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