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
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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
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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.
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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
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