Chapter 6.04
GARBAGE, REFUSE AND CUTTINGS*

Sections:

6.04.010    Solid Waste Defined.

6.04.020    Recyclables Defined.

6.04.025    Commercial Solid Waste Bins Defined.

6.04.030    Green Waste Defined.

6.04.040    Beach Defined.

6.04.045    Public Solid Waste Container Defined.

6.04.050    Nuisance Declared.

6.04.055    Leaf Blowers.

6.04.060    Disposal on Public Property Prohibited.

6.04.070    Collection of Solid Waste.

6.04.080    Containers.

6.04.090    Solid Waste Container and Bulky Item Requirements.

6.04.095    Commercial Solid Waste Bin Requirements.

6.04.100    Green Waste.

6.04.110    Contents of Containers.

6.04.120    Prohibited Materials.

6.04.130    Fish and Fish Products.

6.04.140    Accumulation Limitation.

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

6.04.160    Administration of Collection Service.

6.04.170    Costs Defrayed From Ad Valorem Tax Revenue.

6.04.180    Removal of Building Scraps.

6.04.190    Public Solid Waste Containers.

6.04.191    Prohibition of Commercial Use of Public Solid Waste Containers.

6.04.195    Prohibition on Private Use of Public Solid Waste Containers on Balboa Island.

6.04.200    Tampering with Public Solid Waste Containers.

6.04.210    Prohibited Disposal.

6.04.220    Persons Required to Clean Sidewalks.

6.04.230    Burying of Solid Waste Prohibited.

6.04.240    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 Solid Waste Defined.

The term “solid waste” shall mean all discarded putrescible and nonputrescible solid, semisolid, and liquid wastes, including refuse, construction, demolition debris, bulky items, recyclable materials, and green waste or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of “nonhazardous solid waste” as set forth in the California Code of Regulations as it may be amended from time to time. Any reference in this Code to “garbage,” “refuse,” or “cuttings” shall mean “solid waste.” (Ord. 2014-7 § 1, 2014: Ord. 1403 § 1 (part), 1971)

6.04.020 Recyclables Defined.

The term “recyclable materials” shall mean 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 (i.e., AB 939). Recyclable materials include, but are not limited to, aluminum and tin cans, glass bottles, plastic bottles, plastic containers, newspaper, paper, printed materials, paper containers, cardboard and textiles. (Ord. 2014-7 § 2, 2014: Ord. 1558 § 1, 1974: Ord. 1403 § 1 (part), 1971)

6.04.025 Commercial Solid Waste Bins Defined.

The term “commercial solid waste bin” shall mean any container which requires special collection equipment, and is designed for the storage of solid waste generated by any business. (Ord. 2014-7 § 3, 2014: Ord. 82-29 § 1, 1982)

6.04.030 Green Waste Defined.

The term “green waste” shall mean and include trimmings from trees or shrubs, plants, grass cuttings, or removed or discarded branches, shrubs, plants, leaves or other forms of organic waste generated from landscapes or gardens, which are suitable for composting. (Ord. 2014-7 § 4, 2014: Ord. 1403 § 1 (part), 1971)

6.04.040 Beach Defined.

The term “beach” shall mean and include 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 of Newport Beach. (Ord. 1403 § 1 (part), 1971)

6.04.045 Public Solid Waste Container Defined.

The term “public solid waste container” shall mean all solid waste containers with a forty-four (44) gallon or one- to three-cubic-yard capacity suitable for the storage and collection of solid waste which are procured, placed and maintained on public property pursuant to Section 6.04.190. (Ord. 2014-7 § 5, 2014: Ord. 97-27 § 1, 1997)

6.04.050 Nuisance Declared.

The accumulation and existence of solid waste on any private premises, on, in, or upon any beach, street, alley or other public place within the City may be declared to be a nuisance. No person who owns, controls or occupies any premises in the City shall cause, permit or allow any such nuisance to exist thereon. (Ord. 2014-7 § 6, 2014: Ord. 1403 § 1 (part), 1971)

6.04.055 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.

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. After November 10, 2011, gas powered leaf blowers shall not be operated in any district identified in Title 20 of this Code as a district zoned for residential use, 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 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.    Nonresidential uses located within the boundaries of Planned Community (PC) districts.

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. 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)

6.04.060 Disposal on Public Property Prohibited.

No person shall throw, deposit or leave any solid waste, or, being in possession and control of any solid waste, shall 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 within the City. (Ord. 2014-7 § 9, 2014: Ord. 1403 § 1 (part), 1971)

6.04.070 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, 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 generated by construction, landscaping or gardening on the property when the solid waste has not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City;

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 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 nonprofit organization from collecting recyclables in any manner which does not conflict with this chapter or any other provision of this Code. (Ord. 2014-7 § 10, 2014: Ord. 2011-7 § 1, 2011: Ord. 91-6 § 1, 1991: Ord. 1558 § 2, 1974: Ord. 1403 § 1 (part), 1971)

6.04.080 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 accumulates, shall have a sufficient number of containers to accommodate all solid waste 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.

C.    Failure of the owner or tenant to comply with the provisions of this section shall constitute an infraction. (Ord. 2014-7 § 11, 2014: Ord. 95-25 § 1 (part), 1995: Ord. 1867 § 1, 1980: Ord. 1403 § 1 (part), 1971)

6.04.090 Solid Waste Container and Bulky Item Requirements.

A.    Solid waste container requirements vary throughout the City depending upon location and the solid waste 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 set out for collection shall satisfy one or more of the following requirements:

1.    Solid waste 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 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 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 collector servicing an area, a business owner or operator may use thirty-five (35) gallon containers to dispose of solid waste; 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. The City shall post on its website or such other public location a list of the bulky item collection rules and regulations specific to the various areas of the City.

B.    No person shall place any solid waste on public property for collection unless the solid waste is in a container, box, or bag that fully complies with subsection (A) of this section. No solid waste will be collected unless the solid waste is placed in a container, box or bag that complies with subsection (A) of this section. No person shall place any bulky item on public property for collection unless the bulky item fully complies with subsection (A) of this section. No bulky item will be collected unless the bulky item complies with subsection (A) of this section.

C.    Notwithstanding any other provision of this Code, the violation of this section shall constitute an infraction and shall be punishable as such or in accordance with Chapter 1.05. (Ord. 2014-7 § 12, 2014: Ord. 2000-1 § 1, 2000: Ord. 1403 § 1 (part), 1971)

6.04.095 Commercial Solid Waste Bin Requirements.

Any business which utilizes commercial solid waste bins for the storage of solid waste shall equip the bin with a lid or cover sufficient to prevent (A) odor from escaping the container, (B) flies and other insects from coming into contact with the contents of the container, (C) the contents from leaving the interior of the container, and (D) rain or water from entering the interior of the container. Further, any business utilizing any commercial solid waste bins shall ensure that the solid waste accumulated in the bins is picked up and disposed of at least once per week and shall maintain each bin in a clean and sanitary manner. Any business utilizing commercial solid waste bins shall keep the bins closed, the storage area clean and free of trash and debris, and ensure that all oil, grease, fluid and other items are contained within the bin storage area. The commercial solid waste bin storage area shall be cleaned or power washed, as needed, to keep the area free of grease, oils, fluids, stains or odors. (Ord. 2014-7 § 13, 2014: Ord. 82-29 § 2, 1982)

6.04.100 Green Waste.

Tree limbs, branches, hedge cuttings, and similar green waste materials may also be disposed of by placing them in a solid waste container, box, or bag compliant with Section 6.04.090. (Ord. 2014-7 § 14, 2014: Ord. 1403 § 1 (part), 1971)

6.04.110 Contents of Containers.

Contents of containers shall be limited to solid waste, except as qualified to the extent set forth in this section:

A.    Food waste or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor, and access to flies and animals.

B.    Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must be securely wrapped.

C.    Grass, tree, shrub and flower trimmings, leaves and weeds must be contained as set forth in Section 6.04.100. (Ord. 2014-7 § 15, 2014: Ord. 1403 § 1 (part), 1971)

6.04.120 Prohibited Materials.

A.    No person shall set out for collection any refuse 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;

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;

10.    Hypodermic needles unless broken and placed within a plastic container which cannot be pierced by the needle.

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

6.04.130 Fish and Fish Products.

Each wholesale and retail fish business, fish preserving plant, fish cold storage plant, fish market, and each business dealing in fish or fish products, shall dispose of, promptly and in a sanitary and clean manner, and at its sole cost and expense, all garbage accumulations in reference to its respective business, and at all times keep its respective business premises in a sanitary manner free of garbage accumulations and refuse, and shall at all times prevent any odor or smell from escaping from its respective business premises and shall also exclude all flies and other insects from reaching or coming in contact with refuse or garbage accumulations from its respective business premises. (Ord. 1403 § 1 (part), 1971)

6.04.140 Accumulation Limitation.

No person who owns, controls or occupies any premises shall permit garbage to accumulate for a period in excess of one calendar week, or refuse or cuttings to accumulate for a period of fifteen (15) days, or fall, refuse or neglect to place such garbage and such refuse and cuttings for collection in accordance with schedules established therefor, the provisions of this chapter, and rules and regulations established pursuant thereto. (Ord. 1879 § 1, 1981: Ord. 1403 § 1 (part), 1971)

6.04.150 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 sideyard, 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 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 may be placed in the gutter or 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. In no event shall containers, boxes, bags or bulky items 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, containers, boxes, bags or bulky items shall not be considered placed for collection and solid waste 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 before 7:00 a.m. on collection days, but not 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 are each 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. 2014-7 § 16, 2014: Ord. 95-25 § 1 (part), 1995: Ord. 94-5 § 2, 1994: Ord. 1403 § 1 (part), 1971)

6.04.160 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 disposition of solid waste, 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. (Ord. 2014-7 § 17, 2014: Ord. 1403 § 1 (part), 1971)

6.04.170 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. (Ord. 96-46 § 1, 1996)

6.04.180 Removal of Building Scraps.

All owners, contractors and builders of structures shall, upon the completion or demolition of any such structure, gather up and haul away, at their sole cost and expense, all solid waste of every nature, description or kind, which has resulted from the building or demolition of the structure, including all lumber scraps, shingles, plaster, brick, stone, concrete and other building material, and shall place the lot and all nearby premises utilized in such construction in a sightly condition. (Ord. 2014-7 § 18, 2014: Ord. 1403 § 1 (part), 1971)

6.04.190 Public Solid Waste 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 solid waste containers to receive and hold solid waste generated by the general public at those locations. The Municipal Operations Director shall at all times keep public containers in a clean and sightly condition and in good order and repair; provided, that the failure of the Municipal Operations Director to furnish and provide such containers shall not be held or construed to relieve any person from the penalties of this Code. (Ord. 2014-7 § 19, 2014: Ord. 2013-11 § 30, 2013: Ord. 1857 § 1, 1980: Ord. 1403 § 1 (part), 1971)

6.04.191 Prohibition of Commercial Use of Public Solid Waste 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 generated by the business into any public solid waste container unless otherwise authorized by resolution of the City Council of the City of Newport Beach. (Ord. 2014-7 § 20, 2014: Ord. 97-27 § 2, 1997)

6.04.195 Prohibition on Private Use of Public Solid Waste 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 into any public solid waste container located on Balboa Island. (Ord. 2014-7 § 21, 2014: Ord. 82-1 § 1, 1982)

6.04.200 Tampering with Public Solid Waste Containers.

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

6.04.210 Prohibited Disposal.

A.    On Another’s Property. No person shall throw, deposit or leave any solid waste, or who being in possession and control of any solid waste, permit it to be thrown, deposited or left on the property or premises of another located in the City 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 on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid waste from such real property, within three days after receipt of written notice by the Code Enforcement Supervisor, Municipal Operations Director or their designee to do so.

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

6.04.220 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 container by the person responsible for the cleanliness of said sidewalk. (Ord. 2014-7 § 24, 2014: Ord. 1403 § 1 (part), 1971)

6.04.230 Burying of Solid Waste Prohibited.

With the exception of green waste, no person shall dispose of, or attempt to dispose of, any solid waste by burying it in or underneath the surface of the earth. (Ord. 2014-7 § 25, 2014: Ord. 1403 § 1 (part), 1971)

6.04.240 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 6.04.070 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 6.04.070, 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. 2011-7 § 2, 2011: Ord. 1476 § 1, 1972)