For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Cart.
A plastic, portable garbage container, provided by the city for individual residential use. Carts may be of various sizes, ranging from 65-gallon to 95-gallon size. Carts are supplied by the city for use by residents in areas not served by dumpsters. Carts are and will remain the property of the city.
Garbage.
All animal and vegetable matter, such as waste material and refuse from kitchens, residences, grocery stores, butcher shops, cafes, restaurants, drugstores, hotels, and rooming, boarding, and apartment houses, and other deleterious substances, not to include dirt, concrete, tile, plaster, rocks, and other such substances.
Trash.
Rubbish, such as feathers, coffee grounds, ashes, tin cans, paper bags, boxes, glass, newspapers, magazines, and other such paper products, grass, shrubs, flowers, yard cleanings, grass clippings, leaves, and tree trimmings, not to include dirt, concrete, tile, plaster, rocks, and other such substances, and including handbills except when such handbills are distributed in a manner prescribed by the city commission and with written permission from the city manager certifying conformity with the outlined requirements of the commission.
(1966 Code, sec. 11-1; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.01)
Violation of any of the provisions of this article shall constitute a misdemeanor punishable by a fine not to exceed the provisions allowed in section 1.01.009. Each day the violation shall continue shall constitute a separate offense.
(1999 Code, sec. 50.99)
All containers for the collection of garbage shall be supplied by the city. In areas with alleys or other suitable locations, those shall be dumpsters. In areas not served by alleys, those containers shall be “carts” as defined in section 12.02.001. All “carts” shall be provided by the city, and shall remain the property of the city.
(1966 Code, sec. 11-2; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.02)
In areas served by carts, each residence shall be responsible for maintaining the cart in a usable condition. In the event that a cart is damaged or destroyed by abuse, the user shall be responsible for the cost of replacement of the container. Replacement of such container shall be by the city. The resident (user) shall be billed for replacement of the container. “Abuse” shall be defined as placing excessive weight into the container, damage to the container from hot ashes, damage to the container from solvents or paints, damage to the container resulting from vehicles, or any other intentional or unintentional activity resulting in damage to the container such that it is no longer functional as it was originally intended.
(1966 Code, sec. 11-3; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.03)
The lids or covers of all garbage and trash containers shall at all times be kept secure and fastened so that flies and other insects, rodents, and other animals may not have access to the contents thereof. Such lids or covers shall only be removed while the containers are being filled or emptied, as the case may be. In areas served by carts, the cart lids shall be closed at all times, except as previously described. Lids shall be closed when carts are moved to the street for collection.
(1966 Code, sec. 11-4; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.05)
(a) 
If the house, building, or premises from which the garbage and trash is to be collected and removed is adjacent to an alley, the city will provide containers in the alley for disposal. In the event it is not practicable to collect and remove the garbage and trash from an alley, the city-supplied container(s) will be placed near the property within the public right-of-way or at other designated locations as determined by the city manager or director of public works. The owner, occupant, or lessee of such property will be required to dispose of their garbage and trash in those city-supplied containers.
(1) 
If there is no alley adjacent to the premises, and the placement of city-supplied dumpsters is not practicable, the city shall provide carts to residents. These city-supplied carts shall be the only acceptable container for use. On designated collection days, the carts shall be placed at the edge of the street, with the wheels next to the curb. The carts shall be placed not less than 25 feet on each side of the cart from any obstruction such as a car or a mailbox. If the containers are not properly placed, or if there are obstructions within the 50 feet required clear area, then the cart will not be emptied. Under no circumstances shall the collector be required to exit his collection vehicle to move a cart in order to empty it.
(2) 
In the event it is not practical to place containers for collection as above specified, the city manager or director of public works shall determine the location of the containers.
(b) 
Carts shall be stored away from the street, and shall not be stored any closer to the street than the front line of the building, house, dwelling unit, or structure concerned.
(c) 
In the event it is not practical to place containers for collection as above specified, the director of public works or the city manager shall determine the location of the containers.
(d) 
Residents in areas served by carts shall place such cart next to the curb, in the street, for collection. Carts shall be moved to the collection point by 8:00 a.m. on the day of collection. Under no circumstances shall carts be placed at the collection point earlier than 5:00 p.m. on the day prior to collection. After collection, carts shall be moved back to their storage area as soon as possible. Under no circumstances shall carts be left at the collection point later than 8:00 a.m. on the day following collection.
(1966 Code, sec. 11-5; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.06)
Every owner, occupant, tenant, or lessee of a house or building used for residential, public, business, or commercial purposes is required to maintain constant supervision and surveillance over the garbage and trash cans and receptacles servicing his premises. If the dumpsters or carts are not emptied and the contents removed by an agent or representative of the city or other duly authorized person for a period of eight days, he must notify the city manager of this fact within three days.
(1999 Code, sec. 50.07)
Residents using carts shall be required to place all trash into plastic bags. All garbage and trash that is mixed with water or other liquids shall be thoroughly drained before being put into dumpsters and carts for collection. All animal matter that is subject to decomposition shall be sealed in individual plastic bags before being deposited into such dumpster and cart.
(1966 Code, sec. 11-14; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.08)
(a) 
In the event trash is of such a nature that it cannot be put in the regulation containers, it shall be placed in disposable containers or in neat and orderly piles, and placed adjacent to the alley or on the edge of the alley, in order that it may be removed conveniently. Residents in areas without alleys shall place such trash near the edge of the street. Tree limbs and hedge clippings shall not exceed 10 feet in length, and no single tree limb, stump, or cutting shall exceed 100 pounds.
(b) 
Trash collected under this section shall not exceed two cubic yards by volume or a single truckload, whichever is the greater, on any one collection day; provided, however, that it shall be unlawful for any person to place trash in an alley or street so as to obstruct or hamper vehicular or pedestrian traffic.
(c) 
In the event trash is of such a nature for commercial customers that it cannot be put in the regulation containers, the commercial customer shall be responsible for the removal of such trash at their own expense.
(1966 Code, sec. 11-6; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.09)
(a) 
Every owner, occupant, tenant, or lessee using or occupying any building, house, or structure within the corporate limits of the city as a residence, church, school, college, university, lodge, or for any other commercial, industrial, business, or other purpose, which is served for trash and garbage collection service by a dumpster provided by the city, or any other city supplied [container,] shall be required to use the container for such purpose; provided, however, that such persons served by a dumpster furnished by the city may use additional containers if a need for such containers is shown.
(b) 
Every owner, occupant, tenant, or lessee using or occupying any building, house, or structure within the corporate limits of the city as a residence, church, school, college, university, lodge, or for any other commercial, business, or other purpose which is served for trash and garbage collection service by a city supplied container/dumpster provided by the city shall be required to first reduce the size of any bulky object before placing it in the metal container for disposal. Bulky objects shall include, but not be limited to, cardboard boxes, paper containers, wooden boxes and crates, and other such objects larger than 18 inches in width or depth and 18 inches in height.
(1966 Code, sec. 11-7; Ordinance 285 adopted 11/23/64; Ordinance 304 adopted 11/7/66; Ordinance 457 adopted 8/21/78; 1999 Code, sec. 50.10)
(a) 
Areas served by dumpsters.
The collection, removal, and disposal of all garbage and trash shall be made at least twice each week from houses, buildings, and premises used for residential purposes and certain types of places of business as weather conditions and other uncontrollable factors will permit. The collection, removal, and disposal of all garbage and trash shall be made daily, Monday through Friday, from other types of business as weather conditions and other uncontrollable factors will permit. Such collection, removal, and disposal of garbage and trash shall be carried on in a systematic and efficient manner, keeping the city in a clean and sanitary condition.
(b) 
Areas served by carts.
The collection, removal, and disposal of all garbage and trash shall be made at least once each week from residences serviced by carts. This collection day shall be a specified weekday as determined by the city manager or the director of public works. The specified day will remain consistent under normal circumstances. If weather or other uncontrollable factors dictate, that day may be changed temporarily for any single collection event. Such collection, removal, and disposal of garbage and trash shall be carried on in a systematic and efficient manner, keeping the city in a clean and sanitary condition.
(1966 Code, sec. 11-8; Ordinance 285 adopted 11/23/64; Ordinance 729 adopted 12/13/99; 1999 Code, sec. 50.11)
It shall be unlawful for any person to sweep, haul, throw, or deposit any garbage, handbills, trash, dirt, concrete, rocks, brick, plaster, tile, stagnant water, or dead animal into, upon, or along any drain, gutter, alley, sidewalk, parkway, street, or vacant lot, or upon any public or private premises within the corporate limits of the city.
(1966 Code, sec. 11-9; Ordinance 285 adopted 11/23/64; 1999 Code, sec. 50.12)
Dogs, cats, or any other dead animals shall not be placed in garbage or trash containers. The dead animal pickup service of the city will, upon notice to do so, remove such small dead animals.
(1966 Code, sec. 11-10; Ordinance 285 adopted 11/23/64; 1999 Code, sec. 50.13)
(a) 
Rock, dirt, concrete, brick, tile, plaster, construction waste, scrap, or other trash and debris resulting from construction or remodeling or resulting from a general cleanup of vacant or improved property, including trees, brush, solid waste and other debris cleared from property in preparation for construction, shall not be removed by the city as regular service. It is the obligation of the property owner to have such debris removed at the property owner’s expense.
(b) 
Any paid contractor engaging in construction or remodeling or providing services for cleanup of vacant or improved property or clearing property in preparation for construction shall be responsible for removing all materials described in subsection (a) above and shall not leave or deposit such materials on any property owned by the city or upon any public right-of-way or thoroughfare.
(c) 
Violation of the foregoing provisions set forth in subsections (a) and (b) above by either the property owner or any paid contractor shall be considered a violation of this code and any person found guilty of such violation shall, upon conviction, be assessed a fine in accordance with the general penalty provided in section 1.01.009 of this code for each such offense. Each day or portion thereof that any construction materials, trash or debris described in subsection (a) or (b) above remains on city-owned property or a public right-of-way or thoroughfare shall be deemed a separate offense.
(d) 
The director of public works, the director of code enforcement, or any city police officer may issue a notice of violation and summons directing any person or persons violating this section to appear before the municipal court and answer such complaint within the time prescribed by law for class C misdemeanor cases generally. Provided, that any arrest warrant based upon failure to appear and answer must be served by a commissioned peace officer.
(1966 Code, sec. 11-11; Ordinance 285 adopted 11/23/64; Ordinance 731 adopted 4/17/00; 1999 Code, sec. 50.14; Ordinance adopting 2023 Code)
(a) 
It shall be the duty of any person employing, engaging, or otherwise paying a contractor, student, professional tree trimmer, or any other person to trim and prune trees or shrubs, mow yards or cut grass and weeds to have the trimmings, debris or other yard waste removed at the owner’s expense. The city will not remove trimmings, debris or yard waste created by such persons as a regular service.
(b) 
Any paid contractor employed by a property owner to provide services as a professional tree trimmer or to provide yard maintenance services shall have the trimmings, yard waste or debris removed at the contractor’s expense and shall not leave or deposit such materials on any property owned by the city or upon any public right-of-way or thoroughfare.
(c) 
Violation of the foregoing provisions set forth in subsections (a) and (b) above by either the property owner or any paid contractor shall be considered a violation of this code and any person found guilty of such violation shall, upon conviction, be assessed a fine in accordance with the general penalty provided in section 1.01.009 of this code for each such offense. Each day or portion thereof that any trimmings, waste or debris described in subsection (a) or (b) above remains on city-owned property or public rights-of-way or thoroughfares shall be deemed a separate offense.
(d) 
The director of public works, the director of code enforcement, or any city police officer may issue a notice of violation and summons directing any person or persons violating this section to appear before the municipal court and answer such complaint within the time prescribed by law for class C misdemeanor cases generally. Provided, that any arrest warrant based upon failure to appear and answer must be served by a commissioned peace offer.
(1966 Code, sec. 11-12; Ordinance 285 adopted 11/23/64; Ordinance 731 adopted 4/17/00; 1999 Code, sec. 50.15; Ordinance adopting 2023 Code)
In addition to the usual enforcement agencies of the city, it is hereby the duty of the city health officer or his authorized representatives to make inspection trips at regular intervals to determine whether or not garbage and trash is being properly collected, removed, and disposed of as required by the provisions of this article or any other applicable 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.
(1966 Code, sec. 11-15; Ordinance 285 adopted 11/23/64; 1999 Code, sec. 50.17)
(a) 
Authorized collectors.
Only duly authorized agents and/or employees of the city shall remove garbage, trash, or rubbish from residential, public, and commercial establishments except as in this article otherwise provided.
(b) 
Rates and charges.
The rates or charges for garbage and trash disposal services furnished by the city shall be as set forth in the fee schedule in appendix A of this code.
(c) 
Use of containers by nonresidents.
It shall be unlawful for any person not a resident of the city to deposit in any refuse container located within the city any garbage, trash, rubbish, ashes, or miscellaneous waste.
(1966 Code, sec. 11-16; Ordinance 457 adopted 8/21/78; Ordinance 502 adopted 7/30/81; Ordinance 586 adopted 9/17/87; Ordinance 605 adopted 9/1/88; Ordinance 615 adopted 9/7/89; Ordinance 626 adopted 8/30/90; Ordinance 637 adopted 9/5/91; Ordinance 646 adopted 9/8/92; Ordinance 653 adopted 9/16/93; Ordinance 680 adopted 9/7/95; Ordinance 698 adopted 9/11/97; Ordinance 708 adopted 8/31/98; Ordinance 721 adopted 8/30/99; Ordinance 729 adopted 12/13/99; Ordinance 747 adopted 9/10/01; Ordinance 778 adopted 8/18/03; Ordinance 801 adopted 8/30/04; Ordinance 896 adopted 9/14/09; Ordinance 945 adopted 9/12/11; Ordinance 1013 adopted 9/8/14; Ordinance 1041 adopted 9/12/16; Ordinance 1069 adopted 9/11/17; Ordinance 1096 adopted 9/10/18; 1999 Code, sec. 50.18; Ordinance adopting 2023 Code)
Solid waste disposal services are contracted by the city. Solid waste disposal shall be regulated in accordance with the state commission on environmental quality (TCEQ), the Environmental Protection Agency (EPA) and guidelines and policies adopted by the landfill operator.
(1999 Code, sec. 50.25)