Bags.
Plastic sacks designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed thirty-five (35) pounds.
Bulky waste.
Stoves, refrigerators (CFCs must be removed and tagged), water tanks, washing machines, furniture and other waste materials, other than construction debris, dead animals, hazardous waste or stable matter, with weights or volumes greater than those allowed for bins and containers.
Commercial and industrial unit.
All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city not a residential unit.
Construction debris.
Waste building material resulting from construction, remodeling, and repair or demolition operations.
Container.
A receptacle with a capacity of between 1.5 to 4 cubic yards constructed of metal and adequate to allow access and removal by an automated refuse truck.
Contractor.
The person, corporation or partnership performing solid waste collection and disposal under contract with the city.
Convenience center.
An area located at the city public works yard.
Dead animal.
An animal or portions of an animal thereof equal to or greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
Disposal site.
A refuse depository, physically located in the City of Abilene, Texas, or in close proximity thereto, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal refuse and dead animals.
Garbage.
Any and all dead animals of less than ten (10) pounds in weight, except [those] slaughtered for human consumption, and every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers, and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents), except (in all cases) any matter included in the definition of bulky waste, rubbish or stable matter.
Hazardous waste.
Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste in any amount which is regulated under federal or state law. Motor oil, gasoline, paint and paint cans are considered to be items of hazardous waste.
Medical waste.
Syringes, needles or any object that could contain a disease and be spread by touch or pricking of skin are considered to be items of medical waste.
Occupant.
A renter, owner, lessee, individual, dweller, resident, tenant, user, and/or business that occupies any premises within the city or that has care, custody or control of the premises.
Poly-cart.
A poly-cart with a capacity of ninety-five (95) gallons constructed of durable plastic and having a tightfitting lid capable of preventing entrance into the container by vectors.
Producer.
An occupant of a commercial and industrial unit who generates refuse.
Refuse.
Residential refuse, commercial and industrial refuse, bulky waste, construction debris and stable matter generated at a residential unit, unless the context otherwise requires, and commercial and industrial refuse.
Residential refuse.
All garbage and rubbish generated by a producer at a residential unit.
Residential unit.
A dwelling within the corporate limits of the city occupied by an individual or group of persons comprising no more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit.
Roll-off container services.
Shall mean, upon customer request, that the contractor shall place a metal container receptacle for use with either carry-out garbage and refuse or bulky waste as defined in this section.
Rubbish.
All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste or stable matter.
Stable matter.
All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
(Ordinance 2008-005, sec. 1, adopted 2/12/08)
Any person, firm, or corporation violating this article or any part of this article, and found guilty by the judge of the municipal court, will be guilty of a class C misdemeanor, and be fined not more than $500.00 (five hundred dollars), except for health violations, which may be fined not more than $2,000.00 (two thousand dollars). Each day such violation continues, or is permitted to continue, shall be a separate offense.
(Ordinance 2008-005, sec. 11, adopted 2/12/08)
(a) 
Unlawful disposal of refuse.
No person shall place refuse in any street, vacant lot, gutter, roadway, park, or other public place within the city, or upon private property within the city, whether owned by such person or not, except if placed in containers authorized for collection. Nor shall a person throw or deposit refuse in a stream or body of water.
(b) 
Accumulation of refuse.
Any unauthorized accumulation of refuse on premises is hereby declared to be a nuisance and is prohibited. Failure to remove an existing accumulation of refuse within ten (10) days of the effective date hereof shall be deemed to a violation of this article and may be subject to enforcement action under article 6.02.
(c) 
Poly-carts.
The contractor shall provide one 95-gallon poly-cart to all residential and selected commercial customers to be serviced by the automated collection system. Additional carts may be obtained by contacting the city and paying an established fee. The occupant of a residential or business establishment is responsible for keeping the container clean and in a sanitary condition. The occupant of the property is responsible for the cost of replacing the container if replacement is due to misuse by the occupant.
(d) 
Containers for commercial, business, industrial and institutional customers.
The contractor shall provide appropriate containers for commercial, business, industrial and institutional customers as requested. Such containers will be maintained in good working order by the contractor, or replaced when determined to no longer be in serviceable condition. These containers will only be placed in commercial zoned areas for permanent service and in residential zoned areas for temporary use only.
(e) 
Vandalism of containers.
Vandalism of containers shall be reported to the code enforcement office and/or the city police department.
(f) 
Depositing waste in container or location assigned to other person.
No person shall deposit waste in a container assigned to another person or set out waste for collection at another person’s service location.
(g) 
Scavenging.
Scavenging of solid waste set out for collection is prohibited.
(h) 
Disposal of medical waste.
All medical waste shall be deposited in a safe manner so as not to be in contact with any skin. All syringes and needles will be placed in a container designed for medical disposal (sharpies container).
(Ordinance 2008-005, sec. 2, adopted 2/12/08)
(a) 
The city or approved contractor shall direct the collection of refuse from all residences and commercial establishments. Schedules, routes and operational criteria for the collection by automated service will be established and published for public information. A minimum of one (1) poly-cart will be required per residence. Collection will be at least one (1) time per week.
(b) 
Special accommodations shall be made for residents unable to handle the poly-cart. A notarized affidavit/waiver form must be submitted with the signature of a U.S. licensed physician. Allow ten (10) days for the application to be processed.
(c) 
Residential customers shall place poly-carts at curbside by 6:00 a.m. on the designated collection day, but no earlier than 6:00 p.m. the previous day. Carts shall be removed from curbside by 6:00 a.m. on the following day.
(d) 
Carts should be placed with the handle away from the street. All garbage must be bagged and placed inside the poly-cart with the lid closed so animals and vectors cannot gain access to the cart. Only garbage that fits inside the cart will be collected. Nothing [shall be] placed beside or stacked on top of the container. Poly-carts should not be placed within four (4) feet of a mailbox, utility meter or other obstruction. Carts should be placed more than twelve (12) feet from a parked car. No poly-cart shall be stored or placed for collection within a public walkway, roadway or alley.
(e) 
Commercial customers receiving automated curbside service will be provided one (1) 95-gallon poly-cart. Additional carts may be obtained by contacting the city and paying an established fee.
(f) 
Each container shall be assigned to the property and not to the occupant of the property. No person who occupies the property may remove the container from the assigned property.
(Ordinance 2008-005, sec. 3, adopted 2/12/08)
Residential and commercial collection rates shall be established by the contractor, with the approval of the city. The contractor may from time to time petition the city to change service routes or days of collection. Upon the approval of the city for proposed changes, the city shall promptly give written or published notice to the affected residential and commercial customers.
(Ordinance 2008-005, sec. 4, adopted 2/12/08)
Frequency of solid waste collection for residential, public and commercial customers shall be determined by the city, with the approval of the city council through minute action.
(Ordinance 2008-011, sec. II (2-4), adopted 9/9/08)
Solid waste collection service as provided by the city is a required service and mandatory for all residents and commercial, industrial and public establishments within the city limits. Monthly charges for solid waste removal shall be an integral part of the city’s water bill and shall be billed with the water and/or sewer charges, which shall be paid as a single, inseparable bill.
(Ordinance 2008-011, sec. II (2-3), adopted 9/9/08)
(a) 
The city council will establish a schedule of rates to be charged for waste services within the city by ordinance. Rates will be reflected for each customer on their monthly utility bill.
(b) 
Penalties may be assessed for nonpayment of fees according to established administrative policies.
(Ordinance 2008-005, sec. 7, adopted 2/12/08)
Editor’s note–Former section 13.02.010 pertaining to the rate schedule for solid waste removal and deriving from Ordinance 2012-005 adopted 5/8/12 was deleted in its entirety by Ordinance 2014-007, sec. 1, adopted 4/22/14. The rate schedule can now be found in the fee schedule of this code.
(a) 
Burning of waste materials is strictly prohibited within the corporate limits of the city. It will be a violation of this article and could be subject to enforcement under article 5.03.
(b) 
Subsection (a) shall not apply to the following:
(1) 
Barbecues or similar cooking devices while being used for the cooking of food for human consumption only.
(2) 
Comfort heating by use of a fireplace or wood-burning stove that is not being used primarily for the burning of waste materials.
(3) 
Controlled fires for the purpose of training firefighters.
(4) 
Personal use of cigarettes, cigars or pipes.
(5) 
Fire-fed lighting and heating devices such as candles, water heaters and lanterns.
(6) 
Pathological-type incinerators or furnaces used by hospitals, veterinary hospitals, crematoriums or similar establishments for the incineration of body parts, bandages or related refuse.
(Ordinance 2008-005, sec. 8, adopted 2/12/08; Ordinance adopting Code)
(a) 
Bulky waste items such as couches, chairs, mattresses and appliances without compressors will be collected at the convenience center.
(b) 
The city will accept brush and limbs less than ten (10) inches in diameter at the convenience center only. The city will not provide curbside services to residences.
(c) 
Items accepted at convenience center include scrap iron, aluminum, batteries, [and] leaves or yard trimmings bagged. Tires will also be accepted with a disposal fee.
(d) 
Items not accepted at the convenience center include household garbage and construction scraps.
(Ordinance 2008-005, sec. 9, adopted 2/12/08)
(a) 
Upon a request by a resident of the city or the owner of residential property located in the city, the city will shred and remove brush located on property located within the city. The request for brush removal must be submitted to the administration office at city hall. Brush is defined as shrubs, trees, and trimmings from shrubs and trees; it does not include leaves, grass cuttings, plants, or weeds; these items can be bagged and delivered to the convenience center. Brush may not exceed ten (10) inches in diameter. The brush must be from the property on which it is located and may not be transported to the property from another location.
(b) 
Brush removal service will be provided within a reasonable time as city equipment and labor are available to perform the service. The resident or property owner will be charged a fee for this service based on the actual cost to the city for labor, use of the equipment, fuel, and administration of the service. The fee will be invoiced to the resident or property owner on that person’s utility bill as an additional fee for solid waste disposal. In the event the resident or property owner requesting the service does not have a utility account in the city, that person will be required to pay to the city a deposit equal to the fee for one hour of brush disposal service at the time the request for service is submitted to the city and to pay any additional amount owed to the city for this service immediately upon completion of the service.
(Ordinance 2008-006, sec. I, adopted 5/27/08)
(a) 
Commercial containers shall be required, as determined by the city, for the following commercial and/or public sanitation customers:
(1) 
Multiple residential sanitation customers who are served by a master water meter (i.e., apartments, mobile home parks).
(2) 
All cafes, restaurants and/or commercial establishments that handle, sell, and/or prepare food for consumption.
(3) 
All commercial establishments dealing with products that may be or create potential health or safety hazards.
(4) 
Any commercial customer whose amount and/or type of garbage creates unacceptable health, safety or sanitation problems with storage or disposal.
(b) 
The city reserves the right to require the number of commercial containers, the size of said containers, and/or the number of weekly dumps for commercial customers to prevent or alleviate any health, safety or sanitation problem, as determined by the city.
(Ordinance 2008-011, sec. II (2-1), adopted 9/9/08)
It shall be unlawful for anyone to utilize a commercial solid waste container provided by the city or its representative for the disposal of trash or any other authorized use except for the commercial establishments or individuals who are paying for said containers.
(Ordinance 2008-011, sec. II (2-2), adopted 9/9/08)
The following may be excluded from service by the city, and such accumulation shall then be removed and disposed of at the expense of the owner or person having charge of same, subject to the regulations of the city council providing for the removal and disposal of same, such exclusions being as follows:
(1) 
The places of excessive accumulations of garbage and rubbish, such as killing and dressing plants for fowl or other animals.
(2) 
Heavy dead animals, such as cows, horses and mules.
(3) 
Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials.
(4) 
Manure from cow lots, horse stables, poultry yards, pigeon lofts, and other animal or fowl pens, and waste oils from garages or filling stations.
(Ordinance adopted 5/7/68, sec. II (3))
It shall be the duty of the city health officer, or his authorized agent, and he is hereby directed, to make all necessary inspections and investigations of any and all premises to see that the terms of this article are complied with.
(Ordinance adopted 5/7/68, sec. III)
The city council shall provide regulations as necessary from time to time to carry out, enforce and regulate such garbage collection service and such regulations shall be enforced in the same manner as if originally included herein, this article being for the purpose of establishing general provisions only.
(Ordinance adopted 5/7/68, sec. IV)
The disposal of garbage and rubbish shall be by an approved method of incineration (not open burning) or by landfill and cover. The city maintains a dump ground for the purpose of disposing of the refuse, garbage and rubbish of the city and for the purpose of disposing same for the citizens who have additional trash they desire to dispose of themselves; provided, however, no dead animals shall be placed in the city dump ground without a written permit issued by the mayor. Further, such dump ground shall be subject to such other regulations and requirements as the city council may direct.
(Ordinance adopted 5/7/68, sec. VI)