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HomeMy WebLinkAboutOrd 259-2006 Amending Ord No. 112-2003 Solid Waste.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 259-2006 AN ORDINANCE AMENDING ORDINANCE NO. 112-2003; REMOVING AND ADDING LANGUAGE RELEVANT TO SOLID WASTE AND CONSTRUCTION DEBRIS REMOVAL REGULATIONS; INCREASING THE PENALTY FOR VIOLATIONS NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR VIOLATION OF THIS ORDINANCE; PROVIDING A REPEALER PROVISION; PROVIDING A SEVERANCE PROVISION; AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Within this Ordinance, amendments to City of Anna Ordinance No. 112-2003 include deletions indicated by lined -over text (e.g., te)t) and additions indicated by underlined text (e.g., underlined). Section 2. Section 88 of Ordinance No. 112-2003 is hereby amended as follows: Section 88. Sanitation Collection Service Required. Every person owning, managing, operating, leasing, er renting 2 building an any premises or any place where debris (including but not limited to construction debris), garbage or rubbish accumulates shall subscribe to a sanitation collection service as provided for in this ordinance. It is unlawful for any person to dispose of or disburse any garbage or trash in any place other than the designated sites. It is unlawful for anyone to deposit or dump garbage or trash upon any drain, gutter, alley, sidewalk, parkway, street, or vacant lot except in receptacles as outlined. Section 3. Section 89 of Ordinance No. 112-2003 is hereby amended as follows: Section 89. Container Required. It shall be the duty of every person subscribing to the sanitation collection service to provide a container or containers for garbage and refuse, sufficient in size and number to accommodate and securely keep all garbage and refuse that may accumulate between collections. Garbage containers shall have a capacity of not more than thirty (30) gallons and the receptacles and contents cannot exceed fifty (50) pounds. Garbage containers shall be watertight and constructed of a light weight Ord No. 2592008 Amending Ord 112-2003 Page 1 of 4 0314-08 solid and durable grade of metal, plastic, or paper material. Tree limbs, shrubs and yard cuttings cannot exceed four feet (4') in length, six inches (6°) in diameter and must be tied securely in bundles weighting-wei thing less than fifty (50) pounds. This section is not applicable to commercial accounts that are provided with a commercial container including construction debris bins, dumpsters or roll off containers. Section 4. Section 94 of Ordinance No. 112-2003 is hereby amended as follows: Section 94. Unauthorized Private Collections Prohibited. It shall be unlawful for any person to transport construction debris garbage or refuse for hire which has been collected from any premises within the city over any public street within the city. This section shall not appy to any person or company who at the time of such activity is operating under a valid contract or franchise granted by the city which authorizes such person to use the public streets to conduct such activity. Section 5. Section 96 of Ordinance No. 112-2003 is hereby amended as follows: Section 96. Rules, Regulations, and Prohibited Acts. Rules and regulations negotiated between the contractor and/or franchisee providing sanitation collection service and the city shall be followed by each subscriber to the service. Persons that do not follow these rules and regulations or commit any prohibited act in the rules and regulations may have their utility services terminated and may be cited and fined. Unusual amounts of garbage and trash accumulated from packing houses, poultry killing plants, wholesale fruit and vegetable houses and other such establishments must remove the trash daily at their own expense or contract with the franchise operator. Accumulations such as building construction debris, automobile parts, and large dead trees must gnly be disposed of at the expense a by the City's franchise contractor. It is unlawful to leave out any ice box, refrigerator, freezer or any other container with self-locking door or lid unless the mechanism is Ord No. 259-2006 Amending Ord 112-2003 Page 2 of 4 031406 altered so that the door or lid can be opened from the inside or by completely removing the door or lid. The United States EPA prohibits the disposal of "white goods" containing Freon without a certificate of removal from a licensed technician. This includes such items as refrigerators, freezers, and air conditioners. Manure from cow lots, horse stables, poultry yards and waste oils from garages and filling stations must be disposed of by the owner. Section S. Section 98 of Ordinance No. 112-2003 is hereby amended as follows: Section 98. Contract and/or Franchise for Private Collection Required; Exception. (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 duty 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 section. No person shall debris. Garbage and trash. This section shall 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 and 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 (2) inches high. (c) Individuals desiring to occasionally remove brush, debris, or trash from their own residence or business may do so if they have regular service from the city's contractor. Section 7. Repealer All parts of any ordinance in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Ord No. 2594008 !unending Ord 112-2003 Page 3 of 4 03-14-08 Section & Penalties A person commits an offense if the person violates any part of this Ordinance. An offense of this Ordinance is a Class C misdemeanor. Any person convicted of violating this Ordinance shall be fined in an amount not to exceed $2,000 for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. Section 9. Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 10. Effective Date This Ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, by the following votes on this the 14th day of March , 2006. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: .ta0y„ Nat4p Wilkison Mayor, Kenneth Pelham O F "'.. i tidy ... Ord No. 25&2006 Amending Ord 112-2003 Page 4 M 4 03-14-06