The provisions of this article apply to all areas within the jurisdiction of the city. Within the city limits, any franchise granted by the city or any contract entered into by the city for solid waste collection supersedes any other franchise granted or contract entered into under chapter 364, Texas Local Government Code.
(Ordinance 579 adopted 4/9/19)
The following terms when used in this article shall have the meanings ascribed to them in this section:
Bag.
A plastic sack, secured at the top, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top.
Bulky item.
Any broken, used up, worthless or discarded item with any dimension greater than 48 inches or weighing in excess of 50 pounds, including but not limited to refrigerators, stoves, washing machines, water tanks, couches, other similar items, and, regardless of size or weight, automobile parts and tires.
City.
The City of Bulverde, Texas.
Construction and demolition waste.
Waste resulting from construction or demolition activities or that is directly or indirectly the byproduct of such activities, including but not limited to cartons, concrete, gypsum board, metal, paper, plastic, rubber and wood products, but not including hazardous waste or bulky items.
Hazardous waste.
Waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so classified by any federal or state statute, rule, order or regulation.
Landscape waste.
Tree limbs, trees, dirt, rocks, brush, grass clippings, shrub trimmings and other waste generated by a person employed or contracted by the owner or controller of premises to provide yard maintenance, tree and shrub trimming, land clearing, grubbing, or other landscape related services.
Multifamily premises.
A premises with a structure with three or more dwelling units that is designed for occupation by multiple-family units, each living independently of the other family units; provided that the definition specifically excludes hotels or motels.
Nonresidential premises.
A commercial, industrial, multifamily, or institutional premises, including but not limited to apartments, hospitals, hotels, motels, restaurants, airport and aircraft facilities, offices, warehouses, schools, retail stores, manufacturing facilities, distribution centers and other premises that are not residential premises.
Person.
Any individual, firm, corporation, partnership, or other entity or association, as well as the agents, servants, tenants, and employees thereof, and includes both singular and plural.
Premises.
Any real property and the improvements on such real property.
Prohibited waste.
Dead animals, or any part of a dead animal; bulky items; construction and demolition waste; landscape waste; hazardous waste; or any combination thereof.
Residential premises.
A single-family home or duplex. The term does not include a multifamily premises.
Service provider.
Either the city or an entity authorized by the city to provide solid waste services, whether by franchise, agreement, or otherwise.
Solid waste.
Discarded or waste materials, and includes but is not limited to refuse; putrescible animal and vegetable waste materials resulting from the handling, preparation, or consumption of food; nonputrescible waste materials such as paper, rags, plastics, furniture, rubber, glass, crockery, and metal cans; yard waste such as grass clippings and leaves; and any other broken, used up, or worthless materials; provided that the term does not include prohibited waste.
Waste container.
A cart, can, dumpster or other receptacle approved, used, or provided by the service provider for the purpose of containing solid waste prior to pick up by the service provider; provided that the term does not include bags.
(Ordinance 579 adopted 4/9/19)
(a) 
Handbills.
It is unlawful for any person to place, scatter, or throw any handbills, posters, advertisements, flyers, or papers upon any public or private premises, including but not limited to public rights-of-way, parks and drains; parking lots; and the door or windshield of an automobile.
(b) 
Public property.
It is unlawful for any person to place, leave, or deposit solid waste, prohibited waste, trash, refuse or any other material detrimental to the order of the city in or on any public rights-of-way, parks, drains, easements, or other city property, or to allow the same.
(c) 
Private property.
It is unlawful for any person to place, leave, or allow to accumulate solid waste, prohibited waste, trash, or other refuse upon any private lot or premises, including the lot or premises owned by such person, unless such solid waste, prohibited waste, trash, or other refuse is placed in accordance with this article.
(Ordinance 579 adopted 4/9/19)
Every person owning, occupying, managing, operating, leasing or renting any premises shall obtain solid waste pickup services for such premises from a service provider and shall not allow any lapse of such pickup services due to noncompliance, failure to pay reasonable fees, or any other reason.
(Ordinance 579 adopted 4/9/19)
(a) 
Compliance required.
Every person owning, occupying, managing, operating, leasing or renting any residential premises shall comply with the provisions of this section. Any failure to comply with this section is unlawful.
(b) 
Collection.
All solid waste from any residential premises placed for collection by the service provider shall be placed for collection at the place and on the dates reasonably designated by the service provider and in accordance with the following:
(1) 
Container required.
Except as allowed by subsection (2) immediately below, all solid waste shall be placed inside a waste container with the lid of such container closed completely.
(2) 
Excess refuse.
If the solid waste placed for collection does not fit entirely within the waste container, then such excess solid waste may be placed into bags immediately beside the waste container; provided that no more than 4 bags may be used.
(3) 
Placement; removal.
Waste containers and bags shall be placed for collection no earlier than 7:00 a.m. the day prior to the collection date. Waste containers shall be returned to storage no later than 7:00 p.m. the day after the collection date.
(c) 
Storage.
Waste containers shall be stored behind the front building wall of the residential structure except when placed for collection.
(Ordinance 579 adopted 4/9/19)
(a) 
Compliance required.
This section only applies to nonresidential premises. Every person owning, occupying, managing, operating, leasing or renting any nonresidential premises shall comply with the provisions of this section. Any failure to comply with this section is unlawful.
(b) 
Containers required.
All solid waste shall be placed in waste containers with the lid of such waste container closed completely. No solid waste, including solid waste in bags, shall be placed outside of a waste container. Each premises shall have waste containers of a sufficient number and type to accommodate the solid waste from the premises.
(c) 
Placement for collection.
(1) 
All waste containers shall be placed for collection on private premises at locations agreed between the owner or occupant and the service provider; provided, however, that no waste container shall be placed:
(A) 
Within 15 feet of the boundary of any abutting property with a single-family zoning designation; or
(B) 
In any front, rear, or side yard abutting a street.
(2) 
Waste containers that are moved from storage for collection shall not be placed for collection earlier than 5:00 p.m. on the day prior to the date for collection and shall be removed from the collection site no later than 7:00 a.m. the day after the collection day.
(d) 
Storage.
All waste containers shall be placed and stored in compliance with section 14.13.009 of this code.
(Ordinance 579 adopted 4/9/19)
(a) 
Collection prohibited.
It is prohibited for any person to place prohibited waste for collection by a service provider unless the service provider has agreed to collect such prohibited waste and such prohibited waste is collected, transported and disposed of in accordance with all applicable local, state, or federal rules, regulations, or laws.
(b) 
Contracts permitted.
Notwithstanding anything to the contrary, a person may contract with a service provider or other person to collect, transport and dispose of prohibited waste in accordance with all applicable local, state, or federal rules, regulations, or laws.
(Ordinance 579 adopted 4/9/19)
It is prohibited for any person to disturb, tamper with, place any solid waste in, remove any solid waste from, or otherwise meddle with a waste container or bag containing solid waste located on property owned by another without the consent of the owner or the person in effective control of the property or the waste container or bags.
(Ordinance 579 adopted 4/9/19)
(a) 
Franchise required.
It is unlawful for any person to engage in the business of collecting solid waste within the city without a franchise or other agreement from the city that is in force and effect.
(b) 
Exception.
This section does not prohibit a person owning, occupying, managing, or operating any premises from transporting and disposing of solid waste from the premises owned, occupied, managed, or operated by such person provided that such solid waste is transported and disposed of in compliance with this article and state and federal law.
(Ordinance 579 adopted 4/9/19)
A service provider or any other operator of any vehicle hauling solid waste, construction and demolition waste, brush, bulky items, prohibited waste, or any other refuse shall not permit any such waste or refuse to blow or fall out of the vehicle.
(Ordinance 579 adopted 4/9/19)
All provisions of this article applicable to solid waste and waste containers apply equally to any materials that have been designated by a service provider and a customer for recycling and any waste container used for such recyclable waste.
(Ordinance 579 adopted 4/9/19)