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ORDINANCE NO. 90 O — J • AN ORDINANCE AMENDING ORDINANCES NUMBER 922, 614, AND 797 OF THE CITY OF BATESVILLE, CODIFIED AS CHAPTER 5. 12 OF THE BATESVILLE MUNICIPAL CODE REGARDING SOLID WASTE COLLECTION AND FOR OTHER PURPOSES BE IT ORDAINED by the City Council of the City of Batesville that the Bates- ville Municipal Code Chapter 5. 12 regarding solid waste collection should be and is hereby amended by subsection as follows: 5. 12.01 PROVIDE FOR THE COLLECTION OF GARBAGE, WASTE, TRASH, TIN CANS AND REFUSE. All garbage, waste, trash, tin cans and refuse in the city shall be collected regularly by the employees of said city and no other person, firm or corporation shall be allowed to collect said garbage, waste, trash, tin cans and refuse except employees of the city. Provided that this ordinance does not preclude a person, firm or corporation from properly disposing of its own gar- bage, waste, trash, tin cans and refuse at some location outside the city lim- its; provided further that it shall not be a defense in a lawsuit brought by the city to collect the garbage disposal tax provided for in 5. 12.02 of this code that the defendant has disposed of his own garbage, waste, trash, tin cans and refuse. Provided further, that this ordinance does not preclude a person, firm or other business entity from recycling waste products or from selling or i giving waste products to an approved recycler. Any recycling done by an indi- vidual firm or business entity must be done in conformity with the laws of the City of Batesville, the laws of the State of Arkansas and the rules of the En- vironmental Protection Agency and the Arkansas Department of Pollution Control and Ecology. An approved recycler is a business , individual , or other entity that recycles waste and is approved or permitted to carry on such business act- ivity by the Arkansas Department of Pollution Control and Ecology. (This sub- section amends and replaces subsection 5. 12.01 of the Batesville Municipal Code and amends Section 1 of Ordinance 922 of the City of Batesville. ) 5. 12.03 NUMBER OF COLLECTIONS A WEEK OF GARBAGE, WASTE, ETC. . Said gar- bage, waste, trash, tin cans and refuse shall be collected from residences at least weekly. Same shall be collected from businesses and/or commercial houses as needed; provided, however, it is provided that this ordinance does not in any way obligate the city to clean or pick up refuse or debris resulting from construction or repair of building nor wood or limbs resulting from removal or trimming of trees on private property. (This subsection amends and replaces i subsection 5. 12.03 of the Batesville Municipal Code and amends Ordinance 922 Section 3 of the Ordinances of the City of Batesville. )