The following definitions shall apply in the interpretation
and enforcement of this article:
Any containers for refuse provided by the city having a capacity
of sixty (60) to ninety-six (96) gallons and equipped with wheels
for mobility.
Any material such as lumber, brick, plaster, gutters or other
substances accumulated as a result of repairs or additions to existing
buildings, construction of new buildings or demolition of existing
structures.
A metal container of not less than two (2) cubic yards nor
larger than ten (10) cubic yards, made of watertight construction
with doors opening on two (2) sides and top, and constructed so that
it can be emptied mechanically by specially equipped trucks. Containers
shall be covered.
Any waste accumulation of dust, paper and cardboard, excelsior,
rags or other accumulations, other than garbage or household trash,
which is usually attendant to the operation of stores, restaurants,
offices, churches, apartments and similar businesses.
Any retail, restaurant, manufacturing, wholesale, institutional,
religious, governmental or other nonresidential establishment at which
garbage or trash may be generated, and having connection to the city’s
water system.
The area directly behind the curb. In the absence of a curb,
the area directly behind the edge of pavement.
Every accumulation of animal, vegetable, and other waste
matter that attends the preparation, handling, consumption, storage
or decay of plant and animal matter, including meats, fish and seafood,
birds, fruits, vegetable or dairy products and the waste wrappers
or containers thereof.
Materials such as poison, acids, caustics, chemicals, infected
materials, offal, fecal matter, and explosives or as defined by the
state commission on environmental quality.
Every waste accumulation of paper, sweepings, dust, rags,
bottles, cans, or other matter of any kind, other than garbage, which
is usually attendant to housekeeping.
All waste, including solids, semisolids, sludges and liquids,
created by factories, processing plants or other manufacturing enterprises
or as defined by the state commission on environmental quality.
Persons appointed by the department director authorized to
enforce health and sanitation, building, and sanitation codes or ordinances.
A section of the solid waste division designated to perform
sanitary landfill disposal services for the public.
Any man-made or man-used object, organic or inorganic material,
or solid waste, and specifically includes trash which is not placed
in a container, an authorized sanitary waste disposal site, or another
approved area or depository, or a vehicle designated for transport
or disposal of litter, trash, garbage or waste.
Any stream, river or lakeside or land dock, space or area
used by any moving vehicle for the purpose of receiving, shipping
and transporting goods, wares, commodities or persons.
Any duplex, apartments, group of apartments or condominium
used as a dwelling place for more than one family.
Any individual, firm, company, corporation, or association.
A material or product that has served its intended use and
has been discarded after passing through the hands of a final user.
For the purpose of this article, the term does not include industrial
or hazardous waste.
A metal container, not exceeding four thousand five hundred
(4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity,
that contains a packing mechanism and an internal or external power
unit.
Any person or firm engaging in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse.
All putrescible and nonputrescible solid and semisolid wastes,
including garbage, rubbish, and ashes.
A metal or plastic container for refuse, of substantial construction,
with a tightfitting lid, and handles sufficient for safe and convenient
handling for collection at curbside. Except for those areas served
by automated collection equipment, such containers shall have a capacity
of not more than thirty-two (32) gallons and a total weight, when
full, of not more than fifty (50) pounds or an empty weight of not
more than ten (10) pounds, and shall be kept in serviceable condition
at all times. Any areas serviced by automated collection equipment
shall only use the automated containers as approved by the director.
Any container which does not meet standards set by the director or
his designee shall be removed. Exceptions to these requirements may
be made by the director or his designee.
Property zoned for only single-family residential uses under
the zoning ordinances of the city.
A unit, varying in capacity between five (5) cubic yards
and forty (40) cubic yards, which is used for collecting, storing,
and transporting building materials, business trash, industrial waste,
hazardous refuse, refuse or yard trash. The unit may or may not use
an auxiliary stationary packing mechanism for composition of materials
into the container and may be of the open or enclosed variety. The
distinguishing feature of the detachable container is that it is picked
up by a specially equipped truck and becomes an integral part of the
truck for transporting the waste material to the disposal site.
Any dwelling place occupied by one family.
Dead cats, dogs, small household pets and other animals of
similar size.
The Solid Waste Disposal Act, chapter 361 of the Health and
Safety Code, V.T.C.S., as amended, and under the authority of the
state commission on environmental quality.
The division under the control of the director designated
to perform garbage and trash collection services, landfill waste disposal
and recycling for the city.
Waste accumulation of tree branches, tree limbs, parts of
trees, bushes, shrubbery and cuttings or clippings created as refuse
in the case of trees or bushes.
Property that does not contain any structure whatsoever.
Major appliances such as refrigerators, freezers, washing
machines, dryers, hot water heaters, stoves, dishwashers, etc.
Leaves, grass clippings, yard and garden debris, and brush,
including clean woody vegetative material not greater than six (6)
inches in diameter, that results from landscaping maintenance and
land-clearing operations. The term does not include stumps, roots,
or shrubs with intact root balls.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 1, adopted 7/12/94; Ordinance 00-63, sec. 1, adopted 8/15/00; 1978 Code, sec. 28-20.1; Ordinance 08-040, sec. 1, adopted 5/13/08; Ordinance 11-046, sec. 1, adopted 7/19/11)
The administration and enforcement of the provisions of this
article, including provisions for refuse collection throughout the
city, by both private contractors and the city, shall be primarily
the duty of the solid waste division with assistance from other city
departments.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.2; Ordinance 08-040, sec. 2, adopted 5/13/08)
(a)
Authority to issue.
Inspectors appointed by the department head shall have the authority to enforce sections 22.05.006, 22.05.009, 22.05.010, 22.05.011, 22.05.051, 22.05.053, 22.05.056, 22.05.058, 22.05.012, 22.05.013, 22.05.060, 22.05.061, 22.05.062, 22.05.063, 22.05.103, 22.05.104, 22.05.134, 22.05.137, and 22.05.058 of this article by issuing a notice, in accordance with subsection (b) of this section, informing the proper person of the date and nature of violation. Other violations of this article shall be enforced by the issuance of a summons or warrant as provided by law.
(b)
Method of issuance.
When an inspector issues a notice
for a violation of this article, notice shall be sufficient if served
on the offending person by:
(c)
Response.
The party who receives a notice of violation by certified mail will pay the fee assessment set forth hereinbelow in full satisfaction of such violation. The fee assessment will be included on the water bill for payment in accordance with section 22.05.213. Continued violation of the sections in subsection (a) of this section may result in termination of garbage service and institution of legal action.
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For violation of section:
|
Fee Assessment
|
|---|---|
|
22.05.006
|
$15.00
|
|
22.05.009
|
$15.00
|
|
22.05.010
|
$15.00
|
|
22.05.011
|
$15.00
|
|
22.05.051
|
$10.00
|
|
22.05.053
|
$10.00
|
|
22.05.056
|
$10.00
|
|
22.05.058
|
$15.00
|
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, secs. 28-20.3–28-20.5; Ordinance 08-040, sec. 3, adopted 5/13/08)
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a class C misdemeanor and, unless the penalty for such violation is paid in accordance with section 22.05.003 of this article, upon conviction thereof, the court may impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00).
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.6; Ordinance 08-040, sec. 4, adopted 5/13/08)
Any commercial establishment which desires to utilize a bulk
container for its refuse shall employ the services of a private contractor
to service that container. Such container shall at all times be clean,
neat, and in good state of repair. Cleaning up materials spilled from
the container when emptying shall be the responsibility of the private
contractor or the property owner or occupant. No refuse shall be placed
adjacent to any bulk container. The property owner of any establishment
for which a bulk container screening requirement applies must maintain
such screening in a clean and neat condition and in good state of
repair.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.7)
No infectious or pathological refuse or any other refuse that
may cause a public health hazard shall be placed in any container
used for collection by the city or collection by any private agency.
The following are several types of special refuse items which shall
be given special care and preparation before disposing of the same
in any refuse container:
(1)
Hypodermic instruments and other sharp articles.
No
person shall dispose of or discard any hypodermic syringe, hypodermic
needle or any instrument or device for making hypodermic injections
without prior placement in a puncture-resistant container for disposal
so as to avoid the possibility of causing injury to the collection
personnel.
(2)
Ashes.
Ashes that are to be collected by the city or private collectors must have been wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight as stipulated in section 22.05.051 and shall not be placed with the normal refuse unless separately wrapped, so that they will not cause injury to the collection personnel.
(3)
Pressurized cans.
All pressurized cans containing pesticides
or any other dangerous materials shall be released of all pressure
before being deposited in a container for collection by the city or
any private collection agency.
(4)
Glass.
All broken glass or any type of glass that may
cause injury to refuse collection personnel shall be separately wrapped
to prevent injury and placed with the normal refuse.
(5)
Pesticides.
All pesticides and other poisonous containers
shall be emptied and triple rinsed before being placed for collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.8)
(a)
The city shall not be responsible for the collection or hauling of
building materials originating from private property preliminary to,
during or subsequent to the construction of new buildings or alterations
or additions to existing buildings of whatever type or from demolition
of existing structures. Such material shall be removed by the owner
of the property or by the contractor. A stop work order may be issued
by the inspector until such material has been removed by the owner
or contractor. In addition, all contractors must provide refuse receptacles
for construction debris and litter to be deposited in on a regular
basis.
(b)
Loose dirt, mud, clay, rocks, construction materials and other debris
deposited upon any public highway, street and sidewalk or private
property as a result of construction or demolition operations shall
be immediately removed by the contractor. Construction and demolition
sites shall be kept clean and orderly at all times.
(c)
The prime contractor or developer of a construction or demolition
site shall be responsible for maintaining the site as required by
this section.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.9)
Industrial waste shall be collected, removed and disposed of
in an approved manner by the operator of the factory, plant or enterprise
creating or causing same.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.10)
(a)
No person shall place any accumulation of refuse or trash in any
street, street right-of-way, median strip, alley or other public place
of travel, nor upon any private property, except as stated in other
sections of this article.
(b)
It shall be unlawful for any person to:
(1)
Scatter refuse about or litter any public or private street, area
or place.
(2)
Cast, throw, place, sweep or deposit anywhere within the city any
refuse or trash in such a manner that it may be carried or deposited
by the elements upon any street, sidewalk, alley, sewer, parkway or
other public place or into any occupied or unoccupied premises within
the city.
(3)
Throw or deposit any refuse, trash or debris in any stream, body
of water, or drainage system.
(c)
The driver of any vehicle shall be responsible for assuring that
no litter is thrown from the vehicle or occurs through the lack of
proper covering.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.11)
No person shall place any refuse or refuse container on, in
or over any drainage system.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.12)
All owners or occupants shall maintain the real property owned
or occupied by them in a clean and litter-free condition. This section
shall not be construed as prohibiting the storage of refuse or litter
in authorized containers for collection pursuant to the provisions
of this article.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.13)
No person, other than employees of the city charged with such
duty, shall interfere with the contents of any refuse container set
out for removal by the city or any private collection agency, unless
authorized by the director or his designee. It shall be unlawful for
any person to damage or destroy any refuse container placed at the
curbline for collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.14; Ordinance 08-040, sec. 5, adopted 5/13/08; Ordinance 11-046, sec. 1, adopted 7/19/11)
(a)
No person or persons, other than the current resident of the property
on which the items are placed or an authorized carrier, shall remove,
pick up, or transfer recyclable materials, containers or bins left
at curbside in either specifically marked recovery containers or any
other type of container which is to be picked up by a designated carrier
for the purpose of removal of recyclable materials. Materials referred
to, and to be left at curbside in specifically marked containers,
will include recyclable materials included in the city’s recycling
program.
(b)
Each removal of an item or items from a residential subdivision residence
location or a single-family residence location shall constitute a
separate violation of this section. Unauthorized persons removing
materials or bins other than those persons designated by the city
to remove such materials shall be fined as follows:
(1)
Upon first conviction of violation of this section, the person shall
be fined twenty-five dollars ($25.00) for each such violation.
(2)
Upon second conviction of violation of this section, the person shall
be fined one hundred dollars ($100.00) for each violation.
(3)
Upon third and subsequent convictions of violation of this section,
the person shall be fined two hundred dollars ($200.00) for each such
violation.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.15)
It shall be unlawful for any citizen, commercial establishment
or private hauler to haul garbage, trash, waste or refuse on city
streets without proper equipment for this purpose. No vehicle will
be used for transporting this type of material unless it is:
(1)
Equipped with adequate sideboards and tailgate to fully contain waste
and prevent accidental blowing or discharge at any time.
(2)
Completely covered with a tarp if loose materials extend above the
sideboards.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-45)
