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Ordinance No. 11,192ORDINANCE NO. 11. 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW -N- "TEXAS, AMENDING CHAPTER 42 "HEA1_ "1-1 -1 AND SANITATION,' ARTICLE i "IN GENERAL" OF THE CODE OF= ORDINANCES, BAYTOW'N_ "TEXAS, "I'O ADD A NEW SECTION -1'0 BE NUNIBERED AND EN "T[TLED SEC -TION 42 -1 "DONATION COLLECTION BINS" TO PROHIBI "1- THE PLACEMENT OF DONA -l- ON COLLECTION BINS WITHIN THE CITY_ CONTAINING A REPEALING CLAUSE: CONTAINING A SAVINGS CLAUSE; PRESCRIBING A N /IAXINMUh9 PENALTY OF TWO TI- IOUSAND AND NO /100 DOLI_ARS (S2,000.00); AND PROVIDING FOR THE PUBLICATION: AND THE EFFECTFVE DATE TI IEREOF. WHEREAS_ donation collection bins as defined hercinbelo%v often overllo,.v with dumped clothing, furniture, appliances, rubbish and unsanitary, items; and VVI-IEREAS, such overflow causes unsightly and unsanitary items to accuntutate around the donation collection bins, which provides a place of harborage for vermin and constitutes a possible and probable niediuni oftransnnission ofdisease, and creates a potential fire hazard: and WI IEREAS, donation collection boxes are often placed in walk -.vays - drive aisles, parking areas, landscape buffers_ rights -of -ways and utility easements without regard for setbacks and regulations which would prohibit such intrusions: and WHEREAS_ such placement at times niay obstruct or interfere with the view of a driver of a motor vehicle or otherwise prevent a traveler on any street or- driveway from obtaining a clear view of approaching vehicles: and WHEREAS, such obstruction causes unnecessary risk of injury. death and damages to persons and property while- within the City; and WHEREAS, in order to protect the public health_ safety and welfare, the City Council hereby finds and declares donation collection bins to be a public nuisance, which must be abated and removed within the corporate limits of the City of Baytown: NOLV THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOW'N, "TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true by the City Council of the City of Ba}-to\vn, Texas_ Section 2: That Chapter 42 "1- lealth and Sanitation," Article 1 "In General" of the Coder of Ordinances, Baytown, Texas, is hereby amended to add a nevv section to be nurnbered and entitled. Section 42 -1 "Donation collection bins," which shall read as follows: CHAP'T'ER 42. HE:ILTH _XiD SANITATIOi ARTICLE I. IN GENERAL Sec. 42 -1. Donation collection bins. (a) Definitions. The following words. terms and phrases. when used in this subdivision. shall have the nteaninos ascribed to them in this section except where the context clearly indicates a different meaning: Director means the city's director of health. Donation collection bin means a box. bin, container, trailer, accessory structure or similar facility, which is: 1. located outside of an enclosed building: 2. used or intended to be used for the collection of donated materials, including household goods and clothing. and not used exclusively for the collection of recyclables such as paper or plastic: and not manned with personnel to accept donations when delivered during business hours. Operator means any person who owns. operates or is otherwise in control of a donation collection bin located in the city. (b) Prohibition. (1) No person shall place. operate or maintain a donation collection bin in the city on or after October 4. 2009. (2) No person shall allow the placement of a donation collection bin on property owned or leased by him after October 4. 2009. (c) Notice. if a donation collection bin is within the city limits on or after October 4, 2009. the director shall send notice by first class mail to the last known address of the owner of the property as recorded in the appraisal records of the appraisal district in which the property is located and, if conspicuously noted on the donation collection bin, to the operator to the address noted on the donation collection bin. A notice shall also be posted on the donation collection bin. A notice which the United States Postal Service returns as refused or unclaimed shall not affect the validity Of the notice. Such notice shall be sufficient if it generally describes the location of the donation collection bin. gives notice that the donation collection bins are prohibited within the corporate limits of the city. advises that the donation collection bin must be removed within 30 days after the date of such notice, and specifies that failure to timely remove the donation collection bin will result in removal by the City and the assessment of a charge against the operator. Notwithstanding the above. if prompt abatement is a public necessity. this subsection and the notice procedures contained in this subsection shall not apply. (d) Abatenrew. if after the thirty (30) days specified in the notice elapses and a donation collection bin remains within the city limits, the director without further notice may remove or cause to have removed the donation collection bin and its contents and properly dispose of them as solid waste. (e) Costs. If a donation collection bin is removed by the city, the operator will be charged the actual costs of such removal plus an administrative charge of $100.00 per donation collection bin. (f) Penalties. Any person who violates any section of this section shall. upon conviction. be punished as provided in section 1 -14. Violations of this section are treated as strict liability offenses. There is no need to prove that the person had intent to violate the section. (g) Ei forcement. The director shall enforce the provisions of this chapter and is authorized to promulgate such rules and regulations necessary for the implementation and administration of this section. 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 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 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 Nvho 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 TWO THOUSAND AND NO/100 DOLLARS ($2.000.00). 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 Interim Cit-v Clerk is herebv 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. /7 INTRODUCED. READ_ AND PASSED by the affirmative vot f the City Council of Baytown. this the 24 1h day of September. 2009. 0 I— 1TTN U ,�T.ETtW GARZA/ Interirb City Clerk APPROVED AS TO FORM: ACIO RAMIREZ. Sr.. C' ttorney 10KarenWiles\City Council \Ordinances\-10091September 2al DonationCollectionB ins Prohibition FINAL. rt f RLOS.