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 later than 7:00 a.m. on the
day of scheduled collection.
(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)
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))
