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:
Garbage
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.
Industrial waste
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.
Trash
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:
Bulk cardboard
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.
Bulky waste
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.
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.
Commercial property
means real property that is not a residential property.
Commercial solid waste
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.
Commercial solid waste customer
means the owner or lessee of commercial property or of residential property with respect to the collection of construction and demolition waste.
Commercial solid waste operator
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.
Construction and demolition waste
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.
Container
means a receptacle designed to contain solid waste and may include a cart, dumpster, or residential container.
Disposal
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.
Garbage
means solid waste, animal or waste materials from handling, preparation, cooking or consumption of produce, food or other biodegradable matter.
Hazardous waste
means any waste identified or listed as hazardous waste by any state or federal agency.
Household or residential hazardous waste
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.
Industrial solid waste
has the meaning as defined in Texas Health and Safety Code, chapter 361, as amended.
Licensee or licensed waste provider
means the solid waste operator holding a license from the city to collect and dispose of residential and commercial solid waste.
Municipal 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.
Person
means an individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity.
Radioactive waste
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.
Recyclable material
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.
Recycling
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.
Refrigerant
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.
Residential container
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.
Residential property
means real property containing a building designed for use as a single- or a two-family residence.
Residential waste
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.
Sanitary landfill
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.
Solid waste.
(a) 
Shall be defined broadly to include:
(1) 
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;
(2) 
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.
(b) 
The term:
(1) 
Does not include:
(A) 
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;
(B) 
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
(C) 
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
(2) 
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.
Solid waste operator or operator
means a person or business that collects or disposes of residential and commercial solid waste in the city.
Temporary
means thirty (30) days or less.
Temporary construction and demolition waste
means construction and demolition waste from a project that does not exceed 30 days.
Trash
means all garbage, refuse, rubbish, waste, junk, debris, rubble, ruins, scrap, leavings, remnants, residue, soil or litter.
Trash bag
means a plastic bag or sack container that is designed and sold for the purpose of pacing trash in it for disposal.
Waste
has the same definition as solid waste.
Weeds
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:
(1) 
Located in a container, cart, bag or other receptacle; or
(2) 
Located on any public street, alley, parkway, right-of-way, or other public property.
(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:
(A) 
Because of a natural disaster or other emergent event requiring the use of a large container for debris for no more than sixty (60) days following the event.
(B) 
The time and manner of placement of the large container was specifically directed by an authorized representative of the city.
(C) 
There was a permit in effect for major construction or remodeling of the affected premises, and the premises are in full compliance with applicable regulations for work site conditions and clean-up (see, e.g. subsection (a) of this section).
(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. All containers must be closed and secured with a functioning and proper lid at all times.
(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; Ordinance 24-978 adopted 11/14/2024)
(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.
(d) 
Penalty.
Any person found guilty of violating this division will be fined in accordance with the general penalty provided in section 1.01.009 of this code for each 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:
(1) 
A person who filed the application for a license that is subject of the decision;
(2) 
The owner or representative of the owner of the property that is subject of the decision; or
(3) 
Any person who is aggrieved by the decision.
(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)