HomeMy WebLinkAboutPO 5977: METAL RECYCLING FACILITIES
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MEMORANDL~I
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney f"Gz.it ~-~
Date: February 3, 2009
Subject: P. 0. No. 5977; Council Meeting February 10, 2009
Attached is P. O. No. 5977 amending Section 22-162 of the Code
of Ordinances as it pertains to Metal Recycling Facilities
(Requested by the Mayor).
MTS:ts-
Attachment
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P. O. No. 5977
02/03/09 is
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 22-162 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO METAL
RECYCLING FACILITIES, REQUIRING VEHICLES THAT
CARRY SCRAP THAT IS OF .SUCH A NATURE THAT IT
CAN FALL OUT OF THE TRUCR TO HAVE A TARP,
PROVIDING FOR PUBLICATION AND PROVIDING FOR A
PENALTY WHICH INCLUDES A FINS NOT EXCEEDING
TWO THOUSAND. DOLLARS (REQUESTED BY THE MAYOR)
WHEREAS, there is a need to amend Section 22=162 of the Code
of Ordinances as it pertains to Metal Recycling Facilities and the
rule. governing transport vehicles.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That Section 22-162 is herein amended as
follows:
"Sec. 22-162. Transport Vehicle; fee; period.
Each Metal Recycling'Entity operating a transport
vehicle for the purpose of transporting scrap, used or
obsolete ferrous or nonferrous material within the City
shall obtain from the City Council. a license for the
privilege of operating such vehicle, the types of vehicles
they plan to purchase, and shall also pay therefore the sum
of $5 for each vehicle so operated, plus the cost of the
license for the Metal'Recycling Facility. Such license
shall be granted for a period of up to two (2) years, and
shall be renewed by such person at its expiration. The
driver of the transport vehicle shall have the documentation
as from where. the scrap, used or obsolete ferrous or
nonferrous material, was obtained. The seraP, t:sed~r
f^---••- ---° in~3~e vehiele ,.~._„
"~~. If the truck carries scrap: which is of such a
nature. that it can fall out of the truck, the driver shall
cover the vehicle with a tarp. '
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Section 3. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
Section 4. That a violation of this Ordinance shall be
punishable by a municipal court fine not to exceed $2000 per
incident per day and can also result in civil penalties,
restraining orders, injunctions, attorney fees, court costs and
other relief being assessed as delineated in Ordinance No. 07-81.
Section 5. The Ordinance or its caption and penalty
shall be published at least one time within ten days after final
passage hereof in the official newspaper of the City of Port
Arthur. This Ordinance shall take effect immediately after the
date of such publication.
Section 6. That a copy of the caption of this Ordinance
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2.009, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES:. Mayor
City Counci]
NOES:
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ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
/ Nom./ 1 d"!/ "T'~I!'"`~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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