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HomeMy Public PortalAboutOrdinance No. 583-88 08-08-1988 • ORDINANCE NO. 5 8 3 AN ORDINANCE AMENDING SUBSECTION "C", "DUTIES AND OBLIGATIONS OF COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMERS" OF SECTION 5, "GARBAGE COLLECTION" OF CHAPTER 6, "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS HERETOFORE AMENDED BY ORDINANCE NO. 579; ADDING A REQUIREMENT OF ENCLOSURES FOR COMMERCIAL GARBAGE AND REFUSE CONTAINERS; ESTABLISHING A TIl1Z£ LIlVIIT FOR COMPLIANCE; ESTABLISHING PENALTIES OF UP TO $2,000.00 PER DAY FOR NONCOMPLIANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, commercial garbage and refuse containers tend to create health and sanitation problems due to the excessive accumulations of garbage and debris surpassing container capacity; and WHEREAS, unconfined, this garbage and debris is scattered by wind, people, • and/or animals, thereby creating a nuisance and health hazard that deprives citizens of their right to an environment free of garbage, debris, and litter; and WHEREAS, the City Council of the City of Richland Hills, Texas, has determined that the general health, safety and welfare of the citizens of Richland Hills would be best served by passage of an ordinance requiring enclosure of commercial garbage containers; NOW, THEREFORE, BE IT ORDAINED BY THE CrTY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That SUBSECTION "C", "DUTIES AND OBLIGATIONS OF COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL CUSTOMERS" of SECTION 5, "GARBAGE COLLECTION" of CHAPTER 6, "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, Texas, as heretofore amended by Ordinance No. 579, be hereby amended by the addition of the following sub-paragraphs (6) and (7) thereto, which shall hereafter be and read as follows: (6) (a) Each and every commercial Gusto ner utilizing commercial, permanent or disposable containers, except those of an industrial classification, shall provide an enclosure to contain all garbage and • ORDINANCE NO. 5 8 3 Page 1 • refuse. Such enclosure shall be encloses'. on three (3) sides of all such trash and garbage containers and shall extend to a height of two (2') feet above the top of any such containers. (b) Said enclosure shall consist of any solid material constructed of wood, brick, masonry, or of concrete or metal frame or base which supports a permanent type material, thy; vertical surface of which is not more than thirty (30%) per cent oper. , (c) Any and all existing commercial containers shall be brought into compliance with this ordinance on or before January 1, 1989. (7) Each and every commercial customer shall keep the area surrounding such commercial containers and their enclosure free of trash and debris. At no time shall trash, rubbish, and debris exceed the capacity of the container(s). II. PENALTY CLAUSE. Any person, firm or corpo•: ation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than Twenty-five ($25.00) Dollars, nor more than Two Thousand ($2,000.00) Dollars for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. • III. SAVING CLAUSE. That Chapter 3 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. rv. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentencesy clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such inv 3lidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. EFFECTIVE DATE. This ordinance shall be in fulY force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. • ORDINANCE NO. 5 $ 3 Page 2 i PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the ~ day of August 1988; by a vote of 3 ayes, ~ nays ands abstentions. APPROVED: ~ l' - _ W. H. (Bill) Vincent, Jr., Mayor ATx T: auline Kempe, City Secr tary PRO AS TO FORM: P ul F. Wie skie, City ttorney • 0099a/dd/81688 • ORDINANCE NO. 5 $ 3 Page 3