Ordinance No. 5,221890309 -1
ORDINANCE NO. 5221
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE, TRASH AND
BRUSH," BY ADDING ARTICLE VI, "SMALL BUSINESS.REFUSE";
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 14 -3(a) of the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 14- -3(a). The City shall not collect garbage,
trash, brush or special items from commercial
establishments other than certain small businesses that
contract with the City for collection pursuant to
Article VI. Apartment complexes or mobile home parks
exceeding eight (8) units shall be considered
commercial establishments.
Section 2: That Section 14 -21, "Collection of Commercial
Waste, Generally," of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended to read as follows:
The City shall not collect commercial waste other
than from certain small businesses that contract with
the City of collection pursuant to Article VI. The
collection and disposal of commercial waste shall be
carried out in a safe, sanitary and timely manner.
Nothing in this article shall apply to any state
approved sanitary landfill or other waste disposal
regulated by other law.
Section 3: That Chapter 14, "Garbage, Trash and Brush," of
the Code of Ordinances of the City of Baytown, Texas, is hereby
amended by adding Article VI, "Small Business Refuse," to read as
follows:
Article VI. SMALL BUSINESS REFUSE
Sec. 14 -29. Contract with small businesses for garbage
collection.
The City Department of Public Works shall have the
right to contract with certain small local businesses
and professional offices for garbage service. The
contract shall specify the maximum quantity of bags to
be disposed of weekly and the rate to be charged. The
charges shall be $20.00 per month for up to five (5)
bags per week and each additional bag per week shall be
charged at $2.00 per month. The Director of Public
Works shall contract only with those who wish the
service and are located near existing residential
customers.
890309 -1a
Sec. 14 -30. Small business garbage collection shall be
same as residential.
Those small businesses who choose to contract with
the City for garbage service shall be subject to
Sections 14 -4 through 14 -15 inclusive the same as
residential customers except that only paper or plastic
bags shall be permitted of small businesses.
Sec. 14 -31. Approved small business waste container.
Only plastic and paper bags as described in Section
14 -1 (d) (2) shall be approved for use by small
businesses contracting with the city for garbage
collection.
Section 4: 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 5: If any provisions, section, exception,
subsection, 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 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: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 9th day of March,
1989.
EMMETT 0
ATTEST:
�- 7 -- -
EILEEN P .'HALL, City Cleric
ANDALL B. STRONG, City A rney
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