HomeMy WebLinkAboutOrd 2010-08ORDINANCE NO. 10 -08
AN ORDINANCE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,
ADOPTING THE "TOWN OF FOUNTAIN HILLS SOLID WASTE DISPOSAL
AND RECYCLING REGULATIONS" BY REFERENCE AND AMENDING
THE FOUNTAIN HILLS TOWN CODE, CHAPTER 10, HEALTH AND
SANITATION, RELATING TO SOLID WASTE DISPOSAL AND
RECYCLING.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council ") desire to accomplish the adopted Town Council goal of creating a town -wide curbside
recycling program covering the corporate limits of the Town of Fountain Hills (the "Town "); and
WHEREAS, the Town Council has determined that it is in the Town's best interests to
unify solid waste collection and recycling into a single hauler system to reduce the heavy truck
traffic on Town streets, reduce vehicle emissions and enhance public safety; and
WHEREAS, the Town Council has determined that the its goals can best be
accomplished by the Town taking responsibility for residential curbside solid waste collection
and recycling; and
WHEREAS, certain amendments to the Town Code are necessary to carry out the Town
Council's desire to implement a solid waste collection and recycling program.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The document known as the "Town of Fountain Hills Solid Waste Disposal
and Recycling Regulations" (the "Solid Waste Regulations "), three copies of which are on file in
the office of the Town Clerk, which document was made a public record by Resolution No.
2010 -28 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part
hereof as if fully set out in this Ordinance.
SECTION 3. The Fountain Hills Town Code Chapter 10 (Health and Sanitation), is
hereby amended by deleting Article 10 -1 (Methods of Garbage and Trash Removal) in its
entirety and replacing it with the Solid Waste Regulations.
SECTION 4. Any person who fails to comply with any provision of the Solid Waste
Regulations shall be subject to civil and criminal penalties as set forth in Section 10 -1 -15 therein,
including civil penalties of not more than $500 base fine. Criminal penalties shall constitute a
class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a
period not to exceed six months, or by both such fine and imprisonment. Each day that a
violation continues shall be a separate offense.
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SECTION 5. If any provision or any portion of any provision of this Ordinance is for
any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without al'fecting
the validity of (lie remaining portions of this Ordinance.
SECTION {. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and execute all documents necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of fountain Hills,
Arizona, November 4, 201 0.
FORT HE TOWN OF FOUNTAIN MILLS:
97'eC-
1611-1 chlunn. Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
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ATTESTED TO:
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APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney