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Editor's note—Ord. No. 1410, § 1, adopted Dec. 11, 2007, amended the former Art. II, §§ 82-29—82-40 and enacted provisions as set out herein. The former Art. II §§ 82-29—82-40 pertained to similar subject matter and derived from Ord. No. 949, §§ 1(H), 4(B—G), 4(I), 6(B), 7, 9, adopted Aug. 10, 1993; Ord. No. 950, §§ 4, app. A, 8, adopted Aug. 10, 1993; Ord. No. 969, § 1, adopted Feb. 22, 1994; Ord. No. 998, § 1, adopted May 23, 1995; Ord. No. 1003, §§ 2, 3, adopted Aug. 8, 1995; Ord. No. 1020, § 1, adopted Feb. 13, 1996; Ord. No. 1032, §§ 1, 3, adopted Apr. 30, 1996; Ord. No. 1296, §§ 1, 2, adopted Apr. 27, 2004; Ord. No. 1298, §§ 2, 3, 5, adopted June 8, 2004; Ord. No. 1311, § 1, adopted Dec. 14, 2004; Ord. No. 1343, § 2, adopted Jan. 10, 2006; Ord. No. 1346, § 1, adopted Mar. 14, 2006.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means the name and address to which the utility bill is sent, often referred to as the "account owner." An account may include the amount billed for one or more collection points.
means plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 pounds.
means waste in any amount is defined characterized or designated as biohazard medical waste by the occupational safety and health administration or appropriate state or federal agency.
means material that cannot be properly placed in a 30-gallon trash bag, or bags placed in a 33-gallon trash can or container of equivalent size, i.e., crates, pallets, lumber, tires, furniture, car or truck parts, appliances, mattresses or other large and bulky items.
means stoves, refrigerators and air conditioning units which are de-energized of chlorofluorocarbons (CFCs); 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 containers.
means refuse resulting from the operation of an office, store, business or other commercial enterprise that can be placed in a 30-gallon trash bag, or bags placed in a 30-gallon trash can or containers of equivalent size.
means tree, shrub and brush trimmings or newspaper and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 pounds in weight.
means City of Rockport, Texas.
means the point or location where trash is placed for the purpose of scheduled pickup, or the site where one or more dumpsters are located adjacent to each other. Note: One or more dumpsters paid through one bill that are located on the same piece of property but that are not adjacent may be defined as a collection point by mutual agreement of the city's agent and the customer.
means all garbage and rubbish generated by a producer at a commercial industrial unit.
means a commercial establishment within the corporate limits of the city occupied by a person or persons who are engaged in the business of selling, or offering for sale, any goods or services. A commercial unit shall be deemed occupied when either water, sewer or electricity services are being supplied thereto.
means material that can be sold in a spot or future market for processing and use or reuse. Each commodity shall retain its own identity and be kept separate.
means a buyer or processor, selected by the contractor.
means waste building materials resulting form construction, remodeling, repair or demolition operations at a residential unit or municipal facility.
means a receptacle designed for the purpose of curbside collection recyclable material. The receptacle shall be one made of plastic that has been accepted by other cities with experience in curbside recycling.
means the dumping of a trash dumpster that has been provided by the city or its agent.
means the person, corporation or partnership performing collection under contract with the city.
means the account owner, i.e., the person, party, association or corporation responsible for the utility account.
means animals or portions thereof equal to or greater than ten pounds in weight that have expired from any cause, except those slaughtered or killed for human use or consumption.
means a refuse depository 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 refuse and dead animals for processing for final disposal.
means the method of refuse collection whereby 30-gallon trash bags, the bags placed in 30-gallon trash cans or containers of equivalent size are picked up and thrown into the city's or its agent's refuse disposal vehicle.
means refuse resulting from the occupancy of living quarters that requires routine disposal and that can be disposed of through placement in a 30-gallon trash bag, or bags put in 30-gallon trash cans, or containers of equivalent size. Excluded from the definition of household trash are items such as: crates, pallets, lumber, tires, furniture, natural debris, car or truck parts, appliances, mattresses or other large and bulky items that cannot fit into a 30-gallon trash bag, or bags placed in can and are not disposed of on a regular basis by a household.
means an and all dead animals of less than ten pounds weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or or other matter) that results from the preparation, processing, consumption, dealing in, handling, packaging, 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 animal or vegetable waste matter which is likely to attract flies or rodents): except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter.
means 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. For purposes of refuge contract, the term hazardous waste shall also include motor oil, gasoline, paint and paint cans.
means refuse resulting from the storage, processing, preparation and serving of food.
means material used in the care of medical or dental patients and the medical or dental care of rest home or nursing home occupants.
means grass clippings or cuttings, lawn or garden weeds, tree or bush prunings, leaves and other organic refuse generated through the maintenance of lawns and gardens that can be placed in a 30-gallon trash bag, or bags placed in a 30-gallon trash can or containers of equivalent size or is tied into bundles not exceeding four feet in length.
means any business, house, office, theater, hotel, restaurant, cafe, tourist court, trailer or mobile home park, apartment or apartment complex, condominium or condominium complex, school, motel, travel trailer park, hospital, medical or dental office, nursing center, rest home, private or public mall, vacant lot, private residence, or other place within the city limits where refuse of any kind accumulates or may accumulate.
means an occupant of a residential or commercial unit who generates refuse.
means to reclaim waste materials such as glass, plastic, cans, etc., by using in the manufacture of new products.
materials means those commodities which are collected by contractor pursuant to the contract documents such as newsprint, aluminum, and metal cans, plastics, or any other commodity set forth in contract documents and specifications for solid waste collection and disposal.
means the term shall refer to residential and commercial refuse and bulk waste, commercial debris and stable matter generated at a residential or community unit unless context otherwise requires.
means all garbage and rubbish generated by a producer at a residential unit.
means a dwelling within the corporate limits of the city occupied by a person or group of persons comprising not more than four families. A residential unit shall be deemed occupied when either water, sewer 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.
means all waste wood, wood products, tree trimmings, 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 sweeping, 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.
means all manure and other matter normally accumulated in or about a stable, or any animals, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
(Ordinance 949, § 2, 8-10-93; Ordinance 1410, § 1, 12-11-07)
(a)
It shall be the duty of every person, firm, corporation, owner, manager, tenant, lessee, lessor or occupant to ensure that the premises in which they have an interest, occupy, manage or represent are kept free of all forms of refuse, garbage, trash and debris by utilizing the legal methods and procedures for the disposal of waste and refuse as outlined in this article and the appropriate state and federal statutes pertaining to environmental protection, health and sanitation.
(b)
The city shall provide a means for the disposal of kitchen garbage, household trash, business trash and natural debris subject to the limitations and conditions stipulated in this article, charge a fee for the provision of this service, require the appropriate disposal of other forms of refuse, and ensure compliance with this article through application of the enforcement provisions and penalties of this article.
(Ordinance 949, § 3, 8-10-93)
(a)
Except as allowed by subsection (b) below, every account in the city will be provided with and billed for garbage service whether it is used or not.
(2)
The regular types of service provided will be as follows:
a.
Single-family residence, duplex, triplex: Hand pickup. The bill is to be sent to the name appearing on the utility bill.
b.
Owner occupied business sites, freestanding business locations or co-located businesses not having the same manager or owner: Option of hand pickup (commercial schedule) or dumpster service subject to the restrictions outlined below. The bill is to be sent to the name appearing on the utility bill.
c.
Three or more co-located businesses (i.e., strip shopping center, malls, office park, etc.) having a common manager, owner or landlord: Dumpster service. The bill is to be sent to the property manager (account owner).
d.
Quadraplex; apartment buildings; condominiums; all establishments processing, preparing, selling or serving food; all hotels, motels, travel trailer parks, RV parks, bed and breakfast establishments having four or more rooms (spaces) for rent: Dumpster service. The bill is to be sent to the account owner.
e.
Compactor container service shall be made available to those listed above in b, c and d, provided that such are equipped with a compactor type system acceptable to the city. The bill for compactor container service shall be mailed directly to customer by the city's authorized agent.
(Ordinance 949, § 4(A), 8-10-93; Ordinance 1003, § 1, 8-8-95; Ordinance 1020, § 1, 2-13-96; Ordinance 1298, § 1, 6-8-04; Ordinance 1410, § 1, 12-11-07)
(a)
Contractor shall provide curbside collection service for the collection of residential refuse and hand collected commercial refuse to each such residential and commercial unit two time(s) per week. With a maximum of six 30-gallon containers or 30-gallon trash bags per collection. Containers and bags shall be placed at curbside by 7:00 a.m. on the designated collection day.
(b)
Contractor shall provide curbside collection service for the collection of recyclable material from each residential unit one time each week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day.
(c)
Contractor shall not provide for the collection from residential or hand collected commercial units construction debris, noncontainerized rubbish and stable matter.
(d)
Hand collected commercial units shall be entitled to the same services (without recycling or brush collection) as a residential unit. Collection shall be twice a week but shall not exceed six 30-gallon containers per pickup. Businesses that exceed the six can limit will be required to contract for a dumpster and choose a size and pickup schedule.
(e)
Each dumpster bin shall be placed in an accessible outside location on a hard surface on the private property of the customer according to individual agreement. Such locations must not interfere with or endanger the movement of vehicles, pedestrians, or obstruct alleys. Contractor may decline to collect refuse in bins not so placed.
(Ordinance 1410, § 1, 12-11-07)
Each container, bag or bundle shall be placed at curbside for collection: curbside refers to that portion of right-of-way adjacent to paved or traveled city roadways. Containers, bags and bundles shall be placed as close to the roadway as possible without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, containers, bags and bundles shall be placed as close as possible to an access point for the collection vehicle. Contractor may decline to collect any container, bag or bundle not so placed. EXCEPT those containers located at the dwelling of a handicapped or disabled person (in those instances a suitable location agreed upon by the person and contractor shall be used).
(Ordinance 1410, § 1, 12-11-07)
Collection of residential refuse and hand collected commercial refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the city and contractor or when contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. Collection of commercial refuse in bins shall take place according to individual agreement between contract and commercial customer.
(Ordinance 1410, § 1, 12-11-07)
The following limitations and restrictions apply to the service to be provided by the city or its authorized agent.
(1)
Under no circumstances shall the city or its authorized agent be required to pick up natural debris that is not containerized or bundled, medical debris, bulk waste or refuse not properly placed in bags or bags placed in cans or dumpsters as part of the base fee.
(2)
The city or its authorized agent will not be required to collect those commodities which are mixed with garbage, trash and rubbish normally collected by sanitation crews. The authorized agent will tag the container as being unacceptable for collection.
(3)
Holidays.
No collection will be provided on: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor may decide to observe any or all of the aforementioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves contractor of its obligation to provide collection service at residential units and hand collected commercial units at least one time per week.
(4)
Severe weather conditions.
The city's authorized agent shall provide all supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with contract. The work under said contract does not include the collection of any increased volume resulting for a flood, hurricane, or similar or different act of God over which the authorized agent has no control. In case of a storm, flood, hurricane or other disaster or other acts of God, the city shall grant its authorized agent reasonable variances from regular schedules and routes.
(5)
Disposal of medical debris.
The city shall not be responsible for the removal of medical debris; however, those customers having medical debris may contract with the city's authorized agent for its removal.
(Ordinance 1410, § 1, 12-11-07)
(a)
Garbage cans must be kept in a sanitary condition at all times, have a tightly fitting lid and two handles on the can. Garbage bags are to be tied or sealed so as to prevent the scattering of the contents when placed at the collection point.
(b)
Residential hand pickup customers are to place the refuse for pickup at a curbside for collection.
(c)
Commercial hand pickup customers are to ensure that the refuse is placed at a collection point that is acceptable to the city's authorized agent, but shall be kept as far away as practical from residential property.
(Ordinance 1410, § 1, 12-11-07)
(a)
Dumpster customers are to ensure that the dumpster is placed in an outside location on a hard surface according to individual agreement, but shall be kept as far away as practical from residential property. All dumpsters located within 100 feet of a residential neighborhood shall not be picked up before 7:00 a.m. Pickups may be declined if bins are not so placed.
(b)
The number of dumpsters and any changes in the number of pickups per week are to be arranged by the customer with the city's authorized agent. Resolution of any conflict in this manner shall be made by the city manager or his designee. In all cases the determination of the city staff shall be final.
(c)
Dumpster customers are required to arrange for enough dumpsters and/or pickups so as to comply with the sanitation requirements and the cleanliness standard.
(d)
A collection point for dumpsters is a place where one or more dumpsters are located adjacent to each other. The total bill appearing on an account will be determined by computing the number of dumpsters and pickups.
(e)
Mattresses are not acceptable in dumpsters.
(Ordinance 1410, § 1, 12-11-07)
Customers desiring to have an additional pickup are to contact the city's authorized agent directly. The agent and the customer shall agree on the scheduling and fee for the special pickup; the agent shall bill the customer directly for this service. Bulk waste, refuse above the standard residential or commercial limits or natural debris that is neither containerized or bundled or other refuse not included in the standard pickup shall be determined by the city's authorized agent, and agreed to by the customer, prior to the pickup.
(Ordinance 1410, § 1, 12-11-07)
Any refuse customer not already having a deposit on record with the city shall be required to establish a deposit in the amount equal to the bill for two months based upon the level and type of service provided.
(Ordinance 1410, § 1, 12-11-07)
Except as provided in this section, the billing for refuse service shall coincide with the billing for other utility services provided by the city. Refuse service shall be billed jointly with utility services and shall be due and payable, by the 15th day of each month for service rendered for previous month and shall be considered to be delinquent after the 25th of the month; such accounts shall be paid at the city hall. The city's authorized agent shall bill each customer directly for compactor container service as the parties may agree, in accordance with the fee schedule as determined by the city.
(Ordinance 1410, § 1, 12-11-07)
(a)
If any person shall be considered delinquent in payment of charges for refuse collection, the city shall have the right to take the following action:
(c)
When water and/or wastewater service is so disconnected as herein provided, the code enforcement officer shall be notified immediately, so as to ensure the appropriate action on behalf of the city in accordance with the requirements to maintain public health, sanitation and safety. The city shall charge and before any reconnection of service is made, or service resumed, collect a reconnection fee, in addition to all sums in arrears. The reconnect fee is $20.00 if made during regular business hours and $30.00 if made after regular working hours.
(Ordinance 1410, § 1, 12-11-07)
(a)
Monthly fees:
The monthly fees charged for refuse collection shall be as follows:
(1)
Residential 96-gallon cart rate: $27.24.
(2)
Additional 96-gallon residential cart rate: $23.45.
(3)
Residential 65-gallon cart rate: $26.61.
(4)
Commercial 96-gallon cart rate: $42.92.
(5)
Commercial container customers, each additional container price and extra pickup charges:
Commercial Container Customers | ||||||
|---|---|---|---|---|---|---|
Container Size | 1X Week | 2X Week | 3X Week | 4X Week | 5X Week | 6X Week |
2 cu. yd. | $114.95 | $225.57 | $285.15 | $349.03 | $444.49 | $511.19 |
3 cu. yd. | $137.83 | $273.45 | $345.78 | $415.06 | $484.78 | $578.28 |
4 cu. yd. | $162.24 | $306.70 | $436.24 | $602.85 | $743.57 | $917.96 |
6 cu. yd. | $191.20 | $367.63 | $545.07 | $716.50 | $914.20 | $1,042.38 |
8 cu. yd. | $241.71 | $471.39 | $655.90 | $801.84 | $1,043.54 | $1,250.32 |
Each Additional Container | ||||||
|---|---|---|---|---|---|---|
Container Size | 1X Week | 2X Week | 3X Week | 4X Week | 5X Week | 6X Week |
2 cu. yd. | $88.50 | $148.60 | $198.32 | $259.56 | $331.89 | $382.88 |
3 cu. yd. | $99.21 | $186.03 | $232.69 | $293.86 | $366.27 | $438.08 |
4 cu. yd. | $118.02 | $225.66 | $333.68 | $454.17 | $559.98 | $693.95 |
6 cu. yd. | $141.37 | $287.56 | $401.34 | $545.51 | $696.92 | $819.83 |
8 cu. yd. | $180.62 | $336.72 | $493.59 | $616.80 | $801.66 | $961.64 |
(Ordinance 1410, § 1, 12-11-07; Ordinance 1521, § 1, 10-26-10; Ordinance 1583, § 1, 9-11-12; Ordinance 1611, § 1, 8-27-13; Ordinance 1634, §§ 1–2, 8-26-14; Ordinance 1654, § 1, 8-25-15; Ordinance 1730, § 1, 8-28-18; Ordinance 1762 § 1, 8-27-19; Ordinance 1810, § 1, 9-22-20; Ordinance 1851, § 1, 8-10-21; Ordinance 1885, 8-23-22; Ordinance 1906 adopted 8/30/2023; Ordinance 1941 adopted 8/27/2024; Ordinance 1982 adopted 8/26/2025)
Collection routes shall be established by the contractor. Collection routes shall be modeled as closely as possible to existing routes to minimize customer confusion. Contractor shall submit a map designating the collection routes to the city for their approval.
(Ordinance 1410, § 1, 12-11-07)
If the city determines that due to the unusual nature of an account or collection point the provisions of this article cannot be fairly and properly applied, then the authorized agent, the staff and the customer shall negotiate a reasonable service delivery schedule and schedule of fees. Under no circumstances shall the city or the authorized agent be expected to underwrite or subsidize the service to be provided.
(Ordinance 949, § 10, 8-10-93)
(a)
It shall be the duty of the code enforcement officer to ensure compliance with this article and to file the necessary complaints in municipal court to prosecute violations of this article.
(b)
It shall be the duty of the health officer to make inspections in accordance with the health and sanitation codes of the city and of the state and to inform the code enforcement officer of violations and any special (required) remedial actions.
(Ordinance 949, § 8(A), 8-10-93)
(a)
It shall be illegal for any person or party to dump any form of refuse on any premises inside the city limits other than as stipulated in this article.
(b)
It shall be illegal for any person or party to permit their premises to be used as a dump site.
(c)
It shall be illegal for any person or party to place refuse in the trash can or dumpster of another party without first obtaining their consent. (This shall not be construed as making it illegal for two or more parties to agree to share a dumpster. The customer shall be the party receiving the bill; the other parties will have to be identified.)
(d)
It shall be illegal for any person or party to accept refuse from off of the premises for the purpose of disposing of it under the services and fees established by the city.
(e)
It shall be illegal to dump anything other than natural debris in the community compost pile.
(f)
It shall be illegal to mix medical debris with other forms of refuse.
(Ordinance 949, § 8(B), 8-10-93)
Each day of violation and each illegal act may be separately punishable as a class C misdemeanor, having a maximum fine as provided in section 1-7(a), in the municipal court of the city. Complaints may be brought by the code enforcement staff of the city or the owners, managers or occupants of premises where a violation has occurred.
(Ordinance 949, §§ 6(A), 8, 8-10-93)