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Garfield Heights Trash Collection Fee Amendment Measure (November 2012)

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A Garfield Heights Trash Collection Fee Amendment measure was on the November 6, 2012 election ballot in Cuyahoga County, which is in Ohio where it was defeated.

This measure proposed to amend the Garfield Heights Charter to establish a trash collection fee. This measure was on the ballot by petition.[1]

Election results

Issue 54
ResultVotesPercentage
Defeatedd No670760.63%
Yes 4355 39.37%

Election results from Cuyahoga County, Current Election Results

Text of measure

Language on the ballot:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Be it resolved by the people of the City of Garfield Heights that a new Section 60 of the Charter is hereby

added as follows: SECTION 60 TRASH COLLECTION FEE 60-1. The City, including its various Boards, agencies and departments, shall not assess, levy or collect any tax or general assessment on real properties, or against the owners or occupants thereof, for the collection, transportation or disposal of trash, garbage, waste, rubbish or refuse. 60-2. Nothing in this Section 60 shall prevent the City, including its various Boards, agencies, departments and commissions, from doing any of the following: (i) collecting other taxes and otherwise permissible funds in the general fund and using those revenues, in part, for providing a service of the collection of trash, garbage, waste, rubbish, and refuse, (ii) imposing assessments on specific properties that have properly been determined to be a nuisance for the removal of trash, garbage, waste, rubbish, or refuse, (iii) imposing criminal or civil sanctions for littering, or (iv) renting dumpsters and other trash collection devices to commercial property owners and charging fees for such rental. 60-3. Any ordinance enacted prior to the passage of this Amendment that contravenes the foregoing is void. After the enactment of this Amendment, the City shall not enact or enforce any ordinance that contravenes the foregoing. In the event that any provision of this Section 60 is found to be unconstitutional or impermissibly in conflict with the state or federal law, only such provision found to be unconstitutional or impermissible will be stricken, and the remainder of this Section 60 will remain in full force and effect. Shall new Section 60 of the Charter of the City of Garfield Heights proposing to limit the City’s authority to charge a fee for trash collection and the City’s ability to pay for trash collection be adopted?[1]

See also


References



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