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Ordinance No. 1,359r► ORDINANCE NO. 1359 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 14, "GARBAGE AND TRASH ", BY AMENDING SECTIONS 14 -13, 14 -14, AND 14 -15 TO REPEAL THE PROVISIONS OF SUCH SECTIONS AS PRESENTLY CONSTITUTED AND TO SUBMIT IN THEIR PLACES NEW SECTIONS; MAKING IT UNLAWFUL FOR ANY PERSON TO DEPOSIT OR DUMP GARBAGE, TRASH, OR REFUSE COLLECTED OUTSIDE THE CITY LIMITS OF THE CITY OF BAYTOWN OR AREAS WHICH ARE NOT DESIGNATED BY THE CITY MANAGER AND APPROVED BY CITY COUNCIL IN ANY LANDFILL OWNED OR OPERATED BY THE CITY; REPEALING ORDINANCES INCON- SISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown is hereby amended by the amendment of Chapter 14, "Garbage and Trash ", by repealing Sections 14 -13, 14 -14, and 14 -15 thereof and the same shall cease to have force and effect from and after the effective date of this ordinance. Section 2: That the Code of Ordinances is hereby amended by adding thereto new Sections 14 -13, 14 -14, and 14 -15 which shall read as follows, to -wit: Section 14 -13. Permits for emptying garbage in landfill required; exception. No person except duly authorized agents, employees and officers of the City of Baytown and operators of Class "A" vehicles as described in Sections 14 -14 and 14 -15, shall deposit garbage, trash, or refuse into any landfill or landfills owned or maintained by the City unless such person presents to the landfill attendant a valid ticket authorizing the dumping or depositing of garbage or trash. Except as provided above, it shall be unlawful for any person to deposit or dump garbage, trash, or refuse in any landfill owned or operated by the City or for any City landfill attendant, or any other employee of the City to allow or permit any person to deposit or dump garbage, trash, or refuse unless a ticket for such dumping has been presented to such attendant or employee. Tickets collected shall be presented to the Director of Finance daily. Section 14 -14. Tickets for use of landfill - Classification. The Director of Finance shall furnish the said attendant at such landfill with tickets as hereinafter provided. Such tickets shall cover vehicles of less than one ton capacity and vehicles in excess of one ton capacity and such two divisions shall have classes as set forth: VEHICLES: ONE TON OR LESS (1) Class A. Vehicles hauling garbage, trash, or refuse from within the limits of Baytown. (Noncommercial, nonbusiness) (2) Class B. Vehicles hauling garbage, trash or refuse from areas out- side the City limits of Baytown designated by the City Manager and approved by the City Council. (3) Class C. Vehicles hauling garbage, trash, or refuse from within the limits of Baytown. (Commercial or business) W. VEHICLES: EXCESS OF ONE TON (1) Class D. Vehicles hauling garbage, trash, or refuse from within the limits of Baytown. (2) Class E. Vehicles hauling garbage, trash, or refuse from outside the limits of Baytown designated by the City Manager and approved by the City Council. Section 14 -15. Same- Ticket books; fees. The Director of Finance shall prepare ticket books, numbered consecu- tively, for each class. Each ticket book shall contain tickets authorizing the dumping of one load of trash, garbage or refuse at the City Landfill and books containing twenty -five (25) tickets, fifty (50) tickets and one hundred (100) tickets shall be prepared and the fees shall be as follows: (1) Class A. Passenger vehicles, including one - seated, two - seated, coaches, sedans and coupes ............................No charge Noncommercial, nonbusiness pickups and trailers ....... No charge (2) Class B ................. ..............................$ 2.00 _per ticket (3) Class C .................. .............................$� 1.00 per ticket (4) Class D (a) Sixteen -yard trucks ..............................$ 4.50 per ticket (b) Twenty -yard trucks .. .............................$� 5.50 per ticket (5) Class E (a) Sixteen -yard trucks .............................$ 9.00 per ticket (b) Twenty -yard trucks . .............................$T lamer ticket (6) For the purpose of establishing fees for volumes of refuse not otherwise covered by the provisions of this section, the sum of $ 0.25 per cubic yard shall be charged for refuse picked up within the City limits and the sum of $ 0.50 per cubic yard shall be charged for refuse picked up in areas outside the City limits designated by the City Manager and approved by City Council. It shall be unlawful for any person to deposit or dump garbage, trash, or refuse collected outside the City limits of the City of Baytown or areas which are not designated by the City Manager and approved by City Council in any landfill owned or operated by the City. Any person desiring to deposit or dump garbage, trash, or refuse collected within the City limits of the City of Baytown at such City -owned and main- tained landfill may do so by purchasing one or more tickets appropriate for such privilege under a receipting procedure established by the Director of Finance. Section 3: Repealing Clause: All ordinances or parts of ordinances incon- sistent 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. -2- Section 4: Savings Clause: If any provision, section, exception, sub- section, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held un- constitutional, 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: Effective Date: This ordinance shall take effect from and after thirty (30) days after 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 its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 8th day of February 1973. C- C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: NEEL RICHARDSON, City Attorney -3-