ORD 1997-33 - Garbage - Refuse Collection Mandatory 11-25-1997ORDINANCE NO. 97.33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
REQUIRING ALL RESIDENTS AND BUSINESSES IN THE CITY TO USE THE CITY'S
GARBAGE AND REFUSE COLLECTION SERVICES; PROVIDING A FINE OF UP TO
$1,000 PER DAY FOR FAILURE TO PAY THE CHARGES FOR SUCH SERVICES;
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS
ORDINANCE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED
THERETO
WHEREAS The City Council has determined that the public health and safety requires that all
businesses and residents of the City use the garbage and refuse collection system of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: Title 14, Garbage, Refuse and Rubbish of the Code of Ordinances of the City of Huntsville,
Texas, is hereby amended by the adoption of a new section 14.05.04 as follows:
14.05.04. Billing; Necessity - refusal to pay.
1. A person commits an offense if the person occupies a home or operates a business in the City and the
person refuses to avail themselves of the garbage and refuse collection service provided by the City itself,
or through its contractors or franchisees.
2. A person commits an offense if the person occupies a home or operates a business in the City and the
person refuses to pay the charges for such service as established by the City Council
3. An offense under this section shall be punishable by a fine not less than $25 nor more than $1,000,
and each day that such offense continues shall be a separate offense.
SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to
comply with any requirement of the ordinance will be guilty of a misdemeanor and subject
to a fine of up to one thousand ($1,000.00) dollars upon conviction. Each day during or
upon which a person shall violate or continue violation of any provision of this ordinance
shall constitute a distinct and separate offense. The violation of any provision of the
ordinance or the failure to comply with any requirement of this ordinance shall each
constitute a distinct and separate offense. Texas Local Government Code § 53.001 and
§ 54.001.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect any of the remaining provisions of
this ordinance.
SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The
City Secretary shall publish the caption of this ordinance in the official City newspaper at
least twice within ten (10) days of its passage. Texas Local Government Code § 52.013.
PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 1997.
THE CITY OF H NTSVILLE
by William B. Green, Mayor
AT T:
Danna Welter, City Secretary