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HomeMy WebLinkAboutOrdinance 3059ORDINANCE NO. 3059 AN ORDINANCE AMENDING SECTION 66-3(4) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROHIBITING PLACEMENT OF TRASH CONTAINERS AT CURBSIDE PRIOR TO 7:00 P.M. ON THE DAY BEFORE 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(4) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 66-3. Residential collection; conditions and container placement. (4) Solid waste and trash shall not be placed at curbside prior 7:00 P.M. on the day prior to scheduled 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. 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shall prevail over the conflicting provisions of other ordinances, but such other ordinances shall be deemed to be repealed only to the extent of such conflict and shall otherwise continue in full force and effect. Ordinance No. 3059 Page 1 of 2 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. 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 27th day of July, 2009. ~`````~~~~~uu~u~uuui~ar ~~~ H Lq N'~~~~,/,'~ ;,, ~1G""""'' ~ CITY O N RT HILLS ~: n ~. r gip? zr r G z= r =~ By: ~-':. h y ~ Oscar revino, Mayor ., • ~ ~ .~ u~ Patricia Hutson, City Secretary APP AS FORM AND LEGALITY: George A. Stap s, City Attorney APPRO ED AS TO CONTENT: J Ari Stout, Director of Neighborhood Services Ordinance No. 3059 Page 2 of 2