For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Alley.
Any public way, generally of less width than a street, used for public utility purposes and right-of-way and as an alternate secondary or emergency route for vehicle and pedestrian traffic, generally situated at the rear or alongside a tier of lots.
Apartment.
A portion of a building used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units.
Authorized commercial contractor.
A person (as defined in this section) authorized under and by virtue of a permit, contract or franchise agreement with the Town to collect recyclable and/or solid waste materials within the corporate limits of the Town.
Brush.
Nonputrescible solid waste consisting of tree, shrub and hedge clippings, provided that trunks and limbs shall not exceed five feet (5') in length.
Bulky waste.
Solid waste and/or landscape waste items (as defined in this section) of such size or quantity that they cannot feasibly be kept and/or collected in a residential solid waste container (as defined in this section). Bulky waste shall be placed on the parkway in a manageable pile for collection.
Commercial account.
Solid waste and recycling disposal and collection service provided in reusable containers at any location other than a single-family residence, a two-family (duplex) residence, or a multifamily residence.
Commercial customer.
All persons (as defined in this section) receiving solid waste and recycling collection services from the Town at a location other than a single-family residence, a two-family (duplex) residence, or a multifamily residence.
Commercial establishment.
Any structure intended or used for the purpose of conducting a commercial business enterprise.
Commercial solid waste container.
All on-premises reusable receptacles designed to hold solid waste, and specifically all roll-off open-top containers, roll-off closed-top containers, roll-off compaction containers, and all receptacles with a volume of between two (2) cubic yards and ten (10) cubic yards, inclusive, provided however, such receptacles shall not include:
(1) 
Any receptacle used for accumulating and/or holding materials to be recycled;
(2) 
Any receptacle provided by or through the Town for accumulating and/or holding solid waste.
Container.
A receptacle for the deposit of waste.
Construction and demolition debris.
Waste generated from construction, remodeling, repair and demolition of structures, road building, and land clearing, including, but not limited to bricks, concrete, rebar and other masonry material, soil, rock, lumber, metal, paving material, and tree and brush stumps.
Director.
The Director of Sanitation of the Town or his designee.
Front building line.
A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from which a building may be erected.
Garbage.
All decayable wastes, including vegetable, animal, and fish offal and carcasses of such animals and fish, but excluding:
(1) 
Sewage wastes;
(2) 
Body wastes; and
(3) 
Industrial by-products.
Hazardous waste.
Any waste identified or listed as a household hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to Federal law. Household hazardous waste includes, but is not limited to: ammonia-based cleaners, drain and oven cleaners, fire extinguishers, floor care products, furniture and metal polishes, insect sprays, aerosol spray paint, antifreeze, automatic transmission and brake fluids, diesel fuel, gasoline, car batteries, automotive cleaning products, kerosene, latex paint, oil-based paint, motor oil, oil filters, paint stripper and thinner, propane tanks, turpentine, varnish, wood preservatives, fertilizer, fungicide, herbicide, pesticide, alkaline additives, pool chlorine and cleaners, muriatic acid, and pool shock treatment.
Landscape waste.
Items such as yard trimmings, brush, clean wood material, tree trimmings, vegetative material, leaves, grass clippings (no sod), mixed yard waste, leaf mulch, shrubbery, sawdust, Christmas trees, wood chips, wood demolition debris (nonpainted), wood fence material (nonpainted), wood pallets, old corrugated containers, tree limbs and tree trunks no greater than five feet (5') long, and any other landscape waste material conducive to the composting process.
Manageable pile.
Bulky waste (as defined in this section) that is staged for collection, stacked on the parkway in an organized manner, and which is safe for a two-person crew to move by hand from the staging point into the rear of a collection vehicle.
Multiple-family dwelling.
Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments; or which is occupied as a home or residence of three (3) or more families; and no portion of any such dwelling unit is used for commercial purposes.
Occupant.
The person residing in a dwelling unit, specifically the head of such household.
Owner.
The record title holder of real property.
Parkway.
The area ordinarily intervening between the curbline of a street and the inside property line.
Person.
Any individual, corporation, organization, partnership, or association, or any other legal entity.
Public way.
Any street, alley, easement, or other right-of-way.
Recyclable materials, recyclables (or any form of that word).
Materials that have been separated from other solid waste materials and placed at a designated collection location for the purpose of collection and recycling, including but not limited to newspapers, magazines, all paper, junk mail, telephone books, boxboard or chipboard boxes, corrugated cardboard, aluminum and bi-metal cans including aerosol cans, glass, Polyethylene (PET) and High Density Polyethylene (HDPE) plastic bottles bearing the “1” or “2” symbol, and such other items as may be designated by the Sanitation Department.
Recycling collection service.
The collection and removal of recyclables from single-family residences, two-family (duplex) residences, or multifamily residences made once weekly.
Recycling container.
A receptacle furnished and designated by the Town to hold recyclable materials.
Residence.
A structure intended for use and occupancy as a one-family or a two-family dwelling unit.
Resident.
The owner or occupant (as defined in this section).
Residential customer.
Persons (as defined in this section), including but not limited to owners, occupants, tenants, or lessees receiving solid waste and recycling collection services from the Sanitation Department at single-family residences, two-family (duplex) residences, or at multifamily residences.
Residential solid waste container.
A reusable plastic container designated to hold solid waste (as defined in this section) and furnished by the Town.
Roll-out.
The manual collection of garbage by a Sanitation Department employee or an authorized solid waste contractor from a collection point behind the front building line of a residence where said residence is not contiguous to a paved alley.
Sanitation Department.
The division of the Town responsible for environmental waste management, including but not limited to the collection, transportation, and disposal of solid waste, landscape waste, bulky waste and recyclable materials. The Sanitation Department is also responsible for enforcing the provisions of this article and other related ordinances of the Town.
Sanitation Director.
The head of the Sanitation Department of the Town or his designee.
Solid waste.
Any and all garbage and trash (as defined in this section), refuse, and other discarded material held or accumulated in containers, including but not limited to animal and vegetable waste materials resulting from the preparation, processing or consumption of food; combustible waste material such as paper, rags, cartons, boxes, and plastics; and noncombustible waste materials such as glass, crockery and metal cans. Solid waste does not include hazardous, biomedical or body waste.
Special paid collection.
The removal of bulky waste items outside of the regularly scheduled bulky waste collection as requested by the residential or commercial customer or as required by the Town.
Tenant or lessee.
One who holds land or property of another by virtue of any type of legally recognized right, whether evidenced by legal instrument or otherwise.
Trash.
Rubbish such as tin cans, paper, ashes, dry trash, pieces of wood, boxes and crates.
(Ordinance 1722 adopted 1/14/08)
With the approval of the Town Administrator, the Director of Sanitation or his designee is authorized to promulgate and enforce rules and regulations administratively, not contrary to the provisions of this article which govern the receptacles and containers to be used, the contents to be placed therein, and the method of preparing them for collection; and every owner, occupant, tenant or lessee using or occupying any building, house, or structure within the corporate limits of the Town for any purpose shall abide by such rules and regulations.
(Ordinance 1722 adopted 1/14/08)
Any person found to be violating any term or provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 “General penalty for violations of code; continuing violations,” of this code. Every day a violation continues shall constitute a separate offense.
(Ordinance 1722 adopted 1/14/08)
Dead dogs, cats, or any other dead animals shall be removed from private property by the owner or occupant of said property at said person’s own expense.
(Ordinance 1722 adopted 1/14/08)
(a) 
It shall be unlawful for any person to place or throw any solid waste of any kind or character upon any street, sidewalk, alley, easement, public park, or private property in the Town, but all such solid waste shall be placed in a receptacle or receptacles as provided for in this article, and it shall be unlawful and an offense for any person or the person in charge of any residence, business, or commercial establishment to fail to place said solid waste in said receptacle(s), such that it is piled, placed, or accumulated on any sidewalk, street, alley, easement, public park, or private property within the Town.
(b) 
It shall be unlawful for any person to sweep, throw, or deposit any solid waste, landscape waste, construction and demolition debris, stagnant water, or dead animal into, upon, or along any drain, gutter, alley, sidewalk, parkway, easement, street, or vacant lot, or upon any public or private property within the corporate limits of the Town.
(Ordinance 1722 adopted 1/14/08)
The Director shall be responsible for the safe passage of collection vehicles through Town alleys to include tree trimming and brush removal as necessary.
(Ordinance 1722 adopted 1/14/08)
(a) 
The Sanitation Department of the Town shall be the exclusive provider of solid waste, recycling, and landscape waste collection for residential and commercial customers in the Town.
(b) 
The frequency and schedule of residential collection of solid waste shall be twice weekly, and the collection of recyclable material shall be weekly. The Director has the authority to revise the collection schedules as deemed necessary for holidays or other compelling reasons.
(Ordinance 1722 adopted 1/14/08)
(a) 
Residential customers and commercial customers shall utilize a specified collection container for the collection and removal of solid waste. One such container will be distributed to each residential customer and commercial customer by the Town or by a representative of the Town. The container shall remain the property of the Town and shall not be removed from the property when changing residences.
(b) 
The Town will replace the container, at no cost to the customer, if the assigned container is stolen or damaged beyond repair by any reason other than the customer’s own neglect or misuse. If the container is lost or damaged beyond repair as a result of the customer’s neglect or misuse, a fee to cover the cost for the replacement of the container will be charged to the customer by the Town.
(c) 
The occupant shall promptly notify the Sanitation Department in the event the container is stolen or damaged.
(d) 
When storing the container or when the container has been set out for collection, the lid must be kept closed at all times to prevent any accumulation of water. No bags, boxes, or other items shall be placed on top of the closed container lid so as to hinder servicing of the container.
(e) 
Solid waste placed in the residential solid waste container must be contained in either plastic or paper bags to help prevent odors and to prevent the contents from blowing out of the container when the container is being emptied.
(f) 
Residential customers and commercial customers are prohibited from putting hazardous waste, construction and demolition debris, ashes, or ignited coals in the residential solid waste container.
(g) 
Any container containing more than two hundred (200) pounds of solid waste will not be serviced.
(h) 
If a residential customer serviced by the Town regularly generates more solid waste than can be placed in the residential solid waste container for the twice-weekly collection, the Town will require the residential customer to obtain an additional residential solid waste container and that customer will be charged a one-time delivery fee as established by Town Council Resolution in the form of the Town’s Miscellaneous Fee Schedule. Said fee will be applied to the customer’s utility bill.
(i) 
The residential or commercial customer shall be responsible for maintaining the residential solid waste container in a clean condition.
(j) 
The residential solid waste container shall not be marked or defaced in any way without prior authorization by the Director.
(k) 
No person other than the residential customer, the commercial customer, an employee of the Town or an authorized solid waste contractor may remove, collect, or transfer solid waste materials that have been placed in a residential solid waste container in the Town. Each violation of this provision shall constitute a separate and distinct offense punishable as provided in section 13.05.003 of this article.
(Ordinance 1722 adopted 1/14/08)
(a) 
Residential customers and commercial customers shall utilize a specified collection container for the collection and removal of recyclable materials as defined herein. The Town or the Town’s designated representative will distribute one recycling container to each residential customer or commercial customer. The container shall remain the property of the Town and shall not be removed from the property when changing residences.
(b) 
Customer use of the recycling container for residents shall be subject to the same regulations for storage, repair, replacement, and care as specified herein for residential solid waste containers.
(c) 
If a residential customer or commercial account serviced by the Town regularly generates more recyclables than can be placed in the recycling container for the weekly collection, the Town will provide the residential or commercial customer with a second recycling container for an additional fee as established by Town Council Resolution in the form of the Town’s Miscellaneous Fee Schedule. Said fee will be applied to the customer’s utility bill.
(d) 
No person other than the residential customer, the commercial customer, a Sanitation Department employee, or an authorized recycling contractor may remove, collect, or transfer recyclable materials that have been placed in a recycling container in the Town. Each violation of this provision shall constitute a separate and distinct offense punishable as provided in section 13.05.003 of this article.
(Ordinance 1722 adopted 1/14/08)
(a) 
Placement of containers in alley.
Residential solid waste and recycling containers set out for alley collection should be aligned with the handles facing the house and located within two feet (2') of the paved alley. The containers must also be located at least six inches (6") from any fence, and at least eighteen inches (18") from any gas or electric meter, other containers, or other large objects so that the container is accessible to the collection vehicle. Residential solid waste and recycling containers located behind fences, inside garages, or outside the collection area described above will not be serviced. Under no circumstance will Town employees or contractors leave the public rights-of-way to enter garages, breezeways, carports, or other structures to make collections. If it is not practicable to place the containers for collection as specified above, the Director shall determine where the containers will be placed for collection.
(b) 
Placement of containers for roll-out.
Residential solid waste containers positioned for roll-out collection should be set at a collection point behind the front building line that provides a Sanitation Department employee or an authorized solid waste contractor safe and unrestricted access, with a minimum width of five feet (5') of ground clearance to properly collect and remove the solid waste. If it is not practicable to place the container for collection as specified above, the Director shall determine where the container will be placed for collection.
(c) 
Recycling containers should be set at a collection point on the parkway located within two feet (2') of the paved curb.
(Ordinance 1722 adopted 1/14/08)
It shall be unlawful to stop, stand, or park a vehicle or trailer on public or private property in a manner that prevents access to a residential solid waste or recycling container by a collection vehicle that is attempting to service the container. For the purposes of this article, it shall be presumed that the owner of record of any violating vehicle or trailer is the person who stopped or parked the vehicle or trailer in the offending location.
(Ordinance 1722 adopted 1/14/08)
(a) 
Dallas County, Texas operates a Household Hazardous Waste Program (the “Program”) as a means to divert certain Household Hazardous Waste (“HHW”) from the landfill and make them available for reuse by other citizens. Dallas County (the “County”) operates the Program in accordance with an interlocal agreement with the Town.
(b) 
The Program is restricted to chemicals used in household quantities and is not intended for commercial grade, quantities, and materials. Certain chemicals and products require special handling for safe disposal. The following items will not be accepted by the HHW Program: expired medication, ammunition, arsenic, chemicals not in their original containers with the exception of used motor oil, explosives, medical waste, mercury, nuclear/radioactive waste, thermometers, chemical containers larger than five (5) gallons, and all unidentified chemicals. The Dallas County HHW Program Manager can assist residents with the appropriate disposal of HHW items.
(Ordinance 1722 adopted 1/14/08)
It shall be unlawful for any individual, person, or organization to discard or otherwise dispose of any regulated hazardous waste, as that term is defined and listed by the United States Environmental Protection Agency (EPA) under the Federal Solid Waste Act, Resource Conservation and Recovery Act (RCRA) and Code of Federal Regulations (CFR) with the Town, except through an approved method as defined and regulated by Title 30 of the Texas Administrative Code (TAC), Chapter 335.
(Ordinance 1722 adopted 1/14/08)
(a) 
The Town will promote and encourage its citizens to use lawnmowers with mulching blades rather than bagging cut grass. By using mulching lawnmowers and leaving grass clippings on the lawn, the Town and its citizens will divert significant quantities of bagged landscape waste from the landfill.
(b) 
Landscape waste such as leaves or grass clippings shall be placed in either plastic or paper bags of sufficient strength and size to properly contain the material. The maximum weight per bag shall not exceed thirty-five (35) pounds. Bagged landscape waste in such quantity that it cannot be kept and/or contained in a residential solid waste container shall be placed on the parkway at the appropriate collection point, and in a manageable pile.
(Ordinance 1722 adopted 1/14/08)
(a) 
Bulky waste collection.
(1) 
The Town deems it beneficial to provide bulky waste collection to its residential customers twice weekly. Bulky waste items shall be placed on the parkway in a manageable pile for collection.
(2) 
Large amounts of construction and demolition debris generated by a private contractor in connection with a construction project or major renovation project will not be eligible for bulky waste collection and must be scheduled for a special paid collection.
(3) 
An environmental fee of twenty-five dollars ($25.00) will be charged for each appliance scheduled for collection and disposal to cover the Town’s operational and administrative costs associated with verifying that all refrigerants including but not limited to Freon, chlorinated fluorocarbons (CFCs), or polychlorinated biphenyls (PCBs) have been removed from the appliance in accordance with State-established guidelines. This fee will be added to the customer’s monthly utility bill.
(4) 
Due to the size and nature of bulky waste items, these items shall be placed on the parkway as defined herein, as long as those items do not create an immediate health and/or safety hazard as determined by the Director.
(b) 
Special paid collection.
(1) 
The Town deems it necessary to offer a special paid collection service to its citizens for off-schedule collection of bulky waste items, landscape waste, construction and demolition debris and other large or cumbersome quantities of solid waste that have not been collected through normal collection services. Such solid waste would include, but not be limited to, waste resulting from construction, remodeling, or destruction by fire, the elements, acts of God, or other causes resulting from a general cleanup of a vacant or improved property, or landscape waste cleared from property in preparation for construction or occupancy.
(2) 
Special paid collections must be scheduled in advance and shall be coordinated through the Sanitation Department.
(3) 
An environmental fee of twenty-five dollars ($25.00) will be charged for each appliance scheduled for collection and disposal to cover the Town’s operational and administrative costs associated with verifying that all refrigerants including but not limited to Freon, chlorinated fluorocarbons (CFCs), or polychlorinated biphenyls (PCBs) have been removed from the appliance in accordance with State-established guidelines. This fee will be added to the customer’s monthly utility bill.
(4) 
Due to the size and nature of the items set forth above in subsection (b)(1), these items shall be placed on the parkway as defined herein, as long as those items do not create an immediate health and/or safety hazard as determined by the Director.
(Ordinance 1722 adopted 1/14/08)
All solid waste, landscape waste, and/or construction and demolition debris that is mixed with water or any other liquid shall be drained before being placed in a container or receptacle. All animal matter that is subject to decomposition shall be wrapped in paper or other combustible material before being deposited in such container or receptacle.
(Ordinance 1722 adopted 1/14/08)
Failure to place solid waste containers, recyclable containers, landscape waste material, bulky waste, and special paid collection waste at its proper collection point by 7:30 a.m. on the specified collection day may result in the items not being collected.
(Ordinance 1722 adopted 1/14/08)
(a) 
Commercial solid waste.
No person other than a solid waste services provider, as described in section 13.05.019(a), shall engage in the business of collecting, transporting, and disposing of solid waste materials for commercial customers located within the Town, and no person shall use the public streets, alleys, or thoroughfares within the corporate limits of the Town for the purpose of engaging in such business, other than a person who has executed said permit with the Town.
(b) 
Commercial recyclable materials.
No person other than the owner, his authorized agent, an employee of the Sanitation Department, or a permitted recycling services provider, as described in section 13.05.019(a), may collect or transport recyclable materials from the property of a commercial customer located in the Town. Each violation of this provision shall constitute a separate and distinct offense punishable as provided in section 13.05.003 “penalty,” of this article.
(c) 
Liquid waste.
No person other than the owner, his authorized agent, an employee of the Sanitation Department, or a permitted liquid waste hauler may collect or transport liquid waste from the property of a commercial customer located in the Town. Each violation of this provision shall constitute a separate and distinct offense punishable as provided in section 13.05.003 “penalty,” of this article.
(Ordinance 2024 adopted 8/28/17)
(a) 
Prohibited without permit.
No person shall provide commercial solid waste or recycling services in the Town or operate a motor vehicle for the purpose of transporting commercial solid waste or recycling containers on a public street or alley within the corporate limits of the Town without first registering and obtaining a permit from the Town.
(b) 
Permit within each vehicle.
Each motor vehicle utilizing the public streets or alleys in the Town for the purpose of collecting or transporting solid waste or recyclable materials from commercial customers shall at all times carry a valid permit issued by the Town.
(c) 
Default.
In the event a commercial solid waste or recycling services provider or transporter defaults under any of the terms of their registration or permit with the Town, the Town will provide written notice of the areas of default to the solid waste or recycling services provider or transporter. The solid waste or recycling services provider or transporter shall then have ten (10) business days to correct the default and provide the Town with evidence that the default has been cured.
(d) 
Revocation of permit.
If the commercial solid waste or recycling services provider or transporter fails to correct the noticed default within the time provided herein, the Town may revoke the registration and permit of said solid waste or recycling services provider or transporter.
(Ordinance 1838 adopted 9/13/10)
Recyclable materials placed for collection in or adjacent to a residential recycling container shall become the property of the Town.
(Ordinance 1838 adopted 9/13/10)
Nothing in this article shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclable materials, provided that any such disposal is in accordance with the provisions of this article.
(Ordinance 1838 adopted 9/13/10)
It is the duty of the Sanitation Department to make inspection trips at regular intervals to determine whether or not garbage, trash, and rubbish are being properly collected, removed, and disposed of as required by the provisions of this article or any other applicable health ordinance of the Town, and in the event it is found that this article is being violated, appropriate and timely action shall be taken to ensure full compliance with said provisions.
(Ordinance 1838 adopted 9/13/10)
The charges provided for herein shall be added to and made a part of the water bill for water users within the Town and shall be paid in the same manner and at the same time as the water bill for services furnished by the Water Department of the Town. A penalty of ten percent (10%) shall be added to all garbage collections bills which are not paid by the sixteenth (16th) day of the month during which said bills are received. Failure on the part of the consumer of water to pay the garbage removal charge shall be considered notice to the Water Department to discontinue water service to such consumer, and to disconnect said consumer from the Town’s water mains; and the Town Administrator is hereby authorized to discontinue such water service on the failure of the user to pay such charges.
(Ordinance 1838 adopted 9/13/10)
Where multiple occupants occupy premises within the Town, the person in whose name the water connection or connections are maintained by the Town shall be liable for the charges for garbage collection services as provided for in this article.
(Ordinance 1838 adopted 9/13/10)
(a) 
For all bills rendered by the Town on or after October 1, 2010, for the removal of garbage and trash, the Town shall charge for its services in removing garbage and trash as follows:
(1) 
The collection service for a single-family or duplex residence:
Alley service
$21.45/dwelling unit per month
Pack-out collection service
$42.57/dwelling unit per month
(2) 
The collection service charge for an apartment which receives collection services from the Sanitation Collection Department per dwelling unit: $19.51/ per month.
(3) 
For business and commercial establishments, schools and churches:
No. of Poly Carts
Monthly Charge
1
$106.30
2
$200.13
3
$291.67
5
$447.23
10
$760.00
11
$822.54
(b) 
Commercial sanitation collection charges shall be based on studies made by the Sanitation Department in regard to volume, time necessary for collection, and days per week of collection.
(c) 
Periodic inspections will be made of all businesses falling under the commercial rates to assure that the correct rate is being charged.
(d) 
Commercial service charges for annual mechanical collection with a maximum of one (1) truck load per week average shall be two thousand seven hundred sixty-two dollars and eighty-one cents ($2,762.81) per month.
(e) 
For commercial or residential collection requests that do not fall into one of the above categories, individuals may request a special one (1) time collection of brush, logs or bulky items. The Sanitation Department shall charge for such request at a rate equal to the Town’s cost plus thirty-eight percent (38%).
(Ordinance 1838 adopted 9/13/10)
For all bills rendered by the Town after October 1, 2008, for the collection of recyclables, the Town shall charge for its services in collecting recyclables as follows:
Collection service for a single-family, a two-family (duplex) or a multifamily residence:
$2.62/dwelling unit per month
(Ordinance 1762 adopted 9/8/08)