Loading...
HomeMy WebLinkAboutORD 774 - ORD WU Preservation of Health, Sanitation and Safety .Ill ~"_...:.:-. _I -' ~ . r It 44" ORDINANCE NO. 774 AN ORDINANCE OF THE Crry OF WEST UNIVERSrry PLACE, TEXAS, FOR THE PRESERVATION OF HEALTH, SANrr:A'.TION AND SAFETY OF rrs INHABITANTS; L DEFINING TERMS j PROVmING FOR A SYSTEM OF OFF STREET HOUSEHOLD GARBAGE AND REFUSE COLLECTION; DESIGNATING POINT OF COLLECTION FOR HOUSEHOLD . ~ GARBAGE AND REFUSE; PROVIDING FOR COLLECTION OF TRASH AND RUBBISH; PROVIDING THE FREQUENCY OF COLLECTION AND HOURS; SPECIFICATIONS FOR TRASH AND RUBBISH COLLECTIONS AND TYPE OF CONTAINERS; PROHIBrrING THE PLACING OF TRASH AND RUBBISH ON THE STREET PRIOR TO CERTAIN HOURS AND THE LEAVING OF CONTATIJERS ON THE STREET OR CURB LTIJE FOR A CER - TAIN'DURATION; PRESCRIBING THE TYPE AND LOCATION OF CONTAINERS; PROHIBrrING OVERLOADING OF CONTAINERS AND CO-MINGLING OF HOUSEHOLD GARBAGE:AND REFUSE, TRASH AND RUBBISH; PROHIBrrING UNLAWFUL ACCUMULA- TION OR SCATTERING AND THROWING OF HOUSEHOLD GARBAGE AND REFUSE, TRASH AND RUBBISH; ASSESSING A MONTIIT..Y FEE OR CHARGE FOR THE OFFSTREET COLLECTION OF HOUSEHOLD -GARBAGE AND REFUSE; PROVIDING FOR TEE COLLECTION THEREOF, PLACING THE FEE ON THE WATER' BILL; FUNDS TO BE RETAINED IN THE GEImRAL FUND TO DEFRAY EXPENSES THEREOF; REQUIRING PERMITS FOR PRIVATE HAULERS f; PROVIDING FOR REVOCATION OF PERMITS FOR PRIVATE HAULERS'; PERMrrTING RESIDENTS TO REMOVE AND HAUL THEIR OWN HOUSEHOLD GARBAGE AND REFUSE, TRASH AND RUBBISH; LIBERAL CONSTRUCTION TO EFFECT PURPOSE; APPLICATION OF ORDINANCE TO ALL TERRrrORY WITHIN CORPORA~ ' LIMITS; FIXING PENALTY FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS CLAUSE IN EVENT ANY PART OF TEE ORDINANCE SHALL BE DECLAREDBNCONSTITU- TIONAL; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT " THER:HiOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, for the preservation and improvement of public health, sanitation C and safety, and betterment of living conditions in the City of West University Place, Texas, a system of collecting household garbage and refuse offstreet is hereby established; , -and WHEREAS, said system will assure regular pickup service in case of temporary absence, oversight, illness or physical handicap of a resident; and WHEREAS, said system will eliminate concentration of flies, maggots and ob - noxious odors; prevent small animals from scattering garbage and refuse over front yards and streets; eliminate wind blowing cans, lids and papers over streets and private property; minimize damage to garbage containers; and WHEREAS, said system will improve the aesthetic appearance of the'streets and yards by eliminating garbage containers being left out in the streets overnight; and WHEREAS, it is the express intent and purpose of this Ordinance to establish fair and reasonable rules and regulations governing offstreet household garbage and refuse pickup service and to apportion the cost of the collection and re- moval of said offstreet household garbage and refuse from within the corporate limits of the City of West University Place, Texas; and WHEREAS, there will be an additional cost to provide offstreet household garbage and refuse pickup service for the reason that additional employees, equipment and appurtenant operating expense will be necessary to render this extra service; and o J ] ] 24.5 WHEREAS, after careful study, survey and investigation, it has been deter- mined that the said offstreet household garbage and refuse pickup service is to the best interests of the majority of the householders or residents of the City of West University Place, Texas; and WHEREAS, it is also the express intent and purpose of this Ord~nance to pro- vide an ade~uate system and regulations for the removal and disposal of trash ~d rubbish from dwellings without assessing a special fee or charge therefor. BE IT ORDAINED BY TEE CITY COMMISSION OF THE CITY OF WEST UN'IVERSITY PLACE, TEXAS: ARTICLE I. Definitions. Section 1. The following words when used in this Ordinance shall have the mean- ings respectively ascribed to them in this section, unless the context clearly requires otherwise; (A) Household Garbage and Refuse means all animal or vegetable matter, such as waste matter and refuse from kitchens and residences, and other deleterious sub- stances and any other material commonly understood to be garbage. (B) Trash and Rubbish means such items as feathers, ashes,aGcumulated nevTspapers, cardboard boxes; other boxes, glass, grass, shrubs, 'yard cleanings, grass clippings, leaves, tree trimmings 'and any other ,material comm()nly understbod to be trash and rubbish. (C) Container means a portable, watertight, flyproof receptacle or rece,ptacles, made of' a solid and durable grade of metal, plastic or other durable material, with close fitting tops and handles on the sides and shall be of not less than 10 nor more than 30 gallon capacity. (D) Infellingmeans a living unit such as a building o~ any part thereof used ex- clusively as living ~uarters for any number of individuals living together as a single housekeeping unit, including apartments, duplex and multi-apartments,. (E) Garbage Superintendent means the person representing the City in charge of collecting, removing aiid disposing of household garbage and refuse, trash and rubbish. (F) City means the City of West University Place, Texas. ARTICLE II. Offstreet Household Garbage and Refuse Service. Section 1. Present System Discontinued -- - The present system of collecting household garbage and refuse from the curb line or property line is hereby dis- continued upon the effective date of this Ordinance. Section 2. Offstreet Household Garbage and Refuse Service Established A system of collecting household garbage and refuseoffstreet at a place herein- aftrl designated is hereby established. Section 3. Service Applicable to all Dwelling Units -- The system of collecting household garbage and refuse offstreet shall not be on an optional basis but shall be applicable to all dwelling units. ,.-~-----'-."'-- liT JU ~~,-, -~ .1._ 'I J!1111..1I"1' .. I 46' Section 4. Off street Household Garbage and Refuse Pickup Shall not Apply to Schools, Churches and Business Establishments -- The offstreet household gar- bage and refuse pickup service provided for by this Ordinance shall not apply to schools, churches, business establishments, commercial, industrial or other ,premises used for business purposes. Section 5. Point of Collection for Household Garbage and Refuse -- It shall be the duty of any such person, l).ouseholder, owner or lessee in possession or' control of any dwelling in the City to keep the container or containers re - quired in Article IV, Section 1, of this Ordinance, inside of said premises at a point beyond and in back of the building setback lines as established herewith. Front Building Lines Lots having a depth of 110' or less Lots having a depth of 110' to 125' Lots having a depth of over 125' Side Building Line Main building o 20' 25' 30' 5' Section 6. Gontainers to be Accessible for Household Garbage and Refuse Pickup-~ The container or containers for household garbage and refus~ shall be placed on or near ground level and at a point most accessible for the purpose of collection and shall not be kept or placed upon the street, sidewalk or any other public place. Section 7. Frequency of Collection -- T1~0 pickups each week for offstreet house~ hold garbage and refuse pickup service shall be provided each dwelling unit on a designated day. Section 8. Fee for Collecting and Disposing of Household Garbage and Refuse '0 The fee for coilecting and disposing of household garbage and refuse for the offstreet service provided herein shall be 75~ per month for each separate dwelling or_living unit and eac~ two-family living unit shall pay 75~ per month for each separate dwelling unit; all apartments in a multiple unit dwelling place shall be considered as separate dwelling units and shall pay 75~. per month for each dwelling unit. Section 9. Method of Collection; Date Co.nsidered Delinquent -- To avoid dupli- " . cation in billing and reduce costs and as a convenience to the public, the'fee specified in Article II, Section 8, shall be placed on the water bill on a monthly basis. All accounts shall be considered as unpaid and delinquent after the lOth day of the following month for whi~h service is rendered, excluding Sundays or legal holidays. All delinquent accounts are subject to stoppage ofhous~hold garbage and refuse pickup service without notice after expiration of 15 days from such delinquency. Service shall be resumed therefor only on payment of ac- cumulated fees for the period of, collection and the period of non-cQllection. The stoppage of service hereinabove authorized for non-payment of household garbage and refuse collection charges shall be in addition to the right of the City to proceed for the collection of such unpaid charges in a manner provided by law for the collection of a municipal claim. Section 10. Money Collected to be Held to the Credit of Waste Disposal -;:',: Account -- All money or proceeds collected for offstreet household garbage and' refuse service shall be held and retained in the, Geheral Fund to the credit of '0' the Waste Disposal and Collection account, and applied to the expense of the operation of said department. J ] . -~ ~ ] 2'4'1 Section 11. Unauthorized Accumulation -- Any unauthorized., accumulation of household garbage or refu,se as herein defined on any premises is hereby declared to be a nuisance and is prohibited. ARarICLE III. Trash and Rubbish Service. Section i. Present Trash and Rubbish Pickup Service to Continue -- The present system of picking up trash and rubbish at or near the curb line and street line shall continue. It shall be each resident's responsibility to place trash or rubbish at or near the curb line or adjacent to his property, from which the City's collectors may place {t in city trucks for removal and disposal. Section 2. Placing for Collection -- Any person desiring to place trash or rub- bish for collection shall place t~e container or containers on or near the curb line or property line in front of his residence or on the side line adjacent to his residence, not more than 24 houxs preceding the designated collection day and not later than 8 A.M. on the day designated as collection day. After the trash and rubbish have been removed by the collector, the owner of the container or containers sha,ll remove same as soon as possible from the space between the cuxb line, and property line on to his private property, but not later than 8 P.M. of the day that .such trash and rubbish has been collected. Section 3. Specification for Trash and Rubbish Collections -- In the event trash or rubbish is of such nature that it can no"\:; be put in a container or containers, it shallbec~refll11y placed in bundles or suitable receptacles of total gross weight less than 75 pounds each so'it can be removed conveniently; and tree trim- mings and limbs and hedge cuttings shall not exceed 5 feet in length or 4 inches in diameter. V"" .' . " Section 4. Items Excluded from Trash::1nd Rubbish Coll.ection....-- Concre~e, rock, wallpaper, canvas, building materials, discarded wire, metal or ch~,inlink fence, automobile bodies or heavy,~utomobile parts will not be picked up or' disposed of by the C,i ty . 'Sect'ion 5.' UnlawfUl to Disturb Trash or Rubbish Placed on City Property --- It shall be 'unlavrful for any person to molest, remove, handle or othe,rwise disturb the trash'or rubbish containers, or contents which have been placed on City prop- erty for ser~icing by City garbage colle<:tors; provided that this section does not apply. to the owner, occupant, tenant' or lessee of the dvTelling so placing the trash and' rubbish. Secti~n 6., FreQuency of Collection --- Trash and rubbish pickup service shall be prOVided each dwelling unit once each week on a designated day. Section' 7. :No Fee for Removal of Trash and'Rubbish --- No special assessment, fee' or charge shall be made for the coliection or removal of trash and rubbish. ARTICLE IV. Pertaining to Garbage and Refuse, Trash and Rubbish. Section 1. Sufficient Containers -- - It shall be the duty of every mmer, occupant, tenant or lessee using or occupying any dwelling within, the City to maintain at all times in good order and repair on such premises portable, watertight,flyproof con - tainers for household garbage and refuse, and in sufficient numbers to accumulate .... -:I ....LL!. .J ~ I I. . . .'1.1" .11'11': ~HI ' 4':O( '-0 and keep under secure cover all household garbage and refuse. No container shall' have, any inside structures, such as inside bands and reinforcing angies, or any~ thing in the container to prevent the free discharge of its contents. Trash and rubbish may be placed in containers, boxes, baskets and crates without covers. n 'UJ Section 2. Overloading ~-- The contents of any household garbage and refuse container which is so overloaded that the lid will not fit securely on the container, will not be picked up by the collectors. HThe contents of any con- tainer or household garbage and refuse or trash or rubbish, which with the con- tainer weigh more than 75 pounds, will not be picked up by the collectors. Section ;. Condemnation When Deteriorated Containers that have deteriorated to the extent of having jagged or sharp edges capable of causing injury to the garbage collectors or others whose duty it is to handle the containers; or where the bottoms have rusted out or deteriorated; or are bent and battered to such an extent that the lids will not fit tightly or securely; will be condemned by the City, acting through the Garbage Superintendent. Section 4. Unlawful to Co-Mingle Garbage and Refuse with Trash and Rubbish It shall be unla"rful to co-mingle h.ousehold garbage and. refuse with trash and rubbish. Section 5. Unlavrful to Strew Household Garbage and Refuse, Trash and Rubbish -- It shall be unlawful for any person to place, sweep, deposit or throw household garbage and refuse, or trash and rubbish, within the City in such a manner that it may be carried, or deposited by the elements upon the street, easement; street rlght-of-way,vacant lot or into any occupied or unoccupied premises. 0: " I< Section 6. Garbage, Refuse, Trash and Rubbish to be Removed from Buildings Vacated --~ It shall be unlawful for any person upon vacating or removing from dwelling, storerooms or any other building situated within the corporate limits of the City to fail to remove all garbage, refuse, rubbish and trash from such buildings and premises and also the grounds appurtenant thereto and to fail to place the grounds in a thoroughly sanitary condition within 24 hours after the said premises shall be vacated. Section 7. Disposal to be Supervised --- All household garbage and refuse, or trash and rubbish accumulated in the City shall be collected, conveyed and dis - posed of under the sup~rvision of the Garbage Superintendent. ' Section 8. Disposal to be Carried on in Systematic and Efficient Manner --- The collection, removal and disposition of all garbage and trash shall be carried out in a systematic and efficient manner, keeping the City in a clean and sani - tary condition. ARTIcrn V. Private Haulers. Section 1. Permit for Private Collection and Disposal - Required --- No person, firm or corporation, except the duly authorized agents or employees of the City shall empty household garbage and refuse; or trash and rubbish containers or conveyor transport household garbage,refuse trash and rubbish on the streets and ','0," public thoroughfares in the City without a ,,~itten permit granted by and issued by the City. J o J 2,49 Section 2. Application and Information to be Shown --- The application for per- mit required by Article V, Section 1, of,this Ordinance, shall set forth the name and address of the applicant, the trade name of the company under which the appli- cant does business or proposes to do business, the number of vehicles the applicant desires to operate, class, size and kind of each vehicle; the financial ability and responsibility of the applicant; his or its ability to respond in damage in event of damages to persons or damages to property by reason of the negligient operation of a vehicle on the streets or thoroughfares of the City; nature and character of the service the person proposes to render and such other information as the City Commission of the City may require. No charge shall be made for a permit for pri - vate collection. Section 3. Certificate of Public Convenience and Necessity Required; Matters to be Considered Before Issuing --- The Garb~ge Superintendent shall investigate each application filed and after giving full consideration to each application, he shall issue the appropriate certificate of public convenience and necessity to the applicant for each vehicle or vehicles which public convenience and necessity require. In determining whether public convenience and necessity require the licen- sing of a vehicle for which application has been made, the Garbage Superintendent shall take into consideration whether the demands of, public convenienceaud necessity require, such proposed or additional garbage, refuse, trash or rubbish service, and shall take into consideration all matters required to be included in the applica - tion. Certificates issued shall correspond to the application and investigation to which the applicant is entitled. Section 4. Permits without Charge to Residents, etc. --- Permits, without charge, will be granted to residents, citizens and property owners who desire to haul away their own household garbage and refuse, trash and rubbish. Section 5. Permit and Effective Period --- Upon presentation of a certificate of public convenience and necessity, the City Treasurer shall issue the applicant the appropriate permit. No permit shall be transferable and each permit shall expire at midnight on the 2nd day of May following the date on which the permit was issued. Section 6. Revocation, Appeals Any permit issued hereunder may be revoked by the Garbage Superintendent fo~ a violation of this or any other Ordinance of the City, or the traffic laws or any laws of the state of Texas, by the permittee or the operator of any vehicle of such permittee. Revocation shall be effected by i~itteh notice of the Garbage Superintendent to the permittee and the Garbage Super- intendent shall immediately take up the permit revoked. Within 5 days after revocation, an appeal may be made to the City Commission for reinstatement. The City Commission shall give the appellant a hearing, and after the hearing, shall sustain the action of the Garbage Superintendent if it finds it is a fact that the appellant or an-operator of his vehicle committed the act for which the Gar- bage Superintendent revoked the permit. Otherwise, the action of the Garbage Superintendent shall be reversed and the appellant's permit shall be reinstated. ARTICLE VI. In General. Section 1. Penalty for Violation of Ordinance --- A~y person violating any of "the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum of not less than $1.00 nor more than $200.00, and each day that any such person shall violate any of the provisions of this Ordinance shall constitute a separate offense and be punishable as such. ""......."..'''.,'...'..."-...,.,.....'__'-,..,~ ~ .Jtl '--' ~-:. ~. J_~ ~~'?:J.t"~l~. 5~1 Section 2. Application of Ordinance --- The provisions of this Ordinance shall apply to all territory within the corporate limits of the City. Section 3. Parts of Ordinance in Conflict Repealed --- All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, but the Ordinance shall be cumulative of and sup - ; plementary to all Ordinances relating to the public health and th~ removal of garbage and refuse, or trash and rubbish, not in conflict herewith. Section 4. Liberal Construction This Ordinances and all of the terms and provisions herein shall be liberally construed to effect the purposes set forth herein. Section 5. Validity of Remaining Portion of Ordinance --- Should'any part, section, sub-section, paragraph, sentence, clause or phrase contained in this Ordinance be held unconstitutional or otherwise invalid, such holdings will not effect the validity of the remaining portion of the Ordinance but in all respects said remaining portion shall be and remain in full force, and, effect and the City Commission hereby declares that it would not have passed the unconstitutional part, or otherwise invalid part, had it known it was in- valid and that it would have passed the remaining part that is not invalid. Section 6. Effective Date --- This Ordinance shall become effective on the 2nd day of May, 1960, the caption of the Ordinance to be published 10 days before effective date as required by ,State Statutes and ~he City Charter of the City of West University Place, Texas. PASSED AND APPROVED THIS TEE 28TH DAY OF MARCH, '1960. MAYOR st University Place, T e x a s ATTEST: f:; .~,:- I: ~f ,'~ . ~ .. ,"" ~. - ;-..~ , . ~ I' il I' '"I' ~", .;; , t l f f .," ,t. V.. t: l r 'r :{,;, .1.:':- ~~; '}'-'. f~ !~, "~ 'f' 'f :'~~~ ' .. . ':~: F i'- ;: J.},~ " , , -(;'~:: ;. , l t !: ~ ~:- 'i ,,~. ...:;..~: ,".., I ~' O,'~'" r, ~' _ ;, '1 . ~~ .. ::k' "';:~' ,}. /t. :;':'- .',~~~" tic . F'.t.:! ;~" 'r ~ " ::...... .~" ,:l= 0- ~, let ,:: ~' "~l~ r :~~ il,r=:;~ - ,'':;' . :-"~ I ~ .1J;.. ~~ " 0 -j, .~.. .~ f ~ ~ ~. " ;: ,~~ j.. ~~, s' of, .~: ~, -'E -,~:'