Ordinance No. 11,046ORDINANCE NO. 11.046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NOS. 9227 AND 10,708 ADOPTED ON
SEPTEMBER 13, 2001 AND SEPTEMBER 13, 2007, RESPECTIVELY;
AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL
SOLID WASTE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
BY ADDING A NEW DIVISION TO BE NUMBERED AND ENTITLED
DIVISION 4 "BAYTOWN GREEN CENTER": CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby repeals.
Ordinance Nos. 9227 and 10,708 adopted on September 13. 2001 and September 13, 2007,
respectively.
Section 2: That Chapter 86 "Solid Waste," Article I1 "Residential Solid Waste" of the
Code of Ordinances, Baytown, Texas. is hereby amended by adding a new division to be
numbered and entitled Division 4 "Baytown Green Center." which article shall read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE 11. RESIDENTIAL SOLID WASTE
DIVISION 4. BAYTONA'N GREEN CENTER
Section 86 -104. Baytown Green Center.
a. Applicability. Only residents of the city may utilize the Baytown Green Center upon the
payment of the load fee specified in subsection (c) to deposit eligible debris. At the time
of deposit, residents must show proof of residency. which shall consist of a city water bill
with address on the water bill matching the driver's license address
b. Definition. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Baytown Green Center shall mean the facility designed to provide assistance for
Baytown residents with disposal of eligible debris and recyclable materials located at
1601 W. Main Street, Baytown, "Texas.
Eligible debris means debris not picked up under the routine garbage, heavy
trash or brush collection and includes furniture, equipment, shipping boxes, other bulky
items, building materials and other material as determined by the City Manager. Such
term excludes the following:
1. Brush/tree limbs/leaves-,
2. Composition shingles;
3. Motor oil /oil filters:
4. Tires/batteries;
5. Paint;
6. Brick/concrete masonry or dirt;
7. Any appliances with Freon; and
8. Any E- waste. including televisions, computer monitors, lap top computers,
VCR's, printers, fax machines, copiers)
C. Load Fee.
The fee per load of eligible debris deposited at the Baytown Green Center shall be
as follows:
Pick -up truck or car ................... ............................... ..........................$5.00 per load
Trailer not more than 8 feet in length ....................... ..........................$x.00 per load
Trailer over 8 feet in length but not more than 16 feet in length ......$10.00 per load
2. The fees established in subsection (c)(1) shall be applied to every vehicle or
trailer hauling eligible debris. For example, if a truck with an 8 -foot trailer are
both hauling eligible debris, the fee for disposal of such debris at the Baytown
Green Center shall be $10.
3. The fees established in subsection (c) are based solely on vehicle and/or length of
trailer hauling eligible debris and not based upon the amount of debris deposited
at the Baytown Green Center.
d. Standards.
1. Persons may not use trailers longer than 16 feet in length to drop -off eligible
debris at the Baytown Green Center.
2. Small eligible debris must be must be boxed or bagged prior to arrival at the
Baytown Green Center for quick removal.
3. No sweeping of trailers or truck beds shall be allowed at the Baytown Green
Center
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4. The Baytown Green Center shall not be used by contractors for the disposal of
eligible debris resulting from their commercial operations.
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 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: 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 affirmati7/11L to of the City Council of the
City of Baytown this the 8th day of January, 2009.
APPROVED AS TO FORM:
DONCARLOS, Ma
4M�6r2A��-� -
ACIO RAMIREZ, SR., C ty Attorney
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