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HomeMy WebLinkAbout90-2848GARBAGE & TRASH - CARDBOARD, SCAVENGING ORDINANCE NO. 90-2848 AN ORDINANCE AMENDING CHAPTER 12, GARBAGE & TRASH, OF THE CITY OF PLAINVIEW CITY CODE ESTABLISHING THE COLLECTION OF CARDBOARD FOR RECYCLING; DEFINING SCAVENGING; PROHIBITING SCAVENGING; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE AND FOR PUBLICATION AS PROVIDED BY LAW. WHEREA~, the Texas Department of Health encourages the recycling of materials found in the solid waste stream; and WHEREAS, there currently exists a means of collecting and recycling cardboard which is being placed in the solid waste collection system of the City of Plainview; and W~R. REAS, The Department of Health prohibits uncontrolled scavenging of materials found in' the City's solid waste management system; and WHEREAS, there exists a need to eliminate the scavenging of materials by individuals from said waste collection Containers and other parts of the solid waste management system of the City of Plainview. NOW, THEREFORE, be it ordained by the City of Plainview, Texas that: SECTION 1: That Chapter 12 of the Code of Ordinances of the City of Plainview, Texas, is hereby amended by adding the following to Article I. IN GENERAL: Section 12-6. Definition of "scavenging" The word "scavenging" as used in this Article I is defined as the uncontrolled and unauthorized removal of material at any point in the solid waste management system but shall not mean the searching for and retrieval of articles and/or items of value inadvertently placed in the waste stream by rate paying customers. Section 12-7. Scavenging Unlawful It shall be unlawful for any person to scavenge within any part of the solid waste management system of the City of Plainview. Section 12-8 to 12-14 Reserved Section 12-15. Violations, Penalty The violation of any provision of this article shall be deemed a misdemeanor punishable by a fine not to exceed the provisions of Section 1-5 of this Code. 1 of 2 SECTION 2: That Chapter 12 of the Code of Ordinances of the City of Plainview, Texas, is hereby amended by adding the following to Article III. Regulated Special and Solid Wastes: Section 12-43. Collection of Cardboard for Recycling The City of Plainview may provide to commercial customers, at the discretion of the Sanitation Superintendent, an extra refuse container for the separation and collection of recyclable cardboard. Said extra container may be set and charged for at a lesser rate than normal, but said lesser rate shall be not less than ninety percent (90%) of the customary rate for the customer's usual service. The City of Plainview may discontinue the separate cardboard collection program at any time and without notice, at which time the service rates shall be readjusted to the customary service rates for the service provided. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective December 1, 1990. SECTION 4. SEVERABILITY. If any section, subSection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5. PUBLICATION. The City Secretary is authorized to publish this ordinance in accordance with the law. PASSED AND APPROVED on this the 13th day of November, 1990. E. V. Ridlehuber, Mayor ATTEST: Carla Reese, ~ity Secreta~ ~ ~ APPROVED AS TO CONTENT: Wm. R. Hogge, DireCtor of Public Works APPROVED AS TO FORM: D. Blackburn, City Attorney 2 of 2 GARBAGE & TRASH - CARDBOARD, SCAVENGING ORDINANCE NO. 90-2848 WHEREAS, the City Council of the City of Plainview did on November 13, 1990, at a regular session of said City CoUncil pass and adopt Ordinance No. 90-2848. The descriptive caption and penalties of said Ordinance are as follows: AN ORDINANCE AMENDING CHAPTER 12, GARBAGE & TRASH, OF THE CITY OF PLAINVIEW CITY CODE ESTABLISHING THE COLLECTION OF CARDBOARD FOR RECYCLING; DEFINING SCAVENGING; PROHIBITING SCAVENGING; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE AND FOR PUBLICATION AS PROVIDED BY LAW. PENALTIES AND ENFORCEMENT The violation of any provision of this article shall be deemed a misdemeanor punishable by a fine not to exceed the provisions of Section 1-5 of this Code. Passed and Approved this 13th day of November, 1990. E.V. Ridlehuber, Mayor ATTEST: Pam Kennedy, Deput~ City Secretary