HomeMy WebLinkAboutOrd 1576 - garbage and trash
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Ordinance No. 1576
AN ORDINANCE RELATING TO GARBAGE AND TRASH;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 11 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended to read in its entirety as set out in
Appendix A, which is attached and made a part of this ordinance.
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hereby repealed to the extent of the conflict only.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 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 applicati0n 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 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, 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 6. This ordinance shall become effective on March 1, 1998.
~ PASSED AND APPROVED ON FIRST READING, this 1e7"':fay of
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Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
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FPAS. SED AND APPROVED ON SECOND READING, this ~ day of
, 1998
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor
Attest:
(Seal)
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City Attorney
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Appendix A
Chapter 11
GARBAGE AND TRASH
SubcJs.aptcr A. In General.
Sec. 11.001. Defmitions.
Sec. 11.002. Deputy director.
Sec. 11.003. Littering pivhihitcd
Sec, 11.004. Vacated premises to be cleaned.
Subchapter B. City Collection System.
Sec. 11,0 10-. ~ioos-ys'.em e,,-tablishoo;
application.
Sec. 11.011. Preparation; placement of
containers.
Sec. 11.012. Fees.
Sec. 11.013. Accumulation of garbage and
lrdSb.
Sec. 11.014. Heavy trash; maximum bag
weight.
Sec. 11. u15. Piacing garbage or trash in street
a...rea.
Sec. 11.016. Programs to encourage
recycling, etc.
Siiln:J:-rlipter C. Pm-ateHaulers.
Sec. 11.021. When permit required.
Sec. 11.022. Application; public convenience,
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Sec.. 11.023. Issuance of pennit; duration.
Sec. 11.024. Revocation; appeal,
SdC: 11.025, Comntcrcial oolle.:;-tiolls;
containers.
Sec. 11.026. Private collection of garbage and
irash.
Subchapter A. In General
Sec. 11.00-1. 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 shal! meap. a bag meeting the most recently published specifications
for the type of garbage or trash it contains. The deputy director shall establish the
specifications within these standards: (i) the specified bags must be readily
available in the area, at a reasonable cost, (ii) the bags must allow efficient
collection and handling, (iii) there may be different types of bags for different types
of garbage or trash, and (iv) there maybe distinctive tags or markings required for
bags containing certain types of garbage or trash. The deputy director is
specifically authorized to specifY recyclable bags for yard waste or other materials.
The specifications do not take effect until published in the Cn,'s newslettcr or in
crt) utility bills.
(3) Curbside shall mean that the area between the sidewalk and the roadwavDortion
of a street or alley, or, ifthere is no sidewal~ the area within ten feet of the
roadwav. . immediately adjacent to the madwav line illd Gotb line.
(4) Dwelling shall mean a Ihnng unit such asa builcfmg 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.
(5) Garbage shall mean solid waste consisting of animal and vegetable waste materials
resulting from the handling, preparation, cooking and consumption of food.
(6) Trash shall mean solid waste consisting of newspapers, mixed paper, glass,
cartons, yard cleaning and any other material commonly understood to be trash
APPENDIX A
Page A-I
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an~ibl~ for disoosal at ~ ord!naIX municiDallandfill. The term '1rash" shall
also include items subject to the City's recycling program (cans, bottles,
newspapers, etc.)
See. 1 U}02. 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. The dire~or shall establish re~ations consistent with this
Code establishin2: th~ schedules for re2:Ular collections. soecifvin2: the ttR,es of recvclin2: materials.
soecifvim! aooroved bat!s and. other container~ and ll.rovidint! other~l!U~mns for p!!a2aration'and
olacementHoweve[.. no chanlle in such remIlations takes effect until oublished in the City's
newsletter or utility bills.
Sec. 11.003. Litte. ing ~ert8;,iil deDosit~ probibited~
(a)ln gq:1er.a1. It shall be unlawful for any person to: (i) scatter, throw or deposit any
Qap~I,' peelinA5, ~ garbage, trash, bottl~5,(,an5 or otherrubbisb, refuse or litter upon any
street area or all~ or (ii) place, sweep, deposit or throw garbage, trash 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. J!:xceptio!!: This sub_section does !lot ~~ to garbag~ or trash Erepar:ed and
nlaced as reauired for basic collection ~ the City. at a dwellin2: for which fees under this Chanter
are non-delinouent.
(b) ResDonsibilitvf1Lowner. etc. When orohibited material is found in a str~et area. it shall
be the d1!1Y of each oerson who owns or controls adjacent nremises to re1l!~ve it. if the Derson
knows that the material is present. In this subsection. "orohibited material" means material
orohibitedto be placed inthe-street area'!1Y subsection(al It isan affinllative defense to
JID.>secutions unde~ this subsection that the material: (i) did not orimnate on the ~gmcent oremises
and (ii) was olaced in the street area without the consent of anv oerson in control of the adiacent
orennse~
{c) Affirmative defenses. The followin2: are affirmative defenses to nrosecutions under
this section:
ill
(2)
ill
ill
Because of hurricane or other calamitv~ it was not nracticable 11'lremove the
material or to store it somewhere else.
The time and manner of ola~emen1Jithe material was soecifically directed bv an
,~l;lthorized reoresentativ~ of !he City.
T~ere was a nenmt in effect for a maior dey~looment or maio!: remodelin2: of the
affected oremises.and the premises are in full comoliance wi!h aonlicab!~
re.&.,ulations for work site conditions and clean-uD (see. e. [roo Section 6.407 of this
Code).
The material was eligible for City collection under this Chapter. it was intended to
beCoiieciea-JiXiheCItVasa soecial service. andl! was in fact coIiected-6Yfiie-cIiY
and oaid for as a soeci-al -servi.ce,
APPENDIX A
Page A-2
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Sec. 11.004. Vacated premises to be cleaned.
It shall be unlawful for any person who owns, occupies or controls premises which are
yacated, 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 to place the premises in a thoroughly
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 t \"Vice weeldy 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
non-dwellint! purposes.
Sec. 11.011. Preparation, placement of containel S, etc.; basic and snecial services.
(W Basic Collections. The basic fee covers basic collection ofQ:arballeand trash prepared
and olaced as follows:
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Recycling materials
designated by the
director
Tree and hedge
trimmings and limbs
two to four feet long
and not more than
three inches in
diameter.
Leaves, grass
clippings, and small
tree and hedge
trimmings (up to two
feet long and up to
in diameter)
Preparation Placement
(location)
Sorted by type, in Curbside
paper bags or other
containers designated
by the director, not to
exceed 40 pounds per
bag.
Untied bundles or Curbside
stacked. adjacent to
the
dwelling
unit of
onglO
In approved Curbside
bags, not to exceed adjacent to
40 pounds per bag. the
Note: The director dwelling
may reqUire unit of
recyclable bags. onglO
Placement (time)
Not sooner than 6:00 PM on
the day before a regular
collection day for this type of
material, nor later than the
actual time of collection,
(Normally one day per week.)
Not sooner than
before a regular collection day
for this type of material, nor
later than the actual time of
collection (Normally one day
per week.)
Not sooner than 6:00 PM on
the day before a regular
collection day for this type of
material, nor later than the
actual time of collection.
(Normally two days per week.)
APPENDIX A
Page A-3
All other garbage and
trash.
In closed and secured
approved bags, not to
exceed 40 pounds per
bag.
Curbside
adjacent to
the
dwelling
unit of
. origin
Not sooner than 6:00 PM on
the day before a regular
collection day for this type of
material, nor later than the
actual time of collection.
(Normally two days per week.)
(P) Special services. The director may collect garbage. trash or other material not
covered l2Y the basic fee. but shall charge special services fees as established bv the City Council.
A oerson desiring any such soecial service may notify the director. and the director may make
reasonable efforts to orovide the service' within the limits of available resources. If garbage or
trash is found at curbside. but not prepared or not placed as required for basic collection. the
director may collect it and charge a special service fee to the occupant and oerson in control of
the adjacent dwelling:. A oerson desiring that material be collected or hauled l2x i! non-City oerson
must olace it outside the street area.
(c) Other materials. Other materials. includinll oaint. insecticides. chemicals. etc. mav be
collected under soecial ormrrams established bv the director from time to time. These mav be
handled as an adjunct to rellUlar collections or as a special service.
An ~aTba:A~ and tIa,sh shaH. be pla:{,ed within aPlno'Ved baAS. except for se~eAat~d batches
of items snbject to the City's recycling proglam (which shall be bagg~d, bundled 01 otherwise
oleoared fOI collection as prescribed bv the deoun director :!ion} time to timet Each approved
ba~ shaH be closed and secured and Dlaced within two feet of the ed~ of the cttrb 01 Dll'\ied
roadway in :!iont mthe oroDem. ot within two feet from the edAe mthe paved aIle'\' inthe leal of
the propeIry. No othet type of c01rtail1et shail be placed at curbside (except as allowed by the
City's recycling progtam).
Sec. 11.012. Fees.
(a) Established. A basic fee rot ooHection anddisposaI of AMbaAe and trash sh~ be
charged each month for each dwelling to cover basic collections. Additional fees are charged for
special services. The fee basic fees and soecial services fees shall be established from time to time
by the City CounciL The occuoant of i! dwelling and any other oerson who controls that dwelling
are jointlv resoonsible for the basic fees and any other fees for collection of llarballe or trash from
curbside adjacent to that dwelling.
(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.
(k) Disoutes: waivers The director is authorized to investillate any disouted fee and 1Q
make corrections. The director is authorized to waive a soecial services fee if: (i) the
circumstances causin~ the fee were not under the control of!!w oerson charged or 2f anv
occuoant or oerson in control of the dwelling: in Question. or (in other good cause shown.
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
APPENDIX A
Page A-4
waived and reason.
Sec. 11.013. Accumulation of garbage and trash.
Any unauthorized accumulation of rubbish. refus~, 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. 11.814. Heavy bash, maximum bag weight.
(a) JJeavy trash. Tree tIi11:lmil1~s. limbs and hed~ cuttinp;s that exceed two feet in len~tll.
but me no Mme than four feet in le~th or tll1ee inches in diameter me to be Dlaced in untied
bundles or stacked at curbside. This trash shall be colleGted once weeklJ with a speGia! coHeGtioll
'\lehide. AM Othel hash must be in apploved bags.
(b).t'v!aximtnJl bag weight. An apt"Jloved bag which weighs mote thal1 fOlty pounds when
set out w in not be collected.
Sec. 11.815. Placing gal bage 01 tI ash in stl cd al ea.
(a) When piacement is plOJribited. It shall be unlal'ribl f01 auy person to place ga1bage 01
bash in a street .tIe<!- as follows.
Tinle when piacen1ent is prohibited
:Either. (1) before noon 011 the day
befol e a sdteduled City collection
day, for that dwel~, or (2) after the
actual time of coHeGtion for that
dweHing.
At .:my timc sOO1lCr than 12 houIS
befole the time the gmbage 01 trash is
hauled awaY.
(b) Responsibility of o'Wtlet, etc. When prohibited gat:bage or hash is round in a street
area, it shall be the duty of each person who owns 01 c01lttols adjacent premises to remove it, if
~SOl1 knows that the ~arba~e or trash is present. In this subsectiOIl. "mohibited ~arba~e Of
trash" mcans garbage or trash prohibited to be placed in the. street area bJ subsection (a). It is an
affirmatne defense to pIOsecutiollS under this subsection that the ~arbaAe or trash. (i) did not
oliginate on the adjacent pIemises and Oi) WaS placed in the street area without the consent of
anyone. who owns 01 controls the, adjacent prcmisGs.
(c) Afftnnatitte tkftll;Jes. The following me c1ffunlative defenses to prosecutions undet
this section. .
(1)
TJ' pe of gat: bage or tr ash
Eligible Pm City Collection. Ga1bage 01
tlash that is. (1) flom a dwelling, (2) placed
in the adjacent street mea and (J) bagged,
buncHed and pI epal ed as requit ed rol City
coHection.
Oillel Gal bage 01 n ash. AM OthCI bagged,
bundled 01 stacked garbage or trash.
(2)
Dccausc oflmnicatlG or OtllGl calanlity, it is not pHlctiGablc to rCIDO'\lC thc gatbagc.
01 trash or to-store it somewhere else.
The tinle and manner of placement of the garbage or traMl is specifically diI eeted
bJ' an authoriLed repIesentatn.e of the City.
There is a permit in e:ff'cct fur a major de'\iclopment or major remodeling of the
affected premises, and the pIennses cue ill full conlpliance with applicable
(J)
APPENDIX A
Page A-5
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~latiol1s fur work site conditions and clean-up (see. e.~.. Section 6.407 oftbis
Code).
Sec. 11.016. Programs to encourage recycling, etc.
From time to time, the City Council, by motion or resolution, 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: (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. 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 forthe collection of the
garbage or trash in question.
Sec. 11.022. Application; public convenience, etc.
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 penmt 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
an opportunity for the permittee to respond to the allegations. Within five days after receiving
APPENDIX A Page A-6
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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 collection to 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 :00 AM
and 7:00 PM.
APPENDIX A
Page A-7
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