Ord. 0181-06 04-26-99ORDINANCE NO. 181-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 12, GARBAGE AND TRASH, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN,
FROM TIME TO TIME, AMENDED, TO PROHIBIT THE USE OF TRASH
CANS AND OTHER NON -DISPOSABLE RECEPTACLES WITHIN THE
CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 12-17, Preparation of Garbage, Trash and Rubbish
Duty of Person in Charge of Premises, of Chapter 12, Garbage and Trash, of the City
of Pearland Code of Ordinances, is hereby amended to read as follows:
"It shall be the duty of every person(s) in charge of inhabited premises
within the city to prepare the garbage, trash and rubbish from such premises
and timely place the same for collection by the city in accordance with the
terms and conditions of this chapter; provided, however, that this section shall
not apply to persons removing from premises garbage, trash or rubbish under
a license issued pursuant to this chapter. Accordingly, every household shall
be assessed a fee as provided under Section 12-31(a) for the collection and
disposal of garbage, trash and rubbish from its premises, regardless of whether
the household uses this service."
Section 2. That Section 12-18, Disposable Containers Required; Trash
Specifications, of Chapter 12, Garbage and Trash, of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
"(a) Garbage and trash placed on the curbside or property line for collection
and disposal by the City of Pearland shall be contained in disposable
garbage bags. Cardboard boxes and other disposable containers may be
used in lieu of disposable garbage bags, provided that they are tightly
sealed and completely disposable. No containers of any shape, size or
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ORDINANCE NO. 181-6
form, including but not limited to trash cans and other non -disposable
receptacles intended to be emptied and returned to the curb or property line
shall be allowed. Disposable containers having a total loaded weight in
excess of fifty (50) pounds will not be handled by city collection crews.
(c) The violation of the prohibition against the use of trash cans and other
non -disposable receptacles at the curbside or property line for trash
collection and disposal by the city shall subject the person in charge of the
inhabited premises to a fine not to exceed Five Hundred Dollars ($500.00)."
Section 3. That Section 12-20, Preparation for Collection, of Chapter 12,
Garbage and Trash, of the City of Pearland Code of Ordinances, is hereby amended to
read as follows:
"All garbage and trash that is mixed with water or other liquid shall be
thoroughly drained before being put in garbage bags or other disposable
containers for collection. ..."
Section 4. That Section 12-28, Notice of Failure to Collect, of Chapter 12,
Garbage and Trash, of the City of Pearland Code of Ordinances, is hereby amended to
read as follows:
... Every owner, occupant tenant or lessee of a house or building used for
residential, public, business or commercial purposes is required to maintain
constant supervision and surveillance over the garbage and trash cans and
receptacles servicing his premises. If the garbage or trash contained in
disposable garbage bags or other disposable containers is not removed, or
in the case of a business, the garbage cans or receptacles are not emptied
and the contents removed, by an agent or representative of the city or other
duly authorized person for a period of seven (7) days, he must notify the city
manager of this fact within three (3) days."
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ORDINANCE NO. 181-6
Section 5. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance and amendments thereto shall be and are preserved for the
benefit of the City.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 7. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
Section 9. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption, to be published in the official newspaper of the City of Pearland,
upon passage of such Ordinance. The Ordinance shall then become effective ten (10)
days from and after its publication, or the publication of its caption, in the official City
newspaper.
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ORDINANCE NO. 181-6
PASSED and APPROVED ON FIRST READING this the 12th day of April ,
A. D., 1999.
TOM REID
MAYOR
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING tithe 26th day
of April , A. D., 1999.
ATTEST:
UNG
TY S ETARY
APPROVED AS TO FORM:
AM.w� � • `-61�
DARRIN M. COKER
CITY ATTORNEY
4
6941
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
APRIL 26, 1999)
Voting "Aye"- Councilmembers Seeger, Berger, Wilkins,
Tetens, and Beckman.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: APRIL 28, 1999
EFFECTIVE DATE: MAY 8, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS