These regulations are based on the home-rule authority of the city, the city charter, the state constitution and state statutes, including chapter 363, Health and Safety Code, and the findings set forth in the preamble [of Ordinance 97-36] are adopted as findings of fact.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-1)
The purpose of this article is to protect the health of the citizens of the city by regulating the collection and transportation of garbage and solid waste.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-2)
The following words and phrases shall be defined as follows:
Biomedical waste.
(1) 
Those wastes defined by the United States Environmental Protection Agency (USEPA) as infectious wastes in its Guide for Infectious Waste Management, #EPA/530-SW-86-014, May 1986, or defined by the USEPA as medical wastes in 40 CFR 359.30, and any other wastes identified as infectious or similar wastes in any other applicable federal, state, county or municipal laws, regulations and guidelines; and
(2) 
Chemotherapy waste (also known as antineoplastic or cytotoxic waste). The term “chemotherapy waste,” as used herein, means discarded items which have been contaminated by chemotherapeutic drugs or antineoplastic agents, provided that such items, including vials and syringes, shall be empty as defined in applicable federal, state, county or municipal laws, regulations and guidelines.
Building or establishment.
Any premises upon which a building is located and at which garbage, rubbish or solid waste accumulates.
Bulky waste.
Stoves, water tanks, washing machines, furniture and large brush, other than dead animals or stable matter, with weights or volumes greater than those allowed for bins or containers, as the case may be. Hazardous wastes are not included.
City container.
A garbage, rubbish or solid waste container owned by the city which shall be furnished for use to customers for the placement of garbage, rubbish or solid waste accumulating on their premises, which container shall be located at a place to be determined by the city at or near such premises.
Construction debris.
Waste building materials resulting from construction, remodeling, repair or demolition operations on the premises of the service unit.
Debris.
Dirt, rocks, bricks, large pieces of steel, and other waste building materials, and any other like material likely to damage a mechanical container or the hydraulic system of collection or compaction equipment.
Garbage.
All normal and usual household and institutional waste products that are placed in approved containers for collection purposes and are usually a mixture of putrescible, combustible and incombustible materials, such as organic wastes from food preparation and consumption, wrapping and packaging materials, metal, glass and plastic containers and other items.
Hazardous waste.
Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this article, the term “hazardous waste” shall also include motor oil, gasoline, paint and paint cans.
Liquid waste.
Waterborne solids and liquids containing dissolved or suspended waste materials that are not hazardous, including septage and waste from grease traps and grit traps, and wastes of a similar nature.
Other receptacle.
The receptacle or receptacles owned, furnished or used by the person responsible for any building or establishment.
Person responsible.
That person upon whom responsibility is placed by section 13-4-5 for compliance with the provisions of this article.
Putrescible solid waste.
Solid waste materials containing organic matter that is subject to rapid decomposition by fungi and bacteria, such as food wastes and dead animals.
Rubbish.
A mixture of small, nonputrescible household, institutional and commercial waste products containing a high percentage of combustible materials, such as tree limbs, paper, cardboard, plastics, wood scraps, foliage, grass and leaves, and including noncombustibles such as glass, crockery, cans and light scrap metals. Synonym: trash.
Solid waste.
Unwanted or discarded materials with insufficient liquid content to be free-flowing, that result from domestic, industrial, commercial, agricultural, governmental, and community operations, which require proper storage, collection, transportation and disposal to prevent environmental pollution inimical to public health, safety and welfare. Solid waste does not include sewage, earth or material used to fill land in accordance with construction codes, mining residues, slag, dissolved or suspended solids in industrial waste, [or] water effluents which are not acceptable for disposal in the sanitary sewage treatment system excluding, however, waste materials defined as “hazardous,” “toxic” or “infectious” by applicable state and federal regulations. For purposes of this article, solid waste shall include trash, rubbish, bulky waste, and construction debris.
Toxic waste.
Any chemical, compound, mixture, substance or article which is designated by the U.S. Environmental Protection Agency or appropriate state or local agency to be “hazardous” as that term is defined by or pursuant to federal, state or local laws and ordinances.
Vector.
An animal or insect which transmits infectious diseases from one person or animal to another by penetrating the skin or mucous membrane, or by depositing infective material on the skin or food or on another object.
Vegetable waste.
Putrescible solid waste resulting from the processing of plants for food by commercial establishments such as canneries. This definition does not include waste products resulting from the preparation and consumption of food in places such as cafeterias and restaurants.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-3)
It shall constitute a misdemeanor for any person to do any act which is prohibited by the terms of this article, and any such violation of this article shall be punishable by a fine and penalty of not more than two thousand dollars ($2,000.00). Each day or portion thereof that the violation continues shall constitute a separate offense as provided for in section 1-1-9 of the city code.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-24)
(a) 
For the purposes of this article, the head of a family shall be responsible for the acts or omissions of members of his family; the person in charge of an apartment house, tenant house, mobile home park, or similar place in which groups of families reside shall be responsible for the acts or omissions of the persons living therein; and both the owner and the person in charge of any business shall be responsible for the acts or omissions of the employees thereof.
(b) 
Criminal responsibility is established by showing that the offense was committed intentionally, knowingly, recklessly or with criminal negligence as defined in section 6.03 of the Penal Code.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-4)
The director of public works or the director of public works’ designee shall assume the responsibility of solid waste superintendent. A part of the duties of solid waste superintendent shall be to operate and manage the collection, transportation and disposal of garbage, rubbish and solid waste for the city and to enforce the provisions of this article. The solid waste superintendent is sometimes referred to in the city code as “sanitation superintendent.”
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-9)
The person responsible, under the terms of section 13-4-5, for each building or establishment located within the city shall put or place, or cause to put or placed, all garbage, rubbish or solid waste accumulating at such premises into city containers or other receptacles which shall be located at or near such premises.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-5)
(a) 
It shall be unlawful for any person to deposit or place any garbage, rubbish or solid waste in any place other than a container or other receptacle as described above.
(b) 
It shall be unlawful for any person, including a private collector, to deposit, dump or dispose of any garbage, rubbish or solid waste accumulating within the city at any place or location other than a permitted landfill site or other location designated by the city solid waste superintendent for such purpose.
(c) 
It shall be unlawful to place any hazardous waste, as defined herein, in a city container.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-6)
Garbage, rubbish or solid waste that is mixed with water or other liquids shall be drained before being placed into a city container or other receptacle. Wet garbage which cannot be drained shall be placed in a plastic bag which will not tear on impact, and then placed in a container or other receptacle, or shall be disposed of by the person or persons responsible for generating said garbage. Nothing herein shall prevent the selling or giving of such wet garbage to persons having a legitimate use or need for same, so long as no other ordinances or health laws are violated. Matter that is subject to decomposition shall be wrapped in paper or other similar material before being placed in a container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-7)
(a) 
It shall be unlawful to place any heavy accumulations such as rock, brick, broken concrete, lumber, ashes, dirt, plaster, sand, gravel, automobile frames, dead trees, and other bulky and heavy material, including debris from vacant lots[, in a city container or other receptacle]. Any such heavy accumulations shall be disposed of by the person responsible for the premises upon which they accumulate at the person’s own expense.
(b) 
It shall be unlawful for any person to put or place any dead animal in any city container or other receptacle used for the placement of garbage, rubbish and solid waste.
(c) 
It shall be unlawful for any person to put or place any tire in any city container or any other receptacle used for the collection of garbage, rubbish or solid waste.
(d) 
Immediately after placing any garbage, rubbish or solid waste in a city container or other receptacle, the person making such placement shall close the lid of the container.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-8)
Subject to other more specific provisions of this Code of Ordinances, it shall be unlawful for any person to burn any garbage or rubbish inside the city limits.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-10)
The charges for residential and commercial garbage and trash collection services provided by the city shall be as follows:
(1) 
Collection service inside the city limits.
(A) 
Single-family residential accounts.
(i) 
Each single residential account will be charged twenty-three dollars and ninety-nine cents ($23.99) per month for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. Shall be collected a minimum of once weekly in compliance with Texas Administrative Code, title 30, chapter 330, subchapter C, rule § 330.103.
(ii) 
Rollout cart service will be charged twenty-three dollars and ninety-nine cents ($23.99) per month, plus any sales tax if required by law. Additional cart(s) limit 2 per customer, will be charged eight dollars and twenty-eight cents ($8.28) per cart per month.
(B) 
Senior/disability single-family residential accounts.
(i) 
Each senior/disability single residential account will be charged twenty-three dollars and eighteen cents ($23.18) per month for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. Shall be collected a minimum of once weekly in compliance with Texas Administrative Code, title 30, chapter 330, subchapter C, rule § 330.103.
(ii) 
Rollout cart service will be charged twenty-three dollars and eighteen cents ($23.18) per month, plus any sales tax if required by law. Additional cart(s) limit 2 per customer, will be charged eight dollars ($8.00) per cart per month.
(C) 
Multifamily residential accounts.
Each multiple-family account of four (4) or more dwelling units will be charged twelve dollars and forty-three cents ($12.43) per unit per month for garbage, rubbish and solid waste collection, plus any sales tax if required by law.
(D) 
Pickup rates for commercial and other nonresidential accounts for three cubic yard (3 cy) containers.
Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 3 cy container per week are listed below:
(i) 
Two (2) times per week: Ninety-two dollars and twenty-nine cents ($92.29) per month, plus any sales tax if required by law.
(ii) 
Three (3) times per week: One hundred thirty-one dollars and eighty-four cents ($131.84) per month, plus any sales tax if required by law.
(iii) 
Four (4) times per week: One hundred eighty-four dollars and fifty-nine cents ($184.59) per month, plus any sales tax if required by law.
(iv) 
Five (5) times per week: Two hundred twenty-four dollars and fourteen cents ($224.14) per month, plus any sales tax if required by law.
(v) 
Light commercial customers that have separate accounts may only share a 3 cubic yard container that requires only two (2) times per week pickups. The rate for sharing a container shall be forty-seven dollars and ten cents ($47.10) per month per customer, plus any sales tax if required by law. Restaurant customers and heavy commercial customers (determined by solid waste superintendent or representative) will not be allowed to share. Solid waste superintendent or representative shall make or cause to be made such to determine whether to approve accounts to have a share rate.
(E) 
Pickup rates for commercial and other nonresidential accounts for four cubic yard (4 cy) containers.
Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 4 cy container per week are listed below:
(i) 
Two (2) times per week: One hundred twenty-three dollars and four cents ($123.04) per month, plus any sales tax if required by law.
(ii) 
Three (3) times per week: One hundred sixty-two dollars and fifty-eight cents ($162.58) per month, plus any sales tax if required by law.
(iii) 
Four (4) times per week: Two hundred fifteen dollars and thirty-three cents ($215.33) per month, plus any sales tax if required by law.
(iv) 
Five (5) times per week: Two hundred fifty-four dollars and ninety cents ($254.90) per month, plus any sales tax if required by law.
(F) 
Minimum charge for nonresidential buildings (nonprofit/religious).
The minimum charge for nonresidential building or establishment shall be twenty-nine dollars and fifty-five cents ($29.55), plus any sales tax if required by law. If a nonresidential account shows that it obtains service from a private collector that is permitted by the city, it shall not be required to pay a minimum fee.
(G) 
Extra service, temporary, go-backs (attempted service on rollout cart) and special event service.
The charge to set eight (8) or less containers shall be one hundred twenty-two dollars and forty-four cents ($122.44). The charge to service containers shall be twenty-two dollars and fifty-nine cents ($22.59) per container. After hours, weekends and holiday service shall be two hundred thirty-five dollars and forty-five cents ($235.45) per service.
(H) 
Additional regulations.
(i) 
The solid waste superintendent shall have the authority to establish regulations governing the number of customers per container, the number and placement of containers, the rates paid by each customer using one (1) container, the classification of accounts and other rules necessary for the orderly administration of the garbage and trash collection service.
(ii) 
Commercials and restaurants which continually have heavy or wet garbage will have an additional five percent (5%) to their bill.
(2) 
Collection service outside city limits.
(A) 
Availability.
Service may be made available to residential or commercial establishments outside the city limits if approved by the solid waste superintendent based on such factors as distance, other city solid waste services in the vicinity, available right-of-way, and access.
(B) 
Single-family residential accounts for three cubic yard (3 cy) containers.
Each single residential account will be charged eighty-one dollars and sixteen cents ($81.16) per month for twice-per-week pickup, or fifty-eight dollars and twenty-five cents ($58.25) per month for once-per-week pickup for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent.
(C) 
Senior/disability single-family residential accounts for three cubic yard (3 cy) containers.
Each senior/disability single residential account will be charged seventy-eight dollars and forty-two cents ($78.42) per month for twice-per-week pickup, or fifty-six dollars and twenty-eight cents ($56.28) per month for once-per-week pickup for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent.
(D) 
Single-family residential accounts for four cubic yard (4 cy) containers.
Each single residential account will be charged ninety-seven dollars and fifty-eight cents ($97.58) per month for twice-per-week pickup, or seventy-eight dollars and forty-eight cents ($78.48) per month for once-per-week pickup for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent.
(E) 
Senior/disability single-family residential accounts for four cubic yard (4 cy) containers.
Each single residential account will be charged ninety-four dollars and twenty-eight cents ($94.28) per month for twice-per-week pickup, or seventy-five dollars and eighty-three cents ($75.83) per month for once-per-week pickup for garbage, rubbish, and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent.
(F) 
Pickup rates for commercial and other nonresidential accounts for three cubic yard (3 cy) containers.
Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 3 cy container per week are listed below:
(i) 
One (1) time per week: Seventy-one dollars and fifty-seven cents ($71.57) per month, plus any sales tax if required by law.
(ii) 
Two (2) times per week: One hundred fourteen dollars and ninety-two cents ($114.92) per month, plus any sales tax if required by law.
(iii) 
Three (3) times per week: One hundred fifty-four dollars and forty-four cents ($154.44) per month, plus any sales tax if required by law.
(iv) 
Four (4) times per week: One hundred ninety-four dollars and zero cents ($194.00) per month, plus any sales tax if required by law.
(v) 
Five (5) times per week: Two hundred sixty-four dollars and thirty-one cents ($264.31) per month, plus any sales tax if required by law.
(G) 
Pickup rates for commercial and other nonresidential accounts for four cubic yard (4 cy) containers.
Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 4 cy container per week are listed below:
(i) 
One (1) time per week: One hundred two dollars and thirty-one cents ($102.31) per month, plus any sales tax if required by law.
(ii) 
Two (2) times per week: One hundred forty-five dollars and sixty-six cents ($145.66) per month, plus any sales tax if required by law.
(iii) 
Three (3) times per week: One hundred eighty-five dollars and twenty-two cents ($185.22) per month, plus any sales tax if required by law.
(iv) 
Four (4) times per week: Two hundred twenty-four dollars and fourteen cents ($224.14) per month, plus any sales tax if required by law.
(v) 
Five (5) times per week: Two hundred ninety-five dollars and six cents ($295.06) per month, plus any sales tax if required by law.
(H) 
Customers in industrial district.
Any industrial or commercial customer in an approved city industrial district, paying a tax in lieu of annexation, shall pay the same garbage and trash collection service rate applicable for such customers as if inside the city limits. This subsection shall supersede and control any other conflicting provisions.
(I) 
Additional regulations.
The solid waste superintendent shall have the authority to establish regulations governing the number of customers per container, the number and placement of containers, the rates paid by each customer using one container, the classification of accounts and other rules necessary for the orderly administration of the garbage and trash collection.
(3) 
Restoration of service when service discontinued for nonpayment.
When garbage and trash service is discontinued at any location and the container removed because of nonpayment of such service, the customer shall be required to pay to the city a charge of thirty dollars and sixty-three cents ($30.63) prior to restoration of such service and return of the container to such location.
(4) 
Compactor and roll-off service.
The city shall lease city-owned compactors and roll-offs at the following terms and conditions with a minimum fee of two hundred thirty-five dollars and forty-three cents ($235.43) per month. Privately owned compactors and roll-offs will be serviced at the same terms and conditions excluding rental fees. Monthly rental fees for compactor will be eight dollars and seventy-six cents ($8.76) times the cubic yard size of the unit(s). Rental fees for roll-off units will be six dollars and fifty-nine cents ($6.59) per day for thirty cubic yard (30 cy) containers and eight dollars and twenty-nine cents ($8.29) per day for forty cubic yard (40 cy) containers. A fee of sixty-five dollars and ninety-one cents ($65.91) may be charged for open tops rented ten (10) days or less. The service fee for picking up any of the roll-off or compactor units will be two hundred thirty-five dollars and forty-five cents ($235.45), plus the landfill tipping fees and state agency fees.
(A) 
Any compactor or roll-off that requests service and cannot be loaded due to being too heavy may be charged one hundred forty-one dollars and twenty-eight cents ($141.28) attempted service fee.
(B) 
After hours, weekends and holiday service shall be two hundred thirty-five dollars and forty-five cents ($235.45) per service.
(C) 
Compactor or roll-off units that are over the legal weight limits may be charged an additional one hundred sixty-nine dollars and fifty-one cents ($169.51). This is to encourage compliance with state highway weight laws.
(D) 
Any compactor or roll-off that requires relocation service may be charged as follows for the relocation service:
(i) 
On premises: Sixty-five dollars and ninety-one cents ($65.91).
(ii) 
Off premises: One hundred thirteen dollars and three cents ($113.03).
(E) 
When weighing equipment is not in operating condition. There will be a nine dollar and forty-one cents ($9.41) charge per agreed cubic yard of material to be disposed of plus other fees as they apply. Customers with previous credit hauling history may be charged based on past average charges.
(5) 
Applicability.
When garbage, rubbish and solid waste collection is made available to a building or establishment, the applicable charge shall be due from the person or business responsible for the building or establishment, regardless of the method of collection or number of pickups, or regardless of whether service is provided inside or outside the city limits.
(Ordinance 97-36, sec. 1, adopted 8/26/97; Ordinance 2000-14, sec. 1, adopted 5/23/00; Ordinance 2001-11, sec. 1, adopted 3/13/01; Ordinance 2001-40, sec. 1, adopted 8/28/01; Ordinance 2005-25, sec. 1, adopted 8/23/05; Ordinance 2006-48 adopted 8/22/06; Ordinance 2007-33 adopted 8/28/07; 1957 Code, sec. 7-11; Ordinance 2009-31, sec. 1, adopted 8/25/09; Ordinance 2013-47 adopted 8/27/13; Ordinance 2015-24 adopted 9/15/15; Ordinance 2016-30 adopted 9/13/16; Ordinance 2020-30 adopted 9/15/20; Ordinance 2021-33 adopted 9/28/21; Ordinance 2022-30 adopted 9/27/2022; Ordinance 2023-22 adopted 9/26/2023; Ordinance 2024-21 adopted 4/23/2024; Ordinance 2024-36 adopted 9/18/2024)
The charges fixed by this article shall be payable to the city on or before the tenth day following the mailing of the bill therefor.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-12)
The driver of any vehicle, including any vehicle of a private collector, shall immediately replace any garbage, rubbish or solid waste which is spilled from such vehicle, whether such spilling occurs during the loading, unloading or transportation of such garbage, rubbish or solid waste. Failure to do so shall constitute an offense.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-21)
It shall be unlawful for any person, except a duly authorized agent or employee of the city, or an owner disposing of his own waste, or a person who has received a contract from the city or licensed by the city, to handle or remove any garbage, rubbish or solid waste placed in a city container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-22)
In addition to other items specifically prohibited from disposal in city containers or other receptacles, it shall be unlawful for a person to dispose of fetal tissue in a city container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-23)