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HomeMy WebLinkAboutOrd 339 Regulating the disposal of trash TOWN OF WESTLAKE, TEXAS ORDINANCE NO. 339 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, REGULATING THE DISPOSAL OF TRASH (AS DEFINED IN THE ORDINANCE); PROVIDING DEFINITIONS; PROHIBITING THE DEPOSIT OF TRASH ONTO PUBLIC AND PRIVATE AREAS WITHIN THE TOWN; REQUIRING THAT CONSTRUCTION TRASH BE REMOVED AT THE OWNER'S EXPENSE; REQUIRING PERSONS OCCUPYING A RESIDENCE AND PERSONS OWNING, OPERATING OR OCCUPYING ANY PUBLIC, COMMERCIAL, INDUSTRIAL OR OTHER BUSINESS ESTABLISHMENT TO PROVIDE TRASH BAGS OR MECHANICAL TRASH CONTAINERS FOR DISPOSAL OF TRASH; REQUIRING THAT TRASH BAGS OR MECHANICAL TRASH CONTAINERS BE CLOSED OR COVERED; DECLARING A NUISANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00); PROVIDING THAT A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, (the "Town") is empowered pursuant to the Texas Local Government Code, to enact ordinances for the peace, order, health, safety and welfare of the Town; and WHEREAS, the Board of Aldermen hereby finds that there has been improper dumping and disposal of garbage, trash and other refuse within the Town; and WHEREAS, the Board of Aldermen finds that the regulation of the disposal and transportation of trash, refuse and garbage within the Town is in the best interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: Incorporation. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2: Definitions. The following terms shall have the respective meanings ascribed to them: A. "Trash" means all garbage,refuse, rubbish, waste,junk, debris, rubble, ruins, scrap, leavings, remnants, residue, spoil and litter. B. "Trash bag"means a plastic bag or sack container that is designed and sold for the purpose of placing trash in it for disposal. C. "Person" means any person, corporation, partnership, sole proprietor, association, agency, contractor, subcontractor or business entity. SECTION 3: A person occupying a residence in the Town must not put any trash bag out for pickup or store any trash bag or bags in a place or manner so as to be openly visible from the street prior to 6:00 p.m. on the day before a pick-up day. As used herein, "pick-up day" means a day scheduled by the Town for pick-up of trash bags for a portion of the Town that includes the residence, public, commercial, industrial, or other business establishment in question, as published by the Town in the official Town newspaper. SECTION 4: Throwing of trash into public places is prohibited. It shall be unlawful for any person to throw, deposit or scatter any trash into or onto any public highway, street, alley, sidewalk or other public place or property within the Town. SECTION 5: Depositing trash on private property is prohibited. It shall be unlawful for any person to throw or deposit into or onto or allow any trash to remain on any private property. SECTION 6: Trash from building construction. Trash resulting from construction of any structure within.the Town, including but not limited to buildings of any type, or remodeling of any structure, shall be removed promptly at the expense of the owner of the property upon which the construction took place. All construction or building site dumpsters must be provided by the Town's franchised waste collector. SECTION 7: Trash cans and receptacles. A. It shall be the mandatory duty of every person occupying a residence to place or cause to be placed in trash bags, and of every owner, agent, lessee, occupant or person in charge of any public, commercial, business or industrial establishment in the Town to place or cause to be placed in trash bags or mechanical trash containers, all trash that accumulates upon their premises; provided, however that it shall be the mandatory duty of any person owning or having control over any property where construction requiring a building permit is taking place and where the construction is being performed in relation to a residential structure, garage, swimming pool, or building to be used for commercial, industrial or business purposes,prior to the start of construction, to place upon the property a dumpster, provided by the Town's franchised waste collector, for purposes of depositing rock, waste, concrete, wood, earth, dirt, scrap building materials or other trash generated by the construction work therein. The dumpster must be placed,where possible, so as to be screened from public view and must be removed from the building site immediately upon the completion of construction. Except where the prior permission of the owner or person in control of a dumpster has been secured, 2 it shall be an offense for any person to place or deposit or cause to be placed or deposited any trash into any dumpster required by this subsection when the dumpster is not under that person's ownership or control; provided, however, that it shall be presumed that a person who is not the owner of or does not have control over a dumpster and who deposits any trash into the dumpster did not have permission of the owner or person in control of the dumpster to mare the deposit. B. Trash bags at all times must be kept secure and closed so that flies and other insects may not have access to the contents thereof, and must remain closed except while the trash bag is being filled. The doors or covers of all mechanical trash containers must at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the doors or covers must not be opened except while the containers are being filled or emptied. C. It shall be the duty of each person to keep and maintain any receptacle for trash in such a manner that it shall not become or constitute a public nuisance. D. All animal matter that is subject to decomposition shall be well wrapped in paper or other combustible material before being deposited in a trash receptacle. SECTION S: Nuisance. Whatever is dangerous to human life or health, or whatever renders the ground, water, air or food a hazard or is likely to cause injury to human life or health, or that is offensive to the senses or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance. The specific acts, conditions and things prohibited in this ordinance are, among others, each hereby declared to be nuisances and against the general health, safety and welfare and are hereby made unlawful.. SECTION 9: Composting. Notwithstanding any provision in this ordinance to the contrary, composting within the guidelines established by the State of Texas, is allowed so long as a nuisance is not created as defined in Section 7. SECTION 10: Savings; Repealer_ This ordinance shall be cumulative of all other ordinances of the Town affecting trash and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 11: Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance; and the Board of Aldermen d hereby declares it would have passed the remaining portions of this ordinance despite the invalidity, and the remaining portions shall remain in effect. 3 SECTION 11: Violation; Penalty. It shall be unlawful for any person to violate any provision of this ordinance, and any person violating or failing to comply with any provisions of this ordinance shall be fined upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 12: Effective Date. This ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas on this the 13th day of December, 1999. Scott Bradley, Mayor ATTEST: GingeT Crosswy, Town SecrojTy APPROVED AS TO FORM: Li t Lo y, own Attorney 4 PUBLISHER'S AFFIDAVIT I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 339 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were December 21, 1999. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § COUNTY OF TARRANT § SWORN TO AND SUBSCRIBED BEFORE ME BY Pam Nolte this S ° day of January, 2000, to certify which witness my hand and seal of office. . C Notary Public, State of Texas Printed Name of Notary My commission expires 1% ' sue g v LOA CRAY �� !g0TAW PUBUG of 7 � Case:.Exp.04J2712402 6-4-NE—OMA mechanic 1 for dispos l that trash trash con! covered; sance; pi clause; pr z R tai or other I' lishment to bags or i containers t nuk wings ?rabili- mat a separa ;e :hall be deemed clause;, MY o of not le. INVITATION TO BID ($1.00) d LDING thousand THE providing offense 'nceS committed >ils on which i Dec. continues FPl IAfiAn CHnrfiio rl z R tai or other I' lishment to bags or i containers t nuk wings ?rabili- mat a separa ;e :hall be deemed . Early each day during or INVITATION TO BID Santa sti violation occurs or deadline THE and providing an landed a ate. for the ago. Sant ' 1119K Dec. dren fro>r JK 11 N p pq PU LIC I ECONOMIC D CORPORATh TROPHY CI NOTIC $ 1 The Town of en Public Relation ner requests $15.01 of all rights, title and interest, and their consent to transfer ocker, blond, yes. Lost on the vehicle to seller. Fossil Creek 1991 Kawasaki Motorcycle 2147793 - Model KDX -200. y VIN JKADXNE13LA011384 an American Airlines plane at Alliance Airport that ime time Dec. 14 the first Slane landed there 10 years ;. Maus and several elves delivered presents to 100 ehil- iarities the Alliance Development supports. INN BID NOTICE . Early UIENT N OF INVITATION TO BID AS The 'Keller Independent School District will receive bids and in deadline THE proposals She Purchasing Department, 304 RENT E HE 1 "a Lorine Street, Keller, Texas 76248 -0050 for The following items:' for the IDS. 30P- Modular Furnishings for Administration Building' 10:00 A.M. Dec. TAX- N OF January 6 2000 Classroom/Office Furnishings 10:00 A.M. uary, will ' January 13, 2000 ig of rent Two -Wheel Drive Extended Cab Vehicle '11 be m of the 11:00AM. January 27 2000 Wild - Tro- The bids and proposals will , for be opened and read at the ring for specified time. All bidders are welcome to attend. Specifica- tions and bid forms may be Dec. 23 obtained from the Business Office at the above address ttee 4th or by telephoning' (817) 337- 3215. ' at noon, riod pat Drive, Trophy Club, Texas, 76262, (817) 430 - 1911. JAMES L. BUXTON Director of Finance Town of Trophy Club, Texas