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OR 2009-1235 ScavengingAN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES BY AMENDING ARTICLE 5 -9, SCAVENGING PROHIBITED; TO DELETE ALL REFERENCES TO AN AUTHORIZED EMPLOYEE AND REPLACE WITH CITY MANAGER AND HIS DESIGNEE AND TO DELETE ALL REFERENCES TO THE SANITATION DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after review and consideration, the City Council hereby finds that Section 3 -5 -9 should be amended as provided herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That Chapter 3, City Departments, Article 5 -9 of the Code of Ordinances is hereby amended by amending Article 5 -9, Scavenging prohibited, which shall read as follows: "ARTICLE 3 -5. SOLID WASTE AND RECYCLING PROGRAM Sec. 3 -5 -9 Scavenging Prohibited. AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 2009 -1235 It shall be unlawful for any person other than City Manager of the City of Coppell, or his designee, or a commercial trash hauler acting under a franchise from the City of Coppell for public collection and disposal, to collect, take, remove, tamper with, interfere with scavenge from carry away or otherwise disturb garbage or trash which has been placed for collection at any authorized recycling site operated by the city or in any container on public or private property, as provided by this article. Page 1 35949 SECTION 2. The meeting in which this Ordinance was passed was open to the public as required by law. SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. �,�DULY PASSED by the City Council of the City of Coppell, Texas, this the clay of 2009. APPROVED: Page 2 JAY T P�S, MAYOR ATTEST: 35949