City of Panhandle, TX SOLID WASTE DISPOSAL

It shall be unlawful for any person to throw, discard, place, deposit or litter in any manner or amount on any public or private property within the corporate limits of the City of Panhandle, except in containers or areas lawfully provided therefor.

In the prosecution charging violation of subsection (a) from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter together with proof that the defendant named in the complaint was at the time of such violation the registered owner of said vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.

It shall be the duty of every person distributing commercial handbills, leaflets, flyers, or any other advertising and information material to take whatever measures that may be necessary to keep such materials from littering public or private property.

To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments and institutions as may be designated by the city manager shall provide, regularly empty, and maintain in good condition adequate containers that meet standards prescribed by the city. This requirement shall be applicable, but not limited to, fast food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, motels, hospitals, and schools.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-17)

§ 6.203 Vehicles Transporting Loose Materials.

It shall be unlawful for any person, firm, corporation, institution, or organization to transport any loose cargo by truck or other motor vehicle within the corporate limits of the City of Panhandle unless said cargo is covered and secured in such manner as to prevent depositing of litter on public and private property.

The duty and responsibility imposed by subsection (a) shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person, firm, corporation, institution, or organization from whose residence or establishment the cargo originated.

In the prosecution charging a violation of subsection (a), lack of adequate covering and securing shall in itself constitute proof a violation has been committed.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-18)

§ 6.204 Loading and Unloading Operations.

Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of such litter and shall make appropriate arrangements for the collection thereof.

Further, it shall be the duty of the owner or occupant to remove at the end of each working day any litter that has not been containerized at these locations.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-19)

§ 6.205 Construction/Demolition Projects.

It shall be unlawful for the owner, agent, or contractor in charge of any construction or demolition site to cause, maintain, permit, or allow to be caused, maintained, or permitted the accumulation of any litter on the site before, during, or after completion of the construction or demolition project.

It shall be the duty of the owner, agent, or contractor to have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof or for transport by himself to an authorized facility for final disposition.

The owner, agent, or contractor may be required at any time to show proof of appropriate collection, or if transported by himself, of final disposition at an authorized facility.

Construction waste: Effective February 1, 2017, the following fees and policies are established for accepting construction waste at the city landfill.

Base rate: $20.00 per cubic yard.

8 yard truck: $160.00.

(3)

10 yard truck: $200.00.

(4)

20 yard roll off: $400.00.

(5)

30 yard roll off: $600.00.

(6)

All cement must be separate from trash, and additional charges may incur at the city’s discretion. Cement is a construction material.

(7)

At no point will the city landfill accept construction waste or any other related waste whereby accepting such waste conflicts with Texas Licensing Stipulations.

(8)

Construction waste is considered category VII waste.

(Ordinance 588, sec. II, adopted 1/12/17)

§ 6.206 Household Solid Waste Containerization and Removal.

All residences located in any area in which collection is by the city or approved contractors shall have sufficient container capacity to accommodate their normal value of solid waste between collections. The type, size, and number of containers shall be as prescribed by the city council.

All items too large to fit into containers, such as, but not limited to, appliances, furniture, and mattresses, shall be disposed of either by self transport of such items to end disposal facilities, or by the city on a fee-payment bulk collection basis.

All loose materials which normally fit into containers but which are excess as a result of special circumstances such as holidays shall be bundled and tied securely to prevent them from blowing or scattering and shall be placed beside the containers.

Containers shall be kept covered at all times.

(e)

Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the city manager. Failure to do so within five (5) days of such notification shall constitute a violation of this section.

(f)

In placing containers for collection and removing them after collection, all residents shall follow those practices prescribed by the city council.

(g)

It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-21)

§ 6.207 Commercial Solid Waste Containerization and Removal.

All establishments and institutions which generate solid waste for collection by the city or approved contractors shall abide by the container requirements as prescribed by the city council.

Containers shall be kept covered at all times.

Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally, shall be replaced promptly by the owner or user thereof upon receipt of written notice of such defects from the city manager. Failure to do so within five (5) days of such notification shall constitute a violation of this section.

It shall be unlawful for any owner, manager or employee of a commercial establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-22)

§ 6.208 Provision for Solid Waste Disposal and Storage.

Before building permits shall be issued for construction of commercial buildings and multiple dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the city manager.

No building permit shall be issued for said premises until the department’s approval of these facilities has been obtained.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-23)

§ 6.209 Keeping Property Clean.

It shall be the duty of the owner, agent, occupant, or lessee to keep exterior private property free of litter. This requirement applies not only to the removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.

Owners, agents, occupants or lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of litter. This requirement shall also apply to owners, agents, occupants or lessees whose property abuts an alley.

It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers.

It shall be the duty of every nonresident owner of a vacant lot or other vacant property to appoint a resident agent who shall have responsibility for keeping that lot or other property free of litter.

(e)

If after due warning, citation or summons, an owner, agent, occupant or lessee fails to remove litter from any private property, the city manager is authorized to serve written notice to the owners or his appointed agent that if the condition is not corrected within ten (10) days, the property will be cleaned by the city and the owner or his appointed agent billed for the cost thereof. If the bill is not paid within thirty (30) days, execution may be issued by the city against the property for the amount of the cleaning charge, and such execution shall constitute a lien on the property until the claim has been satisfied.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-24)

§ 6.210 Containers Regulations.

The City of Panhandle shall provide refuse collection in a manner and at a frequency to be determined by the city council of the City of Panhandle, Texas. Containers shall be furnished by the city and shall at all times remain the property of the City of Panhandle, Texas. The following regulations shall pertain to the use of containers provided by the city:

Containers shall be provided by the city and shall be placed at locations to be determined by the city manager or his designate. It shall be unlawful for any person, firm or corporation, to move or cause to be moved, any container from its designated location.

It shall be unlawful for any person, firm or corporation to paint, affix any decal or emblem, or otherwise alter any refuse container provided by the city.

(3)

It shall be unlawful for any person, firm or corporation to remove lids or lift attachments, or otherwise damage any container provided by the city.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-25)

§ 6.211 Collection Regulations.

Collections shall be provided by the City of Panhandle and shall include only garbage and trash placed in containers provided by the city, except as otherwise provided in this chapter of the Panhandle City Code, with the following provisions and exceptions:

Heavy accumulation, such as brick, broken concrete, lumber, shingles, ashes, clinkers, cinder, dirt, plaster, sand or gravel, automobile frames, furniture, appliances, dead trees and other bulky, heavy material, shall immediately be disposed of at the expense of the owner or occupant.

Trash, such as grass, weeds, leaves and similar items must be in a container provided by the city for collection.

(3)

Garbage and trash that is mixed with water or other liquids shall be drained before being placed in a garbage container.

(4)

Animal matter that is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a garbage container.

(5)

Dead animals and fowl shall not be placed in a garbage container, but the fact of the presence of any dead animal or fowl upon any premises, or in the street or alley adjacent thereto, must be promptly reported to the animal control authority by the person in control of the premises.

(6)

Manure from cow lots, horse lots, stables, poultry yards and pigeon lofts shall be collected regularly so as to prevent the accumulation thereof, and placed in concrete, metal or plastic fly-proof containers. It shall be the sole responsibility of the party responsible to empty such containers and remove such manure from the premises at least once a week. Said manure shall not be placed in containers provided by the city.

(7)

Waste oils shall be disposed of at the expense of the party responsible for said waste.

(8)

No person shall place in any container provided by the city, any box or packing case larger than one cubic foot without first having flattened the box or packing case.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-26)

§ 6.212 Special Collections; Damages.

It shall be the responsibility of the owner or occupant of any premises who has requested special collection services to provide unobstructed access to the container for the collection vehicle if said container is placed in any other location than a public right-of-way. If failure of the owner or occupant to do so prohibits the collection vehicle from emptying the container, the city shall be under no obligation to return to empty said container until the next regularly scheduled collection. If any unscheduled collection is made at the request of the owner or occupant of the premises, an additional collection fee may be charged.

If a container is located on private property, any damage caused by the container or collection equipment to the roadway pavement or other access surfaces adjacent to the container will not be the responsibility of the city.

(1993 Code of Ordinances, Chapter 9, Article 2, Sec. 9-27)

§ 6.213 Use of Landfill Restricted to Commissioners’ Precincts 2 and 3.

Use of the City of Panhandle Solid Waste Disposal Landfill will be restricted to the following:

City of Panhandle residents/businesses;

Carson County Commissioner’s Precincts 2 and 3 residents/businesses.

The above will be permitted to use the landfill with the following conditions:

City of Panhandle residents/businesses must present proof of payment of the most current city utility bill at the landfill gate as a condition of admittance. The customer copy of the most recent city utility bill (stamped or marked paid by the city) or the customer’s cancelled check with which the most recent utility bill was paid shall be considered proof of payment. Established disposal rates must be paid for all solid waste disposed of at the landfill.

Carson County Commissioner’s Precincts 2 and 3 residents/businesses may use the landfill upon purchase of an annual landfill use permit. The permit will be valid for one year, from January 1st through December 31st, after purchase, or, if purchased for use during the calendar year, until December 31st of that year. A current landfill use permit must be presented at the landfill gate as a condition of admittance. Established disposal rates must be paid for all solid waste disposed of at the landfill.

In order to purchase a landfill use permit, non-city residents/businesses must complete a permit application providing the following information: name, mailing address, property description (section and block number), and execute a certificate in which they state they are residents of or own businesses in either Precinct 2 or 3 and are eligible to purchase a landfill use permit.