The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means solid waste consisting of putrescible animal and vegetable
waste materials resulting from the handling, preparation, cooking
and consumption of food, including waste materials from markets, storage
facilities, and handling and sale of produce and other food products.
means any liquid or solid matter left over from or no longer
used or needed in any type of manufacturing process or oil field operations,
except salt water produced from oil wells, the disposal of which is
controlled by the state railroad commission, and sewage effluent or
solids from municipally owned sewage plants.
means rubbish, such as feathers, coffee grounds, ashes, tin
cans, paper bags, boxes, glass, newspapers, magazines and other such
paper products, grass, shrubs, flowers, yard cleanings, grass clippings,
leaves and tree trimmings not to include dirt, concrete, tile, plaster,
rocks and other such substances.
(1973 Code, sec. 13-1; 1991 Code,
sec. 26-1; 2007 Code, sec. 34-19)
(a)
Prohibited.
It shall be unlawful for any person to throw,
drop, cast or deposit upon any street, alley, sidewalk or any yard
or premises, public or private, any filth of any kind, or cans, paper,
trash, paper containers, rubbish, tree limbs, grass cuttings, bottles
or any other form of litter or waste matter.
(b)
Duties of business owners.
(1)
Generally.
The owner or occupant of any store or other
place of business situated within the city shall exercise reasonable
diligence at all times to keep his premises clean of wastepaper, wrapping
paper, paper napkins, cartons, package containers and other used or
waste materials thrown or left on such premises by its customers,
and to take reasonable measures to prevent the same drifting or blowing
to adjoining premises.
(2)
Receptacles.
Receptacles of sufficient size and number
shall be placed on the premises accessible to the customers of such
business where the above referred to articles of waste may be disposed
of.
(3)
Signs.
Each and every business establishment shall place
upon its premises, in conspicuous places and in close proximity to
the receptacles above referred to, signs which shall, in essence,
convey to its customers a request that they use such receptacles for
the disposal of waste material.
(c)
Duties of customers.
It shall be unlawful for any customer
going upon the premises of another to in any manner dispose of wastepaper,
wrapping paper, paper napkins, cartons, package containers and other
used or waste materials except in receptacles provided for such purposes.
(1973 Code, secs. 13-2–13-4; 1991 Code, secs. 26-2–26-4; 2007 Code, sec.
34-20–34-22)
Vehicles used in the conveyance of garbage and trash within
this city shall be watertight and constructed or otherwise so equipped
to prevent the contents thereof from blowing, being blown or otherwise
falling upon the streets, alleys or other public ways in this city.
(1973 Code, sec. 13-20; 1991 Code,
sec. 26-5; 2007 Code, sec. 34-23)
Any person removing or collecting garbage and trash within this
city shall do so in as neat a manner as possible and shall maintain
the cleanliness of the premises from which the same are removed.
(1973 Code, sec. 13-21; 1991 Code,
sec. 26-6; 2007 Code, sec. 34-24)
The following words, terms and phrases when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means cardboard of a quantity or size that cannot be fitted
inside a container or cart and that is free of any contents or material.
means large discarded items from residences within the city,
such as appliances, furniture, household equipment, up to four (4)
cubic yards of construction and demolition waste from do-it-yourself
home projects, and other items too large for the cart.
means an approved rolling, molded plastic container, equipped
with a lid, capable of holding not more than ninety-five (95) gallons,
and designed to be collected by an automated collection vehicle.
means real property that is not a residential property.
means any solid waste generated from any improved real property
other than improved real property used for single- or two-family dwellings.
Commercial solid waste includes industrial waste and construction
and demolition waste.
means the owner or lessee of commercial property or of residential
property with respect to the collection of construction and demolition
waste.
means any person who collects, hauls, or transports commercial
solid waste, industrial solid waste, or residential construction debris
for a fee by use of a motor vehicle.
means waste resulting from construction or demolition projects,
which includes all materials that are directly or indirectly the by-products
of construction work or that result from demolition of buildings and
other structures. Such materials may include paper, cartons, gypsum
board, wood, excelsior, rubber, and plastic.
means a receptacle designed to contain solid waste and may
include a cart, dumpster, or residential container.
means the discharging, depositing, injecting, dumping, spilling,
leaking, or placing of solid waste or hazardous waste, whether containerized
or uncontainerized, into or on land or water so that the solid waste
or hazardous waste of any constituent thereof may be emitted into
the air, discharged into surface water or groundwater, or introduced
into the environment in any other manner.
means solid waste, animal or waste materials from handling,
preparation, cooking or consumption of produce, food or other biodegradable
matter.
means any waste identified or listed as hazardous waste by
any state or federal agency.
means hazardous waste generated by or from a residential
property. A list of residential or household hazardous waste items
designated to be collected from a residential property may be available
from the city.
has the meaning as defined in Texas Health and Safety Code,
chapter 361, as amended.
means the solid waste operator holding a license from the
city to collect and dispose of residential and commercial solid waste.
means solid waste resulting from or incidental to municipal,
community, commercial, institutional, or recreational activities,
and includes garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and other solid waste other than industrial
solid waste.
means an individual, corporation, organization, government
or governmental subdivision or agency, business trust, partnership,
association, or any other legal entity.
means waste that requires specific licensing under the Texas
Health and Safety Code, chapter 401 and the rules adopted by the Texas
Commission on Environmental Quality.
means a material that has been recovered or diverted from
the nonhazardous waste stream for purposes of reuse, recycling, or
reclamation, a substantial portion of which is consistently used in
the manufacture of products that may otherwise be produced using raw
or virgin materials. Although recyclable material is not solid waste,
it may become solid waste with respect to the party actually abandoning
or disposing of the material.
means a process by which materials that have served their
intended use or are scrapped, discarded, used, surplus, or obsolete
are collected, separated, or processed and returned to use in the
form of raw materials in the production of new products. Except for
mixed municipal solid waste composting, that is, composting of the
typical mixed solid waste stream generated by residential, commercial,
and/or institutional sources, recycling includes the composting process
if the compost material is put to beneficial use.
means a class I or class II substance as listed in 42 U.S.C.
section 7671a and rules adopted under that section, as amended.
means receptacle of a solid and durable grade and quality
of metal or other durable material, not less than ten nor more than
30 gallons in capacity or a cart. For vegetation debris and/or lawn
clippings, a residential container includes a brown paper or other
biodegradable/compostable bag that is disposed of with the waste material.
means real property containing a building designed for use
as a single- or a two-family residence.
means solid waste generated from a residential property that
can be enclosed in a container designed for solid waste. Residential
waste does not include bulk building materials or construction debris.
means a controlled area of land on which solid waste is disposed
of in accordance with standards, rules, or orders established by the
Texas Commission on Environmental Quality.
Shall be defined broadly to include:
All garbage, rubbish, refuse or other solid waste materials
normally generated from commercial or residential properties other
than recyclable material, hazardous waste generated by commercial
solid waste customers, domestic septage, grease trap waste, grit trap
waste, lint trap waste, or sand trap waste;
For residential properties, solid waste may include residential
waste, garbage, dead animals, bulky waste, green waste, recyclable
material, and residential hazardous waste as well as the state law
definition in Health and Safety Code section 361.003, which provides
that solid waste means garbage, rubbish, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility, and other discarded material, including solid liquid, semisolid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations and from community
and institutional activities.
The term:
Does not include:
Solid or dissolved material in domestic sewage, or solid or
dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit issued by the city;
Soil, dirt, rock, sand, and other natural or manmade inert solid
materials used to fill land if the object to the fill is to make the
land suitable for the construction of surface improvements; or
Waste materials that result from activities associated with
the exploration, development, or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under section 91.191, Natural Resources Code;
and
Does not include hazardous substances, for the purposes of Health
and Safety Code sections 361.271 through 361.277, 361.280, and 361.343
through 361.345.
means a person or business that collects or disposes of residential
and commercial solid waste in the city.
means thirty (30) days or less.
means construction and demolition waste from a project that
does not exceed 30 days.
means all garbage, refuse, rubbish, waste, junk, debris,
rubble, ruins, scrap, leavings, remnants, residue, soil or litter.
means a plastic bag or sack container that is designed and
sold for the purpose of pacing trash in it for disposal.
has the same definition as solid waste.
means all rank and uncultivated vegetable growth or other
matter which is liable to become an unwholesome or decaying mass or
breeding place for flies, mosquitoes, or vermin.
(Ordinance 22-920 adopted 3/10/22)
(a)
The city has the ownership interest in the waste stream and the right
and responsibility to properly regulate it.
(b)
It shall be unlawful for any person, other than those that are licensed
by the city to operate or cause any other person to operate a motor
vehicle upon a public right-of-way in the city for the purpose of
collecting for compensation solid waste, hazardous waste, liquid waste,
recyclable materials generated from a residential or commercial property.
Only a licensed waste transporter or hauler shall transport residential
or commercial waste.
(c)
Except as provided by section 12.03.036 of this article (Revocation), the license is valid for a term beginning January 1 or upon issuance and ending December 31 annually.
(d)
A license may be automatically renewed unless the terms of the license
specify that it is not automatically renewed.
(e)
Any license subject to automatic renewal shall not be automatically
renewed if notice is sent by the city to the address provided by licensee
in licensee’s application that such automatic renewal is withdrawn.
(f)
This section shall not be construed either explicitly or implicitly
to provide for an exclusive license or franchise to any person to
provide waste collection services on behalf of the city.
(Ordinance 22-920 adopted 3/10/22)
To obtain or renew a license under this article, the application
must be made on forms provided by the city for that purpose along
with any initial or renewal application fee. The application requires
that the applicant:
(1)
State the name under which the applicant conducts business, the business
address, and the telephone number;
(2)
State the make, model, and body style of each motor vehicle to be
used in the city;
(3)
Submit legally binding proof of liability insurance for the motor
vehicles in the amounts required by law;
(4)
Submit legally binding proof of insurance for the types of insurance
and amounts of insurance required for licensee;
(5)
Current customers, routes and end destination;
(6)
Agree to abide by and be bound by the provisions of this article
and to comply with all other federal and state laws applicable to
the licensee’s activities; and
(7)
Submit any other information reasonably required by the city to administer
this article.
(Ordinance 22-920 adopted 3/10/22)
(a)
All licensees must prominently place clearly legible letters not
less than five (5) inches in height on both sides of the vehicles,
containers and equipment that the licensee operates within the city
that identify the assigned number of each vehicle and the name and
telephone number of the licensee.
(b)
All licensees providing collection services for recyclable materials
must display recycling signage on all vehicles, containers, and equipment
in legible letters not less than five (5) inches in height.
(c)
All licensees’ vehicles, containers and equipment must be well-maintained,
in good repair, clean, sanitary, and free from leaks and excessive
emissions.
(d)
All licensees must contain, enclose or tie all solid waste and recyclable
materials that prevents spilling, leaking or blowing.
(e)
All licensees must immediately clean up all leakage, spillage and
blown debris resulting from the licensees’ vehicles or equipment.
(f)
All licensees must maintain all vehicles, containers and equipment
in compliance with the laws and manufacturers’ specifications.
(g)
All licensees must maintain all required insurance during the term
of the license, and provide legally binding proof of said insurance
upon request of the city.
(h)
All licensees must notify the city of any change in the information
submitted in an application for a license, including a change in the
name, address or telephone number of the licensee.
(i)
All licensees must maintain their licenses issued under this article
in compliance with the city’s ordinances.
(j)
All licensees shall not provide or cause to be provided collection
services for any residential or commercial properties between the
hours of 8:00 p.m. and 7:00 a.m.
(k)
The city manager or designee may examine the books, papers, records,
financial reports, equipment, and other facilities of a licensee to
verify compliance with this article.
(Ordinance 22-920 adopted 3/10/22)
(a)
Each solid waste operator that has been granted a license under this article must pay a license fee as provided in the fee schedule in appendix A of this code.
(b)
The solid waste license fee shall be payable upon application and/or
renewal of the license and is nonrefundable.
(Ordinance 22-920 adopted 3/10/22; Ordinance adopting 2022 Code)
The city manager or designee may revoke a license for violation
of this division.
(Ordinance 22-920 adopted 3/10/22)
It is unlawful for any person, other than the city, to operate
or cause any other person to operate, a motor vehicle upon a public
street in the city for the purpose of collecting, transporting, or
disposing of residential or commercial solid waste or recyclables
within the city’s corporate limits for compensation unless the
person that owns or controls the motor vehicle has a valid license
issued by the city under this article.
(Ordinance 22-920 adopted 3/10/22)
(a)
It is unlawful for any person to transport any solid waste generated
from any private real property and place that solid waste into a container
located on public property owned or controlled by the city without
the city’s consent.
(b)
It is unlawful for any person to place solid waste into any solid
waste container not owned by, rented to, or under the control of that
person, unless the person placing the solid waste has the consent
of the owner or person exercising control of the container.
(c)
It is unlawful for any person to transport solid waste from any place
outside the city limits to any place within the city limits for the
purpose of causing the same to be collected as solid waste.
(d)
It is unlawful for any person to intentionally, knowingly or recklessly
scavenge from, search through, disturb, or remove any contents placed
for collection by a solid waste operator and:
(e)
It shall be unlawful for any person to dispose of or permit the disposal
of any garbage, hazardous waste, industrial solid waste, municipal
solid waste, radioactive waste, rubbish or solid waste on any land
within the corporate limits or the extraterritorial jurisdiction of
the city except to place such waste in proper containers constructed
of metal, plastic, rubber or paper and placed appropriately for collection
by a licensed refuse collection service.
(f)
It shall be unlawful for any person to dispose of any hazardous waste,
industrial solid waste, municipal solid waste, radioactive waste,
rubbish or solid waste by placing any of said waste products in any
receptacle, toilet, drain or other opening that would lead to a sanitary
or storm sewer.
(g)
It is a defense to prosecution under this section that the person
was authorized by the city to collect the solid waste or the person
owns or has the right to use the contents or solid waste container,
cart, bag, or other receptacle.
(Ordinance 22-920 adopted 3/10/22)
Trash resulting from construction of any structure within the
city, including but not limited to buildings of any type, or remodeling
of any structure, shall be removed promptly at the expense of the
owner of the property upon which the construction took place. All
construction or building site dumpsters must be provided by a licensed
waste collector(s).
(Ordinance 22-920 adopted 3/10/22)
(a)
It shall be the mandatory duty of every person occupying a residence
or commercial property to place or cause to be placed in trash bags,
and of every owner, agent, lessee, occupant or person in charge of
any public, commercial, business or industrial establishment in the
city to place or cause to be placed in trash bags or mechanical trash
containers, all trash that accumulates upon their premises; provided,
however, that it shall be the mandatory duty of any person owning
or having control over any property where construction requiring a
building permit is taking place and where the construction is being
performed in relation to a residential structure, garage, swimming
pool, or building to be used for commercial, industrial or business
purposes, prior to the start of construction, to place upon the property
a dumpster, provided by a city-licensed waste operator, for purposes
of depositing rock, waste, concrete, wood, earth, dirt, scrap building
materials or other trash generated by the construction work therein.
The dumpster must be must be screened from public view, where possible,
and must be removed from the building site immediately upon the completion
of construction. Except where the prior permission of the owner or
person in control of a dumpster has been secured, it shall be an offense
for any person to place or deposit or cause to be placed or deposited
any trash into any dumpster required by this subsection when the dumpster
is not under that person’s ownership or control; provided, however,
that it shall be presumed that a person who is not the owner of or
does not have control over a dumpster and who deposits any trash into
the dumpster did not have permission of the owner or person in control
of the dumpster to make the deposit.
(b)
Trash bags must be kept secure and closed so that flies and other
insects may not have access to the contents thereof, and must remain
closed except while the trash bag is being filled. The doors or covers
of all mechanical trash containers must at all times be kept secure
and fastened so that flies and other insects may not have access to
the contents thereof, and the doors or covers must not be opened except
while the containers are being filled or emptied.
(c)
It shall be the duty of each person to keep and maintain any receptacle
for trash in such a manner that it shall not become or constitute
a public nuisance.
(d)
Large containers:
(1)
It shall be unlawful for any person owning or controlling any residential or commercial premises to place, use, maintain, store or allow any large container (roll-off, dumpsters, etc.) on those premises if it does not comply with the additional criteria set forth in subsection (a) above.
(2)
Affirmative defenses: The following affirmative defenses to prosecution
under this subsection are as follows:
(Ordinance 22-920 adopted 3/10/22; Ordinance
23-946 adopted 1/26/2023)
Whatever is dangerous to human life or health, or whatever renders
the ground, water, air or food a hazard or is likely to cause injury
to human life or health, or that is offensive to the senses or that
is or threatens to become detrimental to the public health, is hereby
declared to be a nuisance. The specific acts, conditions and things
prohibited in this division are, among others, each hereby declared
to be nuisances and against the general health, safety and welfare
and are hereby made unlawful.
(Ordinance 22-920 adopted 3/10/22)
Notwithstanding any provision in this division to the contrary, composting within the guidelines established by the state is allowed so long as a nuisance, as defined in section 12.03.041 is not created.
(Ordinance 22-920 adopted 3/10/22)
(a)
Except for bulky waste and bulk cardboard, customers must place all
solid waste, green waste, or recyclables within a cart or residential
container.
(b)
Customers should contain all solid waste placed in carts or residential
containers used for garbage in plastic or paper bags to help prevent
odors and the contents from blowing out of the container when the
residential container is being emptied.
(c)
Customers may not place hot ashes, car parts or nonresidential hazardous
waste in a residential container or at the curb for collection.
(d)
Customers may not place construction and demolition waste from a
contractor project in a residential container or at the curb for collection.
(e)
Customers must place the residential containers for solid waste collection
at the base of the curb (where curbs exist).
(f)
Customers must place residential containers, bags, green waste, bulk
cardboard, bulky waste and all other solid waste in a manner that
does not block sidewalks, that is not within three feet of a mailbox,
parked car, or other fixed object, and that is clear of low hanging
limbs and utility lines.
(g)
Customers may not place solid waste in a residential cart that exceeds
the maximum weight rating capacity imprinted on the container.
(h)
Customers may not place residential containers, bags, bulk cardboard,
bulky waste or solid waste out by the curb for collection earlier
than 6:00 p.m. the evening before the day of collection. Customers
must remove carts and containers from the curb no later than 8:00
a.m. on the morning following the day of collection.
(i)
Customers may place bulky waste that conforms to the guidelines as
published by the customer’s solid waste operator.
(j)
Customers must follow the guidelines and requirements as published
by the customer’s solid waste operator for all other bulky waste,
refrigerators, green waste, recyclables.
(k)
Customers must place all bulky waste, green waste, bulk cardboard
and recyclables no farther than four feet from the curb, or edge of
the street, for collection.
(Ordinance 22-920 adopted 3/10/22)
(a)
Nothing in this section shall be considered a waiver of any other
city requirements regarding waste.
(b)
All commercial solid waste must be placed within a container.
(c)
All commercial solid waste must be contained within the container
to help prevent odors and the contents from escaping the container.
(d)
The area around the container must be kept clear of obstructions
so that the licensed operator may service the container.
(e)
Containers may not be modified or used for any purpose other than
for the disposal and collection of commercial solid waste.
(f)
Containers must be placed in a safe, accessible location that allows
for adequate clearance for collection.
(Ordinance 22-920 adopted 3/10/22)
(a)
Offense.
It is unlawful for:
(1)
Any person to violate any provision of this division, and any person
violating or failing to comply with any provision of this division.
(2)
Any person, other than the city, to operate or cause any other person
to operate, a motor vehicle upon a public right-of-way in the city
for the purpose of collecting, transporting, or disposing of commercial
or residential solid waste or recycling within the city’s corporate
limits for compensation unless the person that owns or controls the
motor vehicle has a valid license issued by the city under this article.
(b)
Culpable mental state.
A violation of this article requires
a culpable mental state of “knowing.”
(c)
Continuing violations.
Each day any violation continues
constitutes a separate offense.
(Ordinance 22-920 adopted 3/10/22; Ordinance adopting 2022 Code)
(a)
Any of the following persons may appeal to the city council a decision
made by an administrative official that is related to a specific license:
(b)
The appellant must file with the council and the city manager a notice
of appeal specifying the grounds of the appeal. The appeal must be
filed not later than thirty (30) days after the date the decision
is made.
(c)
The city council shall set a reasonable time for the appeal hearing
and give public notice of the hearing and due notice to the parties
in interest. The city council shall decide the matter within a reasonable
time and may reverse or affirm, in whole or in part, or modify the
decision that is appealed.
(Ordinance 22-920 adopted 3/10/22)
