For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Brush.
Large tree or shrub limbs, branches or trimmings which can be handled in standard garbage trucks.
City.
The City of Jacksboro, Texas, or its agents.
Construction debris.
All lumber, bricks, stone, sheetrock, roofing, sand, gravel, tile, and all other building material waste from construction, alteration or remodeling of any building.
Containers.
The receptacles placed throughout the city by the city or its agents in which garbage is deposited for mechanical collection.
Dispose.
Means to discharge, deposit, inject, dump, spill, leak, or place junk, garbage, rubbish, refuse or other solid waste on or into land or water, or into another person's residential or commercial container or polycart.
Garbage.
Kitchen refuse, ordinarily including only foodstuffs or related materials. "Garbage" also includes all decayable wastes, except sewage.
Junk.
All worn-out, worthless and discarded material, including odds and ends, old iron or other metal, glass and cordage.
Large appliances and trees.
All refrigerators, freezers, stoves, water heaters, washers, dryers, ironers, trees, tree limbs, and the like that are too large, heavy or bulky to be collected with normal collection equipment (standard garbage trucks).
Refuse.
All wastes resulting from domestic, commercial or industrial operations incident to urban life, except sewage, but including garbage and trash.
Rubbish.
All nondecayable wastes, except ashes.
Sanitation service.
A city-wide service for collection of garbage, yard trash and brush provided by the city or its agents.
Single-family residence.
Any residential unit which is served by a separate water meter.
Trash.
All refuse other than garbage, brush, and large appliances and trees, including household trash (discarded clothing, toys, papers, and the like) and yard trash (grass clippings, small shrub and tree trimmings, leaves, and the like).
(1984 Code, sec. 11-1; 1997 Code, sec. 50.01)
(a) 
Pursuant to Texas Health and Safety Code section 361.001 et seq., commonly known as the Solid Waste Disposal Act (the Act), the city council assumes, pursuant to Texas Health and Safety Code sections 361.165 through 361.167, exclusive authority to exercise within the area subject to the city's jurisdiction the powers, enforcement and other authority granted by the Act.
(b) 
Such exercise of power shall be in conformance with state law and subject to the same duties, limitations, and restrictions applicable to counties under the Act.
(c) 
Departments of the city and specifically the city attorney, the code enforcement officer, or the city prosecutor's office shall be authorized to seek enforcement of the Act within the city's jurisdiction both by civil injunction and civil penalty as allowed in the Act and all other lawful remedies, civil or criminal.
(d) 
The city acknowledges that, pursuant to applicable state law, all civil penalties ever imposed pursuant to the Act shall be equally divided by the state on the one hand and the local government or governments on the other hand, with 50% of recovery going to the general fund of the state and 50% of recovery going to the local government instituting the suit.
(e) 
Pursuant to applicable state law, all such criminal fines or penalties imposed pursuant to the Act shall be equally divided with 50% of recovery going to the state and 50% of recovery going to the local government instituting the suit, except that if the court determines that the state or the local government bore significantly more of the burden of prosecuting the case, it may apportion up to 75% of the fine to the government that predominantly prosecuted the case.
(f) 
Nothing in this section shall be deemed to diminish, negate or alter the penalties or legal requirements set forth in this article or any other health, safety or refuse ordinances of the city.
(Ordinance adopted 2/16/1986; 1997 Code, sec. 50.02)
(a) 
Generally.
The code enforcement officer shall have the authority to make inspection of publicly or privately owned premises to determine whether or not refuse is being properly collected, removed and disposed of, as required by the provisions of this article or any other applicable health ordinances. In the event it is found that this article or any other applicable health ordinance is being violated, appropriate and timely action shall be taken to insure full compliance with same.
(b) 
Authority to make inspections and issue notices.
The code enforcement officer shall have the authority to make inspections of refuse containers from which garbage and trash are to be collected by city forces and to issue notices to comply with provisions of this article to owners, occupants, tenants or lessees occupying any building, house or structure within the corporate limits, or the premises from which such collections are to be made, when such owners, occupants, tenants or lessees have failed to maintain refuse containers in the manner prescribed by this article. If compliance with this article is not obtained by issuance of such notice, the matter shall be referred to the city council for further corrective action, as provided by this article.
(1984 Code, secs. 11-7, 11-11; Ordinance 246 adopted 9/12/1967; 1997 Code, sec. 50.03)