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Ord 851 Amending Chapter 74 Solid Waste TOWN OF WESTLAKE ORDINANCE NO. 851 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 74 TITLED "SOLID WASTE" BY DELETING CHAPTER 74, AND REPLACING IT WITH CHAPTER 74 "SOLID WASTE"; PROVIDING FOR BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR REFUSE COLLECTION SERVICE; BY PROVIDING FOR DISPOSAL OR REMOVAL OF SOLID WASTE; PROVIDING FOR TRASH CANS AND RECEPTACLES; PROHIBITING SANITARY LANDFILLS, PROHIBITING NUISANCES; PROVIDING FOR REQUIREMENTS FOR RESIDENTIAL COLLECTION; PROVIDING FOR FRANCHISE OR LICENSE REQUIRED; PROVIDING FOR FEES; PROVIDING FOR COMMERCIAL SOLID WASTE REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that there be appropriate regulations for the proper disposal of trash; and WHEREAS, the Town Council of the Town of Westlake find it necessary for the public health, safety and welfare that there be appropriate regulation regarding the people and companies that remove and transport waste utilizing Town rights-of-way; and WHEREAS, the Town has the ownership of and responsibility for the waste stream and appropriate regulations are required under state and federal law; and WHEREAS, upon the recommendation of the Town staff, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the previous Chapter 74 "Solid Waste" should be deleted and the following Chapter 74 "Solid Waste" should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 74, "Solid Waste" is amended by deleting the current Chapter 74 "Solid Waste" and replacing it with Chapter 74 "Solid Waste" set forth as follows: Ordinance 851 Page I of 13 CHAPTER 74 SOLID WASTE ARTICLE I GENERAL REQUIREMENTS Sec. 74-1 Definitions. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: In this article: Bulk cardboard means cardboard of a quantity or size that cannot be fitted inside a container or cart and that is free of any contents or material. Bulky waste means large discarded items from residences within the Town., such as appliances, furniture, household equipment, up to four (4) cubic yards of construction and demolition waste from do-it-yourself home projects, and other items too large for the cart. Cart means an approved rolling, molded plastic container, equipped with a lid, capable of holding not more than 95 gallons, and designed to be collected by an automated collection vehicle. Commercial property means real property that is not a residential property. Commercial solid waste means any solid waste generated from any improved real property other than improved real property used for single- or two-family dwellings. Commercial solid waste includes industrial waste and construction and demolition waste. Commercial solid waste customer means the owner or lessee of commercial property or of residential property with respect to the collection of construction and demolition waste. Commercial solid waste operator means any person who collects, hauls, or transports commercial solid waste industrial solid waste, or residential construction debris for a fee by use of a motor vehicle. Construction and demolition waste means waste resulting from construction or demolition projects, which includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures. Such materials may include paper, cartons, gypsum board, wood, excelsior, rubber, and plastic. Container means a receptacle designed to contain solid waste. For soft recyclables, a container includes a Town-supplied bag or customer-owned bag, box or bin. Disposal means the discharging, depositing, injecting, dumping, spilling, leaking, or placing of solid waste or hazardous waste, whether containerized or uncontainerized, into or on land or water so that the solid waste or hazardous waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner. Franchisee or franchised waste provider means the solid waste operator holding and exclusive franchise from the Town to collect and dispose of residential and commercial solid waste. Garbage means solid waste animal or waste materials from the handling, preparation, cooking or consumption of produce, food or other biodegradable matter Hazardous waste means any waste identified or listed as hazardous waste by any state or federal agency. Ordinance 851 Page 2 of 13 Household or Residential hazardous waste means hazardous waste generated by or from a residential property. A list of residential or household hazardous waste items designated to be collected from a residential property may be available from the Town. Industrial solid waste has the meaning as defined in Texas Health and Safety Code, Ch. 361, as amended. Industrial solid waste means solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. llllunicipal solid waste means solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste. Person means an individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Pick-up day means a day scheduled by the Town for pick-up of trash bags for a portion of the Town that includes the residence, public, commercial, industrial, or other business establishment in question, as published by the Town in the official Town newspaper or other method of providing notice approved by state law, on the official Town website or in any other manner designed to provide notice. Radioactive waste means waste that requires specific licensing under the Texas Health and Safety Code, chapter 401 and the rules adopted by the Texas Commission on Environmental Quality. Recyclable material means a material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Although recyclable material is not solid waste, it may become solid waste if it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect to the party actually abandoning or disposing of the material. Recycling means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use. Refrigerant means a Class I or Class II substance as listed in 42 U.S.C. Section 7671 a and rules adopted under that section, as amended. Residential property means seal property containing a building designed for use as a single- or a two-family residence. Residential waste means solid waste generated from a residential property that can be enclosed in a container designed for solid waste. Residential waste does not include bulk building materials or construction debris. Sanitary landfill means a controlled area of land on which solid waste is disposed of in accordance with standards,rules, or orders established by the commission. Soft recyclables means men's, women's and children's clothing, coats and jackets, jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes/curtains, pillows, sleeping bags, small furniture, small appliances, irons, radios, lamps, hairdryers, tools, microwaves, coffee makers, silverware, dishes, pots, pans, glasses and backpacks. Ordinance 851 Page 3 of 13 Solid waste shall be defined broadly to include: (a) all garbage, rubbish, refuse or other solid waste materials normally generated from commercial or residential properties other than recyclable material, hazardous waste generated by commercial solid waste customers, domestic septage, grease trap waste, grit trap waste, lint trap waste, or sand trap waste; (b) for residential properties, solid waste may include residential waste, garbage, dead animals, bulky waste, green waste, recyclable material, and residential hazardous waste as well as the state law definition in Health and Safety Code section 361.003, which provides that solid waste means garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term: (1) does not include: (i) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Chapter 26, Water Code; (ii) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (iii) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Section 91.101, Natural Resources Code; and (2) does include hazardous substances, for the purposes of Health and Safety Code Sections 361.271 through 361.277, 361.280, and 361.343 through 361.345. Temporary means thirty (30) days or less. Temporary cons17'110ion and demolition ivasle means construction and demolition waste from a project that does not exceed 30 days Trash means all garbage, refuse, rubbish, waste, junk, debris, rubble, ruins, scrap, leavings, remnants, residue, soil or litter. Trash bag means a plastic bag or sack container that is designed and sold for the purpose of placing trash in it for disposal. Taste has the same definition as solid tii,aste. FVeeds means all rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes, or vermin. See. 74-2 Refuse collection service; requirement for franchise or license. (a) The Town has the ownership interest in the waste stream and the right and responsibility to properly regulate it. (b) The town may entered into an agreement with a private refuse collection service to collect garbage, trash and rubbish from the residents of the town by emptying or collecting garbage cans, trash receptacles, or containers, and transporting the residential waste to a sanitary landfill outside the corporate limits of the town. (c) Residential customers shall use a franchised waste provider. Ordinance 851 Page 4 of 13 Sec. 74-3 Disposal or removal of solid waste (a) It is unlawful for any person to transport any solid waste generated from any private real property and place that solid waste into a container located on public property owned or controlled by the Town without the Town's consent. (b) It is unlawful for any person to place solid waste into any solid waste container not owned by, rented to, or under the control of that person, unless the person placing the solid waste has the consent of the owner or person exercising control of the container. (c) It is unlawful for any person to transport solid waste from any place outside the Town limits to any place within the Town limits for the purpose of causing the same to be collected as residential solid waste by the Town. (d) It is unlawful for any person to intentionally, knowingly or recklessly scavenge from, search through, disturb, or remove any contents placed for collection by the Town and: (1) Located in a container, cart, bag, or other receptacle; or (2) Located on any public street, alley, parkway, right-of-way, or other public property. (e) It shall be unlawful for any person to dispose of or permit the disposal of any garbage, hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste on any land within the corporate limits or the extraterritorial jurisdiction of the Town except to place such waste in proper containers constructed of metal, plastic, rubber or paper and placed appropriately for collection by an authorized refuse collection service. (f) It shall be unlawful for any person to dispose of any hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste by placing any of said waste products in any receptacle, toilet, drain or other opening that would lead to a sanitary or storm sewer. (g) It is a defense to prosecution under this section that the person was authorized by the Town to collect the solid waste or the person owns or has the right to use the contents or solid waste container, cart, bag, or other receptacle. Sec. 74-4. -Building construction trash. Trash resulting from construction of any structure within the town, including but not limited to buildings of any type, or remodeling of any structure, shall be removed promptly at the expense of the owner of the property upon which the construction took place. All construction or building site dumpsters must be provided by the town's franchised or licensed waste collector[s]. Sec. 74-5. -Trash cans and receptacles. (a) It shall be the mandatory duty of every person occupying a residence to place or cause to be placed in trash bags, and of every owner, agent, lessee, occupant or person in charge of any public, commercial, business or industrial establishment in the town to place or cause to be placed in trash bags or mechanical trash containers, all trash that accumulates upon their premises; provided, however, that it shall be the mandatory duty of any person owning or having control over any property where construction requiring a building permit is taking place and where the construction is being performed in relation to a residential structure, garage, swimming pool, or building to be used for commercial, industrial or business purposes, prior to Ordinance 851 Page 5 of 13 the start of construction, to place upon the property a dumpster, provided by the Town's franchised or licensed waste collector, for purposes of depositing rock, waste, concrete, wood, earth, dirt, scrap building materials or other trash generated by the construction work therein. The dumpster must be placed, where possible, so as to be screened from public view and must be removed from the building site immediately upon the completion of construction. Except where the prior permission of the owner or person in control of a dumpster has been secured, it shall be an offense for any person to place or deposit or cause to be placed or deposited any trash into any dumpster required by this subsection when the dumpster is not under that person's ownership or control; provided, however, that it shall be presumed that a person who is not the owner of or does not have control over a dumpster and who deposits any trash into the dumpster did not have permission of the owner or person in control of the dumpster to make the deposit. (b) Trash bags at all times must be kept secure and closed so that flies and other insects may not have access to the contents thereof, and must remain closed except while the trash bag is being filled. The doors or covers of all mechanical trash containers must at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the doors or covers must not be opened except while the containers are being filled or emptied. (c) It shall be the duty of each person to keep and maintain any receptacle for trash in such a manner that it shall not become or constitute a public nuisance. Sec. 74-6. - Sanitary landfill prohibited. (a) It shall be unlawful for any person to operate a sanitary landfill. (b) It shall be unlawful for any person to operate a facility, landfill or unit for the disposal of hazardous waste, industrial solid waste, municipal solid waste, or radioactive waste, within the corporate limits or the extraterritorial jurisdiction of the town.. Sec. 74-7. - Exceptions. A person may burn, on one's own property, the following combustible waste materials: paper, cartons, wood, yard trimmings, leaves and similar materials, provided that such burning is in accordance with all federal, state, and county rules and regulations. Sec. 74-8. -Nuisance. Whatever is dangerous to human life or health, or whatever renders the ground, water, air or food a hazard or is likely to cause injury to human life or health, or that is offensive to the senses or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance. The specific acts, conditions and things prohibited in this chapter are, among others, each hereby declared to be nuisances and against the general health, safety and welfare and are hereby made unlawful. Sec. 74-9. - Composting. Notwithstanding any provision in this chapter to the contrary, composting within the guidelines established by the state is allowed so long as a nuisance, as defined in section 74-8 "Nuisance" is not created. Ordinance 851 Page 6 of 13 Sections 74-10 through 74-31 Reserved. ARTICLE II. —RESIDENTIAL Sec. 74-32.—Requirements for residential collection. (a) Customers. (1) Except for bulky waste, green waste, soft recyclables and bulk cardboard, customers must place all solid waste within a cart provided by the Franchisee. (2) Customers should contain all solid waste placed in carts used for garbage in plastic or paper bags to help prevent odors and the contents from blowing out of the container when the cart is being emptied. (3) Customers may not place hot ashes, car parts, or non-residential hazardous waste in a cart or at the curb for collection. (4) Customers may not place construction and demolition waste from a contractor project in a cart or at the curb for collection. (5) Customers must place the carts for solid waste collection at the base of the curb (where curbs exist) with the cart wheels against the curb. (6) Customers must place carts, containers, bags, green waste, bulk cardboard and all other solid waste in a manner that does not block sidewalks, that is not within three feet of a mailbox, parked car, or other fixed object, and that is clear of low hanging limbs and utility lines. (7) Customers may not place solid waste in a cart that exceeds the maximum weight rating capacity imprinted on the container. (8) Customers may not place carts, containers, bags, bulk cardboard, or solid waste out by the curb for collection earlier than 6:00 p.m. the evening before the day of collection and later than 7:00 a.m. of the day of collection. Customers must remove carts and containers from the curb no later than 8:00 a.m. on the morning following the day of collection. (9) Customers may place bulky waste that is less than three (3) feet by three (3) feet by six (6) feet with the regular trash pickup. The amount of waste for a regular pickup may not exceed seventy-five (75) pounds. (10) Customers must request a special pickup for household appliances or bulky waste in excess of the dimensions set out in subsection (9) above. If a special pickup is approved, customers must place the appliance(s), bulky waste or tree limbs out for collection for the designated date and in the manner required. The bulky waste must follow all franchise guidelines for pick-up. (11) Customers may place up to ten cubic yards of green waste to be collected on the scheduled collection day. (12) Customers can only receive a special pick up for refrigerators if the Customer arranges a special pick up from Franchisee and (i) All doors of a refrigerator or freezer are removed; and (ii) A tag is prominently displayed on the appliance issued by a person licensed to perform air conditioning and refrigeration work under Ordinance 851 Page 7 of 13 V.T.C.A., Ch. 1302, Texas Occupations Code, as amended, certifying that all refrigerants have been removed. (13) Customers must place all bulky waste, green waste, bulk cardboard and soft recyclables no farther than four feet from the curb for collection. (14) Customers must place all recyclables in recycling containers. (b) Town. The Town is not required to collect any residential solid waste that does not comply with the requirements of this section. Sec. 74-33. —Franchise required. (a) It is unlawful for any person, other than the Town to operate or cause any other person to operate a motor vehicle upon a public street in the Town for the purpose of collecting for compensation solid waste generated from residential property. (b) It is a defense to prosecution under this section that the person has a franchise with the Town or the consent of the Town to collect solid waste from residential property within the Town. (C) Only a franchised waste transporter or hauler shall transport residential waste. Sec. 74-34.—Fees and billing. Each residential property must pay a monthly fee as established by the Town Council for having available or receiving residential solid waste collection and removal services. The fee is billed monthly by the Town and is payable on the due date shown on the bill. The charge for residential solid waste service shown on a customer's monthly billing is not considered a separate billing from other Town services for purposes of determining delinquency. Should the customer fail to timely pay the total combined monthly bill for water, sewer, and residential solid waste collection, the Town may discontinue water service to the residential property in accordance with the provisions applicable to delinquent payments for water and sewer service. Sections 74-35 through 74-40 Reserved. ARTICLE III.—COMMERCIAL SOLID WASTE,LIQUID WASTE,AND RECYCLABLE MATERIALS OPERATORS Sec. 74-41 Requirements of Other Ordinances Not Waived Nothing in this Article shall be considered a waiver of the requirements of Chapter 36 and other Town requirements in regard to waste. Sec. 74-42. — Commercial solid waste requirements. C0177177ercial property. For each commercial property: (a) All commercial solid waste must be placed within the container approved by Town Manager or designee as required by chapter 36, unless the container requirements is waived as provided by chapter 36; (b) All commercial solid waste must be contained within the container to help prevent odors and the contents from escaping from the container; Ordinance 851 Page 8 of 13 (c) The area around the container must be kept clear of obstructions so that the exclusive franchisee may service the container; (d) Containers may not be modified or used for any purpose other than for disposal and collection of commercial solid waste; and (e) Containers must be located in a safe, accessible location that allows for adequate clearance for collection. Sec. 74-43. — Fees. Each commercial solid waste transporter must pay a monthly fee to the Town for use of streets, roadways and rights-of-way. Sec. 74-44. —License or franchise required. (a) Commercial solid waste operators collecting, transporting, or disposing of commercial solid waste or temporary construction and demolition waste within the Town's corporate limits for compensation must obtain a license from the Town under this article. (b) Liquid waste operators collecting, transporting, or disposing of liquid waste within the Town's corporate limits for compensation must obtain a license from the Town under this article. (c) Recyclable materials operators collecting, transporting, or disposing of recyclable material from commercial property within the Town's corporate limits for compensation must obtain a license from the Town under this article. (d) Notwithstanding the provisions in subsection 74-72(b) of this Code, the license is valid for a term beginning January 1 or upon issuance and ending December 31 annually, unless earlier revoked, for: (1) Recyclable materials operators; (2) Liquid waste operators; and (3) Commercial solid waste operators that collect, haul, transport, and dispose of temporary construction and demolition waste. (d) A License may be automatically renewed unless the terms of the License specify that it is not automatically renewed. (e) Any License subject to automatic renewal shall not be automatically renewed if notice is sent by the Town to the address provided by Licensee in Licensee's application that such automatic renewal is withdrawn (f) A person holding a franchise from the Town is exempt from the requirement of obtaining a License under this section. Sec. 74-45. —License application requirements. To obtain or renew a license under this article, the application must be made on forms provided by the Town for that purpose along with any initial or renewal application fee. The application requires that the applicant: (a) State the name under which the operator conducts business, the business address, and the telephone number; (b) State the make, model, and body style of each motor vehicle to be used in the Town; (c) Submit legally binding proof of liability insurance for the motor vehicles in the amounts required by law; Ordinance 851 Page 9 of 13 (d) Submit legally binding proof of insurance for the types of insurance and amounts of insurance required for Franchisee; (e) Current customers, routes and end destination; (f) Agree to abide by and be bound by the provisions of this article and to comply with all other federal and state laws applicable to the licensee's activities; and (g) Submit any other information reasonably required by the Town to administer this article. Sec.74-46.—License regulations. (a) All licensees must prominently place clearly legible letters not less than five inches in height on both sides of the vehicles, containers and equipment that the licensee operates within the Town that identify the assigned number of each vehicle and the name and telephone number of the licensee. (b) All licensees providing collection services for recyclable materials must display recycling signage on all vehicles, containers, and equipment in legible letters not less than five inches in height. (c) All licensees' vehicles, containers and equipment must be well-maintained, in good repair, clean, sanitary, and free from leaks and excessive emissions. (d) All licensees must contain, enclose or tie all commercial solid waste and recyclable materials in a manner that prevents spilling, leaking or blowing. (e) All licensees must immediately clean up all leakage, spillage and blown debris resulting from the licensees' vehicles or equipment. (f) All licensees.must maintain all vehicles, containers and equipment in compliance with the laws and manufacturers' specifications. (g) All licensees must maintain all required insurance during the term of the license, and provide legally binding proof of said insurance upon request of Town Manager or designee; (h) All licensees must notify the Town of any change in the information submitted in an application for a license, including a change in the name, address or telephone number of the licensee. (i) All licensees must maintain their licenses issued under this article in compliance with the Town's ordinances. 0) The Town Manager or designee may examine the books, papers, records, financial reports, equipment, and other facilities of a licensee to verify compliance with this article. (k) Each commercial solid waste operator must keep for two consecutive calendar years all scale house tickets, receipts, invoices, manifests, and other documents evidencing the collection within the Town of commercial solid waste and the facility where the commercial solid waste was delivered. (1) Each commercial solid waste operator must submit monthly reports to the Town within 30 days following the end of each month. Said reports shall contain: (1) Detailed by month showing the total commercial solid waste tonnage collected by the commercial solid waste operator during each month of the previous quarter; (Z) That includes the list of names and addresses of the disposal location(s) of the commercial solid waste collected within the Town during the previous quarter; (3) That includes the total amount of commercial solid waste delivered at each disposal location each month of the previous quarter; Ordinance 851 Page 10 of 13 (4) That show the gross revenues earned each month within the Town during the previous quarter; (5) That includes, in table format, the customer's name, address, number of containers serviced, container type, size, and service schedule or on-call service; and (6) That includes any additional reports reasonably requested by the Town for the time period requested. Sec. 74-47. —Solid waste license fee. (a) Each commercial solid waste operator that has been granted a license under this article must pay a license fee equal to fifteen percent (15%) of the operator's gross revenues from the collection, hauling, or transporting of commercial and industrial solid waste collected within the Town, after excluding therefrom the revenues licensee received from the collection, hauling, or transporting of recyclable material collected within the Town. (b) Each commercial solid waste operator must pay the required license fee monthly to the Town within 30 days following each month. Each monthly payment must be computed on the revenues for the month preceding the month in which the payment is due. Each commercial solid waste operator must provide with each monthly payment a statement of the gross revenues upon which the payment is computed, prepared according to generally accepted accounting practices, and signed by an authorized representative of the licensee. The commercial solid waste operator must pay a late penalty of 12 percent per annum, compounded daily, on any monthly payment, or portions thereof, that is paid subsequent to the required payment date. (c) Each monthly payment must also be accompanied by a listing of the location and number of commercial containers serviced by the commercial solid waste operator in the Town. (d) The Town may inspect and audit the commercial solid waste operator's records upon which payments to the Town are computed and paid. If the Town's inspection or audit shows that the commercial solid waste operator has underpaid an amount required to be paid under this article, the commercial solid waste operator must pay the deficiency within 60 days of the date the Towri gives the commercial solid waste operator written notice of the deficiency. If the deficiency is more than ten percent of the amount the commercial solid waste operator was required to pay for the quarter, the commercial solid waste operator must also pay a penalty of ten percent per annum on the deficiency and the Town's reasonable cost incurred for the inspection or audit. (e) The Town's acceptance of a payment is not deemed to be a release or an accord as satisfaction of any claim the Town may have for further or additional sums payable under this article. The Town is not liable to refund to the commercial solid waste operator any payment the commercial solid waste operator makes to the Town that is more than the amount required to be paid by commercial solid waste operator under this article. Sec. 74-48 Revocation The Town Manager or designee may revoke a license for a violation of this chapter. 74-50 Failure to Obtain a License—Offense It is unlawful for any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of commercial solid waste within the Town's corporate limits for compensation unless the person that owns or controls the motor vehicle: Ordinance 851 Page I 1 of 13 (a) has an exclusive franchise with the Town; (b) has a valid license issued by the Town under this article; or (c) is providing commercial solid waste collections services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. Sections 74-51 through 74-74 Reserved. ARTICLE IV PENALTY Sec. 74-75. - Offense, penalty and culpable mental state. (a) Offense. It is unlawful for: (1) Any person to violate any provision of this chapter, and any person violating or failing to comply with any provisions of this chapter (2) Any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of liquid waste within the Town's corporate limits for compensation unless the person that owns or controls the motor vehicle has a valid franchise or license issued by the Town under this article. (3) Is providing commercial solid waste collection services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. (b) Culpable mental state. A violation of this article requires a culpable mental state of"knowing." (c) Continuing violations. Each day any violation continues constitutes a separate offense. (d) Penalty. That any person found guilty of violating this chapter will be fined not more than$2,000.00 for each offense. SECTION 3: No prosecution or administrative action pending, and no violation of or noncompliance with any prior ordinance shall be affected or terminated by the passage of this ordinance. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 851 Page 12 of 13 SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30TH DAY OF APRIL 2018. ATTEST: Laura Wheat, Mayor Kelly Edwaids, Town Secretary Thomas . Br ym , T wn Manager N of wFs APPROV AS TOO13M: L: nton L To ttorney t��AS Ordinance 851 Page 13 of 13 TOWN OF WESTLAKE ORDINANCE NO. 851 STATE OF TEXAS AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAP- COUNTY OF TARRANT TER 74 TITLED"SOLID WASTE" BY DELETING CHAPTER 74, AND REPLACING IT WITH CHAPTER 74 "SOLID WASTE"; PROVIDING FOR BY PROVIDING FOR DEFINITIONS; BY PROVID- ING FOR REFUSE COLLECTION SERVICE; BY PROVIDING FOR DISPOSAL OR REMOVAL OF SOLID WASTE;PROVIDING FOR TRASH CANS AND RECEPTA- CLES; PROHIBITING SANITARY LANDFILLS, PROHIBITING NUI- SANCES; PROVIDING FOR RE- Befor me,a Notary Public in and for said County and State,this day QUIREMENTS FOR RESIDEN- TIAL1� COLLECTION; PROVIDING 1 FOR FRANCHISE OR LICENSE personally nn 2 ,Advertisin Re FEES; REI P PROVIDING IDING FOR FOR COM- MERCIAL RE SOLID WASTE RE- for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,T• QUIREMENTS; PROVIDING A distributed in other surrounding Counties;and who,after being duly sworn,did dispose and say PENALTY; PROVIDPROVIDING A following clipping of an advertisement was published in the above named paper on the followin; SEVERABILITY 'CLAUSE; PRO VIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFEC- TIVE i 1b a v1 .1 fens DATE. Sec. 74-75. - Ole fense, penalty and culpable 1 mental state. (a)Offense. It is unlawful for: (1)Any person to I1A31 [ / `l violate any pryvision of lht- l'./�rV GXJ chapter, and any person violat- ing or failing to comply with any provisions of this chapter (2)Any person, other than the Town, to operate or cause any other person to operate, a mo- tor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of liquid waste within the Town's corporate limits for compensation unless the person that owns or controls the motor vehicle has a valid franchise or license issued by the Town un- der this article. (3) Is providing commercial solid waste collec- tion services In an area annexed by the Town under a contract in effect at the time of annexa- 1 tion,as applicable under Section 43.056(n), Texas Local Govern- Signedment Code. (b) Culpable mental state. A violation of this article requires a culpable mental state of Subscribed an. worn to before me,this the 1 day of A 20 1 o ationswin h dayContinuing any tinui ation ' continues constitutes a sepa- rate offense. (d) Penalty. That 4 any person found guilty of vio- /(y,�/� lating this chapter will be fined Notary Public % - each afore thanEC 2,0N 5: for .00Thor not Tarrant County,Texas any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not `�"''""'V���� DEBORAH JEAN BAYLOR to Dolarse($200m 0.00)or Five Two o a`:°' i�_Notary Public, State of Texas Hundred ($500.00) for each of- N„ ;y_ fense. Each day that a violation ��.,, ;+ec Comm. Expires 10-29-2019 is permitted to exist shall con- q'4,gloo�� Notary ID 13042344-2 PASSED AND stitute a epAPPROVEarate D offense. _A THIS 30TH DAY OF APRIL 2018.