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HomeMy WebLinkAboutO-870ORDINANCE NO. AN ORDINANCE TO PROTECT THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE PUBLIC BY MAKING IT A MISDEMEANOR CRIMINAL OFFENSE FOR ANY PERSON TO COLLECT RECYCLABLE MATERIALS PLACED AT THE CURBSIDE FOR THE PURPOSE OF BEING PICKED UP BY THE CITY OF FAIRHOPE IN ITS RECYCLING PROGRAM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: "SPrtinn I Recyclable materials placed at curbside for collection or in any recycling receptacle placed by the City or by the property owner are the property of the City of Fairhope or its authorized collection agent. It is a violation of this Ordinance for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such recyclable materials or receptacles. Section II Nothing in this Section is intended to prevent any occupier of land from donating or selling recyclable materials from its own refuse. Section III It shall be unlawful for any person to place, locate, establish, maintain, erect, leave, or otherwise make available any unattended recycling receptacle which is in public view in the City of Fairhope for the purpose of collecting discarded recyclable materials; provided, however, that in the case of undertaking sponsored by and located on a site owned by a bona fide nonprofit organization, the City shall be authorized to issue temporary permits for the location and use of recycling receptacles. Section IV The following types of refuse materials by the City of Fairhope: materials, glass, paper and cardboard. Section V are designed as recyclable aluminum materials, plastic Any person found to be in violation of this Ordinance shall, upon conviction, be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than FIVE HUNDRED DOLLARS ($500.00) and/or may be imprisoned or sentenced to hard labor for the City for a period not exceeding six months, at the discretion of the Court trying the case. /• Section VI Any Ordinance heretofore adopted by the City of Fairhope, Alabama, which is in Ordinance is hereby repealed to the extent of Section VII City Council of the conflict with this such conflict. If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance which shall continue in full force and effect not- withstanding such holding. Section VIII This Ordinance shall become effective immediately upon its its due adoption and publication as required by law." 7* ADOPTED THIS DAY OF , 199 . CITY OF FAIRHOPE, ALABAMA a Municipal Corporation ATTEST: O Evely V P. Phillips, Cit Clerk This ordinance prepared by City Attorney Marion E. Wynne c x �L � � U 4 LU CD rr v3 2ui` V. co OW o By: Jame P. Nix, Mato r 621•