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
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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.
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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
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