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;
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(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.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: M) a
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