Private Acts of 1967-68 Chapter 259

COMPILER’S NOTE:  Section 1 of this act specifically amended Private Acts of 1961, Chapter 395, Section 1 (see previous page), and is therefore not printed here in full.  The remainder of this act provides non-specific amendments to Private Acts of 1961, Chapter 395, and must be read in conjunction with that act.

SECTION 2.  That the Hamilton County Council delegate the authority to the Department of Public Health of Hamilton County to supervise all dumping of garbage, refuse, rubbish and ashes accumulated in the unincorporated area of Hamilton County and to approve where each and every operator of such truck shall dump his collected refuse.  Dumping of refuse in other than areas approved by the Department of Public Health shall be a misdemeanor and any person or corporation guilty of violating this requirement shall be guilty of a misdemeanor and fined $25.00 and costs.  Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

SECTION 3.  That the Hamilton County Commission shall have the power and authority to make all such other reasonable rules and regulations concerning individual collecting, disposal and transporting of refuse over county roads by any “garbage collectors”, as it shall find necessary.  The county commission may set fines for violations of any rules and regulations established by it.  The county commission has the power and authority to charge a reasonable fee not to exceed one hundred dollars ($100) for licenses and/or permits for any “garbage collectors” operating in Hamilton County.  The Hamilton County commission may award franchises to garbage collectors to serve certain unincorporated areas of the county.  However, the county commission shall not have the power or authority to grant a monopoly to any individual or corporation engaged in such business.

SECTION 4.  That if any clause, sentence, paragraph, section or any part of this Act shall be held or declared to be unconstitutional or void, it shall not effect the remaining parts of this Act, it being hereby declared to be the legislative intent to have passed the remainder of this Act, notwithstanding the part held to be invalid, if any.

SECTION 5.  That this Act shall have no effect unless the same be approved by two-thirds (2/3) vote of the legislative body of Hamilton County, Tennessee, to which this Act applies within thirty (30) days after its passage.  The presiding officer of such body shall proclaim its approval or non-approval and certify the same to the Secretary of State.

SECTION 6.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  May 25, 1967.