HomeMy Public PortalAboutOrdinance No. 1347-18 04-23-2018ORDINANCE NO. 1347-18
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 66-58 `TIME OF PLACEMENT FOR
COLLECTION' OF ARTICLE II"COLLECTION' OF CHAPTER 66`SOLID
WASTE' TO SPECIFY THE APPROVED TIMES FOR PLACEMENT OF
BULK WASTE AT THE CURBSIDE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION
AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, Section 363.111 of the Texas Health and Safety Code authorizes a
municipality to adopt rules for regulating solid waste collection and Section 364.034 authorizes a
municipality to require the use of a designated solid waste collection service; and
WHEREAS, a home rule city may adopt reasonable guidelines in furtherance of such
authority, including the establishment of time parameters when garbage containers may be
placed for collection; and
WHEREAS, the City Council finds that this ordinance is in the best interests of the
citizens of the City of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS;
SECTION 1
Article II "Collection" of Chapter 66 "Solid Waste" is hereby amended by amending
Section 66-58 entitled "Time of Placement for Collection" to read as follows:
"Sec. 66-58. -Time of placement for collection.
All containers of refuse, rubbish, trash, brush, tied bundles of brush, yard waste and
recyclable materials for regular pickup that are required to be located at the curbside shall be
placed at the prescribed curbside locations no earlier than 5:00 p.m. on the day prior to the
scheduled collection day and not later than 7:00 a.m. on the scheduled collection date if such
refuse, rubbish, trash, brush, tied bundles of brush, yard waste and recyclable materials are to be
picked up by contractor. Empty containers shall be placed out of view from public right-of-way
by 11:59 p.m. on the day that collection is scheduled to occur. Items placed out for quarterly bulk
pickup may be placed at the prescribed curbside location no earlier than the Saturday preceding
the week before bulk pickup is to begin (nine days) and not later than 7:00 a.m. the scheduled
day that bulk pickup begins."
SECTION 2
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of the
is ordinance are in direct conflict with the provisions of such ordinances and such Code are
hereby repealed.
SECTION 3
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be
fined no more than Two Thousand Dollars ($2,000.00) for all other violations of this Ordinance.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6
PUBLICATION
The City Secretary of the City of Richland Hills is hereby directed to publish this
ordinance or caption to the extent required by law.
SECTION 7
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 23rd DAY OF APRIL, 2018.
THE HONORABLE M Y BILL AGAN
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APPROVED AS TO FORM AND LEGALITY: