HomeMy WebLinkAboutOrd 900-2021 Amending Code Article 12.05 Section 12.05.011 Solid Waste CollectionCITY OF ANNA, TEXAS
ORDINANCE NO. AOL) �(Q I
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING ARTICLE 12.05, SECTION 12.05.011 REGARDING SOLID
WASTE COLLECTION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT
ALLOWED BY LAW, WHICHEVER IS LESS; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the collection and disposal of solid waste; and
WHEREAS, the City Council of the City of Anna ("City Council") has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend Section
12.05.011 (Contract or franchise required for collection or transport of waste) of Article 12.05
(Solid Waste) of The Anna City Code of Ordinances ("Anna Code") by providing a limited
exception to certain solid waste collection contract requirements and related matters;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT.
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna Code, the following amendments are made to Section
12.05.011 (Contract or franchise required for collection or transport %J waste) of Article 12.05
(Solid Waste):
ARTICLE 12.05 SOLID WASTE
Ll
Sec. 12.05.011 Contract or franchise required for collection or
transport of waste
(a) No person shall collect, remove, or dispose of garbage containers or trash
receptacles or transport construction debris, garbage or trash on the streets, alleys,
or public thoroughfares of the city except duly authorized agents or employees of the
city and persons acting pursuant to a contract with the city for public collection and
disposal of garbage and trash, except as provided in this article. No person shall
obtain the services described in this section except from duly authorized agents or
employees of the city and persons acting pursuant to a contract with the city for public
collection and disposal of construction debris, garbage, and trash. This section shall
CITY OF ANNA, TEXAS ORDINANCE NO. �
not apply to the transportation of garbage, trash, or brush from outside the city to a
disposal site outside the city.
(b) All trucks and containers used for the collection Cl"d transportation of garbage
and trash shall be clearly marked with the owner's name and telephone number in
letters and figures not less than two inches high.
(c) Except as provided by subsection (d), all contractors performing work in the city
who have been issued a building permit from the city shall contract with the city's
authorized solid waste provider for the placement and transport of a roll -off dumpster
or vertical dumpster for disposal of all trash, construction debris, and garbage from
the construction site.
(-s) � Notwithstanding anything in this article to the contrary, Including without
limitation Sec. 12.05.007, individuals desiring to GGGasienally remove large stems
construction debris/materials trern accumulated on their own
residential premises from renovation or repair work may contract with the eity's
contractor performing such work to collect and remove such debris/materials er etheK
provided that:
,(1) the individual maintains regular service from the city's contractors
(2) the container used for collection and hauling of the debris is
limited to a container permanently attached to a motorized vehicle utilized as a part of
contracted home remodeling or repair; and
(3) the motorized collection vehicle is on the premises for no more
than 24 hours.
(Ordinance 274-2006 adopted 6/27/06; Ordinance 476-2009 adopted 11/10/09; 2008
IF* II, art. 49, sec. 6a Ordinance ,adopted 4/13/2021)
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
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force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 13th day of April 2021.
ATTESTED: `,,V d%ir�,{�PROVED:
rrie L. Land, City Secretary
Nate Fake, Mayor
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