Ordinance 1995-18
ANTI-SCAVENGING ORDINANCE
ORDINANCE NO. tiS- /8
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WYLIE, TEXAS, CHAPTER 7, BY ADDING SECTION 10.00 WHICH PROHIBITS THE
SCAVENGING OF RECYCLABLE MATERIALS FROM RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL AREAS WITHIN THE CORPORATE LIMITS; PROVIDING FOR
THE ENFORCEMENT OF THIS ORDINANCE AND FOR A PENALTY FOR THE
VIOLATION THEREOF; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
.ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it is necessary and in the best interest of the citizens of the
City of Wylie ("Wylie"), and will be for the purpose of benefiting the public generally, to
prohibit the scavenging of recyclable materials from residential, commercial and industrial
areas in the corporate limits;
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to amend Chapter 7 of Wylie's Code of
Ordinances by adding Section 10.00.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That Wylie's Code of Ordinances Chapter 7 is hereby amended to
include the following new section:
ANTI-SCAVENGING ORDINANCE - Page 1
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S 1 0.00 SCAVENGING OF RECYCLABLE MATERIALS FROM
RESIDENTIAL. COMMERCIAL AND INDUSTRIAL
AREAS WITHIN THE CORPORATE CITY LIMITS
10.01 Scavenging of Recyclable Materials Unlawful
No person or persons, other than the
current resident of the property on which
the items are placed, or an authorized
carrier, shall remove, pickup, or transfer
recyclable materials left at curbside in any
residential subdivision, at curbside at any
single family residence, or in a dumpster
designated for recycling at a commercial or
industrial place of business. Materials
placed in either specifically marked
recovery containers or any other type of
container are to be picked up by a
designated carrier for the purpose of
removal of recyclable materials. Materials
referred to, and to be left in specifically
marked containers, will include recyclable
materials included in the City's recycling
program.
10.02 Penalty for Violations
Any person, firm, corporation or business
entity violating this Section shall be
deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined any sum
not exceeding Five Hundred Dollars
($500.00). Each removal of an item or
items from a residential subdivision
residence location or a single family
residence location or a commercial or
industrial location shall constitute a
separate violation of this ordinance. Each
continuing day's violation under this
Ordinance shall constitute a separate
offense.
SECTION 2: Wylie's Code of Ordinances shall remain in full force and effect,
save and except as amended by this or any other Ordinance.
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SECTION 3: The penal provisions imposed under this Ordinance shall not preclude
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 4: All provisions of any ordinance in conflict with this Ordinance are
hereby repealed; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
yiolation if occurring prior to the repeal of the ordinance.
SECTION 5: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 6: The caption of this Ordinance shall be published in accordance with the
laws of the State of Texas and in compliance with the City Charter of Wylie, and shall be
effective immediately upon its passage and publication.
DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 1ItL day of
~
, 1995.
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ATTESTED TO AND
CORRECTL Y RECORDED BY:
~-1J~
MARY IC OLS,
City Secretary
Date of Publication:
APPROVED AS TO FORM:
ABE~TSON
& JOPLIN, P.C.
D. KAY WOODS
City Attorney
, Wylie News
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� ` `\�
THE WYLI 1\�iWS P.O. Box 369 R'_ylie, Texas 75098
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STATE OF' TEXAS �
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the forgoing attached
CI7Y OF �IyL1� - Ondi.nance N�. 95-25; Otcdi.nance N�. 95-22; Ondi.v�.ance Na. 95-23;
�nd,i.n.anc e Na . 9 5 l�' Ond.i,nanc e No : 9 5-12; �ndi.nance Na . 9 5- l G; Otcd,i. nance N� . 9 5- i 3;
On "nance
Oc.tabetc 4 , 1995 and ,1995.
�
Chad ngbrock
Subscribed an3 sworn to before me this the day of _ __ _ ,1995
to certify whic� witness my hand and seal of office.
_ — ,.... ►- .
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MpR�`� p�bllc
,.� ',�,�� Npt3�Y �8Xa8
�?,' o • c `�� t8 ot Og-2
t. � �Gom E ;
i �r m�� S�
Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
AN'I'I-SCAVENGING ORDINANCE
�Ri}INANCE NO. 95-18
AN ORDTNA,�E AMENDING THE
CODE OF OIi`DINANCES OF THE
CTTY QF yVYLIE, TEXAS, CHAPTEit
7, BY ADD3NG SECTION 10.00
��CH,�UHIB1'1'S THE SCAVENG-
ING OF-�y�t,ABLE MATERIALS
F?R(aM RE3IDENTIAL, COMMER-
CIAL AND'INDUSTRIAL AREAS
�jN T� C01�ORATE LIMITS;
PROYIDING;FOR THE ENFORC$-
MfiiVT Q�? T ORDINANCE AND
�R °�`�Ai%'T'1' FOR THE VIOLA-
TION THFREOF; PROVIDING FOR
REPEALIN(3, SAVINGS AND SEV-
ER�'�BILITY'CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE
GAPt'f(,1N HEREOR
18-1 t-339