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HomeMy WebLinkAboutOrdinance No. 2015-2150 CITY OF THE COLONY,TEXAS ORDINANCE NO.2015- f J..S10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, ARTICLE VII, BY ADDING A NEW SECTION 12-125, ENTITLED "DUMPSTERS," BY REQUIRING DUMPSTER DOORS, ENCLOSURES, AND LIDS TO BE MAINTAINED AND CLOSED UNLESS THE CONTAINER IS BEING SERVICED;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, finds and determines that amending Chapter 12, Article VII, by adding a new section 12-125 to address the closure of dumpster doors is in the best interest of the City of The Colony, Texas, and WHEREAS, the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare of the citizens of the City of The Colony,Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 12, Article VII by adding a new section 12-125, entitled "Dumpsters," which shall read as follows: "Sec. 12-125. Dumpsters. Dumpster doors, enclosures, and lids shall be maintained in working order and kept closed unless the container is being serviced. Secs. 12-126-12-139. - Reserved." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances 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 City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROV D BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS,THIS day of 4/4•Y%-v ,2015. J e Mc o , Mayor ATTEST ‘,„,,, [0.41,4_,J 'G. Christie Wilson, City Secretary 141: :OZ? AP 'ROVED AS TO FORM: _ , 11111r46.„ eff Moore, C. y Attorney Page 2