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HomeMy WebLinkAboutOrd 1527 - garbage ~- ;. \. ORDINANCE NO. ~ AN ORDINANCE RELATING TO GARBAGE AND TRASH; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN E1vfERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. That Chapter 11 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as shown in Appendix A, which is attached hereto and made a part hereof for all purposes. Section 2. This ordinance applies from and after its effective date. Any violations committed before the effective date are governed by the ordinances in effect before the effective date, and they are continued in effect for this purpose. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the. conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of tins on;linance 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 otIler part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 5. 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,.andtIlat each such meeting has been open to tile 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 tIlereof. The City Council officially finds, determines and declares tIlat sufficient notices of the joint public hearings were given, and tile City Council ratifies, approves and confirms such notices, including the contents and the metIlod in which tIley were given. ~ I ---- ;Tc---" Section 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that tlns Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and shall take effect on the tenth day following its publication, as provided in the City Charter. PASSED AND APPROVED this ~ day of April Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: ~ ~ Mayor Attest: (Seal) c~?&~_ Reviewed: b27\54ogarbg --- - ---- -------------- ;-r 19 9Q , - Chapter 11 GARBAGE AND TRASH Subchapter A. In General. Sec. 11.001. Definitions. Unless the context requires a different meaning, the following terms, when used in this chapter, have the meanings indicated below: (1) Alley shall mean a paved asphalt or concrete drive of sufficient width to provide easy access for collection equipment. (2) Approved bag shall mean a plastic bag made ofa durable grade plastic at least 1.5 millimeters in thickness. The plastic bags shall not be less than ten nor more than 30- gallon capacity. (3) Curbside shall mean that area immediately adjacent to the roadway line and curb line. (4) 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 asa single housekeeping unit, including apartments, duplexes and multi-apartments. (7) Garbage shall mean solid waste consisting of animal and vegetable waste materials resulting from the handling, preparation, cooking ~d consumption of food. (8) Trash shall mean solid waste consisting of newspapers, mixed paper, glass, cartons, yard cleaning and any other material commonly understood to be trash. The term "trash" shall also include items subject to the City's recycling program (cans, bottles, newspapers, etc.) Sec. 11.002. Deputy director. To the extent provided in this chapter, the deputy director of the public works department or other person designated by the city manager (referred to in this chapter as the "deputy director") shall have jurisdiction over garbage and trash accumulated in the City, including collection, conveyance and disposal. Sec. 11.003. Littering prohibited. It shall be unlawful for any person to: (i) scatter, throw or deposit any paper, peelings, hulls, garbage, trash, bottles, cans or other refuse or litter upon any street area, or (ii) place, sweep, deposit or throw garbage, trash or other rubbish 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. Sec. 11.004. 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: (i) to fail or refuse to remove all garbage, trash and other rubbish from such premises or (ii) to fail or refuse place the premises in a thoroughly ---------------------------------------------------------------------------------------------------------------- APPENDIX A, Revised Chapter 11, Page A-I - --- -1-- ---- sanitary condition within 24 hours after the premises are vacated or moved from. Subchapter B. City Collection System. Sec. 11.010. Collection system established; application. A City system of collecting garbage and trash twice weekly 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 purposes. Sec. 11.011. Preparation; placement of containers. All garbage and trash shall be placed within approved bags, except for segregated batches of items subject to the City's recycling program (which shall be bagged, bundled or otherwise prepared for cQIlection as prescribed by the deputy director from time to time). Each approved bag shall be closed and secured and placed within two feet of the edge of the curb or paved roadway in front of the property, or within two feet from the edge of the paved alley in the rear of the property. No othertype of container shall be placed at curbside (except as allowed by the City's recycling program). Sec. 11.012. Fees. (a) Established. A fee for collection and disposal of garbage and trash shall be charged each month for each dwelling. The fee shall be established from time to time by the City Council. (b) Delinquent accounts. All delinquent accounts are subject to suspension of garbage and trash collection. Service shall be resumed after suspension only on payment of accumulated fees for the period of collection and the period of non-collection. Sec. 11.013. Unauthorized accumulation of garbage and trash. Any unauthorized accumulation of garbage or trash on any premises is hereby declared 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. Sec. 11.014. Heavy trash; maximum bag weight. (a) Heavy trash. Tree trimmings, limbs and hedge cuttings that exceed two feet in length, but are no more than four feet in length or three inches in diameter are to be placed in untied bundles or stacked at curbside. This trash shall be collected once weekly with a special collection vehicle. All other trash must be in approved bags. (b) Maximum bag weight. An approved bag which weighs more than forty pounds when set out will not be collected. Sec. 11.015. Time for setting out garbage or trash. It shall be unlawful for any person set or place garbage or trash intended for City ---------------------------------------------------------------------------------------------------------------- APPENDIX A, Revised Chapter 11, Page A-2 collection at or near curbside sooner than noon Oil the day before a scheduled collection day or later than the actual time of collection on a scheduled collection day. Sec. 11.016. Programs to encourage recycling, mulching, etc. From time to time, the City Council, by motion or resolution, may approve special programs to encourage recycling, mulching, compo sting 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 ofa program, the City Council may: (i) grant a credit against the City's solid waste fee for a user who participates in the program, which shall be an exception to the generally-applicable fee schedule and (ii) 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 Subchapter C. Private Haulers. Sec. 11.021. When permit required. It shall be unlawful for any person, other than duly authorized employees and representatives of the City, to collect garbage or trash at curbside from any dwelling unit within the City, unless authorized to do so by a current and valid private hauler permit. His 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. Sec. 11.022. Application; public convenience and necessity. A person desiring a private hauler permit must apply in writing to the deputy director and pay the prescribed fee. The deputy 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. Sec. 11.023. Issuance of permit; duration. If the deputy director determines that public convenience and necessity require the issuance of a permit, the deputy director shall issue the applicant the' appropriate permit. No permit shall be transferable, and each permit shall expire at midnight on the second day of May following the date on which the permit was issued. Sec. 11.024. Revocation; appeal. Any permit issued under this chapter may be revoked or suspended by written notice from the deputy 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 deputy director shall make a reasonable attempt to contact the permittee and provide ---------------------------------------------------------------------------------------------------------------- APPENDIX A, Revised Chapter 11, Page A-3 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. Sec. 11.025. Commercial collections; containers. Commercial collection rules shall apply to any school, church, business establishment, commercial, industrial or other premises used for business purposes. The City will not provide commercial collection of garbage or trash. Collection of commercial garbage and trash is the responsibility of the property owner, who must provide adequate collectionto.prevent the unauthorized accumulation of garbage and trash. Commercial containers must be at least five feet back from the property line, or where directed by the zoning ordinance or the deputy director. Sec. 11.026. Private collection of garbage and trash. Private collection of garbage and trash may take place only between the hours of 7:00AM and 7:00PM. ---------------------------------------------------------------------------------------------------------------- APPENDIX A, Revised Chapter 11, Page A-4 .. __,__m___ 11 -;-r-:-':- ,