HomeMy WebLinkAboutO-1849ORDINANCE NO. 1849
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 722;
CHAPTER 21: ARTICLE VI. GARBAGE AND TRASH COLLECTION AND
DISPOSAL; SECTIONS 21-76 AND 21-77
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION I. The Code of Ordinances, City of Fairhope, Alabama, Chapter 21,
Article VI. Garbage and Trash Collection and Disposal. Sections 21-76 and 21-77
are hereby amended to reflect the following changes and additions:
Article VI. GARBAGE AND TRASH COLLECTION AND DISPOSAL
Section 21-76. City Landfill-Prohibited Usage.
It shall be unlawful for any person or any agent thereof to use the City Landfill for
the disposal of the clearings of any vacant lot, including, but not limited to, trees,
limbs, stumps, trash or debris; or the dumping of any lumber, brick, stones, mortar or
any other debris from the demolition of any house, building or other structure; or to
use said Landfill for the disposal of any unauthorized disposable trash or garbage.
Section 21-77. Same-Residence and Decal Requirement
(a)The use of the City landfill area is hereby limited to the residents who live inside
the City limits of Fairhope. Any such resident shall be allowed to use the City
Landfill without charge, during the designated hours as posted at the Landfill
area, provided that said resident has a current decal affixed to his vehicle. Said
decal, commonly known as a "Landfill Sticker," may be obtained at City hall
during regular business hours by any resident who lives inside the City limits of
Fairhope at no charge; and that proof of residency must be provided in the form
of an Alabama State issued Identification Card (driver's license for example), a
Fairhope Public Utility Bill showing garbage charge, and a vehicle registration
showing City Ad Valorem Taxes. Said decal is issued every other year and is
current for two (2) years, as printed on the decal.
(b)All other persons are hereby prohibited from using the City landfill area, if they
are residents who do not live inside the City limits of Fairhope. Any person who
shall be found using the Landfill, who does not live inside the City limits of
Fairhope limits or who does not have a current decal, shall, upon conviction, be
punished as provided in Section 1-8; provided, the fine shall not be less than one
hundred dollars ($100.00).
SECTION II. SEVERABILITY
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional by a court of competent jurisdiction, then such
ruling shall not affect any other paragraphs and sections, since the same would have
been enacted by the municipality council without the incorporation of any suchunconstitutional phrase, clause, sentence, paragraph or section.
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Ordinance No. 1849
Page -2-
SECTION III. EFFECTIVE DA TE
This ordinance shall take effect immediately upon its due adoption and publication
as required by law.
ATTEST:
ADOPTED THIS 20TH DAY OF= __ --✓ I
ADOPTED THIS 20TH DA
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ORDINANCE NO. Jil-,2,
AN ORDINANCE 'IO AMEND SECI'IONS 21-76, 21-77, and 21-78 OF THE CITY OF FAIRHOPE CODE OF ORDINANCES: USAGE OF CITY DUMP (OR GARBAGE DUMP)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLI.a-JS:
Section One: Section 21-76, Code of Ordinances, is hereby arrended to read as follows:
"Sec. 21-76. City Durrp--Prohibited usage.
It shall be unlawful for any person or any agent thereof to use the City Dump(or Garbage Dump) for the disposal of the clearings of any VA.CJ>Nr IDI', including but not limited to, trees, limbs, stumps, trash, or debris; or the durrping of any lumber, brick, stones, rrortar or any other debris fran the DEM:>LITION of any house, building, or other structure; or to use said Dump for the disposal of any unauthorized disposable trash or garbage; without prior approval of the city evidenced by a "Terrp:,rary Dump Pass" signed by the Building Official or his agent."
section 'IWo: Section 21-77, Code of Ordinances, is hereby arrended to read as follows:
"sec. 21-77. Sarre--Residence & Decal requirerrent.
(a)The use of the city land fill area, camonly known as theCity Dump or Garbage Dump, is hereby limited to the resident citizens of the confines of within the city limits. Any such resident shall be allowed to use the City Dump without charge, during the designated h=s as posted at the Dump area, provided said resident has a current DECAL affixed to his vehicle. Said DF:X:AL, ccmronly known as a "Beach Sticker", may be obtained at City Hall during regular business hours by any resident citizen,at no charge,by said citizen presenting his vehicle's current license tag receipt indicating the payrrent of city tax AND a current utility bill showing the payrrent of the rronthly Garbage Fee. Said DEO\L is issued every other year and is current for two years as printed on Decal. City Tax, if anitted fran current license tag receipt, may be paid at the tine of application for DECAL.
(b)All other persons are hereby prohibited fran using the city landfill area, or City Dump (Garbage Dump), if they are without the confines of the city limits. Any person who shall be found using the Dump, who is not residing or located within the confines of the city limits or who does not have a current DECAL, shall, upon conviction, be punished as provided in Section 1-8, provided the fine shall be not less than one hundred dollars ($100.00)."
� Jl !\Section Three: Section 21-78, sub-paragraph (b) only, is hereby voided inu full as obsolete.
Section Four: If any portion of this ordinance be found unconstitutional by a court of corrpetent jurisdiction, all other portions rerrain in full force and effect.
section Five: This ordinance shall take effect irmediately upon due adoption and publication as required by law.
ADOPI'ED THIS 27 DAY OF � , 1983.
ATI'EST
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