For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Brush.
Tree trimmings, hedge trimmings, plants or grass clippings and Christmas trees.
Bulk waste.
Stoves, refrigerators which have CFCs removed by a certified technician, water tanks, washing machines, furniture and similar waste materials that may be disposed of in a landfill.
Construction debris.
Waste building materials resulting from construction, remodeling, repair or demolition operations.
Commercial.
Any structure or business other than residential, including hotels, motels, structures containing more than two dwellings, residential care facilities and churches.
Commercial containers/dumpsters.
Containers of two-yard capacity or greater supplied by the company to service commercial customers.
Commercial hand collect unit.
A commercial type of business that generates refuse not to exceed the maximum capacity of four polycarts (95-gallon capacity per cart) for collection one (1) time per week.
Garbage.
Solid waste that is perishable, animal and vegetable waste materials from handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and the sale of produce and other food products.
Household hazardous waste.
Leftover household products that contain corrosive, toxic, ignitable, or reactive ingredients. Products such as paints, cleaners, oils, batteries, and pesticides that contain potentially hazardous ingredients require special care when you dispose of them.
Industrial solid waste.
All residue or waste as defined in section 361.003(2) and (3) of the Texas Health and Safety Code, as amended.
Polycart.
A rubber-wheeled receptacle with a maximum capacity of 95 gallons, constructed of plastic, metal or fiberglass, designed for automated or semi-automated solid waste collection systems, and having a tightfitting lid capable of preventing animals from accessing the contents of the cart. The weight of the polycart and its contents shall not exceed 175 pounds. Polycarts will be provided to each residential unit and commercial hand collect unit, with ownership retained by the contractor.
Recycling container.
An allowed receptacle designed for the purpose of curbside or alley collection of recycling commodities. Recycling containers will be provided to each residential unit, with ownership retained by the contractor.
Recyclable materials.
All post-consumer products that qualify for reuse or reprocessing as another product.
Refuse.
Bulk waste, construction debris and stable matter generated at a residential unit unless the context otherwise requires, and commercial and industrial refuse.
Residential.
Private residences and multifamily dwellings of not more than two units.
Solid waste.
All material including unwanted or discarded waste material in a solid or semi-solid form, including but not limited to garbage, rubbish, refuse, kitchen and household waste, brush, appliances, furniture and furnishings, ashes, food containers, sludge, and water supply treatment [sic]; provided that such material must be of the type and consistency to be lawfully accepted at the sanitary landfill under applicable federal, state and local laws, and as defined in section 361.003(35) of the Texas Health and Safety Code, as amended.
(Ordinance 2006-05-16 adopted 5/22/06; Ordinance 2010-03-01, sec. 1, adopted 3/22/10)
Any person, firm or corporation violating any of the provisions or terms of this article shall be subject to a fine in accordance with section 1.01.009 of the Code of Ordinances for all other violations [sic]. Each day a violation continues shall constitute a separate offense.
(Ordinance 2006-05-16 adopted 5/22/06)
Every resident and commercial enterprise within the city shall be required to use a registered collection service and pay the collection fee as established by the city and/or contractor. It shall be unlawful for any person engaged in the removal, handling, transfer, or in any manner dealing with garbage, rubbish, manure, refuse, or other waste matter, either in person or by his agent, employee or servant, to separate, unload, offer for sale, trade, or exchange all or any part of such garbage, rubbish, waste, manure, refuse, or other waste material, within the jurisdiction of the city, except at places designated by and in compliance with this article.
(Ordinance 2006-05-16 adopted 5/22/06)
No person except employees of the city, or its designated collection agency, shall remove from any solid waste, garbage or waste material container, refuse of any kind, or in any way interfere with any such container or receptacle; provided, however, this provision shall not apply to any owner or occupant of premises on which such receptacle or container is located in accordance with a contract with the city or as otherwise authorized by franchise.
(Ordinance 2006-05-16 adopted 5/22/06)
Private persons or companies who may otherwise obtain permits to collect and remove garbage from the city shall remove garbage and solid waste under the terms specified by the city.
(Ordinance 2006-05-16 adopted 5/22/06)
No permit issued to any junk dealer by the city shall authorize any such permittee to remove any such waste material from any garbage container or receptacle or in any way interfere therewith.
(Ordinance 2006-05-16 adopted 5/22/06)
(a) 
Solid waste containers must meet the following requirements:
(1) 
Residential containers.
(A) 
Unless otherwise authorized by the city, every owner, tenant, occupant or lessee using or occupying any building, house, or structure within the city limits shall use a 95-gallon polycart provided by the city's solid waste collection contractor or such other containers authorized in this section. Each household will be issued one (1) polycart for solid waste and one (1) polycart for recyclables. Up to three (3) additional polycarts per residence or commercial hand collect unit are available at a monthly fee determined by the city and/or contractor.
(B) 
All garbage and trash mixed with water or other liquids shall be drained and placed in a plastic bag before being placed in a polycart.
(C) 
The lids of the 95-gallon polycarts shall at all times be closed so that animals, rodents, flies and other insects may not have access to the contents thereof.
(D) 
Every owner, tenant, occupant or lessee using or occupying any building, house or structure within the city limits shall notify the city of any loss, theft or damage to the residential garbage receptacles and shall be responsible for the replacement costs unless the damage is a result of collection by the contractor.
(E) 
It shall be the duty of every residential customer to keep the 95-gallon polycart and other approved receptacles in a clean and sanitary condition.
(F) 
Polycarts and other approved receptacles for street front collections shall be stored behind the front building line except when placed out for collection. Polycarts or other approved receptacles for rear alley collections shall be stored behind the rear property line except when placed out for rear alley collection.
(2) 
Commercial containers.
All commercial properties shall use a commercial container service provided by a garbage and/or solid waste collection company with a valid franchise agreement with the city.
(b) 
The city manager or designee shall cause regular inspections to be made to ensure compliance with the terms of this section, and if any unsanitary receptacle or unauthorized receptacle is found, notice shall be placed upon such receptacle informing the owner to clean or remove same within five (5) days. Failure to comply with such notice shall constitute a violation of this section and is subject to removal of the receptacle by the city and fines in accordance with section 1.01.009 of the Code of Ordinances.
(Ordinance 2006-05-16 adopted 5/22/06; Ordinance 2010-03-01, sec. 2, adopted 3/22/10; Ordinance 2010-03-01, sec. 3, adopted 3/22/10)
(a) 
Residential collection.
(1) 
There shall be collection one (1) time weekly for regular garbage and biweekly for recycling materials for residential and commercial hand collect units.
(2) 
It shall be the duty of the owner, occupant, tenant or lessee of a residence, commercial hand collect establishment or other building to place the garbage in the polycart at the curbline or alley most accessible to the collection crew vehicle as determined by the contractor.
(3) 
The polycart and other approved containers shall not be placed at the curb or in the alley before 8:00 p.m. prior to the designated day of collection and shall be placed at the curb or in the alley no later than 7:00 a.m. on the designated day of collection. Polycarts and other approved containers shall be removed from the roadway or alley point of collection within twenty-four (24) hours of collection.
(4) 
Materials intended for recycling shall be placed in the polycart designated for recycling materials. Collection for recycling materials will occur biweekly on a date determined by the contractor.
(5) 
All perishable waste must be bagged and placed inside polycarts.
(6) 
When a residential customer is physically unable to place their cart at the curb, special assistance will be made available, as determined by the city and the contractor.
(b) 
Commercial collection.
(1) 
All commercial properties that exceed the requirements of commercial hand collect shall use a commercial container service provided by a garbage and/or solid waste collection company with a valid franchise agreement with the city.
(2) 
All new and existing commercial properties shall provide a concrete dumpster pad and approach to be visually screened by a solid fence or screening as required by the development code, of sufficient height to conceal the container on all sides, except on the side used for garbage pickup service such side shall not be required to be screened. Placement of the dumpster enclosure shall be behind the front building line and exterior side yard building line adjacent to a street and shall have a five-foot (5') rear property line setback and a five-foot (5') side yard setback line. When a condition exists that a property cannot meet the setback requirements, review of the site plan by the planning division will be required to determine a suitable location for the enclosure. Acceptable dumpsters shall be constructed in compliance with city standards. All dumpster enclosures are required to be maintained in conformance with an approved site plan and/or in a clean and safe manner. The property owner must maintain the dumpster surroundings in a clean and sanitary condition, and is responsible for removing and properly disposing of waste materials stacked outside the commercial container/dumpster or causing the commercial container/dumpster to be overfilled.
(3) 
Commercial open top metal containers shall be based on volume or type of solid waste. Commercial or industrial customers may utilize open top containers of ten (10) cubic yards or greater as provided by a trash collection company with a valid franchise agreement with the city.
(c) 
Placement for collection from residences.
It shall be the duty of every owner, tenant, occupant or lessee using or occupying any building, house or structure within the city limits which is a private residence, and for which a container for garbage is required, to place or cause to be placed such container at the location of such premises for the removal of the contents of the container, at such time and in such manner as the city may direct, which is as follows:
(1) 
Each polycart and recycling container shall be placed in the alley or at curbside for collection. Curbside refers to that portion of the right-of-way adjacent to paved or traveled city roadways (including alleys.) Polycarts and recycling containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, polycarts and recycling containers shall be placed as close as practicable to an access point for the collection vehicle. The contractor may decline to collect any polycart or recycling container not so placed. Should the alleyway not be wide enough to accommodate vehicles for polycart service, the contractor shall notify each affected residential unit of the proper location for polycart service.
(2) 
All solid waste must be placed within the polycart containers, with the exception of brush and bulk items as prescribed in section 24.02.009. Nothing may be placed on top of or around the polycart. The lid must be closed and secured. The city contractor shall dispose of any waste materials left outside a polycart, and the property owner or resident shall be billed for the costs of the additional disposal. Continued placement of solid waste materials outside the polycart could result in a citation.
(Ordinance 2006-05-16 adopted 5/22/06; Ordinance 2010-03-01, sec. 4, adopted 3/22/10; Ordinance 2010-03-01, sec. 5, adopted 3/22/10; Ordinance 2010-03-01, sec. 6, adopted 3/22/10)
Brush and bulk waste collection shall be provided six (6) times per year to all residential properties. All brush and bulk items shall be placed between the curbline and the sidewalk; however, if a curb and/or sidewalk is not present, the brush and bulk items shall be placed immediately adjacent to the street, but shall not in any way hinder or block passage of motor vehicles or pedestrians. The quantity of brush or bulk items shall be contained to twelve (12) cubic yards. If the quantity of brush/bulk items exceeds the required size limitations, it is the responsibility of the occupant to remove the brush/bulk at their own expense. It shall be unlawful to place brush and bulk items out for collection prior to the Saturday before the scheduled collection week. Brush and bulk items shall be stored in the rear yard and be kept out of public view until the Saturday before the scheduled collection week. It shall be unlawful to place brush and bulk items on any property other than in an authorized municipal solid waste or recycling location. It shall also be unlawful to place brush and bulk items on any other property than your own. Failure to remove brush and bulk waste that is in violation of this section will result in the city causing such to be removed and all costs assessed against the property. Tires are not considered bulk waste and must be properly disposed of by the owner.
(Ordinance 2006-05-16 adopted 5/22/06)
It shall be the duty of any person employing a contractor, tree-trimmer or other person to trim or prune trees or shrubs to have said trimmings removed from the premises at his own expense if the amount exceeds the twelve (12) cubic yards allowed for each residential property.
(Ordinance 2006-05-16 adopted 5/22/06)
Trash resulting from construction or major remodeling, or the same resulting from a general cleanup of vacant or improved property just prior to its occupancy or otherwise resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for construction, will be removed by the city as a regular service if the twelve (12) cubic yard allowance per residential property is not exceeded. Otherwise the owner will have such debris removed at his own expense. If a building or demolition permit has been issued, then debris and waste removal is subject to the requirements of the building inspections division.
(Ordinance 2006-05-16 adopted 5/22/06)
Wastes from processing operations, including wastes from fruit and vegetable produce houses, poultry dressing establishments, meat processing, and meat packing plants, must be disposed of by the owner or occupant of the building, business, or premises where such wastes originate. The city reserves the right to further designate appropriate solid waste, as provided in the regulations of the state commission on environmental quality, within the above classification.
(Ordinance 2006-05-16 adopted 5/22/06)
Carcasses of dogs, cats, or any other dead animals shall not be placed in garbage containers. The dead animal pickup service of the animal services department of the city will, upon notice to do so, remove such small dead animals. It shall be unlawful for any person to leave or deposit any dead animal in any street or alley except in such manner as shall be designated by the city. The disposal of deceased livestock is the responsibility of the owner.
(Ordinance 2006-05-16 adopted 5/22/06; Ordinance 2010-03-01, sec. 7, adopted 3/22/10)
The following acts, among others, are declared to be unlawful and in violation of this article, and are declared to be trespasses and subject to penalties prescribed in this code, but such enumeration shall not be deemed to be exclusive:
(1) 
The throwing, placing, dumping or depositing of any solid waste, garbage, refuse, or animal or vegetable waste matter of any kind on or in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the city or in or on any lot, vacant or occupied, driveway or other private property in the city.
(2) 
To cause or permit to be or remain in or upon any premises, private or public, garbage, any animal, vegetable, or mineral matter, or any composition or residue thereof, which is in an unsanitary condition or injurious to public health.
(3) 
The draining or discharging of pesticides, grease, petroleum products, paints, sewage, septic tanks, grease trap waste, cooling towers, etc., and toxic chemicals onto any property, street, alley or storm sewer.
(Ordinance 2006-05-16 adopted 5/22/06)
It shall be unlawful to deposit or leave any refuse or material in such a place or condition that it can be blown by the wind so as to scatter or cause clouds of dust or particles, and it shall be unlawful to permit the escape of soot, ashes, or other solid products or results of combustion so as to be windblown or scattered.
(Ordinance 2006-05-16 adopted 5/22/06)
(a) 
The city currently contracts the removal of residential and commercial refuse. Rates for such services will be determined in accordance with respective service contracts approved by the city council.
(b) 
The city reserves the right to determine whether refuse services will be commercial and/or residential.
(Ordinance 2006-05-16 adopted 5/22/06)
Subject to the exceptions provided in this article, no person, firm or corporation shall use the streets, highways, public thoroughfares and properties of the city, including its alleys and other public places, for the private commercial gathering and hauling of garbage and trash for fee, except by ordinance duly passed under the provisions of article III, section 17 [article X], of the home rule city charter or by contract duly authorized and entered into between the city and a person, firm or corporation chosen as independent contractor for the gathering and hauling of municipal solid waste in the city. Franchise holders shall assure quality of service by monitoring character of workers, well-maintained equipment and timely response to and remediation of damage and spillage complaints.
(Ordinance 2006-05-16 adopted 5/22/06)
In any complaint and in any action or proceedings brought for the enforcement of any provision of this article, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this article, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
(Ordinance 2006-05-16 adopted 5/22/06)
The city contractor shall implement an incentive-based recycling program in the city, providing participating customers with rewards based on the average weight of recyclables per household, calculated by dividing the weight of recyclables in a load by the number of recycling participants on the load. Rewards shall be redeemable through the city contractor's program.
(Ordinance 2010-03-01, sec. 8, adopted 3/22/10)
For and in consideration of compliance by each franchisee with the covenants and conditions herein set forth, and the ordinances and regulations of the city governing the collecting and disposing of residential solid waste, and upon application and approval as provided herein, the city hereby agrees to grant to each franchisee a franchise to use the public streets, alleys and thoroughfares within the corporate limits of the city for the purpose of engaging in the business of collecting and disposing of garbage and solid waste generated within the corporate limits of the city.
(2002 Code, sec. 13.1401)
Each franchisee shall make application to the city manager or his designee to be considered for a franchise under the covenants of this division. Said franchise, if granted, shall remain in effect for five (5) years, when each franchisee shall renew its said franchise. No fee shall be charged for the application and franchise process. Each application shall provide information including but not limited to company name, operation address, client listing and standard operating procedures.
(2002 Code, sec. 13.1402)
This franchise shall not be taken or held to imply the relinquishment or waiver by the city of its power to make reasonable requirements or regulations, and the city hereby expressly reserves the right to make all regulations which may be necessary to properly secure, in the most ample manner, the safety, welfare and accommodation of the public, including, among other things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage and waste collections, and to provide such service as is contemplated by this franchise.
(2002 Code, sec. 13.1403)
Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the city, including the right to make such changes and amendments of said rules and regulations as the city may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants.
(2002 Code, sec. 13.1404)
It is expressly agreed and understood that each franchisee shall collect and deliver for disposal all garbage, brush and limbs, bulky items and dead animals from residential sites, with the sole exception of hazardous wastes as defined by the United States Environmental Protection Agency. The franchisee shall, at its own expense, furnish personnel to collect garbage and solid waste and will establish and maintain in an efficient and businesslike manner such scheduled routes and special schedules as may be necessary to fulfill the solid waste service requirements of the city. Unless otherwise established by contract or enactment of the governing body, collection schedules shall be determined by the city.
(2002 Code, sec. 13.1405)
Each franchisee shall submit with its application a standard operating procedure for review by the council. The city council shall review the application and procedure and award a franchise if they meet the requirements of this division. The city council shall act on the proposed procedure and application within sixty (60) days after filing. Costs which may hereafter be incurred by each franchisee in conforming with any changes in standards of performance shall at that time be negotiated between the parties thereto.
(2002 Code, sec. 13.1406)
The city shall have sole discretion regarding setting and implementation of rates.
(2002 Code, sec. 13.1407)
In consideration of the grant contained in section 24.02.061 hereof, each franchisee agrees to pay to the city seven (7) percent of the gross receipts collected by the city from contracted solid waste accounts for services rendered under the provisions of this franchise, said fees to be paid monthly.
(2002 Code, sec. 13.1409)
The franchisee shall, at its own expense, provide a telephone answering service or office to answer calls from 8:00 a.m. until 5:00 p.m. daily, Monday through Friday, excluding such holidays as may be approved by city, for the purpose of handling complaints and other calls regarding collection services provided by each franchisee.
(2002 Code, sec. 13.1410)
All vehicles and equipment used by each franchisee for the collection and transportation of residential garbage and solid waste shall be clearly marked with the franchisee's name in letters not less than two (2) inches in height. In the event the city shall at any time require, the franchisee shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than two (2) inches in height.
(2002 Code, sec. 13.1411)
Each franchisee agrees to dispose all solid waste collected within the city at a sanitary landfill site approved by the state. Each franchisee will be responsible for payment of all landfill fees.
(2002 Code, sec. 13.1412)
If at any time the franchisee shall fail to perform any of the terms, covenants or conditions herein set forth, provided such failure is not due to war, insurrection, riot, strike, act of God or any other cause beyond each franchisee's control, the city may, after a hearing as described herein, revoke and cancel the grant given in section 24.02.061 hereof and this franchise shall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to each franchisee by registered or certified mail, addressed to the franchisee at the address shown on the records of the city, and a period of at least ten (10) days has elapsed since the receipt of such notice. The notice shall specify the time and place of the hearing and shall include the specific reasons for revocation of such franchise and this agreement. The hearing shall be conducted in public by the city council and the franchisee shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out against him in the notice. If after the hearing is concluded the city council shall determine that the charges and allegations set forth in this notice are affirmed by the facts presented at the hearing, they may, by a two-thirds vote of all councilmembers, revoke and cancel the franchise, and the same shall be null and void thirty (30) days thereafter.
(2002 Code, sec. 13.1413)
The city and each franchisee agree to maintain at their respective places of business, adequate books and records relating to the performance of their respective duties under the provisions of this agreement. The records of both parties applicable to the performance of this agreement shall and will be available when wanted for inspection by any other party at any time during normal working hours. Each franchisee may at any time, and at the city's option, be required to cause a formal audit to be made of that portion of such franchisee's books and records representing the city's operation or any portion of its other operations which may be allocated or charged to the city operation. Both parties agree that the expense of such audit will be paid for by the city if such audit is required by the city.
(2002 Code, sec. 13.1414)
(a) 
Each franchisee assumes the risk of loss or injury to property or persons arising from any of its operations under this agreement, with the exception of public streets and alleys to be trafficked by the franchisee's vehicles in the normal course of business, and agrees to indemnify and hold harmless the city from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorney's fees, arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit the liability of the franchisee. Each franchisee agrees to carry insurance during the entire term of this agreement as follows:
(1) 
Worker's compensation insurance covering all employees of such franchisee engaged in any operation covered by this agreement.
(2) 
Automobile and public liability insurance in amounts not less than those established as maximum recovery limits under the Texas Civil Practice and Remedies Code, or in accordance with any contract with the city, whichever is higher.
(b) 
Such policies of insurance shall be issued by companies authorized to conduct business in the state, and shall name the city as an additional insured. Certificates evidencing such insurance contracts shall be deposited with the city. The policy limits provided herein shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code and the laws of the state relating to worker's compensation insurance.
(2002 Code, sec. 13.1415)
This agreement constitutes the minimum required conditions and understanding between the city and the franchisee, and it shall not be considered modified, altered, changed or amended in any respect unless modified by ordinance of the city as provided herein, or unless a written contract provides additional requirements or conditions.
(2002 Code, sec. 13.1416)
The failure of the city at any time to require performance by each franchisee of any provisions hereof shall in no way affect the rights of the city, nor shall any breach of any provisions hereof be taken or held to be a waiver of any provision itself.
(2002 Code, sec. 13.1417)
If any provision of this agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect.
(2002 Code, sec. 13.1418)