Ordinance No. 10,825ORDINANCE NO. 10,825
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE III
"COMMERCIAL SOLID WASTE," DIVISION 1 "GENERALLY," SECTION
86-132 "REFUSE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO REMOVE THE PROHIBITION OF SETTING OUT BRUSH FOR THE
CITY'S COLLECTION AT A RESIDENCE IF THE BRUSH WAS THE
RESULT OF THE WORK OF A COMMERCIAL TREE TRIMMER;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO/100 DOLLARS (S500.00) 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 III, "Commercial Solid Waste,"
Division 1 "Generally," Section 86-132 "Refuse" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE III. COMMERCIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 86-132. Refuse.
(a) The city shall not collect garbage, trash or brush from commercial establishments other than
certain small businesses that contract with the city for collection pursuant to division 2 of this
article. Apartment complexes, recreational vehicle parks or manufactured home parks exceeding
eight units shall be considered commercial establishments.
(b) The collection and disposal of commercial garbage, trash and brush shall be carried out in a safe,
sanitary and timely manner.
(c) It shall be an offense for any person to put out or cause to be set out for collection any garbage,
trash or brush from commercial establishments other than certain small businesses that contract
with the city for collection pursuant to division 2 of this article.
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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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.
Section 3: 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 effect 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 4: 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 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The Interim 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 affirmativ<j
Baytown, this the 14lh day of February, 2008.
ote of the City Council of
S^EPHENH. DONCARLOS, Mayor
LVIN KWAVF, Interim CM Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, Sr., CifrYUorney
R: K;irenil:iles\City Council\Ordinanccs\2008M;chru;iry 14\RcsidcnliulBrusli.doc