the property of the City, a sanitary district, or a private collector licensed or contracted by the City.

B.    No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a private collector licensed or contracted by the City, shall remove from any place or premises in the City, or transport over public streets, any solid waste.

C.    No person shall enter onto private property for the purpose of collecting or inspecting solid waste or divertible material except the owner, occupant, manager, person in control of the premises, or a person employed to do so by the City, a sanitary district, or private collector licensed or contracted by the City to perform this service who is then acting within the course and scope of their agency or employment.

D.    No person shall knowingly aid and abet another person in committing a violation of subsection (A), (B), or (C) of this section. A person is guilty of aiding and abetting another person in committing a violation of subsection (A), (B), or (C) of this section if the person knows of the other person’s unlawful purpose and the person specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of a violation of subsection (A), (B), or (C) of this section.

E.    The provisions of this section shall not prohibit:

1.    Any person, with the permission and consent of the property owner, from gathering and removing solid waste, construction and demolition debris, green waste and/or wood waste generated by construction, landscaping or gardening on the property when the solid waste and/or divertible material have not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; provided, that such activities are in compliance with all provisions of this Code including, but not limited to, the provisions of Chapter 6.06;

2.    Any person from removing solid waste generated on property owned or controlled by that person;

3.    The immediate removal by any person of solid waste, food scraps, and other divertible material which the Health Officer, Code Enforcement Supervisor, City Manager or his/her designee, Fire Chief, Building Official or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare;

4.    Any entity, person or organization from collecting recyclables that have been donated or sold to such entity by the person owning or controlling the premises where the recyclables were generated, in any manner which does not conflict with this chapter or any other provision of this Code; or

5.    Any person engaged in the business of destruction of secret, confidential or sensitive documents from collecting, shredding, destroying, recycling and/or disposing of those documents, provided the transport of the documents is incidental to the document destruction or disposal service. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 10, 2014: Ord. 2011-7 § 1, 2011: Ord. 91-6 § 1, 1991: Ord. 1558 § 2, 1974: Ord. 1403 § 1 (part), 1971. Formerly 6.04.070)

6.04.070 Containers.

A.    Except as provided in subsection (B) of this section, every owner and tenant of any dwelling unit or units, or any place of business or institution within the City where solid waste and/or divertible material accumulate, shall have a sufficient number of containers to accommodate all solid waste and divertible material accumulated on the premises between collection days.

B.    The owner and tenant are each responsible for having the required number of containers; provided, however, the occupant of any dwelling unit for which a short-term lodging permit has been issued by the City shall not be responsible for compliance with this section. (Ord. 2019-15 § 4, 2019: Ord. 2014-7 § 11, 2014: Ord. 95-25 § 1 (part), 1995: Ord. 1867 § 1, 1980: Ord. 1403 § 1 (part), 1971. Formerly 6.04.080)

6.04.080 Solid Waste and Divertible Material Container and Bulky Item Requirements.

A.    Container requirements for solid waste and divertible material vary throughout the City depending upon location and the solid waste and divertible material collector servicing the area. If a container is collected by automated equipment, the container shall not exceed the weight limit provided on the container, including contents. If a container is collected without automated equipment, the container shall not exceed fifty (50) pounds in weight, including contents. All solid waste and divertible material set out for collection shall satisfy one or more of the following requirements:

1.    Solid waste or divertible material shall be placed in a container provided by, or allowed by, the City, a sanitary district or a permitted contractor, for use in the specific area the container is provided or used;

2.    If allowed by the solid waste or divertible material collector servicing an area, persons may use sturdy, grease-resistant, waterproof nonreturnable bags which are specifically designed for solid waste provided that each filled bag, including contents, is no greater than fifty (50) pounds, the opening is secured, and the weight does not cause the bag to tear when handled;

3.    If allowed by the solid waste or divertible waste collector servicing an area, solid waste may be placed within a cardboard box and other similar disposable container (collectively, “box”) weighing fifty (50) pounds or less, including contents;

4.    If allowed by the solid waste or divertible material collector servicing an area, a business owner or operator may place solid waste and/or divertible material in separate thirty-five (35) gallon containers; or

5.    Bulky item collection (e.g., an item that does not fit within an approved container, box or bag) varies according to the agreement the City, a sanitary district, or a private community has with a private collector licensed or contracted by the City. Bulky items shall be placed in accordance with the bulky item collection rules and regulations specific to the various areas of the City, which shall be posted on the City’s website.

B.    No person shall place any solid waste, divertible material or bulky item on public property for collection unless the solid waste and/or divertible material are in a container, box, or bag that fully complies with subsection (A) of this section. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 12, 2014: Ord. 2000-1 § 1, 2000: Ord. 1403 § 1 (part), 1971. Formerly 6.04.090)

6.04.090 Commercial and Multifamily Bin and Wheeled Cart Requirements.

Any person who owns, leases, controls, or has charge of any business or multifamily dwelling, which utilizes commercial solid waste bins or wheeled carts for the storage of solid waste, recyclables, green waste, wood waste, food scraps and/or construction and demolition debris shall ensure:

A.    The bin and/or wheeled cart is equipped with a lid or cover sufficient to prevent:

1.    Odor from escaping the container;

2.    Flies and other insects from coming into contact with the contents of the container;

3.    The contents from leaving the interior of the container; and

4.    Rain or water from entering the interior of the container.

B.    The solid waste, green waste, wood waste and food scraps accumulated in the bins and wheeled carts are picked up a minimum of one time per week and recyclable material is picked up at least one time per month.

C.    Each bin and cart is maintained in a clean and sanitary manner.

D.    The lids to the bins or wheeled carts are closed at all times except when solid waste or divertible material is being deposited, the storage area is clean and free of trash and debris, and all oil, grease, fluid and other items are contained within the bin or wheeled cart storage area.

E.    The storage area is cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 13, 2014: Ord. 82-29 § 2, 1982. Formerly 6.04.095)

6.04.100 Prohibited Material.

A.    No person shall set out for collection any solid waste or divertible material which contains any of the following:

1.    Ammunition or explosives;

2.    Industrial wastes, or caustic or hazardous chemicals or acids;

3.    Pathological, toxic and radioactive waste;

4.    Drugs or medicines;

5.    Human feces, unwrapped animal feces or dead animals;

6.    Liquids, paints or any substance the disposal of which is regulated by the Hazardous Substances Act, or regulations adopted pursuant thereto;

7.    Any material, the disposal of which is prohibited within County landfills, including, but not limited to, items longer than four feet in length or items more than eighteen (18) inches in diameter;

8.    Lube oils and used oil filters;

9.    Items which are too large for, or which may damage, the collection equipment or machinery such as large pieces of metal, machine parts, logs and tree stumps; or

10.    Hypodermic needles and lancets.

B.    Sod, building scraps, bricks, concrete and other building or construction debris may be refused at the discretion of the collector. (Ord. 2019-15 § 4 (part), 2019: Ord. 94-5 § 1, 1994: Ord. 83-15 § 1, 1983: Ord. 1403 § 1 (part), 1971. Formerly 6.04.120)

6.04.110 Accumulation Limitation.

No person who owns, leases, controls, occupies or has charge of any premises shall permit solid waste, green waste, wood waste or food scraps to accumulate for a period in excess of one calendar week, or recyclables to accumulate for a period in excess of one calendar month.

No person shall fail, refuse or neglect to place such solid waste and divertible material for collection in accordance with schedules established therefor, the provisions of this chapter, the provisions of Chapter 6.06, and rules and regulations established pursuant thereto. (Ord. 2019-15 § 4 (part), 2019: Ord. 1879 § 1, 1981: Ord. 1403 § 1 (part), 1971. Formerly 6.04.140)

6.04.120 Storage and Placement of Containers, Boxes, Bags or Bulky Items for Collection.

A.    Storage of Containers, Boxes, Bags or Bulky Items. Containers, boxes, bags or bulky items shall be stored in a garage, carport, trash enclosure, or in the side yard, and beyond a line drawn parallel to the alley from the corner of the building closest to the alley to the adjacent property line except when the containers, boxes, bags or bulky items are placed out for collection.

B.    Placement for Collection.

1.    Containers, boxes, bags or bulky items shall be placed for collection in a location easily accessible to the solid waste and divertible material collector such as the streetside of the adjacent sidewalk, in the parkway, or in driveways and adjacent to the curb line. Containers, boxes, bags or bulky items shall be placed in the street in a manner that does not impede traffic.

2.    If solid waste is collected from an alley abutting the premises, containers, boxes, bags or bulky items shall be placed for collection as close to the alley property line as feasible and on private property. In any alley where a yellow line has been painted by City to demarcate private from public property, containers, boxes, bags or bulky items shall be placed adjacent to the yellow line on the private property side. Containers, boxes, bags or bulky items shall not be placed more than eight feet onto private property as measured from the alley property line or placed in a manner which could obstruct vehicular travel through the alley.

3.    Unless an exception applies or other arrangements have been made with the solid waste and divertible material collector serving an area, containers, boxes, bags or bulky items shall not be considered placed for collection and solid waste and divertible material will not be collected unless the containers, boxes, bags or bulky items are removed from any enclosure, structure, cabinet, cart or shelf.

4.    Containers, boxes, bags or bulky items shall be placed for collection at residences before 7:00 a.m. on collection days and at businesses before 5:00 a.m. Containers, boxes, bags or bulky items shall not be placed for collection at residences or businesses earlier than 7:00 p.m. the day preceding the collection day, and containers, boxes or bags shall be relocated to their required storage place as soon as possible after collection, but no later than 7:00 p.m. of the day of collection.

C.    The owner and tenant shall be responsible for the placement of containers, boxes, bags or bulky items; provided, however, the occupant of any dwelling unit for which a short-term lodging permit has been issued by the City shall not be responsible for compliance with this section. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 16, 2014: Ord. 95-25 § 1 (part), 1995: Ord. 94-5 § 2, 1994: Ord. 1403 § 1 (part), 1971. Formerly 6.04.150)

6.04.130 Administration of Collection Service.

The City Manager or designated representatives shall administer the provisions of this chapter. In carrying out this responsibility, he or she shall have the following powers and duties:

A.    Establish the routes, hours and days of collection and he or she may change the same as he or she deems necessary, and shall give notice of such routes, hours, days and changes as seems advisable.

B.    Establish rules and regulations consistent with this chapter governing storage, collection and disposal of solid waste and collection and diversion of recyclables, green waste, wood, food scraps and other material including the determination of standards and specifications for approved containers, boxes or bags and the placement of containers, boxes or bags. The rules may permit special containers or bins when the quantity or the nature of the material to be collected so requires.

C.    Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable and proper to effect the sanitary, expedient, economical and efficient collection, removal and disposal of solid waste and diversion of recyclables, green waste, wood, food scraps and other materials. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 17, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.160)

6.04.140 Costs Defrayed from Ad Valorem Tax Revenue.

The cost and expense of collecting, hauling away and disposing of garbage, refuse and cuttings, as those terms are defined by Sections 6.04.010, 6.04.020 and 6.04.030 for any dwelling or dwelling unit, existing or future, within the boundaries of the City as of November 1, 1996, that receives curbside container refuse collection service from the City, shall be defrayed exclusively from the ad valorem tax revenues of the City.

[Note: The definition of “garbage, refuse and cuttings” referred to in Ordinance 96-46 adopted by the voters is now set forth in Section 6.04.020.] (Ord. 2019-15 § 4 (part), 2019: Ord. 96-46 § 1, 1996. Formerly 6.04.170)

6.04.150 Removal of Construction and Demolition Debris.

All owners, contractors and builders of structures shall, at their sole cost and expense, comply with all requirements of Section 15.11.010 to divert construction and demolition debris from disposal. All construction and demolition debris shall be removed from the lot and all nearby premises utilized in such construction within ten (10) calendar days of demolition and said lot and premises shall be left in a sightly condition. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 18, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.180)

6.04.160 Public Solid Waste and Public Recyclable Material Containers.

The City Manager or designated representative shall procure, place and maintain at suitable places on certain business sidewalks, the public beaches, piers and bay and ocean front street ends a sufficient number of public solid waste and public recyclable material containers to receive and hold solid waste and divertible material generated by the general public at those locations. The Public Works Director shall at all times keep public solid waste and public recyclable material containers in a clean and sightly condition and in good order and repair; provided, that the failure of the Public Works Director to furnish and provide such containers shall not be held or construed to relieve any person from the penalties of this code. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 19, 2014: Ord. 2013-11 § 30, 2013: Ord. 1857 § 1, 1980: Ord. 1403 § 1 (part), 1971. Formerly 6.04.190)

6.04.170 Prohibition of Commercial Use of Public Solid Waste, Recyclable Material, or Divertible Material Bins/Containers.

No person who owns, leases, operates, manages or is employed by a business, as that term is defined in Section 5.04.010, shall deposit, or cause to be deposited, any solid waste, recycled material, or divertible material generated by the business into any public solid waste, public recyclable material, or public divertible material bin or container unless the business or property is exempted by resolution of the City Council of the City. (Ord. 2020-13 § 1, 2020: Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 20, 2014: Ord. 97-27 § 2, 1997. Formerly 6.04.191)

6.04.180 Prohibition on Private Use of Public Solid Waste or Public Recyclable Material Containers on Balboa Island.

No person who resides, leases, rents or occupies property located on Balboa Island, and no person who owns, leases, rents, operates, manages or is employed by any business located on Balboa Island, shall deposit, or cause to be deposited, any solid waste or divertible material into any public solid waste or public recyclable material container located on Balboa Island. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 21, 2014: Ord. 82-1 § 1, 1982. Formerly 6.04.195)

6.04.190 Tampering with Public Solid Waste or Public Recyclable Material Containers.

No person shall remove, without lawful authority, any public solid waste or public recyclable material container from the place where it is placed and maintained by the Public Works Director, or willfully deface, injure, damage or destroy, or use any public solid waste container or public recyclable material container for any purpose other than the authorized placing of solid waste or divertible material therein by the general public. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 22, 2014: Ord. 2013-11 § 31, 2013: Ord. 1403 § 1 (part), 1971. Formerly 6.04.200)

6.04.200 Prohibited Disposal.

A.    On Another’s Property. No person who is in possession or otherwise controls solid waste or divertible material shall throw, deposit or leave any solid waste or divertible material, or permit the same to be thrown, deposited or left, in or upon the property or premises of another person without the knowledge and prior permission of the owner thereof.

B.    On Own Property. No owner of real property shall throw, deposit or leave, or knowingly permit another to throw, deposit or leave, solid waste or divertible material on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid waste or divertible material from such real property, within three days after receipt of written notice by the Code Enforcement Supervisor, Public Works Director or their designee to do so.

C.    By Tenants. No owner of real property located in the City shall knowingly permit tenants while in occupation of such real property to throw, deposit or leave any solid waste or divertible material upon the property or premises of another. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 23, 2014: Ord. 2013-11 § 32, 2013; Ord. 1403 § 1 (part), 1971. Formerly 6.04.210)

6.04.210 Persons Required to Clean Sidewalks.

The occupant, tenant, owner, lessee, or proprietor of any real estate in this City in front of which there is a paved sidewalk shall cause said sidewalk to be swept or otherwise cleaned as frequently as necessary to maintain said sidewalks reasonably free of leaves, dirt, paper, litter or rubbish of any kind. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the street or gutter, but shall be disposed of by being placed in a solid waste or divertible material container by the person responsible for the cleanliness of said sidewalk. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 24, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.220)

6.04.220 Burying of Solid Waste or Recyclable Material Prohibited.

No person shall dispose of, or attempt to dispose of, any solid waste or recyclable material by burying it in or underneath the surface of the earth in the City of Newport Beach. (Ord. 2019-15 § 4 (part), 2019: Ord. 2014-7 § 25, 2014: Ord. 1403 § 1 (part), 1971. Formerly 6.04.230)

6.04.230 Violation, Penalties and Enforcement.

A.    It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter.

B.    Any person violating any of the provisions or failing to comply with any of the requirements of Section 6.04.060 shall be guilty of a misdemeanor pursuant to the provisions of Section 1.04.010(C); however, the violation may be prosecuted as an infraction pursuant to the provisions of Section 1.04.010(A).

C.    Except for Section 6.04.060, any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction pursuant to the provisions of Section 1.04.010(A).

D.    In addition to, or separate from, the foregoing criminal penalties, any person violating any of the provisions or failing to comply with any of the requirements of this chapter is subject to the issuance of an administrative citation pursuant to the provisions of Section 1.04.010(E) and Chapter 1.05. (Ord. 2019-15 § 4 (part), 2019: Ord. 2011-7 § 2, 2011: Ord. 1476 § 1, 1972. Formerly 6.04.240)