ORD 1986-11E P E A L E
ORDINANCE NO. 86-11
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. o 86-.11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REGULATING THE DISPOSAL OF TRASH, REFUSE AND
GARBAGE; PROVIDING DEFINITIONS; PROHIBITING THE DEPOSIT
OF TRASH, REFUSE AND GARBAGE ONTO PUBLIC AND PRIVATE
AREAS WITHIN THE CITY; REQUIRING THAT CONSTRUCTION
WASTE BE REMOVED AT THE OWNER'S EXPENSE; REQUIRING
PERSONS OCCUPYING A RESIDENCE AND PERSONS OWNING,
OPERATING OR OCCUPYING ANY PUBLIC, COMMERCIAL,
INDUSTRIAL OR OTHER BUSINESS ESTABLISHMENT TO PROVIDE
REFUSE BAGS OR MECHANICAL GARBAGE CONTAINERS FOR
DISPOSAL OF TRASH AND REFUSE; REQUIRING THAT SUCH
REFUSE BAGS OR MECHANICAL GARBAGE CONTAINERS BE
CLOSED OR COVERED; DECLARING A NUISANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, (the
"Town") is empowered, pursuant to articles 101.1. and 1015, Texas Revised Civil
Statutes (Vernon), as amended, to enact ordinances for the peace, order, health,
safety and welfare of the Town; and
WHEREAS, the Town Council finds that there has been an increase in
improper dumping and disposal of garbage, trash and other refuse within the Town;
and
WHEREAS, the Town Council finds that regulation of the disposal of garbage,
trash and other refuse within the Town is in the best interest of tlhe public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation. That all of the above premises are found to be true
and correct and are incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. Definitions. The following terms shall have the respective
meanings ascribed to them:
A. "Garbage" means all animal or vegetable matter, such as waste
material, refuse and other deleterious substances from kitchens, residences, grocery
stores, butcher shops, restaurants, cafes, hotels, rooming and boarding houses or
other commercial businesses.
B. "Refuse" means all garbage, trash and rubbish.
C. "Refuse bag" means a plastic or paper bag or sack type container that
is designed and sold for the purpose of placing garbage, trash or refuse in it for
disposal.
D. "Trash" means rubbish, crates, cloth, rags, paper, leaves, flowers,
lawn cuttings free from rock and earth, tin cans and tree trimmings.
Section 3. Throwing container of garbage into public places prohibited.
It shall be unlawful for any person to throw, deposit or scatter into or onto
any public highway, street, alley, sidewalk or other public place or property within
the Town the contents of any can, box, bale, bundle, sack or other container of
garbage or trash, or any concrete, glass, nails, hooks, tacks, wire or other substance
likely to injure any person, animal or vehicle.
Section 4. Depositing arba e on private property without permission
prohibited.
It shall be unlawful for any person to throw or deposit into or onto any
private property, not belonging to or under the control of such person, any can, box,
bale, bundle, sack or other kind of garbage or trash or any concrete, glass, nails,
hooks, tacks, wire or other substance likely to injure any person, animal or vehicle.
Section 5. Waste from building construction.
Rock, waste, concrete, wood, scrap building materials or other trash resulting
from construction of any structure within the Town, including but not limited to
buildings of any type, or remodeling of any structure shall be removed at the
expense of the owner of the property upon which the construction took place.
Section 6. Garbage cans and receptacles.
A. It shall be the mandatory duty of every person occupying a residence
to place or cause to be placed in refuse bags, and of every owner, agent, lessee,
occupant or person in charge of any public, commercial, business or industrial
establishment in the Town to place or cause to be placed in refuse bags or
mechanical garbage containers, all garbage and trash which may accumulate upon
their premises.
B. Refuse bags shall at all times be kept secure and closed so that flies
and other insects may not have access to the contents thereof, and shall remain
closed except while the refuse bag is being filled. The doors or covers of all
mechanical garbage containers shall at all times be kept secure and fastened so that
flies and other insects may not have access to the contents thereof, and such doors
or covers shall not be opened except while the containers are being filled or emptied.
C. It shall be the duty of each person to keep and maintain any
receptacle for garbage, trash or refuse in such a manner that it shall not become or
constitute a public nuisance.
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D. All animal matter that is subject to decomposition shall be well
wrapped in paper or other combustible material before being deposited in a garbage
or refuse receptacle.
Section 6. Nuisance.
Whatever is dangerous to human life or health, or whatever renders the
ground, water, air or food a hazard or is likely to cause injury to human life or
health, or that is offensive to the senses or that is or threatens to become
detrimental to the public health, is hereby declared to be a nuisance. The specific
acts conditions and things prohibited in this ordinance are, among others, each
hereby declared to be nuisances and against the general health, safety and welfare
and the same are hereby made unlawful.
Section 7. Severability.
If any section, article, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto 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 the ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
Section 8. Penalty.
Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a
sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
Section 9. Emergency.
'The fact that the present ordinances and regulations of the Town of Trophy
Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace,
and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates
an emergency for the immediate preservation of the public business, property,
health, safety, and general welfare of the public which requires that this ordinance
become effective from and after the date of its passage and it is accordingly so
ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 14 day of April , 1986.
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ATTEST:
i
(ovw-ri' :ereta y, Town of Trophy Club,
Texas
[SEAL]
APPROVED AS TO FORM:
To Attorney, Town of Trophy Club,
Texas
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