HomeMy WebLinkAboutOrd 1676 - non-residential garbage and trash
Ordinance No~ 1676
AN ORDINANCE RELATING TO NON~RESIDENTIAL GARBAGE AND
TRASH; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE; AND CONTAINING FINDINGS AND PROVISIONS
RELA liNG TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Section 11 ~026 of the Code of Ordinances of the City of West
University Place, Texas is repealed~ Section 11.025 of the Code of Ordinances of the
City of West University Place, Texas is hereby amended as follows:
Sec. 11.025. Commercial collections; containers.
(a) In GeneraL Commercial collection rules sllall apply to any school, chllrcll,
busil1ess establishment, commercial, industrial or other premises not used exclusively for
residential purposes in the City (collectively referred to below as "non-residential
premises")~ used for business purposes. The City will not provide commercial
collection of garbage or trash~ Collection of commercial garbage and trasll is tIle
responsibility of the property owner or other person in control of the premises, who lllUst
provide adequate collection to prevent the unauthorized accllmulation of garbage and.
trash. This may require a "dumpster" or other contail1er for garbage or trash with a
capacity larger than 95 gallons (referred to below as a "large container")~ C o I111nerc ial
cont~ners must be at least fiye feet back from the property lille, or \J/here directed b)r tIle
zonillf; ordinance or the director ~
(b) Container re~lations~
(1) It sllall be unlawful for any person owning or COl1trolling any nOll-
residential premises to maintain or allow the outdoor accumulation of
garbage or trash on (or adjacent to) the premises~ except withil1 a COlltainer
that is:
(i) made of metal or other rigid material;
(ii) desiglled~ constructed and maintained to completely enclose
garbage or trash and prevent the entry of vermin; and
(iii) kept completely closed at all times, except when being filled,
emptied or cleaned~
(2) It shall be unlawful for any person owning or controlling allY 1100-
reSidential premises to place., use~ mail1tain or allow any large contailler on
those premises, if it does not comply with tIle additional criteria for large
containers set out in subsection (c), below.
(3) It shall be unlawful for any person to own any large container, or to place,
lease, rent~ control., empty or service it, if tIle container is:
(i) located on non-residential preluises, and
(ii) does 110t comply with the additiol1al criteria for large contaillers set
out in subsectiol1 (c), below~
(4) It shall be unlawful for any person to empty~ clean or service lilY large
container on any day after 7:00 PM or before 7:00 AM~ or to IGlowingly
ca~se or allow it to occur.
( c) Additional criteria for larf!e containers~ Large contaillers on 11011-residel1tiaJ
premises must: (i) comply witll the zoning ordinance as to location, screenillg, etc.; (ii) be
located at least five feet from any property line or street area (althougll the zoning
ordinal1ce may require a greater distance)~ and (iii) have a conspicuous notice reading as
follows: UNLAWFUL TO EMPTY THIS CONTAINER AFTER 7:00 PM OR BEFORE
7:00 AM IN THE CITY OF WEST UNIVERSITY PLACE. THIS CONTAINER MUST
BE KEPT CLOSED EXCEPT WHEN BEING FILLED~ EMPTIED OR CLEANED~"
The notice must be printed with red letters at least two inches high on a wllite
background, and it must be permaJ.lel1tly affixed (or pail1ted) in a location wllere it is
plainly visible to any person filling or emptying the COl1tainer.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
. are repealed to the extent of the conflict only.
Section 3. If any wordf phrasel clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrasel
clausef sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstancesf shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action~ The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance shall take effect on the tenth day following its
publication as provided in the City Charter.
Sig~l~~~~~
Mayor '
Reviewed: J
City Attorney
PASSED AND APPROVED on
Councilf1lembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest:
(Seal)
Recommended: '-(lJ~J)
City Magar
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