HomeMy WebLinkAboutOrdinance No. 2011-1910
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
CHAPTER 12, SECTION 12-22, ENTITLED "LEGAL DISPOSAL ONLY",
BY REPEALING AND REPLACING SAID SECTION TO PROVIDE FOR
EXCLUSION OF CITY LAW ENFORCEMENT PERSONNEL;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500) FOR EACH AND EVERY OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend Section 12-22, by repealing and
replacing Section 12-22, to allow for the exclusion of city law enforcement personnel from the
provisions therein.
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same is, hereby amended by amending Chapter 12, Section 12-22, which is repealed in its
entirety and is replaced with a new Section 12-22 entitled "Legal disposal only" which shall
read as follows:
" Sec. 12-22. Legal disposal only.
All solid waste shall be disposed of by the methods hereinafter set forth. It shall be unlawful and
an offense to dispose of solid waste in any other manner. A person commits an offense if such
person places or throws any garbage, rubbish or bulky items on the streets or in the alleys of the
city at any time. No person shall throw or place any residential solid waste in any gutter or other
drainage facility within the city. Except for city law enforcement personnel, it shall be unlawful
for any person to scavenge or disturb any residential solid waste set out for collection without
permission of the person-in charge of the premises. The executive director of administration of
the city or the director's designee shall be empowered to issue citations for violations of the
provisions of this article."
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 Five
Hundred Dollars ($500.00) 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 APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 19th day of July, 2011.
Joe McCourry, Mayor
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Christie Wilson, City Secretary
APPROVED AS TO FORM:
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Jeff Moore, `City Attorney