Words used in this article shall have the meanings assigned
to them in this section:
Solid waste consisting of putrescrible animal and vegetable
waste materials resulting from the handling, preparation, cooking,
and consumption of food, including waste materials from markets, storage
facilities, handling, and sale of produce and other food products.
All worn out, worthless and discarded materials in general,
including but not limited to odds and ends, old iron or other metal,
glass, paper, cordage, or other wastes, or discarded materials.
The person, firm, corporation or other entity who uses private
property as a residence or business or for any other purpose or use.
Also to be included as an occupant shall be the person, firm, corporation
or other entity in charge of an apartment house, tenement house, trailer
court or similar place in which groups of persons reside, or the person,
firm, corporation or other entity who is in charge of any place of
business.
Both the singular and the plural, and shall be the person,
firm, corporation or other entity owning any interest in the property
as reflected by the tax records or deed records.
Land located in the city. With regard to a particular “owner”
or “occupant,” it shall mean land lying between the boundary
lines of such property owned or occupied, including the adjacent right-of-way
area from immediately behind the curb on any adjacent street to the
nearest property line and from the nearest property line to the center
of any adjacent alley. Property shall be classified as such even though
it may be subject to street, alley or utility easements.
A public recreational area over which the city has jurisdiction
under its police power, whether within the city or not.
The same meaning as rubbish.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials. Combustible
rubbish includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture,
and similar materials that will not burn at ordinary incinerator temperatures
(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
The same meaning as rubbish.
Leaves, grass clippings, yard and garden debris, and brush,
including clean woody vegetative material not greater than 6 inches
in diameter, that results from landscaping maintenance and land-clearing
operations. The term does not include stumps, roots, or shrubs with
intact root balls.
(Ordinance 93-10 adopted 12/14/93; Ordinance 2013-01, sec. 1, adopted 5/14/13)
It shall be unlawful for any person, firm, corporation or other
entity who or which is acting for himself, herself or itself individually
or as agent, servant or employee of any other person, firm, corporation
or other entity to leave, throw, place, dump or deposit any refuse,
garbage, rubbish, junk, yard waste, unsanitary matter or weeds on
any street, alley, public park, road, sidewalk or into or upon any
property not his own, or cause the same to be done, provided, however,
that the provisions of this section shall not apply to dumping, depositing,
leaving or placing such materials in receptacles intended for such
use.
(Ordinance 2013-01, sec. 2, adopted 5/14/13)
It shall be unlawful for any person, firm, corporation or other
entity, who or which is acting for himself, herself or itself individually
or as agent, servant or employee of any other person, firm, corporation
or other entity, to sweep or deposit any refuse, garbage, rubbish,
junk, yard waste, unsanitary matter or weeds into any street gutter
or alley or cause the same to be done.
(Ordinance 2013-01, sec. 2, adopted 5/14/13)
It shall be unlawful for the owner or the occupant of any property,
as herein defined, including, but not limited to, behind the curb
on any adjacent street and to the center of any adjacent alley within
the city, to permit on such property the accumulation of refuse, garbage,
rubbish, junk, yard waste, unsanitary matter or weeds.
(Ordinance 2013-01, sec. 2, adopted 5/14/13)
(a)
In those residential areas where the city sanitation department has placed metal containers with compatible hoisting latches (whether same are 3 or 4 yd. containers or 1-1/2 yd. containers), every owner, occupant, tenant or lessee using or occupying any residential building, house or structure within the city, and those individuals outside the city limits presently being served and those who desire future services for residences, shall deposit, or cause to be deposited, all refuse, garbage, junk, trash, and/or other deleterious substances accumulating on such premises (except those items hereinafter listed in subsections (e) and (f) of this section in the metal container with compatible hoisting latches designated by the city sanitation department for the use of the premises occupied by such owner, occupant, tenant or lessee.
(b)
In residential areas where placing of metal containers with compatible hoisting latches is not feasible, and the city has accordingly furnished an 82-gallon roll-away container for such premises, the owner, occupant, tenant or lessee of the premises shall deposit, or cause to be deposited, in such 82-gallon roll-away container all refuse, garbage, junk, trash and/or other deleterious substances accumulating on such premises except those items hereinafter listed in subsections (e) and (f) of this section.
(c)
Any person who deposits any kind of matter in one of the containers
placed in a residential area by the city sanitation department and
fails to close the lid of the container securely shall be deemed guilty
of a misdemeanor. Likewise any person who shall move one of the containers
with compatible hoisting latches from the exact position in which
it is placed by the city sanitation department shall be deemed guilty
of a misdemeanor. The users of the 82-gallon roll-away containers
shall place same at the point and in the position designated by the
city sanitation department on the trash collection days designated
by the city sanitation department for the area in which same is located,
and anyone who fails to do so shall be deemed guilty of a misdemeanor.
(d)
It shall be unlawful for any person, firm or corporation to burn,
or cause to be burned, any garbage, refuse, junk, trash and/or other
deleterious substance which is being placed in, or has been placed
in any of the containers furnished by the city sanitation department;
anyone who does burn or cause to be burned any matter in such containers
shall be deemed guilty of a misdemeanor.
(e)
Any large and/or bulky objects placed in containers furnished by
the city sanitation department shall first be reduced in size so that
same shall not exceed 18 inches in width or depth and 18 inches in
height. Yard waste may be placed in such containers only if none of
the trimmings exceeds 2 feet in length.
(f)
The following items shall not be placed in any containers furnished
by the city sanitation department: dirt, concrete, shingles, rocks,
bricks, lumber or any other extra heavy or bulky objects, as well
as large items such as discarded furniture and appliances. Persons
desiring to dispose of such items shall call the city sanitation department
and place their name on the list for special collection truck service.
(g)
The following items shall not be placed in any containers furnished
by the city sanitation department, nor shall they be taken by any
person for disposal in the city’s sanitary landfill: used oil,
used oil filters, scrap tires, liquid waste, lead-acid batteries,
any item containing freon gas which has not been properly removed,
or any other material which, in the judgment of the public works director,
or by action of the state, or the United States government, is deemed
inappropriate for landfill disposal.
(Ordinance 93-10 adopted 12/14/93)
(a)
Every owner, occupant, tenant or lessee using or occupying any commercial
building, house or structure within the city, and those individuals
outside the city limits presently being served and those who desire
future services for commercial purposes, shall deposit, or cause to
be deposited, all refuse, garbage, junk, trash and/or other deleterious
substances accumulating on such premises in the kind of containers
authorized by the sanitation department for use in the particular
area where such building, house or structure is situated and same
shall be placed in such containers (whether steel containers, plastic
bags or barrels) in such a manner that same may be easily handled
by the employees of the sanitation department; provided, however,
that bundles may be used if such bundles are securely tied so that
they will not break when picked up and are bundled in such a manner
as to be readily accessible for collection, and such bundles shall
not exceed 70 pounds in weight.
(b)
It shall be unlawful for any person, firm, or corporation to burn,
or cause to be burned, any refuse, garbage, junk, trash and/or other
deleterious substance which is being placed in or has been placed
in any steel container.
(Ordinance 93-10 adopted 12/14/93)
No one except the duly authorized agents and employees of the
city shall empty garbage cans or trash receptacles or convey or transport
garbage or trash on the streets, alleys and public thoroughfares of
said city without a written permit granted and issued by the city.
(Ordinance 93-10 adopted 12/14/93)
All garbage or trash that is mixed with water or other liquids
shall be drained before placing same in receptacles.
(Ordinance 93-10 adopted 12/14/93)
The owner or occupant of any premises within the city may dispose
of and haul away garbage or waste material provided the vehicle used
to transport garbage or trash on any street of the city shall be fitted
with substantial sideboards of not less than 36 inches and a tailboard
of not less than 24 inches, so that no portion of such garbage or
other material shall be scattered or thrown into the streets. All
such vehicles shall have sufficient covering so as to prevent escape
or flying about of any contents therefrom.
(Ordinance 93-10 adopted 12/14/93)
It shall be unlawful for any person to use any ground or place
within the city limits or within 5,000 feet thereof for a dumping
ground.
(Ordinance 93-10 adopted 12/14/93)
It shall be unlawful to place dead animals in garbage or trash
containers or in any street or alley. The department of sanitation
of the city, shall, upon notice, remove such dead animals.
(Ordinance 93-10 adopted 12/14/93)
Rocks, waste, scrap building materials or other trash resulting
from construction or major remodeling or from a general cleanup of
vacant or improved property prior to its occupancy or resulting from
cleanup of trees, brush and debris from property in preparation for
construction will not be removed by the city as regular service. The
owner or other person in charge of such premises shall have such materials
removed at his expense.
(Ordinance 93-10 adopted 12/14/93)
(a)
Garbage and trash shall be collected and removed as often as deemed
necessary by the director of public works of the city to protect the
health and welfare of the citizens of the city.
(b)
Fair and reasonable charges to the owner, occupant, tenant or lessee
based on the type of customer shall be as follows:
(1)
Schedule A - Commercial.
(A)
Definition.
Small commercial is herein defined
as commercial customers having one container and two scheduled pickups
per week. Large commercial is herein defined as commercial customers
having multiple containers and four scheduled pickups per week. Small
commercial shared is herein defined as a small commercial customer
sharing a container with one or more other small commercial customers.
(B)
Rates.
(i)
Small commercial shared: $30.40 per commercial entity, with
a scheduled collection frequency of 2 collections per week.
(ii)
Small commercial: $45.60, with a scheduled collection frequency
of 2 collections per week.
(iii)
Large commercial: $30.40 per container, with a scheduled collection
frequency of 4 collections per week.
(iv)
Outside city commercial: $68.39 per container, with a scheduled
collection frequency of 2 collections per week.
(C)
High volume accounts.
High volume account commercial
customer fees may be established by the city manager, at a different
rate.
(D)
Additional collection.
Additional collections
for all commercial shall be charged at the rate of $44.66 per container
per collection.
(2)
Schedule B - Residential.
(A)
Single-family dwelling: $26.44, with a collection frequency of 1
collection per week.
(B)
Multifamily dwellings, apartments and trailer parks, per unit: $26.44,
with a collection frequency of 1 collection per week.
(C)
Outside city residential: $39.61 per container, with a collection
frequency of 1 collection per week.
(D)
Additional collections: Additional collections for all residential
shall be charged at the rate of $44.66 per container per collection.
(3)
Tulia Independent School District: $759.85 per month, with the schedule
of collection to be at the discretion of the city manager.
(4)
Mackenzie Municipal Water Authority: $304.05 per collection, with
the schedule of collection to be at the discretion of the city manager.
(5)
All customers will be charged, in addition to other charges herein
specified, $2.00 per month as a landfill maintenance and equipment
fee.
(6)
All customers not otherwise identified, which will include outside
of city residents who individually, or their agents or employees,
deliver loads to the landfill, commercial contractors who individually,
or their agents or employees, deliver loads to the landfill and all
landlords who individually, or their agents or employees, deliver
loads to the landfill related to repair, demolition or construction
on their rental property, shall pay a charge of $38.66 per ton (prorated
for fractions of a ton), plus $2.00 per load as a landfill maintenance
and equipment fee.
(c)
Premises not specifically enumerated in the above schedules and those
listed in the above schedules which are found by the director of public
works not to be fair and equitable will be classified and placed in
light, medium, or heavy service categories as determined by the director
of public works. The director shall determine the charge for any such
service in a particular category.
(Ordinance 99-07 adopted 10/19/99; Ordinance 2015-09 adopted 9/15/15; Ordinance 2017-06 adopted 9/12/2017; Ordinance 2018-05 adopted 9/18/2018; Ordinance 2019-07 adopted 9/10/2019; Ordinance 2020-03 adopted 9/8/2020; Ordinance 2021-07 adopted 9/14/2021; Ordinance 2022-05 adopted 9/13/2022)
To avoid duplication of billing and as a convenience to the
public, all persons, firms, or corporations, public or private, shall
be billed on the same billing with their water and/or electric bills,
and collection shall be made in the same manner as such bills.
(Ordinance 93-10 adopted 12/14/93)
It shall be unlawful for any person to remove any matter that
has been placed into a metal container, roll-away container or dumpster
owned by the city and that is used for collection by the city of garbage,
rubbish, trash and any other permitted matter.
(Ordinance 2013-03 adopted 7/10/13)
