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Home My WebLink AboutOrdinance 3053ORDINANCE NO. 3053 AN ORDINANCE AMENDING SECTION 66-3(4) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REQUIRING THAT ALL TRASH AND TRASH RECEPTACLES BE PLACED OUT OF PUBLIC VIEW EXCEPT WHEN ALLOWED TO BE PLACED FOR PICKUP; PROVIDING A CUMULATIVE CLAUSE PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and its home rule charter; and WHEREAS, city staff has recommended that the city's ordinances be amended to require that trash and containers for garbage, trash, and recycling be stored out of public view except when such are allowed to be placed for pickup and the City Council finds that such a measure would preserve property values and promote public welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 66-3 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 66-3. Residential collection; conditions and container placement. Solid waste, trash and recyclable materials shall be placed as follows: (1) All solid waste shall be placed in either securely closed disposable or permanent containers as defined herein. (2) Containers shall be placed either at the curbside on the street bearing the customer's address, or as required for elective carryout service, if the customer has agreed to pay for this service. (3) Trash, excluding wet materials or material which will cause disagreeable smells, shall be placed at curbside on the street bearing the customer's address in disposable containers in such a manner as to prevent such trash from being scattered. Ordinance No. 3053 Page 1 of 3 (4) Solid waste and trash shall not be placed at curbside more than 12 hours prior to the day of pickup. All containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled collection, if they are to be picked up, or alternate day if the scheduled pickup day falls on a holiday. Containers shall be removed from the curbside before the day following scheduled collection, or alternate day if the scheduled pickup day falls on a holiday. Trash, solid waste containers and recycling containers shall be stored out of public view except during the times allowed to be placed for collection as provided by this Section. (5) All garbage or trash mixed with water or other liquids shall be drained before being placed into a garbage or trash container. (6) No recycling container should be so loaded as to weigh more than 50 pounds. (7) Recyclable materials containing water or other liquids should be drained before being placed in a recycling container. (8) Recycling containers should be placed at curbside before 7:00 a.m. on the day scheduled for recycling pickup prior to the time therefore. (9) Recycling containers shall not be placed at curbside more than 12 hours before the scheduled recycling collection day or alternate day if the scheduled pickup day falls on a holiday. (10) Recycling containers shall be placed and maintained so that their contents are not scattered by wind." Section 2. Cumulative. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of North Richland Hills, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances or the Code, in which event the terms of this ordinance shall prevail over the conflicting provisions of other ordinances, but such other ordinances shall be deemed to be repealed only to the extent of such conflict and shall otherwise continue in full force and effect. Section 3. Severability. 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, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Ordinance No. 3053 Page 2 of 3 Section 4. Penalty. 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 not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 5. Publication. The city secretary is directed to publish this ordinance, or its caption and penalty clause, in the official city newspaper as required by law. Section 6. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as required by law, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of June, 2009. ,. ,~ f,.X ,~~yo ~O rj' h ti.~y, ~_ ^/ t .-~ ~P~EST: h ~~ CITY RT HLAND HILLS By: scar evi o, ayor Patricia"~'~~~on, City Secretary APP S TO FORM AND LEGALITY: George A. tap es, City Attorney APPROVED AS TO CONTENT: JgAnh Stout, Director of Neighborhood Services Ordinance No. 3053 Page 3 of 3 INVOICE Preview Star- Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 305327521 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 6/26/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 6/30/2009 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 30532752 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn STACEY HARRISON Publication Dates: 6/25/2009 6/26/2009 . cl o CITY OF NORTH RI ORDINANCE NO. I3580 1 54 54 LINE $0.36 $38.88 3053 An ordinance amend - In Section 66 -30) Sales Discount o the North Richland Hills Code of Ordi- ($5.00) nances; requiring that all trash and Mise Fee trash receptacles be placed out of public $5,00 view except when allowed to be placed for pickup; providing a cumulative clause providing for sever- ability; providin a penalty providing $38.88 for publication; and Net Amount establishing an ef- fective date. Penalty. Any person, firm, or corporation who violates, dis- obeys, omits, ne- glects, or refuses to .comply with or who resists the enforce- . ment of any of the provisions of this ordmance shall be fined not more than g500 for each of- fens e. Each day that a violation is per- mitted to exist shall THE STATE OF TE constitute a sepa- rate offense. County of Tarrant Passed and Approved on this 8th day of June, 2009. /s /Oscar Trevino Before me, a Notary Oscar Trevino - Mayor unty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for ATTEST: the Star - Telegram pu /s /Patricia Hutson gram, Inc. a Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipp Pse�reta Hu tson -city t was publish in the above named paper on the listed dates: BIDS 13< LEGAL DEPT. STAR TELEGRAM ( 817 ) 390 -7501 APPROVED AS TO FORM AND LEGAL- e /s /Geor Staples \ George Staples -City Signed G At t o rney SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Jun 29, 0 . 1 Notary Public � P i 4 CHRISTY L. HOLLAND My Commission Expires July 31, 2012 Thank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 305327521 Invoice Amount: $38.88 PO Number: Amount Enclosed: $