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HomeMy WebLinkAbout1998-299ORDINANCE NO 9f -,,'S99 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE, AMENDING SECTION 24-2 TO PROVIDE A DEFINITION FOR "BULKY ITEMS", AMENDING SECTION 24-5 TO PROHIBIT THE USE OF ANOTHERS SOLID WASTE CONTAINER WITHOUT CONSENT, AMENDING SECTION 24-6 TO PROVIDE STANDARDS FOR THE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE CONTAINER , PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 PER VIOLATION, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I. That Section 24-2 of the Code of Ordinances entitled "Definitions" shall be amended to add a definition for "bulky items" which shall read as follows Bulky items means any household item that will not fit inside a solid waste container when the lid on the solid waste container is closed Only items consistent with residential use, such as household furniture and appliances shall be considered bulky items SECTION II That Section 24-5(a) of the Code of Ordinances shall be amended to read as follows Sec. 24-5. Disposal of garbage, trash or rubbish only in authorized locations. (a) It shall be unlawful for any person to dispose of garbage, trash or rubbish in any place in the city, other than as provided in this chapter or authorized by the city No person shall place any solid waste in the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for solid waste collection service follows SECTION III. That Section 24-6 of the Code of Ordinances shall be amended to read as Sec 24-6. Receptacle for trash and rubbish. (a) Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate limits of the city for residential or commercial purposes shall provide and maintain suitable containers or receptacles of sufficient size and number to hold the garbage, trash and rubbish which accumulates on the premises (b) It shall be unlawful to place solid waste in, on, or near a solid waste container in a manner that does not allow the lid of the solid waste container to completely close with all the solid waste completely within the container It shall be a defense to prosecution under this section if the solid waste placed next to the container was a bulky item as defined in Section 24-2, and if the bulky item was placed next to the container less than forty-eight hours before the time designated for pick-up of bulky items (o) It shall be unlawful for any person who pays the charge for solid waste container service to allow bulky items to accumulate around the person's solid waste container for more than forty-eight hours (d) The first time subsection (a), (b), or (c) is violated by an individual or a business, the city may send out a written warning notifying the person who pays the solid waste charge that if the violations are repeated then the level of service may be automatically increased at the cost of such person If the individual or business violates subsection (a), (b) or (c) a second time within six months of the first violation, the city may send out certified mail notifying the person who pays the solid waste charge that if a violation occurs a third time, then the level of service will be automatically increased If the individual or business violates subsection (a), (b) or (c) a third time within six months of the first violation and if two warnings were sent to the person who pays the solid waste charge, the level of service may be automatically increased The written warnings and increased level of service are remedies in addition to any criminal prosecutions which may be brought under this ordinance (e) Except as otherwise provided in this chapter, plastic bags designed for garbage, trash and rubbish disposal that meet standard city specifications and having a capacity of not more than forty (40) gallons shall be used and placed on the curb or alley and suitably protected from animals and vermin All bags shall be securely tied or otherwise have all openings securely closed Paper bags designed for garbage disposal and possessing characteristics approved by the Director of Solid Waste as being equal to the plastic bags described in this subsection or otherwise specified by the city may be permitted when placed on the curbline or alley and properly protected Other containers or receptacles may be used where otherwise permitted under this chapter (f) The city shall furnish one hundred four (104) bags each year per individual family unit and may make available for sale additional bags to citizens of the city at locations designated by the city (g) The contents of trash or rubbish receptacles shall be secured so that neither the wind nor animals can scatter trash or rubbish over the premises or over the streets or alleys of the city SECTION IV. That Section 24-71 of the Code of Ordinances shall be added and shall read as follows Sec. 24-71. Disposing of recyclable materials. It shall be unlawful for a person to place any non -recyclable solid waste in any recycling receptacle or to leave any non -recyclable solid waste on a recycling site SECTION V, An individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500 00) SECTION VI, That this ordinance shall be cumulative of all other ordinances of the City of Denton shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance SECTION VII That if in any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION VIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the L5Aay of 1998 JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \sHARBD\D rLGL\Our Documents\Ord i ces\9%8 lid Waste Bulky Items.doc