A. 
Adoption of rules.
The rules on food service sanitation adopted by the Texas department of health on November 30, 1977, are hereby adopted as the food service sanitation regulations of the City of Sachse, and a copy of said rules shall be kept on file in the office of the city secretary.
B. 
Definitions.
For the purpose of this section, the terms, phrases, words and their derivations contained in the rules on food service sanitation shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and the word “will” is merely directory. Provided, that as an exception to the definitions provided in said rules, the provisions of this section and of said rules shall include retail food markets, which are defined as any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premises consumption. Such food or food products may be expected to vary in degrees of preparation and may often need further preparation or processing after purchase. “Regulatory authority” shall mean the City of Sachse, Texas or its duly authorized officer, agent or employee.
C. 
Valid permit, license or certificate required.
No person shall operate a food service establishment who does not have a valid permit, license or certificate issued to him by the regulatory authority. Only a person who complies with the requirements of this section shall be entitled to receive or retain such a permit, license or certificate. Permits, licenses or certificates are not transferable. A valid permit, license or certificate shall be posted in every food service establishment in the city.
D. 
Issuance of permit, license or certificate.
(1) 
Any person desiring to operate a food service establishment shall make written application for a permit, license or certificate on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of each applicant and shall be accompanied by any application fee required by the regulatory authority to cover the cost of processing such application and any inspection conducted in connection therewith.
(2) 
Prior to approval of an application for a permit, license or certificate, the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of this section.
(3) 
The regulatory authority shall issue a permit, license or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this section.
E. 
Suspension of permit, license or certificate.
The regulatory authority may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with the requirements of this section, or if the operation of the establishment does not comply with the requirements of this section, or if the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by this section. When a permit, license or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate or the person in charge shall be notified in writing that the permit, license or certificate is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
F. 
Revocation of permit, license or certificate.
(1) 
The regulatory authority may, after providing opportunity for hearing, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of this section or for interference with the regulatory authority in the performance of duty.
(2) 
Prior to revocation, the regulatory authority shall notify in writing the holder of the permit, license or certificate or the person in charge, of the specific reason for which the permit, license or certificate is to be revoked and that the permit, license or certificate shall be revoked at the end of the ten days following service of such notice unless a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit, license or certificate becomes final.
G. 
Service of notices.
A notice provided for in this section is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certificate. A copy of the notice shall be filed in the records of the regulatory authority.
H. 
Hearings.
The hearings provided for in this section shall be conducted by the regulatory authority at a time and place designated by it. The city council of the City of Sachse shall designate an officer, agent or employee of the City of Sachse as hearing officer for purposes of this section. Any oral testimony given at a hearing shall be recorded, and the hearing officer shall make provision for the replaying or copying of the transcript of such hearing for any person at his cost. The hearing officer shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the regulatory authority.
I. 
Application after revocation.
When a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written application for a new permit, license or certificate on forms provided by the regulatory authority.
J. 
Inspection frequency.
An inspection of every food service establishment within the city shall be performed at least once every four months. Additional inspections of a food service establishment shall be performed as often as are necessary for the enforcement of this section or of the rules on food service sanitation adopted hereby.
K. 
Inspection fee.
The regulatory authority shall be authorized to collect from each such food service establishment an annual inspection fee that shall not exceed the annual inspection fee charged by the Dallas County Health Department.
L. 
Access.
Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this section. The representatives shall be permitted to examine the records of the establishment, to obtain information pertaining to the food and supplies purchased, received or used.
M. 
Report of inspections.
Whenever an inspection of a food service establishment or a commissary is made, the findings shall be recorded on an inspection report form issued by the Texas department of health, entitled “Food Service Establishment Inspection Report,” described in the rules on food service sanitation adopted hereby and available from the food and drug division office of the Texas department of health. The inspection report form shall summarize the requirements of this section and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section of the rules or this section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any persons who requests it according to law.
N. 
Correction of violations.
(1) 
The completed inspection report form shall specify a reasonable period of time for the correction of the violations found. The corrections of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(a) 
If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority.
(b) 
All violations of four or five point weighted items shall be corrected as soon as possible, but in any event, within ten days following inspection. Within 15 days after inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the four or five point weighted violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(c) 
All one or two point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.
(d) 
When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.
(e) 
In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the temporary food service establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(2) 
The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for hearing of the inspection findings or the time limitations or both will be provided if a written request is filed with the regulatory authority within ten days following cessation of operations. If a request for a hearing is received, a hearing shall be held within 20 days of receipt of that request.
(3) 
Whenever a food service establishment is required under the provisions of this section to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time.
O. 
General.
Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of this section. The regulatory authority may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of subsection N(1)(a) or N(1)(b) or any other provision of this section. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and if no hearing is requested, the food shall be destroyed. If a request for hearing is received, a hearing shall be held within 20 days after receipt of the request. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this section.
P. 
Submission and review of plans.
Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of this section and of the
“Rules on Food Service Sanitation” as hereby adopted. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority. Whenever plans and specifications are required, the regulatory authority shall inspect the food service establishment prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of this section and the Rules on Food Service Sanitation adopted hereby.
Q. 
Procedure when infection suspected.
When the regulatory authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures:
(1) 
The immediate exclusion of the employee from employment in food service establishments;
(2) 
The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;
(3) 
Restriction of the employee’s services to some areas of the establishment where there would be no danger of transmitting disease;
(4) 
Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges.
(Ordinance 329 adopted 3/7/83)
A. 
Unlawful.
It shall be unlawful for a person to use a tobacco product or to possess an actively burning tobacco product or an electronic cigarette product, as defined in section 12-5 B.1. of this Code, in any municipal park or park facility. For purposes of this section, park or park facility shall mean a park, playground, athletic field, recreation center, adjacent city-owned parking lots, trails or any other area in the city owned or used by the city, and devoted to active or passive recreation.
A person commits an offense if he smokes or possesses an actively burning tobacco, wood or other plant product or electronic cigarette product in any indoor or enclosed municipal facility.
B. 
Signs.
The City of Sachse shall post conspicuous signs at all entrances to municipal facilities. The signs shall contain the words “No Smoking or Electronic Cigarette Use, City of Sachse Ordinance” and the universal symbol for No Smoking.
(Ordinance 1258 adopted 4/17/95; Ordinance 3275, sec. 1, adopted 1/3/11; Ordinance 3605, sec. 1, adopted 9/2/14)
A. 
[Definition:]
Prohibited noise is any noise which is unreasonably loud, disturbing, or unnecessary that it is offensive to the ordinary sensibilities of the inhabitants of the city, and which noise renders the enjoyment of life or property uncomfortable, or interferes with public peace and comfort.
B. 
Prohibited noise.
A person commits an offense if he or she makes, causes to be made, or allows to be made any prohibited noise in the city, including but not limited to prohibited noise from the following activities.
(1) 
Blowing a horn or operating an audible signal device attached to or located on an automobile, motorcycle, bus or other vehicle, except as may be required or permitted by state law;
(2) 
Playing a musical instrument, radio, television set, stereo system, loud speaker, public address system, or similar device;
(3) 
Keeping or harboring an animal or fowl which emits prohibited noise;
(4) 
For any person operating or controlling a motor vehicle in either a public or private place within the city to operate any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle, in such a manner that, when operated, it is audible at a distance of 30 feet or, when operated, causes a person to be aware of the vibration accompanying the sound at a distance of 30 feet from the source.
(5) 
Operation of the engine of a motor vehicle, as defined in the Texas Transportation Code, so as to assist in braking or slowing the vehicle through the use of gears or through the use of any engine brake or engine retarding device, commonly referred to as a “engine” brake, or by any other method which produces any noise in addition to the normal operating engine noise, on any street or public highway within the city.
C. 
Parties responsible.
The persons responsible for violations of this section are:
(1) 
At a private residence: Any adult resident present at the time of the offense, and any adult guest or adult trespasser with the apparent authority to control the level of noise at the time of the offense when no adult resident is present at the time of the offense.
(2) 
At a business or other non-residential location: The property owner, operator, manager, and employee in charge, and all persons in control of or in possession of an instrument or property generating the noise at the time of the offense.
D. 
Defenses.
The following defenses shall apply to any offense established in this chapter:
(1) 
The emission of any sound was for the purpose of altering persons to the existence of an emergency, danger, or attempted crime.
(2) 
The sound was produced by authorized emergency vehicle.
(3) 
The sound was produced by emergency work necessary to restore public utilities, or to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accidence, or natural disaster.
(4) 
The sound was generated:
a. 
At a lawfully scheduled stadium event.
b. 
By a parade and spectators and participants on the parade route during a permitted parade;
c. 
By spectators and participants at a lawfully scheduled amphitheatre event;
d. 
By a pyrotechnic display that was inspected and approved by the fire chief or his designee;
e. 
By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert which was sponsored, cosponsored, or permitted by the city; or
f. 
Any other lawfully activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution.
(5) 
The sound was produced by the erection, excavation, construction, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or permitting or causing the operation of any tools or equipment used in such activity conducted between the hours of 7:00 a.m. and 9:00 p.m.
(6) 
The sound was produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawn mower, or any other similar device used between the hours of 7:00 a.m. and 9:00 p.m.
(7) 
The sound was produced by aircraft in flight or in operation at an airport, or railroad equipment in operation on railroad rights-of-way.
(8) 
The sound was produced by church bells or church chimes when used as part of a religious observance or service which did not exceed five continuous minutes in duration during any one-hour period.
(9) 
The sound was produced from a mechanical loudspeaker or amplifier on a truck or other moving vehicle for the purpose of advertising any show, sale or display of merchandise.
(Ordinance 1176 adopted 5/2/94; Ordinance 1184A adopted 7/5/94; Ordinance 2149, sec. 1, adopted 6/20/05; Ordinance 3089, sec. 1, adopted 11/17/08)
A. 
Discharge of firearms prohibited.
(1) 
A person commits an offense if he or she discharges or causes to be discharged within the city limits:
(a) 
Any firearm, rifle, shotgun, automatic rifle, revolver, pistol, or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or
(b) 
Any B-B gun, pellet gun, air rifle, bow and arrow, or other device, manufactured, altered or intended to cause any material, item or thing to become a projectile.
(2) 
It is a defense to prosecution under paragraph (1) of this subsection A that the person:
(a) 
Was a law enforcement peace officer acting in the performance of his or her official [duties];
(b) 
Fired a weapon under circumstances which were justified under the provisions of the Texas Penal Code; or
(c) 
Fired a weapon on his or her own property at a predatory animal in order to protect livestock, poultry or domestic animals from attack, and that the fired projectile did not cross a property line.
(Ordinance 1316, sec. 1, adopted 11/20/95; Ordinance 3796, sec. 1, adopted 6/5/17)
The city council of the City of Sachse hereby declares that a business of a junk or wrecking yard is a public nuisance, fire hazard, and hazardous to public health and safety of residents of the city. No junk or wrecking yard shall be allowed to establish or to operate within the city limits. A junk or wrecking yard shall be classified as any place or business used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked cars or their parts.
(Ordinance 42 adopted 12/9/59)
A. 
Interpretation and purpose.
In the interpretation and application of the provisions of these regulations, it is the intention of the city council that the principles, standards and requirements provided for herein shall be minimum requirements for the design and location of private sewage disposal systems in the City of Sachse and, where other ordinances of the city are more restrictive in their requirements, such other ordinances shall control. The procedure and standards for the development, layout and design of private sewage disposal facilities within the corporate limits of the City of Sachse, Texas, and for such other areas as may be authorized by Article 974.A of Texas Revised Civil Statutes are intended to:
(1) 
Promote and protect the land in a manner to assure the best possible community environment.
(2) 
Guide and assist the citizens in the correct procedure to be followed and to inform them of the standards which shall be required.
(3) 
Protect the public interest by inspecting the location, design, class, and type of private sewage disposal systems.
(4) 
Protect and promote the health, safety and general welfare.
B. 
Definitions.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word “shall” is always mandatory and the word “may” is merely directory.
Building
is a structure built, erected, and framed of component structural parts designed for the housing, shelter, enclosure or support of persons.
Private sewer
is a sewer which is owned by an individual or corporation rather than by public authority. The private sewer system consists basically of septic tanks and a discharge system of piping for absorption of the wastes by the soil.
Public sewer
is a common sewer collection system directly controlled by public authority.
Septic tank
is a watertight receptacle which receives the discharge of a drainage system or part thereof, and is designed and constructed so as to separate solids from the liquid, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open joint or perforated piping, or disposal pit.
Sewage
is any liquid waste containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution.
C. 
Authority.
The control and use of an adequate and safe sewage disposal facility in areas with no public sewage system is a major factor influencing the health of individuals. The Texas General Sanitation Law of 1945 (article 4477-1, Vernon’s Annotated Civil Statutes) which governs the treatment and disposal of domestic sewage states:
(1) 
Section 4.(b). No kitchen waste, laundry waste or sewage shall be allowed to accumulate, discharge or flow into any public place, gutter, street or highway.
(2) 
Section 5.(a). All human excreta in populous areas must be disposed of through properly managed sewers, treatment tanks, or by other methods approved by the state department of health. The disposal systems shall be sufficient to prevent the pollution of surface soil, the contamination of any drinking water supply, the infection of any flies, cockroaches or the creation of any other nuisance.
(3) 
Section 5.(b). All effluent from a septic tank hereafter constructed shall be disposed of through a subsurface drainage field designed in accordance with good public health engineering practice or any other method which does not create a nuisance.
In the City of Sachse the property owner shall connect to the public sewage collection system where it is available or within six months after notification is given that public sewer is available. In those areas not sewered by the public sewage system, a city approved septic tank and soil absorption system may be used. This section is to regulate the use and construction of septic tanks for those areas which are not served by a public sewage system.
D. 
Approval.
(1) 
The City of Sachse will approve construction of a private sewer system when:
(a) 
The public sewer system cannot economically be extended to serve the subject area.
(b) 
An application is filed with the city providing the information required to determine the amount of sewage generated at the proposed building site.
(c) 
A plan is provided showing the facilities to be constructed, with the proposed grades and the design complies with this section and city construction standards.
(d) 
The result and certification of percolation tests performed by a registered professional engineer, a member of a county public health unit, or a designated member of the city staff is provided. This test shall be performed as outlined in the construction standards.
(2) 
The facilities shall be inspected while under construction by the City of Sachse and/or the Dallas County health department to insure compliance with the various conditions required in this section, the city construction standards, and the approved plan. The builder or developer shall request city inspection the day before inspection is desired. The final inspection will be made after all construction, except for the backfilling of the tank and drain field, is completed.
(3) 
The city inspector will verify the construction complies with the approved plan, this section and Sachse construction standards. Any violations found shall be corrected before city approval will be given.
(4) 
When private sewage systems do not comply with the intent of this section, the city will issue notices of the violations and request correction. In those cases where the necessary corrections are not made within the time specified, the person or corporation shall be in violation of the provisions of this section.
E. 
Variances.
The City of Sachse may authorize a variance from these regulations when in its opinion undue hardship will result from requiring strict compliance. In granting a variance, the city shall prescribe only conditions that it deems necessary or desirable to the public interest and making the findings herein below required. The city shall take into account the nature of the proposed use of treatment involved and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity.
(1) 
That there are special circumstances or conditions affecting the property involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.
(2) 
That the variances are necessary for the preservation and employment of a substantial property right of the applicant, that the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area.
(3) 
That the granting of a variance is not the result of findings of a pecuniary hardship to a building or home owner, standing alone, and the result of a financial hardship.
(4) 
The city may not authorize a variance that would constitute a violation of any other valid ordinance of the City of Sachse, the County of Dallas, the Texas state health department, the City of Dallas, and/or the Texas water commission.
F. 
Conflicts.
When the building code of the City of Sachse, the zoning ordinance or the subdivision ordinance of the City of Sachse contains regulations which are more restrictive than the regulations contained herein, the ordinance which is more restrictive shall control.
Editor’s note–See article 4, section 6 of the Zoning Ordinance for lot area requirements for septic tanks.
(Ordinance 164 adopted 8/8/72)
A. 
Definitions.
For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Abate
shall mean to eliminate or remedy by removal, repair, rehabilitation, or demolition.
Brush
shall mean scrub vegetation or dense undergrowth.
Carrion
shall mean the dead and putrefying flesh of any animal, fowl or fish.
City
shall mean the City of Sachse, Texas.
Dump
shall mean to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload, or toss on or into land or water.
Filth
shall mean any matter in a putrescent state.
Garbage
shall mean solid waste that is putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
Impure or unwholesome matter
shall mean any putrescible or nonputrescible condition, object or matter which tends to, may or could cause injury, death or disease to human beings.
Includes and including
are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.
Junk
shall mean all worn out, worthless or discarded material, including but not limited to any of the following materials, or parts of said materials or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperative residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios and/or televisions, or other electronic devices not currently in use; and any other type of used and/or inoperable machinery or equipment not currently in use.
Matter
shall mean that of which any physical object is composed.
Nuisance
shall mean any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health, or that is offensive to the senses, or that threatens to become detrimental to the public health; and shall include but not be limited to: any abandoned wells, shafts or basements, abandoned refrigerators, stagnant or unwholesome water, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, any objectionable, unsightly, or unsanitary matter of whatever nature.
Objectionable, unsightly or unsanitary matter
shall mean any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities.
Owner
shall mean any person or entity shown as the property owner on the latest property tax assessment rolls of the city or county, or any person having or claiming to have any legal or equitable interest in the property, or any person claiming, occupying or having supervision or control of any property, including any tenant of the property and any agent who is responsible for managing, leasing or operating the property.
Person
shall mean any individual, firm, partnership, association, business, corporation, or any other entity recognized at law.
Property
shall mean all land, occupied or unoccupied, and any improvements located on or within such land, including any building or other structure designed or used for residential, commercial, business, industrial, or religious purposes. The term shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the land.
Putrefaction
shall mean decomposition of organic matter resulting in production of foul-smelling matter; or putrefied matter; or the condition of being putrefied.
Putrescible
shall mean subject to putrefaction.
Refuse
shall mean heterogeneous accumulation of worn out, used, broken, rejected or worthless materials, including but not limited to, garbage, rubbish, paper or litter, and other decayable or nondecayable matter.
Rubbish
shall mean nondecayable waste from a public or private establishment or residence.
Trash and debris
mean all manner of refuse including, but not limited to: mounds of dirt; piles of leaves; grass and weed clippings; paper trash; useless fragments of building material; rubble; furniture, other than furniture designed for outside use; items of salvage, such as scrap metal and wood; old barrels; old tires; tree and brush trimmings; and other miscellaneous wastes or rejected matter.
Vegetative growth
shall mean any grass, weeds, shrubs, trees, brush, bushes, vines, or other plant material.
Waste or litter
shall mean nondecayable solid waste or decayable waste as defined in V.T.C.A., Health and Safety Code sec. 365.011.
Weeds
shall mean any vegetation that because of its height is objectionable, unsightly or unsanitary, excluding: shrubs, bushes and trees, cultivated flowers, and cultivated crops.
B. 
Prohibited accumulations, dumping, stagnant water, trash, and other unsightly or unsanitary matter declared a nuisance.
(1) 
It is unlawful and declared a nuisance for an owner of property within the corporate limits of the city to permit or allow any stagnant or unwholesome water, sinks, refuse, filth, carrion, weeds, rubbish, brush, trash, debris, junk, garbage, impure or unwholesome matter of any kind, or objectionable or unsightly matter of whatever nature to accumulate or remain upon such property or within any public easement on or across such property or upon any adjacent public street or alley right-of-way between the property line of such property and where the paved surface of the street or alley begins.
(2) 
It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped, upon or along any drain, gutter, alley, sidewalk, street, park, right-of-way, vacant land, body of water, or any other public or private property within the city, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, weeds, brush, junk, garbage, impure or unwholesome matter of any kind, or other objectionable or unsightly matter of whatever kind.
(3) 
It shall be the duty of the owner of property within the city to keep the sidewalks in front of such property free and clear of all such matter described in subsections (1) and (2), and to fill up, drain, or regrade any such property which shall have stagnant water thereon, and to cleanse and disinfect any such property from refuse, rubbish, trash, filth, carrion, or objectionable, unsightly or unsanitary matter of any kind, or other impure or unwholesome matter of any kind.
C. 
Weeds, brush, and other objectionable matter.
(1) 
It shall be unlawful and declared a nuisance for an owner of any property within the city to permit weeds, grass, or any objectionable or unsightly matter, to accumulate or grow to a height greater than 12 inches upon such property within 150 feet of any property line of such property which abuts any street right-of-way, alley, utility easement, subdivided property, or any buildings or other structures. Exceptions:
(a) 
Hay which is being cultivated on property that has been granted an agricultural property tax exemption on the most recent tax roll as certified by the county appraisal district.
(b) 
Regularly cultivated row crops; provided such crops shall not be allowed to grow within the right-of-way, or easement; nor shall they be allowed to obstruct the necessary view to and from adjacent rights-of-way.
(c) 
Within ten feet of any property line where the property is zoned agricultural.
(d) 
Landscaping that is maintained and in compliance with chapter 11 of the Code.
(e) 
Open space land located on or adjacent to the floodplain (riparian buffers, creeks, U.S. Army Corps of Engineers easements, or other designated shorelines) may be left in its natural state to help filter runoff, prevent erosion, increase vegetation and shade, improve water quality, and other conservation benefits, subject to discretionary review and approval by the city manager or his/her designee. The extent, to which these areas are maintained, whether owned privately, by an HOA, or by a governmental entity, shall be determined on a case by case basis by city staff. Operations, environmental benefits, cost of maintenance, accessibility, proximity to floodplain and water, public use of the property, threat of fire, aesthetic factors, and other variables may be considered by staff.
(2) 
It shall be the duty of an owner of property within the city to keep the area from the property line of the owner’s property to the curb line adjacent to it or if there is no curb line, then to the centerline of any adjacent unpaved street or the edge of the pavement of such street free of any condition or matter deemed a nuisance.
D. 
Inspections.
(1) 
For the purpose of ascertaining whether violations of this section exist, the city manager or his/her designee, is authorized to enter property at a reasonable time to inspect, investigate, or abate a nuisance or other violation of this section or to enforce this section, in accordance with law.
(2) 
If an inspection or investigation of property is sought from an owner of property but is refused, the city manager or his/her designee, shall have every recourse provided by law, including an administrative search warrant and/or injunction to secure entry. If the owner of property cannot be identified or located, the city manager or his/her designee, may enter the property to the extent allowed by law. The city manager or his/her designee is designated as a code enforcement official of the city to be issued a search warrant as authorized by V.T.C.A., Code of Criminal Procedure sec. 18.05, as the same may be amended or superseded.
E. 
Duty of owner to cut and remove weeds, brush, and unsightly matter.
It shall be the duty of an owner of property to drain and/or fill any such property or portion thereof which is unwholesome, contains stagnant water, or in any other condition that may produce disease. It shall be the duty of an owner of property to cut and remove all weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with subsection C., and to use every precaution to prevent the same from occurring, growing, or accumulating on such property.
F. 
Notice of violation and to abate; failure to comply; correction by city.
(1) 
If property within the city is in violation of this section, the city manager or his/her designee, shall give notice, in accordance with this section, to an owner of property that such property is in violation of this section and the nature of the violation.
(2) 
If the owner of property for which such notice has been given does not comply with the terms of this section and the demand for compliance as set forth in the notice within seven days of the notice of a violation, the city may:
(a) 
Do or cause to be done the work or make or cause to be made the improvements required to obtain compliance with this section; and
(b) 
Pay for the work done or improvements made and charge the expenses to the owner of the property. The city shall be entitled to reimbursement of all such expenses. All such expenses incurred in doing or in having such work done shall be a charge to, and a personal liability of, such owner.
(3) 
The notice must be given:
(a) 
Personally to the owner in writing;
(b) 
By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or
(c) 
If personal service cannot be obtained, by:
(i) 
Publication at least once;
(ii) 
Posting the notice on or near the front door of the primary building on the property to which the violation relates; or
(iii) 
Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(d) 
If notice is mailed to the owner of property in accordance with subsection (3)(b) of this section, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered. If notice is returned for reason other than “refused” or “unclaimed” then notice shall be made as stated in subsection (3)(c) of this section.
(e) 
In a notice provided under this section, the city may inform the owner of property by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city, without further notice may correct the violation at the owner’s expense and assess the expense against the property. If the violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (2)(a) and (2)(b) of this section and assess its expenses as provided by subsection H.
G. 
Additional authority to abate nuisance.
(1) 
The city may abate, without notice, weeds that:
(a) 
Have grown higher than 48 inches; or
(b) 
Are an immediate danger to the health, life or safety of any person.
(2) 
Not later than the tenth day after the date the city abates weeds under this section; the city shall give notice to the property owner in the manner required by subsection F. The notice shall contain:
(a) 
An identification, which is not required to be a legal description, of the property;
(b) 
A description of the violations of this article that occurred on the property;
(c) 
A statement that the city abated the weeds; and
(d) 
An explanation of the property owner’s right to request an administrative hearing about the city’s abatement of the weeds.
(3) 
The city shall conduct an administrative hearing before municipal courts on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.
(4) 
An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(5) 
The city may assess expenses and create liens under this section as it assesses expenses and creates liens under subsection H. A lien created under this section is subject to the same conditions as a lien created under subsection H.
(6) 
The authority granted the city by this section is in addition to the authority granted by subsection F.
H. 
Assessment of expenses; lien.
(1) 
Any and all expenses incurred by the city under or pursuant to this section may be assessed against the property on which the work is done or improvements made in addition to an abatement administrative fee as approved in the Master Fee Schedule for the city.
(2) 
In order to obtain a lien against the property, the city manager or his/her designee, must file a statement of expenses with the county clerk of the county in which the property is located. The lien statement shall be filed in the real property records of the said county. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(3) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(4) 
The city shall charge a lien filing and release administrative fee for expenses incurred associated with the filing and release of the lien, as approved in the Master Fee Schedule for the city.
(5) 
The lien is inferior only to:
(a) 
Tax liens; and
(b) 
Liens for street improvements.
(6) 
The city attorney may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(7) 
The city attorney may foreclose a lien on property under this section in a proceeding relating to the property brought under V.T.C.A., Tax Code Ch. 33, Subchapter E, as amended or superseded.
(8) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing or causing to be done the work or making or causing to be made the improvements.
(9) 
The remedy provided by this section is in addition to any fines or civil penalties that may be assessed.
I. 
Enforcement.
The provisions of this section shall be enforced by the city manager or his/her designee, and it shall be unlawful for any person to interfere with or hinder any such person in the exercise of that person’s duties under this section.
J. 
Violation; penalty for failure to comply.
(1) 
It shall be unlawful for any person to violate any provision of this section, and after any period of notice which may be required hereunder, any such violation shall be punishable, upon conviction, by a fine in an amount not to exceed $2,000.00. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement of a nuisance by the city and charging the cost of same against the owner of the property.
(2) 
Notwithstanding the foregoing, any violation of any provision of this section which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purpose.
(Ordinance 74 adopted 5/24/66; Ordinance 1172, secs. 1, 2, adopted 4/18/94; Ordinance 1427, sec. 1, adopted 12/16/96; Ordinance 3788, sec. 1, adopted 4/3/17)
All streets and alleys within the city limits which are open and used by the public shall be kept free and clear of personal property. A time limit of 48 hours after being notified to remove such property shall be given offenders of this section.
(Ordinance 43 adopted 12/9/59)
It shall be unlawful for any person to consume any alcoholic beverage in any public place within the corporate limits of the City of Sachse. This section shall not apply to persons in their private residences, as guests of other persons in such other persons private residences, or to persons within privately owned premises and not open to the public view.
(Ordinance 283 adopted 2/23/81)
A. 
Definitions.
In this section:
Approved
means accepted as satisfactory under the terms of this section and given formal and official sanction by the approving authority.
Approving authority
means the director or any other official designated by the city manager of any city party to this section, or his duly authorized deputy, agent, or representative.
Director
means the director of the department designated by the city manager to enforce and administer this section.
Disposal
means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including ground waters.
Disposal site
means a permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land and at which said waste will remain after closure.
Disposer
means a person who receives, stores, retains, processes, or disposes of liquid waste.
Generator
means a person who causes, creates, generates, or otherwise produces liquid waste.
Grease trap
means a water-tight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty, liquid, semi-liquid, and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grease trap waste
means greasy, fatty liquid, semi-liquid, and/or solid wastes removed from commercial operations by a grease trap.
Grit trap
means a water-tight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grit trap waste
means petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities.
Hazardous waste
means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may:
(1) 
Have any of the following characteristics; toxic, corrosive, and irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness;
(2) 
Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal “Solid Waste Disposal Act”, as amended by the “Resource Conservation and Recovery Act of 1976” and as may be amended in the future.
Liquid waste
means water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage.
Manager
means the person conducting, supervision, managing or representing the activities of a generator, transporter, or disposer.
Manifest system
means a system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste.
Owner
means the person who owns a facility or part of a facility.
Permit
means the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage.
Permittee
means a person granted a permit under this section.
Person
means an individual, corporation, (including governmental corporation) organization, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity.
POTW
means publicly owned treatment works.
Sanitary sewer
means a sewer which carries sewage and to which storm, surface, and ground waters are not normally admitted.
Septage
means waste removed from a portable toilet, chemical toilet or septic tank.
Shall
means the word “shall” wherever used in this section will be interpreted in its mandatory sense; “may” is permissive.
Special wastes
any solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment.
Spill
means the accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, and septage.
Tank
means a device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of nonearthen materials (e.g., concrete, steel, plastic; to provide structural support for the containment.
TDH
means Texas Department of Health.
TWC
means Texas Water Commission.
Toxic waste
means any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body.
Transporter
means a person who operates a vehicle for the purpose of transporting liquid waste.
Trip ticket
means the shipping document originated and signed by the transporter which contains the information required by the approving authority.
Vehicle
means a mobile device in which or by which liquid waste may be transported upon a public street or highway.
B. 
Permit required.
(1) 
A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.
(2) 
A person who desires to obtain a permit must make application on a form provided by the approving authority.
(3) 
A person who desires to obtain a permit must submit to the approving authority at the time of application a photocopy of the manager’s drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the new manager’s drivers license.
(4) 
The approving authority shall not issue a permit unless the applicant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the authority to be constructed and equipped in accordance with the provisions of this section.
(5) 
A permit is not transferable.
(6) 
A permit issued by the City of Sachse excludes the hauling of materials that are hazardous in nature.
(7) 
Transporters transporting hazardous wastes must have the applicable Texas Water Commission and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA manifest system.
(8) 
Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period.
C. 
Fee and display of permit.
(1) 
The approving authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee $25.00 for the first vehicle and $25.00 for each additional vehicle operated by the person. Each permit must be renewed annually.
(2) 
The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background in three-inch letters or larger the business name, TDH registration number and the following:
X X X
The first three letters (X X X) shall represent the city issuing the permit. The blank space shall contain the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times.
D. 
Liquid waste vehicles; maintenance.
(1) 
A liquid waste transporter shall:
(a) 
Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks;
(b) 
Provide a safety plug or cap for each valve of a tank;
(c) 
Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day.
(2) 
The approving authority may cause to be impounded a vehicle which is being operated in violation of this section, and he may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal may be filed by the transporter pursuant to subsection M of this section.
E. 
Liquid waste vehicles: inspection.
(1) 
A liquid waste transporter’s vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows:
(a) 
Use a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited;
(b) 
Piping, valves and connectors shall be permanently attached to tank and/or vehicle;
(c) 
Tank to be liquid tight;
(d) 
Tank to be constructed so that every interior and exterior portion can be easily cleaned;
(e) 
Piping, valves, and connections shall be accessible and easy to clean;
(f) 
Inlet, or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport;
(g) 
Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle;
(h) 
Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use;
(i) 
Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable or being easily disassembled for cleaning.
F. 
Responsibilities of a liquid waste transporter.
(1) 
Before accepting a load of liquid wastes for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(2) 
A transporter with a City of Sachse liquid waste transporter permit shall not transport materials that are hazardous as defined in subsection A of this section in vehicles permitted by the city for transporting liquid waste.
(3) 
A transporter holding a City of Sachse permit must use a disposal site permitted and approved by the city, or the state, or the federal government.
(4) 
A manifest system, consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of Sachse and shall be used as follows:
(a) 
The trip ticket books are purchased by the transporter from the City of Sachse, department of building inspections, for an established fee;
(b) 
A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirement but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority;
(c) 
White copy of trip ticket signed by a transporter and generator at time of waste collection and yellow copy maintained by generator;
(d) 
White copy of the trip ticket signed by disposer at time of disposal and pink copy maintained by disposer;
(e) 
Green copy of trip ticket maintained by transporter;
(f) 
All completed trip ticket books containing the white copy of the trip ticket will be delivered at least monthly by the transporter to the City of Sachse, department of building inspections;
(g) 
A copy of all trip tickets shall be maintained for a period of two years.
G. 
Accumulation of liquid waste.
A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.
H. 
Disposal of liquid waste.
(1) 
A person commits an offense if he unloads or offers for sale or exchanges liquid waste, except at a place permitted by the city or the state or the federal government.
(2) 
A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system.
I. 
Responsibilities of liquid waste generator.
(1) 
A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal.
(2) 
A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit.
(3) 
A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours.
(4) 
A generator shall:
(a) 
Install or provide collection device of size and type specified by approving authority;
(b) 
Maintain collection device in continuous, proper operation;
(c) 
Supervise proper cleaning of collection device;
(d) 
Report spills and accidents involving collection device to approving authority within 24 hours;
(e) 
Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means.
J. 
Responsibilities of liquid waste disposers.
(1) 
A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard.
(2) 
A liquid waste disposer shall:
(a) 
Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law;
(b) 
Accept waste only from a permitted transporter;
(c) 
Maintain trip ticket copies for a period of two years;
(d) 
Accept only those classes of wastes authorized by license or permit;
(e) 
Make available all records required to be kept for inspection by the approving authority during normal business hours.
K. 
Rules and regulations.
The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this section and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations.
L. 
Denial, suspension, revocation of permit.
(1) 
The approving authority may deny a permit if it is determined that an applicant is not qualified under subsections B through F of this section and may suspend or revoke a permit if it is determined that a permittee:
(a) 
Is not qualified under subsections B through F of this section;
(b) 
Has violated a provision of this section;
(c) 
Has failed to pay a required fee;
(d) 
Has failed to comply with maintenance or inspection requirements;
(e) 
Has failed to deliver trip tickets to the approving authority.
(2) 
After suspension under this section, a permittee may file a request for reinstatement of the permit. When the authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit.
(3) 
The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this section, any rule or regulation promulgated by the approving authority, or applicable provisions of the City Code or state law.
(4) 
A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority.
M. 
Appeal.
If the approving authority denies the issuance of a permit, or revokes a permit, he shall send to the applicant, or permit holder, by certified mail, return receipt requested, written notice of this action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the approving authority in accordance with the Code of Appeal in the City of Sachse.
N. 
Responsibility of corporations or associations.
(1) 
In addition to prohibiting certain conduct by natural persons, it is the intent of this section to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.
(2) 
Any person, operator, or owner who shall violate any provisions of this section, or who shall fail to comply with any provisions hereof, shall be guilty of a misdemeanor and, upon conviction shall be subject to a fine as provided for in section 1-7 of the City of Sachse Code of Ordinances, and each violation and each day a violation continues, shall constitute a separate offense and shall be punished accordingly.
(3) 
Any person found to be guilty of violating provision of this section shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half of assessed clean-up cost shall be levied by the city against the guilty person.
(Ordinance 706 adopted 8/15/88)
A. 
Rate schedule.
Each residential user of the city’s waterworks systems shall be charged a monthly rate for the collection of solid waste materials as set forth in the city’s Master Fee Schedule.
Customer Class.
(1) 
Residential service:
Per unit charge for monthly collection (Polycart)..... $7.31
Per unit charge for recyclable collection..... 2.43
Bulk trash fee..... 2.86
Franchise fee..... 0.50
Administrative fee..... 0.26 13.36
Sales tax..... 1.03
Total per unit monthly charge..... 14.39
Extra solid waste Polycart..... 6.34
(2) 
Commercial container service:
Per unit charge for monthly collection..... 24.62
Extra cart..... 10.57
(3) 
Individual bulk collection at hourly rate (billed direct to customer)..... 95.00
(4) 
Polycart replacement fee..... 75.00
B. 
Franchise fee required.
As compensation for use of the city’s streets and alleys all commercial solid waste contractors shall pay to the City of Sachse the sum of three percent of the gross revenues received by the contractors for services provided to customers in the city. Said payments shall be made quarterly and be due and payable no later than 15 days after the end of each calendar quarter. Failure to pay the franchise fee on or before the due date shall result in a penalty of ten percent of the amount due being added to the required payment.
C. 
Permit required.
A permit shall be required for the movement of commercial solid waste disposal vehicles over any public street of the city. Application for a permit shall be filed with the city secretary and shall include the following:
(1) 
Name, address and telephone number of the solid waste disposal company.
(2) 
A descriptive statement of the kind, type and character of solid waste material to be transported.
(3) 
An affidavit, duly sworn before an officer authorized to administer oaths, showing the weight of said solid waste vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted.
D. 
Regulation of commercial collection containers.
All commercial/industrial owners or tenants are responsible (when not already provided) to provide a refuse container for their business or property. For the purposes of this section a commercial/industrial refuse container shall mean a metal refuse receptacle of commercial/industrial grade for the purpose of disposal of trash and debris for commercial/industrial locations provided by a contractor. It is the responsibility of those owners/tenants to contract their own contractor to provide such service. The contractor shall provide, at his own expense, containers to the owner or occupant of any premises wherein he contracts for commercial storage and collection of solid waste, subject to the following requirements:
(1) 
All such containers shall be constructed according to reasonable specifications which are acceptable to the city.
(2) 
All such containers shall be equipped with suitable covers to prevent blowing or scattering of refuse or garbage while being transported for disposal of their contents.
(3) 
All such containers shall be maintained by the contractor so as to be in good repair and a sanitary condition.
(4) 
All such containers shall be clearly marked with the contractor’s name and telephone number in letters not less than two inches in height.
(5) 
All such containers shall be placed in designated, screened areas, when available.
(6) 
Containers will not be emptied if a safety hazard exists. Customer shall be contacted by contractor to remove excess and pick up will be rescheduled when excess has been removed.
(7) 
All containers will be exchanged at reasonable intervals to maintain good appearance considering type of refuse generated, normal wear, and weathering.
(8) 
The customer will be responsible for odor and insect control in and around containers.
E. 
Books and records of solid waste disposal contractors.
All solid waste disposal contractors serving commercial customers in the city shall maintain adequate books and records relating to the performance of their billing and accounting at their respective place of business. These records shall be available for inspection by the city at any time during normal working hours. The city may at any time, at its option, cause an audit, either formal or informal, to be made of that portion of the contractors books and records which are used in the calculation of the franchise fee. The expense of such audit will be paid for by the city.
F. 
Scavenging of recyclable materials prohibited.
No person or persons, other than the current resident of the property on which recyclable materials are placed for collection or an authorized carrier shall remove, pick up, or transfer recyclable materials left at curbside in any residential subdivision or at curbside at any family residence. Materials left at curbside in either specifically marked recovery containers or any other type of container are to be picked up by a designated carrier for the purpose of removal of recyclable materials. Each unauthorized removal of any item or items from residential subdivision location or single-family residence location shall constitute a separate violation of this subsection.
G. 
Trash and bulk storage/pick-up.
(1) 
Placement of garbage containers/bags for collection where no alleys exist.
Where a residence or duplex is not served by an alley, public utility easement or other public way in the rear or alongside thereof, all containers shall be placed as close as possible to the curb line of the street or as otherwise designated by the city, but shall not be placed in the street or on the sidewalk, or in any manner placed where the containers will interfere with vehicular or pedestrian traffic.
(a) 
Where garbage is collected from the street curb line adjacent to the property, containers/bags shall be placed there no earlier than 6:00 p.m. of the afternoon preceding the collection day and must be removed to a point at the side or rear of the structure not later than 8:00 a.m. of the day following collection.
(b) 
Where special conditions exist which subject containers are so placed to overturn and which are subject to spillage, the designee of the city may, at his/her discretion, require such containers subject to overturn and spillage to be placed in a portable or moveable rack.
(c) 
If collection day falls on a holiday, trash will be collected the next day. Holidays that fall on Friday will be collected on Saturday.
(d) 
If inclement weather should occur, pick-ups may be delayed or picked up the next day depending on road conditions.
(2) 
Placement of oversize brush and bulky trash.
Oversize brush and bulky trash (when accepted by contractor) must be placed just behind the curb line of the street abutting the property from which the brush and trash originated, or as otherwise designated by the city designee but must not be placed in the street or on the sidewalk or in any manner that will interfere with vehicular or pedestrian traffic, and must not be placed out for collection earlier than the following:
(a) 
Bulky trash items shall not be placed out for collection earlier than forty-eight (48) hours before the designated collection day.
(b) 
Brush items (tree limbs, yard waste, grass clippings, any other vegetation, etc.) shall not be placed out for collection earlier than the Saturday before the designated collection day.
(3) 
Bulk special collection requirements.
If any residential customer shall desire to dispose of any brush or bulky items, outside of the scheduled bulk pick-up, such customer shall notify contractor to arrange an extra pick up and that cost shall be billed to the customer by the contractor.
(Ordinance 951 adopted 5/20/91; Ordinance 972 adopted 8/19/91; Ordinance 1242 adopted 3/6/95; Ordinance 1720 adopted 3/20/00; Ordinance 1732 adopted 5/15/00; Ordinance 1761 adopted 6/19/00; Ordinance 2174, sec. I, adopted 11/7/05; Ordinance 3123, sec. 1, adopted 4/6/09; Ordinance 3318, sec. 1, adopted 9/19/11; Ordinance 3419, sec. 1, adopted 9/17/12, eff. 10/1/12; Ordinance 3611, sec. 1, adopted 9/15/14; Ordinance 3979 adopted 6/15/20)
There is hereby adopted by reference for the city a stormwater management program, Phase II MS4s, dated February 2003, attached to the enabling ordinance, Ordinance No. 1994, as Exhibit “A”, and made part hereof for all purposes, the same as if fully copied herein. This program is adopted as the official policy of the city to provide stormwater runoff pollution control as required by state and federal law.
(Ordinance 1994, sec. 1, adopted 2/3/03)
The processing or disposal of municipal or industrial solid waste is not prohibited in the following area within the city:
(1) 
The Maxwell Creek Landfill, being more particularly described as tracts A and B in Exhibit “A” attached to Ordinance No. 3980 adopted June 15, 2020 and incorporated herein.
(Ordinance 3980 adopted 6/15/20)
Pursuant to sections 363.112(c) and (e) of the Texas Health and Safety Code, the prohibition in section 6-41 above shall not apply in:
(1) 
Any area within the city for which, as of the effective date of this article, either:
(a) 
An application for a permit or other authorization under chapter 361 of the Texas Health and Safety Code had been filed with and is pending before the commission; or
(b) 
A permit or other authorization under chapter 361 of the Texas Health and Safety Code has been issued by the commission.
(2) 
Any area within the city to which section 361.090 of the Texas Health and Safety Code applies.
(Ordinance 3980 adopted 6/15/20)
In this article, the following terms shall have the meanings set out below.
Commission.
The Texas Commission on Environmental Quality.
Disposal.
The discharge, deposit, injection, 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 or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner.
Industrial solid waste.
Solid waste resulting from or incidental to a process of industry or manufacturing, or mining or agricultural operations.
Municipal solid waste.
Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste.
Processing.
The extraction of materials from or the transfer, volume reduction, conversion to energy, or other separation and preparation of solid waste for reuse or disposal, including treatment or neutralization of hazardous waste designed to change the physical, chemical, or biological character or composition of hazardous waste so as to neutralize hazardous waste; recover energy or material from hazardous waste; or render hazardous waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable for recovery or storage, or reduced in volume.
Solid waste.
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.
(Ordinance 3980 adopted 6/15/20)