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HomeMy WebLinkAboutORD 2003-64 - GarbageORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER 13.12 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN PERTAINING TO "GARBAGE COLLECTION AND DISPOSAL" TO PROHIBIT SCATTERING, SCAVENGING FROM, DISTURBING OR REMOVING THE CONTENTS FROM RECYCLING CONTAINERS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown finds that its ordinance relating to garbage collection and disposal is in need of amendment in light of the public health issues involved in scattering, scavenging from, disturbing or removing the contents from recycling containers within the City limits; and WHEREAS, t he C ity of Georgetown further f inds that it is desirable to address public health issues by prohibiting such activities from occurring within the City limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part thereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Century Plan Elements: 4.0 The City provides for the safety of its citizens and supports the responsive delivery of coordinated services by the City and other public agencies. 4.7 Georgetown is effective at resolving issues related to crime, disorder, and fear of crime. 14.5 The City's utility policies and practices promote and encourage the protection and conservation of Georgetown's environment and natural resources. The City Council further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 2: Section 13.12.070 "Use of another's container — Meddling with or scattering contents of container,." of the Georgetown Code of Ordinances is hereby amended as follows: Sec. 13.12.070. Use of another's container—Meddling with or scattering contents of container. A. It is unlawful for any owner, occupant, tenant or lessee, using or occupying a building, house or structure as a separate unit, to utilize the garbage containers or receptacles of another owner, occupant, tenant or lessee for the disposal of his own refuse or garbage, and in this manner evade the payment of the fees levied by this chapter. Ordinance No. ,.3 — Garbage Collection and Disposal Ordinance Page 1 of 2 B. It is a violation of this chapter for any person to meddle with any garbage container, trash receptacle, or recycling container unless such container or receptacle is owned or controlled by such person, or unless such person is an authorized collector of the contents, under this chapter. C. It is a violation of this chapter for any person to scatter, scavenge from, disturb, or remove the contents of any garbage or recycling container. SECTION 3: All other provisions of Chapter 13.12 that are not amended hereby shall remain in full force and effect. SECTION A. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 12th day of August, 2003. PASSED AND ADOPTED on Second Reading on the gth day of September, 2003, APPROVED AS TO FORM: A� icia E. Carls, Brown & Carls, L.L.P City Attorney Ordinance No. o9003 — &C/ Garbage Collection and Disposal Ordinance Page 2 of 2 CITY OF By: ATTEST: N, TEXAS No ndra D. Lee, City Secretary