ORD 1987-15ORDINANCE 0 87-15
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 87--15
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; REPEALING IN ITS ENTIRETY
TOWN ORDINANCE NO. 86-11; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS
($1,000.00) 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, Texas Revised Civil
Statutes (Vernon), as amended, to enact ordinances for the peace, order, health,
safety and welfare of the Town; and
WHEREAS, the Town Council finds that there has been improper dumping and
disposal of garbage, trash and other refuse within the Town; and
WHEREAS, the Town Council finds that regulation of the disposal of garbage,
trash and other refuse within the Town is in the best interest of the public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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 or paper bag or sack type 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.
Section 3. Throwing of gghage into public placeLprohibited.
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. Depositing arba a on 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
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, such person shall be required, 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. 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.
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B. Refuse bags shall at all times he 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 6. Nuisance.
Whatever is dangerous to human life or health, or whatever renders the
ground, water, air or food a hazard or is likely to 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 7. Repealer.
That Ordinance No. 86-11 of the Town enacted on April 14, 1986 is hereby
repealed in its entirety; provided, however, that Ordinance No. 86-11 shall continue
to remain in full force and effect for purposes of enforcing the penalty provision
therein in the Town Municipal Court until such time as the penalty provision of this
ordinance takes effect as provided by law.
Section 8. 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 9. Penalty.
Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a
stun not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
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Section 10. Effective Date.
That this ordinane shall be effective from and after its date of passage and
publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the _ _s day of ,lune 11987,
&Mayr, Town of Trophysub, Texas
ATTEST:
cretary, Town of Tra by Club,
[SEAL]
APPROVED AS TO FORM:
Town ttorney, Town of Trophy Club,
Texas
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