Ordinance No. 13,741ORDINANCE NO. 13,741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE I "IN GENERAL,"
SECTION 86-1 "DEFINITIONS" AND ARTICLE II "RESIDENTIAL SOLID
WASTE," DIVISION 1 "GENERALLY" SECTION 86-31 "COMPLIANCE
REQUIRED" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A
DEFINITION OF "HAZARDOUS WASTE" AND TO ESTABLISH AN OFFENSE
FOR IMPROPERLY DISPOSING OF HAZARDOUS WASTE THROUGH THE
RESIDENTIAL SOLID WASTE COLLECTION SERVICES OFFERED BY THE
CITY; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
N0/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 86 "Solid Waste," Article I "In General," Section 86-1
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended by adding a definition of
"hazardous waste," which definition shall read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 86-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Hazardous waste means solid waste identified or listed as a hazardous waste by the administrator of
the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901
et seq.).
Section 2: That Chapter 86 "Solid Waste," Article H "Residential Solid Waste," Division 1
"Generally" Section 86-31 "Compliance required" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
ARTICLE H. RESIDENTIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 86-31. Compliance required.
(a) Disposal. All residential garbage, heavy trash, yard waste and brush shall be disposed of by the
person in charge of the premises by the methods set forth in this article.
(b) Offenses. It is an offense for a person:
(1) to dispose of garbage, heavy trash, yard waste or brush in any manner other than
described in subsection (a) of this section;
(2) to place or throw any garbage, heavy trash, yard waste or brush on the streets or in the
alleys of the city at any time;
(3) to throw or place any garbage, heavy trash, yard waste or brush in any gutter or other
drainage facility within the city;
(4) to pick from or disturb any garbage, heavy trash, yard waste, brush or special items set
out for collection without permission of the person in charge of the premises; or
(5) to throw or place:
a. any hazardous waste or
b. any material harmful to collection crews or collection equipment
on any property in the city for residential solid waste collection in accordance with this
article.
(c) Enforcement. The fire chief, the police chief, as well as the directors of public works, health,
engineering and planning and development services, are authorized to enforce this chapter and to
make all necessary inspections, issue citations, give notice, file applicable charges and otherwise
cooperate in the enforcement under this chapter.
(d) Fee. Solid waste services described in this article are provided in return for payment as outlined
in division 3 of this article.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency;
and, in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause, or phrase
of the ordinance or the application of same to any person or the set of circumstances, shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and, to this end,
all provisions of this ordinance are declared to be severable.
Section 5: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which
any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed
above, the city may pursue other remedies such as abatement of nuisances, injunctive relief,
administrative adjudication and revocation of licenses or permits.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote gf the City Council of Baytown,
this the 12'h day of April, 2018.
Mayor
ATTEST:
L TICIA BRYSCH, City lerk
0o, tY 10 c=
iG`r�oeo.t;aV,
ol
APPROVED AS TO FORM:
W24
P
ACIO RAMIREZ, Sr., City At6 ey
`,cobfs0l\legal\Karen\FileslCityCouncillOrdinances\2018\April MliazardousWaste.docx