(a)
It shall be mandatory that each residence and commercial establishment within the corporate limits of the city take and subscribe to the garbage collection service offered by the city through its garbage franchise operator.
(b)
It shall be unlawful for any person to use the public streets, alleys and roadways of the city for the purpose of commercial collection of garbage or trash unless said person has been granted a contract by the city. The city council shall be the sole judge as to entering into such contract. Any collection of garbage or trash from any residence or business establishment shall be prima facie evidence that such collection is for commercial purposes. Any person violating this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall constitute a new and separate offense. In addition to such criminal penalties, the city hereby reserves the right to institute appropriate civil action when necessary to prevent such unlawful use of the public streets, alleys and roadways of the city.
(c)
This section does not apply to a person who provides the city with written documentation that the person is receiving solid waste disposal services from another entity in accordance with Texas Health and Safety Code, section 364.034(e).
(d)
This section does not restrict the right of an entity to contract with a licensed waste hauler for the collection and removal of domestic septage or of grease trap waste, grit trap waste, lint trap waste, or sand trap waste in accordance with Texas Health and Safety Code, section 364.034(f).
(e)
This section does not apply to a private entity that contracts to provide temporary solid waste disposal services to a construction project in accordance with Texas Health and Safety Code, section 364.034(h).
(1984 Code, sec. 3-4-2; 1993 Code, sec. 50.01; 2006 Code, sec. 62-1; Ordinance 161 adopted 4/6/81; Ordinance 21-02-1191A adopted 2/23/21)