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PLEASE SUBSTITUTE FOR ORDINANCE NO. <br />28-09 PLACED ON 1ST READING AND RE- <br />FERRED TO THE PUBLIC WORKS COMMITTEE <br />2/17/09, 2ND READING 3/2/09; REFERRED FROM <br />PUBLIC WORKS COMMITTEE TO THE <br />COMMITTEE OF THE WHOLE 3/9/09.. <br />ORDINANCE NO 28-09 BY'. <br />AN ORDINANCE to take effect immediately provided it receives the affirmative <br />vote of at least five (5) members elected to Council, or otherwise to take effect and be in <br />force after the earliest period allowed by law, to create a new Section 1777.03 of the <br />Codified Ordinances of the City of Lakewood titled "Mandatory Recycling," <br />WHEREAS, the people of the City of Lakewood have expressed great interest In <br />preserving the environment by reducing the amount of refuse sent to landfills and incin- <br />erators; and <br />WHEREAS, the City has been honored by the Cuyahoga County Solid Waste <br />District for its entrepreneurial approach,to recycling despite that only approximately 35 <br />percent of residences and businesses participate in the recycling program; and <br />WHEREAS, in 2006 the City recycled more than 13,800 tons of materials which <br />would otherwise have gone into a landfill, saving Lakewood taxpayers $400,000 in tip- <br />ping fees and earning $85,000 in revenue; and <br />WHEREAS, increased participation could dramatically increase those figures, <br />which in turn would benefit the City; and <br />WHEREAS, it should be the policy of the City to reduce the amount of solid <br />waste generated and to require the recycling of specified recyclable materials to the full- <br />est extent possible; and <br />WHEREAS, the City is instituting a modified refuse program, relying on auto- <br />mated refuse collection, beginning in or around June 2009; and <br />WHEREAS, the City should therefore establish a program for the mandatory se- <br />paration of certain recyclable materials from refuse, applicable to all persons receiving <br />municipal solid waste collection services in Lakewood, to be carried out under the su- <br />pervision of the Director of Public Works in conjunction with the City's automated refuse <br />collection program beginning in or around June 2009; and <br />WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits <br />municipalities to exercise all. powers of local self-government and to adopt and enforce <br />within their limits such local police, sanitary and other similar regulations as are not in <br />conflict with general laws; and <br />WHEREAS, this Council by a vote of at least five (5) members elected hereto <br />determines that this ordinance is an emergency measure and that it shall take effect on <br />