ORD 1992-11C�T;iJ� Ny7.�iil
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REGULATING THE DISPOSAL OF TRASH, REFUSE AND
GARBAGE; PROVIDING DEFINITIONS; PROHIBITING
THE DEPOSIT OF TRASH, REFUSE AND GARBAGE ONTO
PUBLIC AND PRIVATE AREAS WITHIN THE TOWN;
REQUIRING THAT CONSTRUCTION WASTE BE REMOVED
AT THE OWNER'S EXPENSE; REQUIRING PERSONS
OCCUPYING A RESIDENCE AND PERSONS OWNING,
OPERATING OR OCCUPYING ANY PUBLIC, COMMERCIAL,
INDUSTRIAL OR OTHER BUSINESS ESTABLISHMENT TO
PROVIDE REFUSE BAGS OR MECHANICAL GARBAGE
CONTAINERS FOR DISPOSAL OF TRASH AND REFUSE;
REQUIRING THAT SUCH REFUSE BAGS OR MECHANICAL
GARBAGE CONTAINERS BE CLOSED OR COVERED;
DECLARING A NUISANCE; PROVIDING A SAVINGS
CLAUSE; REPEALING ORDINANCE NOS. 87-15, 87-19
AND 90-09 RELATING TO TRASH AND GARBAGE FOR
THE PURPOSE OF COMBINING THE SAID ORDINANCES
HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN
TWO THOUSAND DOLLARS ($2,000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS
OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas
(the "Town") is empowered pursuant to articles 1011 and 1015,
V.T.C.S., as amended, to enact ordinances for the peace, order,
health, safety and welfare of the Town; and
WHEREAS, the Town Council hereby finds that there has been
improper dumping and disposal of garbage, trash and other refuse
within the Town; and
WHEREAS, the Town Council has heretofore adopted Ordinance
Nos. 87-15, 87-19 and 90-09 relating to trash and garbage, and it
is the intent of the Council, by the adoption of this Ordinance, to
combine Ordinance Nos. 87-15, 87-19 and 90-09 into this Ordinance
without effecting a substantive change in the law; and
WHEREAS, the Town Council finds that the regulation of the
disposal and transportation of trash, refuse and garbage within the
Town is in the best interests of the public health, safety and
welfare .
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
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Section 1. Incorporation. That all of the above premises are
found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
Section 2. Definitions. The following terms shall have the
respective meanings ascribed to them:
A. "Garbage" means all animal or vegetable matter, such as
waste material and other deleterious substances from kitchens,
residences, grocery stores, butcher shops, restaurants, cafes,
hotels, rooming and boarding houses or other commercial businesses.
B. "Refuse" means all garbage, trash and rubbish.
C. "Refuse bag" means a plastic bag or sack container that
is designed and sold for the purpose of placing garbage, trash or
refuse in it for disposal.
D. "Trash" means rubbish, crates, boxes, cloth, rags, paper,
leaves, flowers, lawn cuttings free from rock and earth, cans,
glass, plastic, concrete or other building material, earth, dirt,
oil and related substances, minerals, rock, metal, and tree, bush
and other vegetation trimmings.
E. No person occupying a residence in the Town shall put any
refuse bag out for pickup or store any refuse bag or bags in a
place or manner so as to be openly visible from the street prior to
6:00 p.m. on the day before a pick --up day. As used herein, "pick-
up day" means a day scheduled by the Town for pack -up of refuse
bags for a portion of the Town which includes the residence in
question, as published by the Town in the Town newspaper.
Section 3. Throwing of garbgqe into Joublic places prohibited.
It shall be unlawful for any person to throw, deposit or
scatter into or onto any public highway, street, alley, sidewalk or
other public place or property within the Town any garbage, refuse,
refuse bag, trash or other substance likely to injure any person,
animal or vehicle.
Section 4. De ositin arba eon private Property prohibited.
It shall be unlawful for any person to throw or deposit into
or onto any private property any can, box, bale, bundle, sack or
other kind of garbage or trash or any concrete, glass, nails,
hooks, tacks, wire or other substance likely to injure any person,
animal or vehicle.
Section 5. Waste from _building ,construction.
Rock, waste, concrete, wood, earth, dirt, scrap building
materials or other trash resulting from construction of any
structure within the Town, including but not limited to buildings
of any type, or remodeling of any structure, shall be removed at
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the expense of the owner of the property upon which the
construction took place.
Section 6. Garbage -cans and receptacles.
A. It shall be the mandatory duty of every person occupying
a residence to place or cause to be placed in refuse bags, and of
every owner, agent, lessee, occupant or person in charge of any
public, commercial, business or industrial establishment in the
Town to place or cause to be placed in refuse bags or mechanical
garbage containers, all garbage and trash which may accumulate upon
their premises; provided, however that it shall be the mandatory
duty of any person owning or having control over any property where
construction requiring a building permit is taking place and where
such construction is being performed in relation to a residential
structure, garage, swimming pool or building to be used for
commercial or business purposes, prior to the start of any such
construction, to place upon such property a dumpster for purposes
of depositing rock, waste, concrete, wood, earth, dirt, scrap
building materials or other trash generated by such construction
work therein. The said dumpster shall be placed, where possible,
so as to be screened from public view and shall be removed from the
building site immediately upon the completion of construction.
Except where the prior permission of the owner or person in control
of a dumpster has been secured, it shall be an offense for any
person to place or deposit or cause to be placed or deposited any
garbage, refuse, refuse bag or trash into any dumpster required by
this subsection when the dumpster is not under such person's
ownership or control; provided, however, that it shall be presumed
that a person who is not the owner of or does not have control over
a dumpster and who deposits any garbage, refuse, refuse bag or
trash into the dumpster did not have permission of the owner or
person in control of the dumpster to make the deposit.
B. Refuse bags shall at all times be kept secure and closed
so that flies and other insects may not have access to the contents
thereof, and shall remain closed except while the refuse bag is
being filled. The doors or covers of all mechanical garbage
containers shall at all times be kept secure and fastened so that
flies and other insects may not have access to the contents
thereof, and such doors or covers shall not be opened except while
the containers are being filled or emptied.
C. It shall be the duty of each person to keep and maintain
any receptacle for garbage, trash or refuse in such a manner that
it shall not become or constitute a public nuisance.
D. All animal matter that is subject to decomposition shall
be well wrapped in paper or other combustible material before being
deposited in a garbage or refuse receptacle.
Section 7. Nuisance.
Whatever is dangerous to human life or health, or whatever
renders the ground, water, air or food a hazard or is likely to
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cause injury to human life or health, or that is offensive to the
senses or that is or threatens to become detrimental to the public
health, is hereby declared to be a nuisance. The specific acts,
conditions and things prohibited in this ordinance are, among
others, each hereby declared to be nuisances and against the
general health, safety and welfare and the same are hereby made
unlawful.
Section B. Savings; Repealer. That this Ordinance shall be
cumulative of all other ordinances of the Town affecting garbage,
trash and refuse and shall not repeal any of the provisions of
those ordinances except in those instances where provisions of
those ordinances are in direct conflict with the provisions of this
Ordinance; provided, however, that Ordinance Nos. 87--15, 87-19 and
90-09 are hereby repealed, but provided however that any complaint,
action, cause of action or claim which prior to the effective date
of this Ordinance has been initiated or has arisen under or
pursuant to the said repealed Ordinances shall continue to be
governed by the provisions of those Ordinances, and for that
purpose Ordinance Nos. 87-15, 87-19 and 90-09 shall be deemed to
remain and continue in full force and effect.
Section 9. Severability. If any section, article, paragraph,
sentence, clause, phrase or word in this Ordinance, or application
thereto, any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this
Ordinance; and the Town Council hereby declares it would have
passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and
effect.
Section 10. Violation; Penalty. It shall be unlawful for any
person to violate any provision of this Ordinance, and any person
violating or failing to comply with any provisions of this
Ordinance shall be fined upon conviction, not less than One Dollar
($1.00) nor more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
Section 11. Effective Date. This Ordinance shall become
effective from and after its date of passage and publication as
required by law.
PASSED AND APPROVED by the Town ouncil of the Town of Trophy
Club, Texas this the 1 day of %�1992.
MayX, Town of Trophy/Club, Texas
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ATTEST:
Town Secre ry
Town of Trophy Club, Texas
[SEAL]
AS TO
Town Atorney
Town o Trophy Club, Texas
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