Ordinance 2011-26 ORDINANCE N0. 2011-26
�� AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 98 (SOLID WASTE), ARTICLE II (COLLECTION AND
DISPOSAL) OF THE CITY OF WYLIE'S CODE OF ORDINANCES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; 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
previously adopted Ordinance No. 83-50 of the City of Wylie ("Wylie") establishing regulations
governing garbage and refuse in the City of Wylie, Texas; and
WHEREAS, these requirements were codified at Chapter 98 (Solid Waste), Article II
(Collection and Disposal) in the Wylie Code of Ordinances; and
WHEREAS, the City Council has investigated and determined that it is necessary to
amend Chapter 98 (Solid Waste), Article II (Collection and Disposal) of the Wylie Code of
Ordinances which will benefit the public health, safety and welfare of the citizens of the City of
Wylie; and
� WHEREAS, Wylie intends to increase waste diversion, reduce landfill usage and meet
the City's green and sustainability goals and objectives; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie, Texas to provide for a method of collecting
and disposing of refuse and to maintain neighborhood quality aesthetics and maintenance of
property values by providing for the general health and welfare of the City of Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, THAT:
SECTION 1: Findin�s. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendin�Chapter 98 (Solid Waste), Article II (Collection and Disposal)
of the Wylie Code of Ordinances. Amendment to Chapter 98 (Solid Waste), Article II
(Collection and Disposal) of the Wylie Code of Ordinances is hereby amended to read as
follows:
����� "Sec. 98-21. Residential collection—Regulations.
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Amending Chapter 98(Solid Waste),Article II(Collection and Disposal) Page 1
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(a) Collection of regular garbage, rubbish and brush shall occur one (1) time
per week in accordance with the terms of the Solid Waste Contract.
(d) Brush or bulky waste shall not be placed for regular solid waste pick up.
Brush or bulky waste shall be placed and collected in accordance with the terms
of the solid waste contract.
Sec. 98-23 Commercial collection—Regulations.
The contractor shall provide commercial containers. Collection shall occur as
agreed upon by the contractor and the customer in accordance to the Solid Waste
Contract entered into between the parties.
Sec. 98-30 Private Incinerators.
(a) Private incinerators shall not be used to burn solid waste on property
zoned and/or used for single or multi-family residential purposes.
(b) (repealed)
Sec. 98-51 Receptacles for Solid Waste.
(a) Every owner, tenant or occupant shall use the receptacle provided by the
contractor for solid waste collection and disposal.
(b) Brush in excess of what can fit in the receptacle provided by the contractor
shall be scheduled for bulk pickup and should be bundled or tied together forming an
easily handled package not exceeding four(4) feet in length, or fifty (50) pounds.
Sec. 98-52 Commercial container concrete pads.
(a) All concrete pads for commercial solid waste containers shall comply with
the Wylie Comprehensive Zoning Ordinance.
»
SECTION 3: Penaltv Provision. Any person, firm, corporation or entity that violates
this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
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Amending Chapter 98(Solid Waste),Article II(Collection and Disposal) Page 2
599218.1
fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public
health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars
($500.00). Each continuing day's violation shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude the 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: Savin s��/Repealin C� lause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; 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 violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severabilitv. 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 any one or more
�"�"" sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
passage and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 8th day of November, 2011.
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Eric Hogue, M r
ATTESTED AND
co�cTLY �co� . pF yVp
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`'�.�v*'�'r 1t�'
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Caro e Ehrlich, C' y ecretary , '
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DATES OFPUBLICATION: Wednesdav.November 16`".2011
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