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2009-081ORDINANCE NO. 2009- AN ORDINANCE ADDING A NEW SUBSECTION, SECTION 18-3, SECTION (b)(4) TO "AUTHORITY OF TRAFFIC ENGINEER" OF CHAPTER 18 "MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND AN ORDINANCE IN LIEU OF AND IN SUBSTITUTION FOR SECTION 24-43 "RESIDENTIAL COLLECTION SERVICE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVER-ABILITY CLAUSE; PROVIDING A PENALTY CAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 18-3 "Authority of Traffic Engineer" of the Code of Ordinances is hereby amended to add the following subsection, as follows: Sec. 18-3. Authority of Traffic Engineer. "(b)(4) Establish parking zones of such kind and character and at such places as he may deem advisable for solid waste containers, consistent with this chapter and other traffic ordinances of the city." SECTION 2. Chapter 24 "Solid Waste" of the Code of Ordinances is hereby amended by replacing and substituting the complete following Section in lieu of and in substitution of Section 24-43 "Residential Collection Service" which amended provision now reads as follows: Sec. 24-43. Residential collection services. (a) All single family residents within the city shall place their residential refuse and recyclables at the curb as specified by the General Manager of Solid Waste Services or designee. (b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00 p.m. on the day prior to the scheduled collection day. To ensure collection, residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection. (c) Customers whose refuse or recyclables were not collected because; they were not placed at the proper location, they contained unacceptable materials, or they were not placed out for collection by the required time, shall not be collected until the next regularly scheduled collection service. (d) Solid waste and recycling storage containers and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day. Upon removal from the curb, shall be stored in as inconspicuous a location as possible, such as: (1) In a garage; -1- (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a solid waste or recycling storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard, on the front porch, or in front of the main structure on the property, except as follows: (1) a townhome with five or more units per building. (e) All solid waste and recycling storage containers shall securely contain all contents, and shall be capable of being handled without spillage. Refuse and recyclables determined by the city to not be properly contained shall not be collected. (f) The General Manager of Solid Waste Services or designee may make reasonable exceptions to the foregoing location requirements, as needed, upon request of the customer, to accommodate unique circumstances. (Ord. No. 2005-256, § 1, 9-20-05; Ord. No. 2007-193, § 14, 9-18-07) SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances 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 invalidity. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty 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 %e day of 2009. Z ATTEST: JENNIFER WALTERS, CITY SECRETARY By: -2- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: M) a 0 -3-