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HomeMy WebLinkAboutORD 87-93 n ORDINANCE NO. 97- ENTITLED AN ORDINANCE AMENDING CHAPTER 7, SECTION 7-66 , "FRANCHISE REQUIRED; DEFINITION" AND CHAPTER 28, SECTION 28-36, "PRIVATE TRANSPORTATION OF REFUSE; FRANCHISE REQUIRED" ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 7, Section 7-66, of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended to read as follows: Section 7-66: It shall be unlawful for any person, partnership, association or corporation to provide commercial container garbage collection services in the city without first obtaining a franchise from the city. "Commercial Container Garbage Collection Services" is defined as the regular collection of the garbage from mechanically emptied "dumpster or roll-on"-type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law. Section 2. That Chapter 28, Section 28-36, of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 28-36• From and after April 1 , 1985, it shall be unlawful for any person, partnership, association, or corporation except the duly authorized agents or employees of the city to convey or transport garbage, trash, waste, or refuse which has been collected from within the limits of the City' s boundaries or streets, alleys or public thoroughfares of the city for a fee without a valid franchise granted and issued by the City of Beaumont. However, this provision shall not be held to apply to an individual person conveying trash, waste or refuse which has accumulated on premises owned or occupied by him so long as such person is in compliance with Section 38-29. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1 -8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _6&2L day of �.-- ` , 1987. Mayor - 2 -