O-2211-9-03ORDINANCE NO. 2211-9-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6, "HEALTH AND ENVIRONMENT," BY AMENDING SECTION 6-51
BY ADDING A DEFINITION FOR HOUSEHOLD HAZARDOUS WASTE AND BY
AMENDING SECTION 6-52 BY ADDING A HOUSEHOLD HAZARDOUS WASTE
CHARGE AND AMENDING SECTION 6-55 TO PROHIBIT THE UNLAWFUL
DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE AND AMENDING SECTION
6-57 TO ESTABLISH SERVICES FOR THE COLLECTION OF RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City finds it necessary to promote the environment and provide for the general health, safety
and welfare of its citizens, the City finds it necessary to establish a household hazardous waste collection
program; and,
WHEREAS, it is in the best interest of the citizens to establish regulations to prohibit the dumping of
household hazardous waste into the City's sanitary sewer and storm water systems; and,
t WHEREAS, the City finds that a household hazardous waste collection program will assist residents in the
proper disposal of household hazardous waste and promote recycling.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
amending Section 6-51, "Definitions," to read as follows:
Household Hazardous Waste (HHW) shall mean chemicals typically used to maintain a residential
customer's home, yard, and private vehicles. HHW does not include: any amount of chemicals or hazardous
waste generated by businesses, home -operated businesses, or hobbies; substances that are regulated by the
federal government, including, but not limited to, asbestos, ammunition, explosives, gunpowder, biohazards,
mercury, arsenic, photographic processing chemicals, expired medication, nuclear/radioactive materials,
electronic waste; or any HHW-qualifying chemicals in quantities exceeding typical residential quantities,
typically limited to less than five gallons. Unidentified chemicals are not accepted by the City of Allen as
HHW.
SECTION 2. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
amending Section 6-52 to read m follows:
"Sec. 6-52. Collections, household hazardous waste, and recycling services mandatory; fees.
(a) All residential and commercial establishments within the city shall be required to use the
solid waste disposal and recycling services provided by the city; all single-family residential accounts
receiving monthly bills for solid waste services shall he required to use the household hazardous waste
services provided by the city; and pay the solid waste collection, recycling, and household hazardous waste
charges established by resolution of the City Council from time to time.
SECTION 3. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
amending Section 6-55(b) to read verbatim as follows:
(b) No person shall dump, throw or place any garbage, rubbish, refuse, junk, ashes, filth, waste
paper, weeds, grass cuttings, household hazardous waste, rock or other matter of whatever kind in or on any
public street, alley, storm sewer, drainage structure, drainage channel or other public property.
SECTION 4. The Code of Ordinances of the City of Allen, Collin County, Texas, is hereby amended by
amending Section 6-57, "Frequency of Collection" to read verbatim as follows:
" Sec. 6-57. Frequency of Collection.
' (a) Solid waste collection and recycling services shall be provided one (1) time weekly or as
often as necessary as determined by the city manager or designee.
(b) Residential Household Hazardous Waste services shall be provided on a call-in basis and
scheduled for curbside or alley side pick-up at the residence requesting the service. This pick-up frequency
may be changed by the City Manager or designee. The City is not licensed to operate a drop-off HHW
collection program."
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 6. All provisions of the Code of Ordinances of the City of Allen, Texas, in conflict with the
provisions of this Ordinance, be, and the same are hereby, repealed, and all other provisions not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 8. Any person, firm or corporation violating any of the provisions of this Ordinance or of the
Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in
the municipal court of the City of Allen, Texas, shall be subject to a fine not to exceed the sum of Two
Thousand Dollars ($2000) for each offense, and each and every day said violation is continued shall constitute
a separate offense.
Ordinance No. 2211-9-03, Page 2
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SECTION 9. This Ordinance shall take effect immediately from and after its passage, and publication of
the caption, as the law and charter in such cases provide; and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TRIS THE 9TH DAY OF SEPTEMBER, 2003.
APPROVED:
Stephen Tfrrell, MAYO
APPROVED AS TO FORM: ATTEST:
Pe er G. Smith, cM ATTORNEY Shelley B. GeorgCYRMC, CITYCRETARY
Ordinance No. 2211.9-03, Page 3