ORD 2004-03TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ESTABLISHING REGULATIONS TO PROHIBIT THE SCAVENGING
OF REFUSE; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR DEFINITIONS; PROHIBITING THE SCAVENGING
OF DISCARDED MATERIALS; PROVIDING EXCEPTIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Town Council of the Town of Trophy Club is authorized to enact
ordinances for the good governance of the Town; and
WHEREAS, the Town recognizes that identity theft is on the rise, is a major concern,
and that information used by identity thieves is sometimes obtained from discarded rubbish; and
WHEREAS, the Town finds it necessary and beneficial to the public welfare to adopt
regulations prohibiting scavenging from garbage cans, trash or rubbish with the Town Limits,
WHEREAS, the Town further finds that the regulations adopted herein are in the best
interest of the health, safety and general welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
DEFINITIONS
Discarded Materials shall mean recyclable items, reusable items, household trash,
garbage, and/or debris as defined in the Town's Trash Ordinance.
SECTION 3.
SCAVENGING DISCARDED MATERIAL PROHIBITED
Except as specifically provided herein, no person, other than the current resident, current
occupant or current owner of the property on which Discarded Materials are placed for collection
or a certified peace officer acting in his or her official capacity shall open, remove, pick up,
search through, or transfer Discarded Materials directly from the curbside when such Discarded
Materials are contained within a closed plastic bag, box, garbage receptacle or any other closed
or sealed container left at curbside for collection and removal by a carrier authorized to remove
Discarded Materials within the Town of Trophy Club.
SECTION 4.
EXCEPTIONS
4.01 Exception Applicable to Authorized Refuse Collection Carriers. A carrier, including
its agents, representatives, and employees, authorized to remove Discarded Materials within the
Town may remove, pick up, or transfer Discarded Materials directly from the curbside as
authorized in such carrier's contract or franchise with the Town. A carrier shall not open any
sealed garbage receptacle except to the extent necessary to remove the Discarded Material from
the receptacle and place those materials directly into his or her disposal machinery and in
accordance with the carriers contract or franchise with the Town. A carrier shall not search
through closed bags, boxes, or other trash receptacles.
4.02 General Exceptions.
(A) Permission. It shall be an exception to the prohibition contained in this Ordinance
that a person other than the current resident, occupant, or owner of the property on
which Discarded Materials are contained has the permission of such current resident,
occupant or owner of the property to remove or search through a closed or sealed
plastic bag, box, garbage receptacle or any other closed or sealed container.
(B) Open or Unsealed Containers. It shall be an exception to the prohibition contained
in this Ordinance for a person other than the current resident, occupant, or owner of
the property to remove Discarded Materials which are not contained within a sealed
plastic bag, box, garbage receptacle or any other closed or sealed container.
SECTION 5.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 6.
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 7.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to any
and all violations of the provisions of any Ordinances prohibiting scavenging through trash have
accrued 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 8.
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 of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 9.
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 10.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 11.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage, in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Cou of t e Town phy Club, Texas
this 19`x' day of January, 2004.
Effective Date: January 24, 2004
ATTEST:
[jJJ} fr�
i F F r f
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
Town of Trophy Club, Texas