Hawk Cove:Ord 2011-04

Codification Notes:

Ord. No.	Adopted	Codified	Status
2011-04	Aug 11, 2011	TITLE 6	ACTIVE

ORDINANCE NO. 2011-04

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, SETTING FORTH RATES AND REGULATING THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTES IN THE CITY OF HAWK COVE, TEXAS; AND AN AMENDMENT TO ORDINANCE NO. 100-8.

WHEREAS, the citizens of the City of Hawk Cove creates and accumulated solid waste; and

WHEREAS, the collection and disposal of solid waste may affect the health and welfare of citizens and the public in general; and

WHEREAS, the Town council shall set forth regulations and rates for the collection and disposal of solid wastes,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS.

Section 1. Application.

This ordinance shall apply to all territory embraced within the city limits of the City of Hawk Cove.

Section 2. Definitions.

Definitions as used in this ordinance shall mean as follows:

A. "Construction Debris" means waste building materials resulting from construction, remodeling, repair, or demolition operations on existing residential units only which do not require city building permits to do work.

B. "Customer" means an occupant of a residential or commercial Establishment or unit.

C. "Contractor" means the company with which the city has contracted to Collect, haul, or dispose of solid wastes.

D. "Recyclable Materials" means material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, paper, newspaper, magazines, telephone books, corrugated cardboard, plastic bottles (1's and 2's), chipboard (cereal/cracker boxes), glass, junk mail, tin/metal cans, and aluminum cans.

E. "Solid Waste" means all putrescible and nonputrescible solid waste including, but not limited to, garbage, rubbish, ashes, yard wastes, demolition and construction debris, and recyclable materials.

F. "City" means the City of Hawk Cove, Texas, a municipal corporation of Hunt County, Texas.

Section 3. Mandatory Solid Waste Service

It shall be mandatory within the city limits of the City of Hawk Cove that every Occupied residential and commercial establishment unit shall subscribe to the City for collection, removal, and disposal of solid waste.

Section 4. Removal by Other than City Contractor

It shall be unlawful for any person to engage in the business of collecting and disposing of solid waste within the City, except such person, firm, or corporation to whom such contract has been awarded by the City.

Section 5. Garbage Containers

A. Every person, occupying any premises within the City shall have containers equipped with close-fitting covers, sufficient to contain all garbage produced and accumulated upon the premises and to keep therein, all such garbage and matter until it is removed by the contractor. Trash bags are permitted only if put out the day of pick up.

Section 6. Piling and Scattering Refuse Prohibited

It is unlawful for any person to throw, place, or scatter any solid waste, over or upon any street, alley, or property in the City except for purposes of removal by the contractor.

Section 7. Improper Disposal in Another's Container

It is unlawful to deposit any solid waste in a solid waste container owed or maintained on the premises of another without permission of said owner.

Section 8. Name Appearing On Waste Material – Presumption

Whenever solid waste dumped in violation of Section 6 or Section 7 above contains three or more items bearing the name of one person, there shall be a refutable presumption that the person whose name appears on such items committed the unlawful dumping.

Section 9. Level of Service

The City shall establish the disposal of solid waste, by contractor will be every Friday.

Section 10. Rates

Solid waste charges that are set at $14.50 will be billed on a customer's bill and will be subject to the same billing procedures as sewer billings.

Section 11. Penalty

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than two thousand dollars ($2,000.00). Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.

Section 12. Severability

It is hereby declared to be the intention of the City Council that if any of the sections, paragraphs, sentences, clauses, and phrases of the Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation of this Ordinance of unconstitutional or invalid phrases, clauses, sentences, paragraphs, or sections.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF AUGUST 2011.