ORD 2012-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED "PUBLIC WORKS", ARTICLE I, ENTITLED
"REFUSE, RECYCLABLE, AND HAZARDOUS WASTE MATERIALS",
BY AMENDING VARIOUS SECTIONS AND SUBSECTIONS FOR THE
PURPOSE OF REGULATING REFUSE COLLECTION WITHIN THE
TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS TO SECTION 1.01 ENTITLED
"DEFINITIONS", SECTION 1.02 ENTITLED "DUTIES OF A
RESIDENTIAL CUSTOMER", SECTION 1.03 ENTITLED RESIDENTIAL
COLLECTION OF BRUSH; SECTION 1.06 ENTITLED "REMOVAL OF
DEBRIS"; AND SECTION 1.09 ENTITLED "PROHIBITED ACTS";
PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS;
PROVIDING SEVERABILITY; PROVIDING A PENAL TV IN AN AMOUNT
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas ("Town") is
empowered under the Texas Health and Safety Code and the Texas Local Government
Code to adopt provisions to regulate the disposition of refuse, recyclable, and
hazardous waste materials within the Town;
WHEREAS, the Town has adopted regulations governing the collection of refuse,
recyclable materials and hazardous materials which are codified in Article I entitled
"Refuse, Recyclable, and Hazardous Waste Materials" of Chapter 11 entitled "Public
Works" of the Code of Ordinances of the Town; and
WHEREAS, the Town Council has determined it necessary to make various
amendments to Article I to reflect the standards for collection of refuse, recyclable and
hazardous materials which are set forth in the Town's agreement with the vendor
providing solid waste and recyclable collection and disposal services within the Town;
and
WHEREAS, it is the desire of the Town to amend Article I of Chapter 11 to adopt
new requirements and standards for the disposition of refuse, recyclable, and
hazardous waste materials in order to protect the health and safety of the citizens of the
Town of Trophy Club.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this
Ordinance as if copied herein in its entirety.
SECTION 2.
DEFINITIONS
2.01 Section 1.01 entitled "Definitions" of Article I entitled "Refuse, Recyclable, and
Hazardous Waste Materials" of Chapter 11 entitled "Public Works" of the Code of
Ordinances is hereby amended so that the term "Debris" currently listed in alphabetical
order under Section 1.01 is repealed and a new definition for the term "Construction
Debris" is hereby adopted, placed in alphabetical order within Section 1.01, and shall be
and read in its entirety as follows:
1.01 Definitions
"Construction Debris: Dirt, concrete, rocks, bricks or other waste building
materials."
2.02 Section 1.01 entitled "Definitions" of Article I entitled "Refuse, Recyclable, and
Hazardous Waste Materials" of Chapter 11 entitled "Public Works" of the Code of
Ordinances is hereby amended so that the term "Refuse Container" currently listed in
alphabetical order under Section 1.01 is repealed and a new definition for the term
"Refuse Container" is hereby adopted, placed in alphabetical order within Section 1.01,
and shall be and read in its entirety as follows:
1.01 Definitions
"Refuse Container: Any plastic bag, cardboard, metal or wooden box
having no outside dimension of more than four (4) feet or any portable,
closed, waterproof, plastic container with a capacity or volume of fifty (50)
gallons or less; which is capable of containing refuse without leaking or
emitting odors, that does not allow items to be scattered, and which
weighs, when loaded, less than fifty (50) pounds per container and which
is placed at curbside for removal. All refuse placed within plastic
containers shall first be placed in a plastic bag, cardboard, metal, or wood
box."
ORO 2012-17 Page 2 of6
2.03 Paragraph E of Section 1.02 entitled "Duties of a Residential Customer" of Article
I entitled "Refuse, Recyclable, and Hazardous Waste Materials" of Chapter 11 entitled
"Public Works" of the Code of Ordinances of the Town of Trophy Club, Texas is hereby
repealed in its entirety and a new Section 1.02 (E) is hereby adopted and shall be and
read in its entirety as follows:
1.02 Duties Of Residential Customer
It shall be the duty of each residential customer to place refuse and
recyclable materials as follows:
"E. Refuse and all items included for residential collection shall be placed
at curbside at the resident's street address in Refuse Containers and
shall be placed and maintained in such a manner as to prevent
Refuse from being scattered. Refuse placed inside of an allowed
cardboard, metal or wooden box, or plastic container shall be bagged
in a plastic bag, and no loose trash shall be placed in a cardboard,
metal or wooden box, or a plastic container."
2.04 Section 1.03 entitled "Residential Collection of Brush" of Article I entitled "Refuse,
Recyclable, and Hazardous Waste Materials" of Chapter 11 entitled "Public Works" of
the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its
entirety and a new Section 1.03 entitled "Residential Collection of Brush" is hereby
adopted and shall be and read in its entirety as follows:
1.03 Residential Collection of Brush
"Brush that is of such a nature that it cannot be placed in refuse container
shall be cut in lengths not to exceed four (4) feet and shall be trimmed,
stacked, tied and placed at curbside to a height of not more than three (3)
feet and a weight not to exceed fifty (50) pounds per bundle. All Brush
that is of such nature that it may be placed in a Refuse Container,
including without limitation all vines and thorny bushes, shall be placed in
a plastic bag prior to placement in a Refuse Container, and no loose
Brush shall be placed in a cardboard, metal or wooden box, or plastic
container. A resident may receive a special pick-up upon request made
through the Town's approved franchise vendor. A fee based upon
quantity and volume may be assessed in accordance with the approved
vendor's fee schedule in effect at the time."
2.05 Section 1.06 entitled "Removal of Debris" of Article I entitled "Refuse, Recyclable,
and Hazardous Waste Materials" of Chapter 11 entitled "Public Works" of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a
new Section 1.06 entitled "Removal of Construction Debris" is hereby adopted and shall
be and read in its entirety as follows:
ORD 2012-17 Page 3 of6
"1.06 Removal Of Construction Debris
Construction Debris, as that term is defined herein, or other Refuse
resulting from preparation for construction, construction, major
remodeling, or general cleanup of property, or sizeable amounts of Refuse
due to construction, construction preparation, remodel, or general cleanup
of property, will not be removed by the Town as regular service. The
property owner shall have such Construction Debris removed at his/her
expense. A property owner may request a pick-up from the Town's
approved franchise vendor for the removal of Construction Debris. A fee
for such service may be assessed in accordance with the approved
vendor's fee schedule in effect at the time."
2.06 Paragraph F of Section 1.09 entitled "Prohibited Acts" of Article I entitled "Refuse,
Recyclable, and Hazardous Waste Materials" of Chapter 11 entitled "Public Works" of
the Code of Ordinances of the Town of Trophy Club, Texas is hereby repealed in its
entirety and a new Section 1.09 (F) is hereby adopted and shall be and read in its
entirety as follows:
1.09 Prohibited Acts
"F. It shall be unlawful for a person to allow or cause the dumping of any
Construction Debris or other Refuse, including without limitation that produced as
a result of major remodeling or general cleanup of property, at any location within
the Town of Trophy Club."
SECTION 3.
CUMULATIVE; REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town and shall
not repeal any of the provisions of such ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding
the foregoing, 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 such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
ORO 2012-17 Page 4 of6
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing the disposition of refuse, recyclable, and hazardous waste materials which
have secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to 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 this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
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 provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) and not 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.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
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SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 4th day of September, 2012.
ATTEST:
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORD 2012-17
o6rulie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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