HomeMy WebLinkAboutORD 2016 Amending Chapter 38 Garbage and RecyclingCity of West University Place
Harris County, Texas
ORDINANCE NO. 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 38, GARBAGE,
TRASH AND RECYCLING, ARTICLES I, IN GENERAL, ARTICLE II,
CITY COLLECTION SYSTEM AND ARTICLE III, PRIVATE HAULERS,
OF THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, FOR THE PURPOSE OF UPDATING
THE CITY'S GARBAGE COLLECTION REGULATIONS AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 38, Garbage, Trash and Recycling, Articles I, in General,
Article II, City Collection System and Article III, Private Haulers, of the Code of
Ordinances of the City of West University Place, Texas is amended to read as set out in
Appendix A, attached hereto. All other portions of Chapter 38 of the Code of
Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the 22nd day
of February 2016.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
SIGNED, on the JjP� day of 'ftu'a'y 2016.
Attest: Signed: O �I1
City Secretary �� ,f '-Mayor
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Recommended: '
Approved as to legal form:
City ttorney
KAS
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Appendix A
(Amended Chapter 38, Code of Ordinances)
ARTICLE I. - IN GENERAL
Sec. 38 -1. - Definitions.
Unless the context requires a different meaning, the following terms, when used in
this chapter, have the meanings indicated below:
Alley shall mean a paved asphalt or concrete drive of sufficient width to provide
easy access for collection equipment.
Approved bag shall mean a bag meeting the most recently published specifications
for the type of garbage, trash or yard waste it contains. The director shall establish the
specifications within these standards:
(1) The specified bags must be readily available in the area, at a reasonable cost;
(2) The bags must allow efficient collection and handling;
(3) There may be different types of bags for different types of garbage, trash or yard waste;
and
(4) There may be distinctive tags or markings required for bags containing certain types of
garbage or trash.
Curbside shall mean the area between the sidewalk and the roadway portion of a
street or alley, or if there is no sidewalk, the area considered to be the right of way,
usually found within ten feet of the roadway.
Dwelling shall mean a living unit such as a building or any part thereof used
exclusively as living quarters for any number of individuals living together as a single
housekeeping unit, including apartments, duplexes and multi- apartments.
Recyclable material means material that has been recovered or diverted from the
non - hazardous waste stream for purposes of reuse, recycling, or reclamation.
Recyclable material is not solid waste. However, recyclable material may become solid
waste at such time, if any, as it is abandoned or disposed of rather than recycled,
whereupon it will be solid waste with respect only to the party actually abandoning or
disposing of the material
Recycling shall mean a process by which materials that have served their intended
use or are scrapped, discarded, used, surplus, or obsolete, are collected, separated, or
processed and returned to use in the form of raw materials in the production of new
products. Except for mixed municipal solid waste composting, that is, composting of the
typical mixed solid waste stream generated by residential, commercial, and /or
institutional sources, recycling includes the composting process if the compost material
is put to beneficial use.
Waste
(a) Bulky trash /waste:
Large objects with dimensions and proportions greater than those allowed for /in basic
collection (limitations apply).
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(b) Construction & Demolition (C &D) waste:
Waste resulting from construction or demolition projects; includes all materials that are
directly or indirectly the by- products of construction work or that result from demolition of
buildings and other structures.
(c) Garbage:
Solid wastes from the domestic and commercial preparation, cooking, dispensing and
consumption of food.
(d) Hazardous waste:
Any solid or liquid waste identified or listed as a hazardous waste by the administrator of
the United States Environmental Protection Agency (EPA) pursuant to the Federal Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, 42 USC, § 6901 et seq., as amended.
(e) Infectious wastes:
Waste material containing pathogens or biologically active materials which because of
its type, concentration, and quality are capable of transmitting disease to persons
exposed to the waste materials.
(f) Liquid Waste:
Any waste material that is determined to contain 'free liquids" as defined by EPA
Method 9095 (Paint Filter Test) as described in "Test Methods for Evaluating Solid
Wastes, Physical /Chemical methods" (EPA Publication Number SW -846).
(g) Medical waste:
Animal waste, bulk blood and blood products, microbiological waste, pathological waste,
sharps, and special waste from health care - related facilities as those terms are defined
in 25 Texas Administrative Code Section 1.132 (Tex. Dept. of Health, Definition,
Treatment and Disposition of Special Waste from Health Care - Related Facilities).
(h) Municipal solid waste:
Solid waste resulting from or incidental to municipal, community, commercial,
institutional, and recreational activity, including garbage, rubbish, ashes, street cleaning,
dead animals, and all other waste, excluding industrial solid waste and hazardous waste
or substances.
(i) Putrescible waste:
Organic wastes that is capable of being decomposed by microorganisms with sufficient
rapidity as to cause odors or gases or is capable of providing food for or attracting birds,
animals, and disease vectors.
Q) Rubbish:
Trash and debris of all kinds that is nonputrescible waste and refuse material that is not
yard or special waste.
(k) Special Waste:
Any solid waste or combination of solid wastes that because of its quantity,
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concentration, physical or chemical characteristics, or biological properties requires
special handling and disposal to protect the human health or the environment. [If
improperly handled, transported, stored, processed or disposed of or otherwise
managed, it may pose a present or potential danger to the human health or the
environment.]
(1) Trash:
Discarded matter and are no longer useful or wanted and have been thrown away.
(m)Yard Waste:
Grass, grass clippings, and yard debris, brush, including clean woody vegetation that
results from residential landscaping maintenance. This does not include stumps, roots
or shrubs with intact root balls.
(Code 2003, § 11.001)
Sec. 38 -2. - Role of director.
To the extent provided in this chapter, the director of the public works department or
other person designated by the city manager (referred to in this chapter as the
"director ") shall have jurisdiction over garbage, trash, recycling and yard waste
accumulated in the city, including collection, conveyance and disposal. The director
shall establish regulations consistent with this Code establishing the schedules for
regular collections, specifying the types of recycling materials, specifying approved bags
and other containers and providing other regulations for preparation and placement.
An educational campaign effort will be made to ensure all residents are notified of
changes that have been made and approved.
(Code 2003, § 11.002)
Sec. 38 -3. - Certain deposits prohibited.
(a) In general. It shall be unlawful for any person to:
(1) Scatter, throw or deposit any garbage, trash, or other rubbish, refuse or litter upon any
street area or alley; or
(2) Place, sweep, deposit or throw garbage, trash, recycling, yard waste or other rubbish,
refuse or litter within the city in such a manner that it may be carried or deposited by the
elements upon or into any street area or any other premises different from the premises
where it is placed, swept, deposited or thrown.
(3) Place, sweep, deposit or throw garbage, trash, recycling, yard waste or other rubbish,
refuse or litter in the storm drainage system.
Exception: This subsection does not apply to garbage, trash, recycling and yard waste
prepared and placed as required for basic collection by the city, at a dwelling for which
fees under this chapter are nondelinquent.
(b) Responsibility of owner, etc. When prohibited material is found in a street area, it shall
be the duty of each person who owns or controls adjacent premises to remove it, if the
person knows that the material is present. In this subsection, "prohibited material"
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means material prohibited to be placed in the street area by subsection (a). It is an
affirmative defense to prosecutions under this subsection that the material:
(1) Did not originate on the adjacent premises; and
(2) Was placed in the street area without the consent of any person in control of the
adjacent premises.
(c) Affirmative defenses. The following are affirmative defenses to prosecutions under this
section:
(1) Because of hurricane or other calamity, it was not practicable to remove the material or
to store it somewhere else.
(2) The time and manner of placement of the material was specifically directed by an
authorized representative of the city.
(3) There was a permit in effect for a major development or major remodeling of the
affected premises, and the premises are in full compliance with applicable regulations
for work site conditions and clean -up (see, e.g., section 18 -58 of this Code).
(4) The material was eligible for city collection under this chapter, it was intended to be
collected by the city as a special collection service, and it was in fact collected by the
city and paid for as a special collection service.
(Code 2003, § 11.003)
Sec. 38 -4. - Vacated premises to be cleaned.
It shall be unlawful for any person who owns, occupies or controls premises which
are vacated, or from which the occupant moves:
(1) To fail or refuse to remove all garbage, trash and other rubbish from such premises; or
(2) To fail or refuse to place the premises in a thoroughly sanitary condition within 24 hours
after the premises are vacated or moved from.
(Code 2003, § 11.004)
Secs. 38- 5- 38 -26. - Reserved.
ARTICLE II. - CITY COLLECTION SYSTEM
Sec. 38 -27. - Collection system established; application.
A city system of collecting garbage, trash, recycling and yard waste at curbside or in
alleys is hereby established. City collection applies to all dwellings but does not apply to
schools, churches, business establishments, commercial, industrial or other premises
used for business or nondwelling purposes.
(Code 2003, § 11.010)
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Sec. 38 -28. - Preparation, placement, etc.; basic and special services.
(a) Basic collections. The basic fee covers basic collection of garbage and trash prepared
and placed as follows:
Type
Preparation
Placement
Placement (time)
(location)
Recycling materials
In City provided
Curbside
Not sooner than 6:00 p.m.
designated by the
recycling bins or other
adjacent to
on the day before a
director
approved containers
the dwelling
regular collection day for
designated by the
unit of origin.
this type of material, nor
director, not to
later than the 8:00a.m. the
exceed 40 pounds
day of scheduled
per container.
collection. (Normally one
day per week.)
Yard Waste materials
Untied bundles or
Curbside
Not sooner than the third
- Tree and hedge
stacked.
adjacent today:
before a regular
trimmings and limbs
the dwelling
collection day for this type
two to four feet long
unit of origin
of material, nor later than
and not more than
the actual time of
three inches in
collection. (Normally one
diameter.
day per week.)
Yard Waste materials
In approved bags, not
Curbside
Not sooner than 6:00 p.m.
- Leaves, grass
to exceed 40 pounds
adjacent to
on the day before a
clippings, and small
per bag.
the dwelling
regular collection day for
tree and hedge
unit of origin
this type of material, nor
trimmings (up to one
later than 8:00a.m. the
foot long and up to
day of scheduled
0.25 inch in diameter)
collection. (Normally one
days per week.)
Bulk Trash designated Stacked neatly behind Curbside Not sooner than 6:00p.m.
by the director the curb. adjacent to on the day before a
the dwelling regular collection day for
unit of origin this type of material, no
later than 8:00 a.m. the
day of scheduled
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collection. (Normally one
day per week)
All other garbage and In closed and secured Curbside Not sooner than 6:00 p.m.
trash. approved bags, not to adjacent to,on the day before a
exceed 40 pounds the dwelling regular collection day for
per bag. unit of origin this type of material, nor
later than 8:00 a.m. the
day of scheduled
collection. (Normally two
days per week.)
(b) Special collection services. The director may authorize the collection of garbage, trash
or other material not covered by this article.
(c) Other materials. Other materials, including paint, insecticides, chemicals, etc, may be
collected under special programs established by the director from time to time. These
may be handled as an adjunct to regular collections or as a special service.
(Code 2003, § 11.011)
Sec. 38 -29. - Fees.
(a) Established. A basic fee shall be charged each month for each dwelling to cover basic
collections. Additional fees are charged for special services. The basic fees and special
services fees shall be established from time to time by the city council. The occupant of
a dwelling and any other person who controls that dwelling are jointly responsible for the
basic fees and any other fees for collection of garbage, trash, recycle and yard waste
from curbside adjacent to that dwelling.
(b) Delinquent accounts. All delinquent accounts are subject to suspension of garbage,
trash, recycle and yard waste collection. Service shall be resumed after suspension only
on payment of accumulated fees for the period of collection and the period of non -
collection.
(c) Disputes; waivers. The director is authorized to investigate any disputed fee and to
make corrections. The director is authorized to waive a special services fee if:
(1) The circumstances causing the fee were not under the control of the person charged or
of any occupant or person in control of the dwelling in question; or
(2) Other good cause is shown.
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However, no waiver is effective unless described in a written memorandum from the
director to the finance director. The memorandum must identify the account name,
account address, amount waived and reason.
(Code 2003, § 11.012)
Sec. 38 -30. – Nuisance; accumulation of waste.
Any unauthorized accumulation of waste on any premises is hereby declared
unlawful to be a nuisance and is prohibited. A person in control of the premises shall be
given adequate warning to dispose of such accumulation, after which the city may
cause the removal of the accumulation at the expense of the property owner. Violations
will be assessed in accordance with Chapter 42, Article III of the city ordinance.
(Code 2003, § 11.013)
Sec. 38 -31. - Programs to encourage recycling, etc.
From time to time, the city council, by motion, resolution or through budgetary
action, may approve special programs to encourage recycling, mulching, composting
and similar techniques to reduce the waste that the city must handle conventionally. A
program may be in effect indefinitely or only for a limited time. As part of a program, the
city council may:
(1) Make available devices and equipment to users of the city's waste collection system, at
a reduced cost or no cost.
In each case, the benefits of the program to the city must be designed to equal or
exceed the costs borne by the city, including both expenditures and fee credits.
(Code 2003, § 11.016)
Secs. 38- 32- 38 -50. - Reserved.
ARTICLE III. - PRIVATE HAULERS
Sec. 38 -51. - When permit required.
It shall be unlawful for any person, other than duly authorized employees and
representatives of the city, to collect garbage, trash or recycling at curbside from any
dwelling unit within the city, unless authorized to do so by a current and valid private
hauler permit. It is an affirmative defense to prosecution under this section that the
owner or person in control of the dwelling unit in question made a contract or other
special arrangement for the collection of the garbage or trash in question.
(Code 2003, § 11.021)
Sec. 38 -52. - Application; public convenience, etc.
A person desiring a private hauler permit must apply in writing to the director and
pay the prescribed fee. The director shall investigate each application and determine if
the public convenience and necessity require the issuance of the permit, taking into
account the existing services, the proposed service, the needs of the public, the costs of
service and other related matters.
(Code 2003, § 11.022)
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Sec. 38 -53. - Issuance of permit; duration.
If the director determines that public convenience and necessity require the
issuance of a permit, the director shall issue the applicant the appropriate permit. No
permit shall be transferable, and each permit shall expire at midnight on May 2 following
the date on which the permit was issued.
(Code 2003, § 11.023)
Sec. 38 -54. - Revocation; appeal.
Any permit issued under this chapter may be revoked or suspended by written
notice from the director for any violation of this Code, other ordinance of the city, traffic
law or state law, by the permittee or the operator of any vehicle of such permittee.
Before issuing such a notice, the director shall make a reasonable attempt to contact
the permittee and provide an opportunity for the permittee to respond to the allegations.
Within five days after receiving such a notice, an appeal may be made to the city council
for reinstatement. The city council shall give the appellant a hearing, and after the
hearing, the city council may reverse, affirm or modify the action taken.
(Code 2003, § 11.024)
Sec. 38 -55. - Commercial collections; containers.
(a) In general. Commercial collection rules shall apply to any school, church, business
establishment, commercial, industrial or other premises not used exclusively for
residential purposes in the city (collectively referred to below as "nonresidential
premises "). The city will not provide commercial collection of garbage or trash.
Collection of commercial garbage and trash is the responsibility of the property owner or
other person in control of the premises, who must provide adequate collection to
prevent the unauthorized accumulation of garbage and trash. This may require a
"dumpster" or other container for garbage or trash with a capacity larger than 95 gallons
(referred to below as a 'large container ").
(b) Container regulations.
(1) It shall be unlawful for any person owning or controlling any nonresidential premises to
maintain or allow the outdoor accumulation of garbage or trash on (or adjacent to) the
premises, except within a container that is:
a. Made of metal or other rigid material;
b. Designed, constructed and maintained to completely enclose garbage or trash and
prevent the entry of vermin; and
c. Kept completely closed at all times, except when being filled, emptied or cleaned with a
top or lid that is made for that container. All containers used by the public must be kept
closed with a top or lid at all times.
(2) It shall be unlawful for any person owning or controlling any nonresidential premises to
place, use, maintain or allow any large container on those premises, if it does not
comply with the additional criteria for large containers set out in subsection (c), below.
(3) It shall be unlawful for any person to own any large container, or to place, lease, rent,
control, empty or service it, if the container is:
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a. Located on nonresidential premises; and
b. Does not comply with the additional criteria for large containers set out in subsection (c),
below.
(4) It shall be unlawful for any person to empty, clean or service any large container on any
day after 7:00 p.m. or before 7:00 a.m., or to knowingly cause or allow it to occur.
(c) Additional criteria for large containers. Large containers on nonresidential premises
must:
(1) Comply with the zoning ordinance as to location, screening, etc.; large containers must
also comply with the following specific location and screening requirements as follows:
a. Intent. Dumpsters shall be located and screened from public view.
b. Placement. Dumpsters shall be located in the side or rear of the property, at least ten
feet from the property line, so they generally are not visible from the public right -of -way
and are screened with plantings or durable materials compatible with adjacent
architecture. They shall be located outside of the required building setback area.
c. Screening. Dumpsters shall be screened on three sides using one of the following
methods:
1. A masonry wall enclosure of a height that is a minimum of one foot above top of
dumpster.
2. A planting enclosure of large evergreen shrubs planted a minimum of four feet apart
that shall create a solid screen to a minimum height of seven feet within two years.
3. A combination of the subsections 1. and 2. of this subsection. All dumpster screening
plans shall be identified and detailed on a submitted and approved site plan.
d. Enclosure size. The minimum enclosure size for refuse and recycling containers shall
be based upon a seven - foot -wide by seven - foot -deep container (ten- cubic -yard
container). The interior dimensions of the enclosure shall provide the following minimum
clearances:
1. The minimum side -to -side clearance between containers and /or enclosure walls shall
be two and one -half feet.
2. The minimum front -to -back clearance between containers and enclosure walls or gates
shall be two feet.
e. Have a conspicuous notice reading as follows: "Unlawful to empty this container after
7:00 p.m. or before 7:00 a.m. in the City of West University Place. This container must
be kept closed except when being filled, emptied or cleaned." The notice must be
printed with red letters at least two inches high on a white background, and it must be
permanently affixed (or painted) in a location where it is plainly visible to any person
filling or emptying the container.
(Code 2003, § 11.025; Ord. No. 1990, § 2(app. A), 5 -19 -2014)
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