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HomeMy WebLinkAbout4-A-8 ORDINANCE NO. 4-A-8 AN (EDiNANCE AMENDING ORDINANCE NO. 4 OF THE CITY OF SARATOGA BY MAKING CEEEAIN ,~TENDMENTS AND ADDITIONS TO TITLE VI OF THE S,ANTE CLARA COUNTY CRDINANCE CODE TEEIN ADOPTED BY REFERENCE The City Council of the City of Saratoga does hereby ordain as follows: SECTION ~: Section 1.1: Section 1;of Ordinance No. 4 of the City of Saratoga is hereby amended by adding to Title VI of the Santa Clara County Ordinance Code therein adopted by referehce the following sections: 6.2.1-8.1: The terms "stream" and "creek" as hereinabove used in Section 6.2.1-8 shall~mean and include any and all natural water- ways and definite channels and d~pressions in the earth which carry~water even though such waterways may only carry water during rains or storms and do not carry storm waters at and during all times and seasons. Nothing+in this section is to be construed to exclude such waterways from the definition of "stream" orl"creek" prior to the effective date of this ordinance. 6.2.1~11: No per~onshall~place, deposit or dump or cause to be placed, deposited or dumped, any dirt,~rocks, gravel, mud or other objects of any nature or description on the traveled portions of any city'street or highway within the City of Saratoga.~ No person shall place, deposit or dump or cause to be placed, deposited or dumped any dirt, rocks, gravel, mud or any objects of any nature or description whatsoever in, on or against or in such a manner as to obstruct any natural or artificial storm drains running through or under any city street or highway within the City of Saratoga. 6.2.1-11.1: The City Engineer may remove any such dirt., rocks, gravel, mud or any other objects of any nature or description from such traveled portionsi of street or highways and from such storm drains or areas adjacent thereto which would te~d to cause a clogging or stoppage of such stor~ drains~, and the person or principal or the employee of such person causing such dirt, rocks, gravel or mud or any other objects to be so placed, deposited! or dumped shall be liable to the City of Saratoga for any expense in connection with the removal ~hereof. -1- SECTION 2: if any secti6~, subsection, sehtence~ clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remain- ing portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each Section, subsecti0n, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections; subsections~ sentences, clauses or phrases be held invalid or unconstitutional. SECTION 3: This' ordinande is hereby declared to be an urgency and ~mergency measure adopted for the preservation of the public peace, health, safety~ morals and welfare and is based '.upon the facts, which the Council hereby finds that this is a period of rain and storm and recently traveled portioMs of city streets and highways have been flooded and stream with debris making them highly dangerous of passage and due in many instances to the acts of persons in ~logging natural waterways and in allowing certain debris to spill upon public streets from trucks and other vehicles, and this ordinance shall be effective immediately .upon its passage and adoption. If for any reason t,his ozdinance does not qualify as an emergency ordinance, ther~ it shall be effective thirty days after its passage and ad6ption. This ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this ,~ of the f ollo ng vote: AYES: Brazil, Jepsen, Lsngwill,: Rosasco, WillJams NOES: None ABSENT: None MAYOR .  The abo~e a~ &TTES: copy o~ ~ y Published according ~o ~w. which has been CZ~ C~ : -2-