Loading...
Ordinance 1972-03 ORDINANCE NO. 7 Z - 3 AN ORDINANCE PRESCRIBING GARBAGE COLLECTION AND DISPOSAL RATES IN AND FOR THE CITY OF WYLIE, TEXAS; DISTINGUISHING BETWEEN THE DIFFERENT TYPES OF SERVICE RATES TO BE MADE FOR RESIDENTIAL AND COMMERCIAL ESTAB- LISHMENTS; REGULATING GARBAGE DISPOSAL BY COMMERCIAL AND NON-COMMERCIAL USERS OF THE CITY LANDFILL; PROVIDING FOR A PENALTY; DECLARING AN EMERGENCY; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1. DEFINITIONS. As used in this Ordinance, the following words shall have these mean- ings ascribed to them: (a) Premises shall be taken to mean business house, boarding house, office, theater, hotel, motel, restaurant, cafe, eating house, tourist court, trailer court, apartment, sanitarium, rest home, rooming house, school, private resi- dence, including mobile homes, vacant lot, and other places or property within the City limits of the City of Wylie, Texas, where refuse, either garbage, trash or rubbish accumulates. (b) Refuse shall mean all solid waste, including garbage, trash, and rubbish. (c) Garbage shall mean all putrescible wastes, except sewage and body wastes, including all meats, vegetable and fruit refuse, and carcasses of small dead animals and dead fowl from any premises within the city limits. (d) Trash or rubbish shall be held to mean any matter such as paper, cardboard, rags, wooden boxes, leaves, flowers, trimmings, lawn cuttings free from dirt and debris, tree limbs (cut into 3 foot lengths), bottles, broken glass and ceramics, tin cans and other similar matter not tending to rapid decay or putrefaction. (2 ) (e) Debris shall be held to mean matter such as rocks, stones, dirt, and other similar noncombustible matter. (f) Sanitarian shall mean the City Sanitarian of the City of Wylie, Texas or his authorized agent. SECTION 2. CONTAINERS REQUIRED. It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises or any place where garbage or trash accumulates, to provide, and at all times to maintain in good order and repair on any said premises, a portable container or containers for refuse, which shall be made of galvanized metal or quality plastic, water-tight rodent and fly- proof with a tight-fitting lid which shall remain on except when depositing or removing the contents of the receptacle, and with handles on the sides, and of suffi- cient capacity, and in sufficient numbers to accommodate and securely keep all the garbage and/or trash that may accumulate between collections; provided, that each such container shall have a capacity of not more than thirty- two (32) gallons. All containers shall be kept clean and free from accumulations of any substance remaining attached to inside of containers which would attract or breed flies, mosquitoes or any other insects. SECTION 3. PLACING GARBAGE AND RUBBISH IN RECEPTACLES. It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises to place the daily accumulations of garbage and rubbish in the container or containers required herein, and it shall be the duty of every person placing garbage in any such container to eliminate as far as possible all water or other liquids from such garbage by securely wrapping garbage in paper before (3) , . placing same in such container if necessary. SECTION 4. MATERIALS NOT SUITED TO PLACEMENT IN CONTAINERS. All ordinary accumulations of rubbish such as tree limbs and scrap lumber which cannot be conveniently placed in the containers required under this ordinance shall be cut into lengths not to exceed three (3) feet, baled, tied, or sacked in compact bundles and placed in a location easily accessible to the collector. SECTION 5. PLACING CONTAINERS FOR COLLECTION AND REMOVING AFTER COLLECTION. (a) Pick-up time and Placement of Containers. Any person in possession or control of premises, desiring to place garbage or trash for collection by the City shall place container containing same adjacent to or near the curb in the front of or on the side of his property, along designated garbage routes as fixed by the City, not later than seven o'clock A. M. for residential and six o'clock A. M. for commercial. (b) Removal of Containers after Pick-up. After the containers have been emptied by the garbage collectors, the owners of the container shall remove same from the street not later than eight o'clock P. M. of the same day and store such container on his property, but not in a front yard or a side yard adjacent to a public street. (c) Containers on Street Prohibited at Other Times. It shall be unlawful for any person to leave any garbage containers within a public street on any day other than a designated collection day. (4 ) SECTION 6. COLLECTION OF GARBAGE AND TRASH. (a) Collection Frequency. The City of Wylie, Texas, shall collect refuse from residential areas of the City not less than twice weekly, and from the business areas of the City each business day, or as often as necessary; provided, any person in possession or control of any premises shall place the containers required in a location easily accessible for the collector, as directed by the Sanitarian. (b) Proper Containers Required. All trash except tree limbs and scraps lumber shall be placed in appropriate weather-proof containers to be eligible for collection. (c) Container Contents Limited. Containers having noticeable quanties of debris will not be eligible for collection. SECTION 7. EXCESSIVE ACCUMULATIONS OF GARBAGE, TRASH AND/OR RUBBISH. Any premises having excessive accumulations of garbage, trash and/or rubbish may be excluded from the service provided by the city Garbage Department upon written notice to the Sanitarian, and such accumulations shall then be removed and disposed of by a person or firm having a current license issued by the City, in accordance with Section 15 of this Ordinance, at the total expense of the person in possess- ion or control of such premises. SECTION 8. DISPOSAL OF DEAD ANIMALS. It shall be unlawful to place dead animals in trash containers or in any street or alley. Heavy dead animals, such as cows, horses and mules, shall be removed and disposed of at the total expense of the owner. (5) SECTION 9. HEAVY ACCUMULATION OF DEBRIS. Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the total expense of the owner or person in possess- ion or control of the premises, by a method directed by the Sanitarian. SECTION 10. WASTE FROM ANIMAL PENS AND SERVICE STATIONS. Manure from cowlots, horse stable, poultry yards, pigeon lofts, and other animals or fowl pens and waste oils from garages or filling stations shall be removed and disposed of at the total expense of the person in possession or control of the premises, by a method directed by the Sanitarian. SECTION 11. PLACEMENT OF GARBAGE, TRASH IN PUBLIC WAYS. (a) Placement in Streets or Alleys prohibited. The placing of garbage or rubbish or any refuse material in any street or alley within the city limits or the disposal of such refuse at any place within the City Limits is prohibited, except at the city dumping grounds or at such place as may be directed by the Sanitarian. (b) Limited Use of Private Incinerators Allowed. Private incinerators to dispose of trash or rubbish may be used if the same are so constructed and operated as to be in compliance with the standards prescribed by the Health Department of the State of Texas and the Fire Insurance Commission of the State of Texas and the City of Wylie, Texas. (6) (c) Inspection of Private Incinerators Required. All private incinerators in use on the effective date of this ordinance shall be inspected by the City Sanitarian to see that such incinerator is in compliance with the standards herein provided, and if the same fails to meet such standards, then the owner or occupier of the premises shall have a period of time of ninety (90) days after notice in writing given by the City Sanitarian in which to remedy any substandard conditions and thereafter, the operating of such private incinerator in a substandard condition shall be a violation of this ordinance. Private incinerators constructed after the effective date of this ordinance shall be constructed only after the owner or occupier of the premises where such incinerator is to be constructed shall have first obtained a building permit from the City of Wylie, and shall be constructed to comply with the standards hereinabove prescribed. SECTION 12. ILLEGAL TO MEDDLE OR TAMPER WITH CONTAINERS. The meddling or tampering with refuse con- tainers or in any way pilfering, scattering contents or junking in any alley or street within the City Limits is prohibited. SECTION 13. INSPECTION OF PREMISES. It shall be the duty of the Sanitarian or his authorized agent, and he is hereby directed, to make all necessary inspections and investigations of any and all premises to see that the terms of this ordinance are complied with. SECTION 14. RATES. Each premises within the corporate limits of the City of Wylie served from the (7) public water supply shall be charged for garbage and trash collection and removal; except, commercial establishments may contract with a commercial hauler, duly licensed by the City of Wylie, to remove any garbage, trash, and/or rubbish. (a) Residential Premises. 1. Residential premises, churches, lodges, .~:/ r','...~ "r' .,' day nurseries ~ per month 2. Mobile homes (per trailer), Apartments (per unit), Duplexes (per unit), ---- $~ per month (b) Commercial Rates. Each commercial premises shall be charged according to the number of collections per week and the number to trash receptacles based on the following rate schedule: Number of receptacles 5 Collections /Week 1 to 4 $4.50 5 to 8 6.75 9.00 9 to 12 Any amount of trash accumulation requiring more than 12 containers will be classed as heavy collection, the collection rate of which will be set by the City Sanitarian. SECTION 15. LICENSING OF PRIVATE HAULERS. (a) License Application. Any person or firm desiring a license to contract for collection, removal and disposal of garbage, trash, or industrial waste shall make an appropriate application to the Sanitarian, who shall make such investigation as may be necessary to determine whether or not the public convenience and necessity requires the granting of such license. Renewal (8 ) for such license shall be made on or before the second (2nd) day of January each year following. (b) Licence Non-Transferrable and Revocable. All licenses so granted shall be non-transferrable and may be recinded by the City at any timein its judgement such action is deemed to the best interest of the public. (c) Investigation.--Prerequisite to Issue of License. The Sanitarian shall determine if the applicant is fit and proper to conduct such business, and the applicant shall set forth the name and address of the applicant; the business name under which the applicant desires to operate; the class, size and design of each vehicle; whether or not the applicant has been convicted of any violation of any national, state, or municipal law, and whether or not the applicant, or any persons with whom he has been associated or employed, has a claim or judge- ment against him for damages resulting from the negligent operation of a vehicle; the financial ability and respon- sibility of the applicant; his ability to respond to damages in the event of damages to persons or property by reason of the negligent operation of a vehicle on the streets or thoroughfares of the City; such applicant shall produce a public liability insurance policy for the full term of the license period in the amount of not less than Ten Thousand Dollars ($10,000.00) each person and Twenty Thousand Dollars ($20,000.00) each accident, and Ten Thousand Dollars ($10,000.00) property damage; the nature and character of the service the applicant proposes to render; The experience he has had in rendering such service; the patrons for whom he proposes to render this service; a schedule of such services, and such other information as the Sanitarian may deem relevant. (9 ) Any vehicle to be used for hauling garbage, trash and/or rubbish as provided for in this section shall be water- tight and totally contain and enclose all materials being hauled, appropriately marked with an identifying sign, and shall be made available for inspection by and receive written approval from the Sanitarian prior to its use. SECTION 16. HAULING SCRAP LUMBER, BUILDING MATERIALS. Any vehicle utilized by a person or firm, whether owned or hired, to transport scrap lumber and/ or building material along or across any public street or alley within the City limits shall have sideboards and a tail gate equal to or greater than the height of the load being transported and adequate to contain the materials being hauled, and the tail gate shall be closed and securely fastened. SECTION 17. DESIGNATED TRASH COLLECTION DAYS. One day each week shall be designated by the Sanitarian as trash pick-up day. Any person having trash accumulations greater than can reasonably be handled by normal collection of garbage and trash as hereinabove provided shall notify the City, and the City shall collect such trash on such day so designated. SECTION 18. USE OF THE CITY LAND FILL BY PRIVATE PERSONS, FIRMS OR CORPORATIONS. (a) Definitions. In addition to definitions set out in Section 1 of this Ordinance, words used in this section shall have the following meanings, unless the context clearly requires otherwise. (10) 1. City means the City of Wylie, Texas. 2. Persons means an individual person, firm, corporation or association and political subdivision of the State of Texas. 3. Vehicle means every device in or by which any person or property is or may be trans- ported or drawn upon a public highway. 4. Garbage means all animal or vegetable matters, such as waste material and refuse from kitchens, residences, grocery store, butcher shops, restaurants, hotels, rooming and boarding houses, and other deleterious substances and any other matter commonly understood to be garbage. 5. Trash means rubbish, such as feathers, coffee grounds, ashes, tin cans, papers, boxes, glass, grass, shrubs, yard cleanings, grass clippings, leaves and tree trimmings, and any other matter commonly understood to be trash. 6. Sanitarian means the City employee responsible for all matters in regards to health in the City of Wylie. (b) License and Fees Required. No person except the duly authorized agents and employees of the City shall empty garbage cans or trash receptacles into or conveyor transport garbage or trash to any land fill owned or maintained by the City without having paid the required fee as herein prescribed: 1. All resident non-commercial users-$4.00 per month, payable to the City Secretary, or << .,. " ," ^/I.. \..'" "Xc \2 r ,,(X' \\' ';J 'i. r\ ;J' \J) pay a fee according to the fOllowing schedule: Pick-up truck or single axle trailer--$ .50 Dump truck or double axle trailer----- 1.00 Flatbed or sanitation unit------------ 1.50 All others----------------------______ 2.00 2. All non-residents of the City of Wylie and all commercial users of the City of Wylie Land fill will be required to pay a permit fee of $9.00 per month and a fee of 25C:: per cubic yard. (11) Said fee and charges will be paid to the City Sanitarian. (0) Hours of Land Fill Operation. The hours that the land fill will be open shall be determined by the Sanitarian and City Manager. SECTION 19. PENALTIES FOR VIOLATION. Any person, either by himself or agent and any firm, corpora- tion or other entity who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction of any such violation, shall be subject to a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00). In any case of violation of any of the terms or provisions of this Ordinance by any corporation, the officers and agents actively in charge of the business of such corporation shall be subject to the penalty. SECTION 20. SHOULD ANY SECTION, SUBSECTION, SENTENCE, PROVISION, CLAUSE OR PHRASE BE HELD TO BE INVALID FOR ANY REASON, SUCH HOLDING SHALL NOT RENDER INVALID ANY OTHER SECTION, SUBSECTION, SENTENCE, PRO- VISION, CLAUSE OR PHRASE OF THIS ORDINANCE, AND SAME FOR THIS PURPOSE ARE DEEMED TO BE SEVERABLE. SECTION 21. ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY EXPRESSLY REPEALED. SECTION 22. THE FACT THAT THE COLLECTION AND DISPOSAL OF TRASH, GARBAGE, AND RUBBISH IS ESSENTIAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE CREATES AN (12) . . EMERGENCY AND REQUIRES THAT THIS OlillINANCE TAKE EFFECT IMMEDIATELY FOR AND AFTER ITS PASSAGE. DULY PASSED by the City Council of the City of Wylie, Texas, on this 3..-3 day of~f 1972. Approved: /(:7 J D- /;l_~- ~/ - ~-~rrr-'77l Mayor Duly Recorded: , l ~-e ri.l- Jku f.<: {L7 &1/ (j City Secretary (13 )