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HomeMy WebLinkAboutOrd 1547 - garbage or trash Ordinance No. 1547 AN ORDINANCE RELATING TO GARBAGE OR TRASH; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Section 11.015 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as set.out in Exhibit A, attached. Section 2. This ordinance applies from and after its effective date. Any violations committed before the effective date are governed by the ordinances in effect before the effective date, and they are continued in effect for this pwpose. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, 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, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 5. 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 6. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. l~:'-~.T_':~~~-__ r~-::_"'~1~~ ~=~"'=~,c-=-=~ 1.'Ii:C,-~--- ----.- - - - - - -'J~~"-:lIf: Tel lflIl PASSED AND APPROVED ON FIRST READING, this ~~ay of ~ ,19$- CounciImembers Voting Aye: CounciImembers Voting No: CounciImembers Absent: PASSED AND APPROVED ON SECOND READING, this ~~y of LJ~ , 19 I"~ Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: &Q Q.; L I ~ ~ -tnl '> Mayor Attest: (Seal) ~~ Ity Secr;tary r Reviewed: ~j~, City Attorney -'~--"r"O"~'~'~~I~~""~c,'---r'~"" -, -- 'C'T'1f',,! ; "1.L~- ---- ---- '" 'lil'll'iill[Ij Exhibit A (all new text) Sec. 11.015. Placing garbage or trash in street area. (a) When placement is prohibited. It shall be unlawful for any person to place garbage or trash in a street area as follows: Type of garbage or trash Time when placement is prohibited Eligible For City Collection: Either: (1) before noon on the day Garbage or trash that is: (1) from a before a scheduled City collection day, dwelling, (2) placed in the adjacent for that dwelling, or (2) after the actual street area and (3) bagged, bundled time of collection for that dwelling. and prepared as required for City collection. Other Garbage Or Trash: All other At any time sooner than 12 hours bagged, bundled or stacked garbage before the time the garbage. or trash is or trash. hauled away. (b) Responsibility of owner, etc. When prohibited garbage or trash is found in a street area, it shall be the duty of each person who owns or controls adjacent premises to remove it, if the person knows that the garbage or trash is present. In this subsection, "prohibited garbage or trash" means garbage or trash prohibited to be placed in the street area by subsection (a). It is an affirmative defense to prosecutions under this subsection that the garbage or trash: (i) did not originate on the adjacent premises and (ii) was placed in the street area without the consent of anyone who owns or controls the adjacent premises. (c) Affirmative defenses. The following are affirmative defenses to prosecutions under this section: (1) Because of hurricane or other calamity, it is not practicable to remove the garbage or trash or to store it somewhere else. (2) The time and manner of placement of the garbage or trash is specifically directed by an authorized representative of the City. (3) There is a permit in effect for a major development or major remodeling of the affected premises, and the premises are in rull compliance with applicable regulations for work site conditions and clean- up (see, e.g., Section 6.407 of this Code). b31:\54ogarbgl I L-- ---'rF'-~~~C1'-.-.--r.."... ,'C - - -"'''Tr''1 ,'lim" ':::":iii:ilTmm