This article shall be known as the garbage and trash disposal ordinance of the city.
(Ordinance 2021-02 adopted 2/23/21)
The following words and terms, when used in this article, shall have the meanings respectively ascribed to them in this section:
Any nonhazardous garbage, trash, debris, brush, bulky waste, dead animals, stable matter, yard waste, recyclable materials and other refuse which the collector is legally permitted to accept for collection and delivery for disposal pursuant to the terms of its operating permit(s), including, but not limited to acceptable brush, commercial waste, industrial waste and residential waste, but excluding unacceptable waste.
A receptacle for garbage and trash meeting specifications prescribed by the city.
Tree and shrub trimmings which are not susceptible to placement in regulation containers.
The City of Dalworthington Gardens; for the purposes of the notices, consents and approvals required by this article, the water and sewer superintendent of the city or his duly authorized representative.
The person, firm or corporation under contract to the city to perform on its behalf the functions of collecting and disposing of garbage, trash and other solid wastes within the city.
All types of acceptable waste generated or discarded by stores, offices, restaurants, warehouses, multifamily housing units which utilize commercial containers and other nonmanufacturing activities at commercial and industrial units, excluding residential waste and industrial waste.
Any owner, occupant, tenant, or person otherwise in control of any premises in the city on which garbage and trash are accumulated and from which the same is removed or required to be removed pursuant to the terms of this article.
Dirt, concrete, rocks, bricks, or other waste building material.
Refuse animal or vegetable matter, as from a kitchen or food processing facility.
Any acceptable waste resulting from or incidental to any process of industry or manufacturing, mining or agricultural operations. The term “industrial waste” shall include class III industrial solid waste (as defined under title 30, part I, chapter 330, subchapter A, rule 330.2 of the Texas Administrative Code), but shall exclude unacceptable waste and class I industrial solid waste and class II industrial solid waste.
Pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional one-family residences, duplexes, multifamily residences, apartments, or mobile homes.
All refuse other than garbage, debris, and brush, as herein defined, including any household trash and yard trash (grass clippings, leaves, etc.).
(Ordinance 2021-02 adopted 2/23/21)
In addition to the usual enforcement agencies of the city, it is hereby made the duty of the city to determine whether or not garbage, trash and rubbish are being properly collected, removed and disposed of as required by the provisions of this article or any other applicable health ordinance. In the event it is found that this article or any other applicable ordinance is being violated, appropriate and timely action shall be taken to insure full compliance with its provisions. A user who has violated, or continues to violate, any provision of this article, shall be liable to the city for a maximum civil penalty of two thousand dollars ($2,000.00) per violation, per day.
(Ordinance 2021-02 adopted 2/23/21)
(a)
Every person who owns, occupies, or controls any premises in the city shall have garbage and trash removal.
(b)
No person shall collect garbage, trash, or refuse within the city except a person, firm, or corporation who has a contract or franchise with the city.
(Ordinance 2021-02 adopted 2/23/21)
(a)
Duty to provide containers.
Every customer shall provide and use approved containers sufficient in number to hold the garbage and trash normally accumulating on the premises of said customer.
(b)
Duty to secure containers.
Every customer shall keep all garbage and trash containers used by it securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals.
(Ordinance 2021-02 adopted 2/23/21)
It shall be the duty of each customer of residential premises in the city to place garbage and trash containers at locations as follows:
(1)
Premises on alleys.
If the premises from which garbage and trash are to be collected are adjacent to a dedicated public alley, the customer shall place all containers adjacent to the alley at a location on the premises and easily accessible to the collector from outside said premises.
(2)
Other premises.
In the event there is no alley adjacent to the premises, the customer shall place all containers for collection at curbside on the street on which said premises are addressed.
(3)
Designation of collection point.
In the event it is not practical to place containers for collection at locations hereinabove provided, the city shall designate the point most easily accessible for collection in such instances.
(4)
Time of placement.
All containers shall be placed at the hereinabove prescribed locations not earlier than 6:00 p.m. on the day preceding the day of scheduled collection. This subsection shall not apply to yard trash.
(5)
Screening requirements.
All containers shall be stored at locations outside of view of a public street or alley when the containers are not placed for collection.
(Ordinance 2021-02 adopted 2/23/21; Ordinance 2022-24 adopted 9/15/22; Ord. No. 2025-06 adopted 4/17/2025)
Trash shall be bundled in the manner required by the collector with which the city is contracted and shall be placed for collection as provided in section 13.03.006 hereof. Brush shall be cut and bundled in the manner required by the collector with which the city is contracted and made publicly available on the city’s website. No bundle, container, or other item shall weigh more than the weight outlined in the requirements prescribed by the collector.
(Ordinance 2021-02 adopted 2/23/21)
The charges for collection of residential garbage, trash, recycling, commercial garbage and trash, and household hazardous waste shall be as established in the fee schedule adopted by the city council and available from the city secretary. Said charges shall accrue for each and every month or any portion thereof during which such service is available and provided to the customer. When a customer has an active water account with the city, said charges shall be due and payable simultaneously with charges for water service.
(Ordinance 2021-02 adopted 2/23/21)
(a)
It shall be the duty of the owner or person otherwise in control of the commercial, institutional, or industrial premises within the city to cause all garbage and trash accumulated on said premises to be placed at a location on the premises which is readily accessible to the collector and approved by the city. Commercial type containers shall be placed at a location on the premises arranged between the customer and the collector with the following limitations:
(1)
For buildings constructed after the date of the adoption of this section, commercial type containers shall be placed in the rear of the property.
(2)
For buildings constructed before the date of the adoption of this section, commercial type containers shall be placed in the rear of the property. However, where there is inadequate spacing at the rear of the property for placement of a commercial type container as determined by the building official, the container may be placed at the side or front of the property. Adequate spacing shall be determined in accordance with section 14.02.221, building line setbacks.
(b)
Commercial, institutional, and industrial customers shall be required to screen container from public view in an approved manner.
(1)
For buildings constructed after the date of this section, approved screening is limited to the materials used on the building facade.
(2)
For buildings constructed before the date of adoption of this section, approved screening shall include wood, vegetation, and/or cyclone fencing with fabric interweave.
(3)
All enclosures must be no shorter than the container being screened and at least six feet in height unless a shorter height is approved by the building official.
(c)
For buildings constructed after the date this section is adopted, dumpster pads and the loading area in front of dumpsters shall be constructed with at least five (5) inches of concrete pavement of a scarified and compacted subgrade. The concrete pavement shall be reinforced with three-eights (3/8) inch steel bars spaced eighteen (18) inches on center each way or six by six (6 x 6), #6-guage welded wire fabric. Steele vehicle impact protection (2015 IFC 312) shall be placed behind the dumpster to prevent movement to the rear of the enclosure.
(Ordinance 2022-24 adopted 9/15/22)
The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the customer, and such charges shall be collected at the same time as water and sewer charges as provided in section 13.04.081 hereof.. A person who shall fail or refuse to pay the charges herein on the date the same shall become due and payable shall have his garbage service suspended, and the city shall be notified immediately for appropriate action in accordance with the provisions in this article.
(Ordinance 2021-02 adopted 2/23/21)
All garbage or trash that is mixed with water or other liquids shall be drained before being put into a garbage or trash container. All animal matter subject to decomposition shall be well wrapped in paper or other combustible material before being deposited in such container.
(Ordinance 2021-02 adopted 2/23/21)
(a)
Depositing litter or unsanitary matter.
It shall be unlawful for any person to sweep, throw, or deposit any garbage, trash, debris, stagnant water, or dead animals into, upon or along any drain, gutter, alley, sidewalk, street, or vacant lot, or upon any public or private premises within the city.
(b)
Maintaining prohibited condition.
It shall be unlawful for any person owning or otherwise in control of any premises within the city to permit any of the conditions described in subsection (a) of this section to exist upon property owned or controlled by him after having actual or constructive notice thereof.
(c)
Placing debris in disposable container.
It shall be unlawful for any person to place debris in any disposable container herein required to be used for garbage and trash.
(d)
Open bins and unapproved containers prohibited.
It shall be unlawful for any person to deposit or maintain trash in open bins or other containers not designated as approved containers as that term is herein defined.
(e)
Placing burning materials in container.
It shall be unlawful for any person to deposit any burning match, charcoal, ember or other material in any container used for the disposal of garbage, trash or any other flammable substance.
(Ordinance 2021-02 adopted 2/23/21)
Rock, waste, scrap building materials, or other trash resulting from construction or major remodeling, resulting from general cleanup of vacant or improved property just prior to its occupancy, or resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for construction, will not be removed by the city as a regular service. The owner will have such debris removed at his expense.
(Ordinance 2021-02 adopted 2/23/21)
It shall be the duty of any person employing a contractor, tree trimmer, or other person to trim or prune trees or shrubs to have said trimmings removed from the premises at his own expense.
(Ordinance 2021-02 adopted 2/23/21)
(a)
It is the policy of the city to encourage the recycling of certain types of solid waste materials in order to reduce landfill needs and to conserve natural resources.
(b)
Every residential customer shall be charged for a recycling program. All pickups shall be in recycling bins prescribed by the city. A list of acceptable items can be found on the city’s website.
(Ordinance 2021-02 adopted 2/23/21)
Every residential customer shall be charged for a household hazardous waste program. All pickups shall be in the manner prescribed by the city. A list of acceptable items can be found on the city’s website.
(Ordinance 2021-02 adopted 2/23/21)
No person except the duly authorized agents or employees of the city and persons acting pursuant to a contract with the city for public collection and disposal shall empty garbage containers or trash receptacles or convey or transport garbage or trash on the streets, alleys, and public thoroughfares of the city without a license granted and issued by the city.
(2005 Code, sec. 8.3.13(A))
There shall be two (2) classifications of licenses, as follows:
(1)
Class A: For the collection and transportation of garbage from the licensee’s premises or place of business using the licensee’s own vehicles and equipment. Said license shall be issued by the city upon compliance with the provisions of section 13.03.066 hereof. A separate license shall be required for each set of premises or place of business of an applicant.
(2)
Class B: For the collection and transportation of garbage for hire, or for the collection and transportation of garbage from any point other than the licensee’s premises or place of business. Said license may be issued by the city council upon compliance with the provisions of sections 13.03.066 and 13.03.067 hereof. Only one license shall be required for operations hereunder, but permits shall be required as provided in section 13.03.064.
(2005 Code, sec. 8.3.13(B))
The annual fee for class A license shall be as provided in the fee schedule in appendix A of this code.
(2005 Code, sec. 8.3.13(C))
(a)
Separate permit required for each pickup location.
Class B licensees shall obtain from the city sanitarian a separate permit for each customer service or pickup, and an application for said permit shall state the location of the pickup, the type of garbage or trash facility to be used, and such other information as the city may deem necessary.
(2005 Code, sec. 8.3.13(D))
It shall be unlawful for any person to engage in the collection or transportation of garbage and trash for hire from any premises for which a permit has not been obtained, as hereinabove provided.
(2005 Code, sec. 8.3.13(E))
The application for a permit required by this article shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the number of vehicles the applicant desires to operate; the class, size and design of each vehicle; whether or not the applicant or any person with whom he has been associated or employed has a claim or judgment against him for damages resulting from the negligent operation of a vehicle; the financial ability and responsibility of the applicant; his ability to respond in damages in the event of damages to persons or damage to property by reason of the negligent operation of a vehicle on the streets or public thoroughfares of the city; the nature and character of the service the applicant proposes to render; the experience he has had in rendering such service; the patrons for whom he proposes to render this service; and such other information as the city council may require.
(2005 Code, sec. 8.3.14)
Any person desiring a class B license shall make application to the city council, which shall make or cause to be made such investigation as it may consider necessary in order to determine whether public convenience and necessity require the granting of such license, and whether the applicant is a fit and proper person to conduct such business.
(2005 Code, sec. 8.3.15)
All permits granted by the city council for the collection, removal, and disposal of garbage, trash, and rubbish shall be nontransferable. Such permits may be rescinded by the city council at any time when in its judgment such action is deemed to be to the best interest of the public.
(2005 Code, sec. 8.3.16)
In all cases where permits have been issued for the collection, removal, and disposal of garbage, trash, and rubbish, such permit shall be in the possession of the person rendering such service and shall be subject to inspection at all times.
(2005 Code, sec. 8.3.17)
All trucks and containers used for the collection and transportation of garbage and trash shall be clearly marked with the owner’s name and telephone number in letters not less than two (2) inches high.
(2005 Code, sec. 8.3.13(F))
All vehicles used for the collection and transportation of garbage and trash shall be enclosed or covered with net, canvas, or wire to prevent the contents thereof from falling or blowing into the public streets or adjacent property.
(2005 Code, sec. 8.3.13(G))