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HomeMy WebLinkAboutO-1980-1188 . . -- . . e ORDINANCE NO. 1188 AN ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH, II OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A REPEAL- ING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($ 200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section I. Section 12-2 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 12-2. Container specifications. The owner, occupant, tenant, and lessees of each dwelling unit designed for occupancy by one, two or three families shall place household waste to be collected by the City, in plastic bags provided by the City, or paper bags manufactured for the specific use of holding household waste for disposal, or bags recommended by manufacturers of residential com- pactors. Household garbage shall not be placed in cans, boxes, grocery sacks or any other container except those described above and approved by the City for the collection of household garbage. A supply of plastic bags will be furnished to each dwell ing at City expense. Additional -- bags may be purchased at City Hall, each Fire Station and the Public Works Department Office. Plastic bags purchased from the City may be purchased by the roll only. Bags will be sold to residents of La Porte only. The price shall be the City's cost, plus fifteen per cent (15%). Bags must be purchased by an adult, and a current water bill, stub, or proof of residence must be shown in order to purchase said bags. The price of said bags may be paid in cash at City Hall, only, or will be charged to pur- chaser's water bill and collected at the due date and shall be considered a part of the purchaser's water bill." e e e e . . Ordinance No. ll88 , Page 2. Section 2. Section 12.3 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 12-3. Time of placement for collection. Disposable refuse bags shall not be placed for collec- tion, as provided in Sec. 12-7, earlier than 5:00 A.M. on the day of collection." Section 3. Section 12.4 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, t9-wi t : "Sec. 12-4. Maintenance of disposable refuse bags. Disposable refuse bags shall be kept in sanitary condition and closed tightly by tying. The contents of all disposa- ble refuse bags shall be so protected that the wind and animals cannot scatter the same when placed for collection." Section 4. Section 12.5 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 12-5. Meddling with, pilfering from, etc., disposable refuse bags. It shall be unlawful for any person to meddle with any disposable refuse bags or in any way pilfer from the same or scatter the contents thereof within the city limits." Section 5. Section 12.7 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: "Sec. 12-7. Placement for collection. Disposable refuse bags of garbage and trash, and rubbish and tree limbs, shall be placed at the curbside of the street, in ~ e . Ordinance No. 1188 , Page 3. front of the property, so as to be readily accessible to the City garbage vehicles. Where there is no curb, the City will designate the location." Section 6. Section 12.9 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: e "Sec. 12-9. Collection of construction debris. The City Sanitation Department will collect and dis- pose of construction debris for residents of La Porte at their residence. The City will not collect and dispose of construction debris for contractors or developers. Customers desiring the removal of construction debris shall contact the City Sanitation Department, which will have a supervisor contact the customer, examine the debris to be removed, and advise the customer of the cost for removing same. The cost shall be based on the City's actual cost of removal. The customer will be requested to sign an authorization to the City to remove the debris, which authorization shall state the cost to be billed to the customer." e Section 7. Section 12-23 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wit: e "Sec. 12-23. When required. (a) Public, business and commercial institutions and establishments shall use the City's sanitation con- tainer system service for the removal of garbage and trash under the rates and rules set forth in this chapter. .. e e e e . . Ordinance No. ll88 , Page 4. (b) Apartment projects containing four (4) or more units; and mobile home parks, shall use the City's sanita- tion container system service for the removal of garbage and trash under the rates and rules set forth in this chapter." Section 8. Section 12-41 of the Code of Ordinances of the City of La Porte is hereby amended, to hereafter read as follows, to-wi t: "Sec. 12-41. Rates prescribed--For residences. (a) There shall be charged, assessed and collected, for garbage, trash and rubbish collection by the City from residential dwelling units, which term shall be construed to include duplex units, individual apartment units, and individual mobile homes at mobile home parks, the sum of three dollars and fifty cents ($3.50) per unit per month. (b) Such monthly charge on every residential dwell- ing unit, be it single-family dwelling, duplex, apartment or mobile home, shall prevail, rather than the charges provided in this article for the City' s sanitation con- tainer system service, whether or not the individual duplex, apartment, or mobile home space is occupied." Section 9. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commission to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. - e e e . . Ordinance No. ll88 , Page 5. Section 10. All ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of such con- flict onlyo Section II. Any person, as def ined in Section 1.07 (27) , Texas Penal Code, who shall violate any provision of the ordi- nance, shall be deemed guilty of a misdemeanor and upon convic- .. tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 12. The City Commission officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 13. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. - ~ Ordinance No. 1188 . , Page 6. PASSED AND APPROVED this the 20th day of February, 1980. 4It ATTEST: ~~ e e At;;;. -aJ d C~ty Attorney CITY OF LA PORTE 8"f ~ - J. J. Meza, Mayor '