For purposes of this article, the following definitions shall
apply:
A business which is not a food service establishment; a business
which does not sell produce or meat; an establishment which generates
less than two (2) yards of refuse per week; establishments which are
not part of an integrated business development or “shopping
center”; multifamily dwellings containing four (4) units or
less; small freestanding commercial establishments or offices which
generate quantities of refuse comparable to residential units; those
units described above which have not filed a waiver with the city
signifying that they do not wish city service.
Each tenant of a commercial building designed to house more
than (1) occupant shall be deemed a single commercial unit, except:
Commercial buildings, including apartments and office buildings,
where the owner provides garbage collection as a part of the landlord's
obligation and provides one (1) single location for collection of
garbage;
Commercial buildings under more than one (1) ownership, including
but not limited to condominiums and townhouses where a property owners’
association provides garbage collection at one (1) single location;
and
Multiple detached buildings under single ownership on the same
tract of land where the owner provides garbage collection at one (1)
single location.
In each case where a single building houses a commercial unit
and a residential unit owned and occupied by the same person, the
unit shall be billed as a commercial unit.
A commercial unit within a residential unit not owned and occupied
by the same person shall be billed as a commercial unit.
All single-family residences, including those multifamily
dwelling units containing not more than four (4) single-family units.
(1999 Code, sec. 11.402)
The city shall provide garbage pickup service to the citizens
and businesses of the city on a regular basis upon terms established
from time to time by the city council. The city may provide such service
through contract with private collection services.
(1999 Code, sec. 11.401)
(a)
Every residential unit shall be required to participate in the city
collection service. Each residential unit shall pay minimum garbage
collection fees. Commercial units desiring to contract for private
garbage collection may do so and pay no garbage fee to the city upon
presentation to the city secretary of a copy of such private contract,
provided such private contractor shall meet the requirements hereinafter
set out.
(b)
All garbage shall be placed adjacent to a public street for pickup.
Commercial accounts may place garbage in dedicated paved alleyways
where access has been and continues to be available.
(1999 Code, sec. 11.403)
(a)
Residential units.
Each residential unit shall pay to the city the sum as provided for in the fee schedule found in appendix A of this code. In those cases where the city is unable to provide garbage pickup service, no charge shall be levied.
(b)
Small commercial units.
Small commercial units generating less than two (2) cubic yards of uncompressed garbage per week shall pay a fee as provided for in the fee schedule found in appendix A of this code.
(c)
Payment of charges.
The charges made by the city for
collection of garbage, trash and refuse shall become a part of the
monthly charges due the city the same as water and/or sewer services,
on the condition that all payments and/or partial payments made by
any customer on such monthly service bill shall be applied first to
the payment of charges due and owing on the garbage collection fee
due the city. Provided further that this service represents a health
need to the citizens of the city and that the delinquent fees due
for collection of garbage shall never constitute grounds to discontinue
the collection thereof.
(d)
Collection in developments with private streets.
Where
garbage collection is desired in developments with private streets,
a letter holding the city harmless for any damages or deterioration
to such property signed by the owner must first be on file with the
city.
(1999 Code, sec. 11.404)
(a)
Residential standards.
Containers shall be in accordance
with the city's solid waste agreement or regulations adopted by the
city.
(b)
Commercial establishment standards.
(1)
Containers.
Each commercial establishment shall provide
at least one (1) container of a capacity of not more than thirty (30)
gallons for the purpose of storing garbage and refuse which accumulates
from and around such commercial establishment. Such container or containers
shall be in good condition and repair with a substantial bottom of
sufficient strength to hold the weight of the contents of such container,
and with a securely fitting top enclosing such container.
(2)
Storage of trash.
All trash from commercial establishments shall be stored in the type of container provided in subsection (1) hereof, or shall be stored in substantial packing boxes; provided, however, any trash stored in a container other than provided in subsection (1) hereof shall be kept dry and under cover until the day when the trash is to be collected so the contents of such packing box will not blow out of the box or the box will not get wet and fall apart when loading on the truck.
(4)
Removal of garbage and refuse.
All garbage and refuse
shall be removed from the premises of every commercial establishment
in the city at least two (2) times each week and all trash shall be
removed from each commercial establishment at least one (1) time each
week.
(c)
Violations; penalty.
The city, or its agent or contractors,
shall be under no obligation to pick up, collect and remove any garbage,
trash or refuse from any residence or commercial establishment where
the residences or commercial establishments fail or refuse to provide
the containers and enclosures meeting the standards required by this
section.
(1)
The municipal health officer, fire marshal or any city official shall
be entitled to file a complaint in the municipal court of the city
against any owner or occupant of any residence or commercial establishment
within the city who allows garbage, trash and/or refuse to accumulate,
collect or be stored contrary to the provisions of this section.
(2)
Any person, firm or corporation who shall allow garbage, trash and/or refuse to accumulate, collect or be stored at any residence or commercial establishment within the limits of the city contrary to the standards and provisions of this section shall be deemed guilty of creating a health hazard and/or fire hazard and upon conviction shall be fined as provided for in the general penalty provision found in section 1.01.009 of this code.
(d)
Placing waste in another's container.
It shall be unlawful for any person to place refuse, trash, or garbage into a residential or commercial garbage container not belonging to or under the control of such person, without the consent of the owner of the container or the person legally entitled to the use and possession of such container. In the case of a commercial establishment operated by a corporation, such permission shall be granted only by an employee of the corporation over the age of eighteen (18) years. Anyone found to have violated this provision shall be guilty of a misdemeanor and punished in accordance with the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 11.405; Ordinance 2832 adopted 1/22/18)
(a)
It shall be unlawful for any person, firm or corporation to empty
trash or garbage on the outside of the trench at the city's sanitary
landfill unless directed to do so by a landfill attendant.
(b)
No one shall be permitted access to the city's landfill save:
(1)
City residents who display current water bill stubs and whose refuse
is derived from their residence or place of business;
(2)
Private haulers under contract to the city; and
(3)
Others expressly authorized by the city council, and then only after
paying or agreeing to pay an appropriate fee established by the city.
(1999 Code, sec. 11.406)
(a)
Permit required for placement of container.
No person
may place upon the premises of any other person a container for the
collection and placement of garbage, refuse or trash with a capacity
larger than fifty-five (55) gallons unless he/she shall first have
obtained a permit for such container from the public works department
or other department designated to supervise garbage collection.
(b)
Container requirements.
Each container to be used for
garbage storage shall meet all requirements listed below:
(1)
Have a lid capable of sealing the container. Lids on containers shall
be closed at all times except when unloading;
(2)
Be constructed of sturdy metal;
(3)
The mouth of the container shall be equal to or greater than that
of the base;
(4)
Be leak-proof to prevent spillage or leakage; and
(5)
Be in capacity of two (2) cubic yards or more.
(c)
Sanitation.
A private container must be maintained in
a sanitary manner and no garbage, trash or refuse allowed to remain
after emptying. The lid must remain on the container at all times.
(d)
Identification of containers.
Each container shall have
applied to its exterior the name, address and telephone number of
the owner in contrasting colors so as to be readily visible.
(e)
Notice of violation; filing of complaint; removal of container.
In the event of violation of this article or any other ordinance of the city or law or ordinance of any other governmental authority, the officer charged with enforcing this article shall send notice of the violation to the owner as shown on the container and deliver notice to the person on whose premises the container is located. In the event such violation is not corrected within ten (10) days from the date the notice is mailed, as certified by the U.S. Postal Service, then the enforcement officer may file a complaint against the person on whose premises the container is located. The container shall be removed to a city storage lot. Such container may later be redeemed by the owner or his agent upon the payment of a storage and hauling fee as provided for in the fee schedule found in appendix A of this code. Containers unclaimed after thirty (30) days are declared abandoned and may be sold as surplus by the city upon resolution by the council, or destroyed upon recommendation of the enforcement officer which is approved by the council.
(f)
Permit required for operation of private garbage trucks; standards.
No person shall operate a private garbage truck within the city
without first having obtained a permit from the city. A private garbage
truck operating in the city shall meet the following standards:
(1)
Three hundred thousand dollars ($300,000.00) insurance for liability
for property and/or personal injury or death; five hundred thousand
dollars ($500,000.00) each occurrence. The city shall be shown as
an additional insured on each policy, and the policy shall provide
that the insurance company will notify the city if the policy is canceled
or terminated, ten (10) days prior to cancellation;
(2)
Storage areas shall be completely covered or self-contained while
moving; and
(3)
Allow no liquids or other refuse to escape into the city streets.
(g)
Application for permit; display; marking of vehicles.
Any person desiring to maintain a private garbage container as herein
provided or operate a private garbage truck shall furnish the following:
(1)
With each application for container, a fee as provided for in the fee schedule found in appendix A of this code.
(2)
Name, address, and telephone number of the owner, or, if a corporation,
the applicant must furnish the name, address, and telephone number
of a company officer or representative for purposes of notice.
(3)
A certificate showing that each truck for which an application is
sought is insured, showing the name and address of the insurance carrier.
(4)
An affidavit, signed by the applicant, and, in the case of a corporation,
signed by an officer authorized to sign for the corporation, agreeing
to indemnify and hold the city harmless from any claim or cause of
action arising out of the use of any permitted container or truck.
(5)
Each container permitted by the city shall have affixed and maintained
on an exterior surface a city permit issued by the city. Such permit
may be by stencil and spray paint applied by the enforcement officer
or his designees.
(6)
Each permitted truck operating inside the city shall have displayed
inside the cab, for inspection at all reasonable times, a current
permit signed by the enforcement officer.
(7)
Name, license number, and vehicle identification number of each truck.
Permits shall be issued for each truck and are nontransferable.
(h)
Frequency of collection; disposal of waste.
Each permitted
container shall be emptied at least two (2) times each week. No truck
used for private hauling of garbage, trash, or refuse shall be allowed
to remain inside the city limits overnight with garbage, trash, or
refuse inside. All collected garbage, trash, or refuse shall be disposed
of outside the city.
(i)
“Person” defined.
The word “person”
shall mean an individual, partnership, corporation, club or political
subdivision.
(j)
Penalty.
Any person who shall allow an unpermitted garbage container requiring a permit to remain on his premises for more than ten (10) days after written notice is given by the enforcement officer; or shall allow trash, garbage, or refuse to fall from, blow out of, overflow from, drop from, or otherwise escape from a container or a garbage truck onto a city street; or shall operate a private garbage truck as owner, operator, or driver without obtaining a permit and maintaining such permit within such truck; or shall violate any other provision of this article or any other ordinance of the city, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. Each separate day or portion thereof during which the violation occurs or continues shall be deemed to constitute a separate violation.
(1999 Code, sec. 11.407)
(a)
Supervision of receptacles and surrounding area.
The
owner of a commercial operation and/or the owner of the property on
which a commercial operation is located shall maintain constant supervision
and surveillance over the garbage, trash and refuse receptacles servicing
the commercial operation and the area surrounding the receptacles
and shall sanitize the receptacles at least weekly and not allow any
garbage, trash or refuse to collect outside the receptacles.
(b)
Pad; screening and gates; setback; access.
(1)
The owner of a commercial operation and/or the owner of the property
on which a commercial operation is already located on the effective
date of this section shall provide a level all-weather surface or
pad on which all garbage, trash and refuse receptacles servicing the
commercial operation shall be placed. A level pad and screening from
public view shall always be required. The term “pad” as
used herein shall mean an all-weather surface designed to withstand
ten thousand (10,000) pound single wheel loads. The pad and access
shall be of sufficient size to allow placement of a receptacle or
receptacles, construction of screening, and allow access from the
owner's or operator's driveway or parking lot to a private hauler.
A fence no less than 6 feet tall but at least 12 inches taller than
the tallest dumpster inside, through which no light may pass, shall
surround such area. Such fence shall be sight-obscuring with a gate
with a latch, to secure the doors when closed, and to allow the placement
of garbage, trash and refuse in said receptacles as well as access
for a private hauler. Such gates shall be closed and latched at all
times except when opened to provide access to the receptacles. Gates
may be left opened during regular business hours on each regularly
scheduled collection day.
(2)
If the location is such that access must be directly from a public right-of-way or roadway, the receptacle must be placed in a location no closer than fifteen feet (15’) to the curb of a paved curb and gutter street. The owner and operator must provide a curb cut with lay-down driveway access to the pad. If the location is such that access must be directly from a public right-of-way or roadway, the receptacle must be placed in a location no closer than twenty feet (20’) to the edge of the paved traveled portion of a street which is not a curb and gutter street. It shall be unlawful for any truck or other vehicle to cross over a curb for purposes of picking up garbage, trash or refuse. The driver or operator of any vehicle found guilty of violating this provision shall be subject to the fines set out in subsection (i) of this section.
(c)
Establishments using city collection service.
If the commercial operation is not using a private garbage collector and is relying on the city for garbage collection, such pad and fenced area shall be located as above set out in subsection (b)(1) and shall provide easy access for removal of the receptacles to the curbside for municipal pickup. No receptacles shall be allowed at the curbside before 6:00 a.m. on the day of pickup or later than 8:00 p.m. on the day of pickup. It shall be an offense for any owner or operator of a commercial operation or the owner of any property on which a commercial operation is located to place or allow to be placed garbage, trash or any garbage or trash receptacle at the curb for pickup on any day except on regularly scheduled or specially scheduled pickup days within the hours specified herein.
(d)
Food service establishments.
No portion of this section
shall relieve the owner or operator of a restaurant or other food
service business of the requirement found elsewhere in the city code
that all garbage, trash and refuse shall be collected by a private
garbage collector.
(e)
Compliance.
The owner of a commercial operation and/or
the owner of the property on which a commercial operation is located
at the time of the passage of this section shall bring such property
in total compliance with this screening requirement within four (4)
months of the effective date of this section. For purposes of this
section, the effective date of this section shall be July 5, 1999.
All new commercial construction shall be required to include drawings
showing screening compliance prior to the issuance of a building permit.
Fees for permits for new construction will be charged in accordance
with the city permit fee schedule. No fee shall be charged for permits
issued to owners and/or operators of a commercial operation in existence
on the effective date of this section provided application for the
permit is made within the time allotted for compliance.
(f)
Variances.
Any owner of a commercial operation and/or
the owner of the property on which a commercial operation is located
whose property, because of unusual conditions on the property which
prevent strict compliance with this section, may seek a variance from
this section by presenting to the building and standards commission
an alternate plan which accomplishes the purpose of this section,
mainly the maintenance of a clean and sanitary storage area, screening
from public view and proper access and setback from public roads and
rights-of-way.
(g)
Applicability.
The term “commercial operation” shall mean a building or use of property which is not a single-family residence or a multiple-family dwelling containing no more than two dwelling units. Commercial operation includes but is not limited to all governmental buildings and property, private businesses, apartment buildings, condominiums, motels and hotels, shopping centers, townhouse developments, private and public schools, and mobile home parks on a tract of land divided into rental spaces under common ownership or management for the purpose of locating two or more HUD-code manufactured homes. Recycling bins for collection of waste paper, owned or operated by a public school district or other governmental entity shall not be included in the definition of “commercial operation”; however, such recycling bins shall be maintained on a concrete pad as described in subsection (b) hereof.
(h)
Receptacles stored inside closed building.
The screening
requirements and requirements for construction of a concrete pad shall
not apply to those commercial operations storing all trash receptacles
inside a closed building except when placed curbside on collection
day. In such cases, no receptacle shall be placed curbside before
6:00 a.m. on the day of collection and must be removed by 8:00 p.m.
on the day of collection. No receptacles shall be placed or allowed
to remain at curbside except on the collection day or days between
the hours herein specified.
(i)
Penalty.
The city council has adopted this section requiring screening of garbage receptacles and related matters in order to protect health, life, and property and to preserve the good government, order and security of the city and its residents. Any owner in violation of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. The establishment of a fine for the enforcement of this section is provided in the Local Government Code section 54.001.
(1999 Code, sec. 11.408; Ordinance
adopting Code)
