Ordinance No. 2,869ORDINANCE NO. 2869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES TO PROHIBIT PICK
UP OF COMMERCIAL REFUSE OR SPECIAL ITEMS RESULTING FROM
ACTIVITIES OF A COMMERCIAL BUSINESS; REPEALING ALL
ORDINANCES IN DIRECT CONFLICT; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO/100 ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That Chapter 14, "Garbage, Trash, and
Brush," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by the repeal of Section 14 -3,
Commercial refuse, as presently constituted and by the
adoption of a new Section 14 -3 that shall read as follows:
Sec. 14 -3. Commercial refuse.
(a) The city shall not collect garbage, trash, brush, or
special items from commercial establishments. Apartment
complexes or mobile home parks exceeding eight (8) units
shall be considered commercial establishments.
(b) The city shall not collect brush or special items
resulting from tree cutting by a commercial business.
Commercial business shall mean any person engaged in the
occupation or work of cutting trees on a full or part -time
basis and who activily solicits such business by advertising
or other means.
(c) The collection and disposal of commercial garbage,
trash, brush, and special items shall be carried out in a
safe, sanitary, and timely manner.
(d) It shall be an offense for any person to put out or
cause to be set out for collection any brush or special
items resulting from tree cutting by a commercial business.
Section 2: 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repealed; provided, however, that such repeal shall be only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.
00410 -4
ORDINANCE NO. 2869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES TO PROHIBIT PICK
UP OF COMMERCIAL REFUSE OR SPECIAL ITEMS RESULTING FROM
ACTIVITIES OF A COMMERCIAL BUSINESS; REPEALING ALL
ORDINANCES IN DIRECT CONFLICT; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO/100 ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That Chapter 14, "Garbage, Trash, and
Brush," of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by the repeal of Section 14 -3,
Commercial refuse, as presently constituted and by the
adoption of a new Section 14 -3 that shall read as follows:
Sec. 14 -3. Commercial refuse.
(a) The city shall not collect garbage, trash, brush, or
special items from commercial establishments. Apartment
complexes or mobile home parks exceeding eight (8) units
shall be considered commercial establishments.
(b) The city shall not collect brush or special items
resulting from tree cutting by a commercial business.
Commercial business shall mean any person engaged in the
occupation or work of cutting trees on a full or part -time
basis and who activily solicits such business by advertising
or other means.
(c) The collection and disposal of commercial garbage,
trash, brush, and special items shall be carried out in a
safe, sanitary, and timely manner.
(d) It shall be an offense for any person to put out or
cause to be set out for collection any brush or special
items resulting from tree cutting by a commercial business.
Section 2: 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.
00410 -4a
Section 3: 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 unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity 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 4: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section 5: 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 of
the City Council on this loth day of April 1980.
ATTEST:
F
EILEEN P. HALL, City Clerk
APPROVED:
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SCOTT BOU DS, City Attorney
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MMETT 0. HUTTO, Mayor
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