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Ordinance 1983-50 ORDINANCE NO. ~'\j ,.',) AN ORDINANCE PRESCRIBING REGULATIONS GOVERNING GARBAGE AND REFUSE IN THE CITY OF WYLIE, TEXAS; DEFINING TERMS; PRESCRIBING REGULATIONS FOR GARBAGE RECEPTACLES; ESTABLISHING COLLECTION FEES; ESTABLISHING COLLECTING AGENT; PRESCRIBING FOR REGULATING GOVERNING PERMITS; ESTA- BLISHING PROHIBITED ACTS; PROVIDING FOR A PENALTY OF NOT MORE THAT ONE THOUSAND DOLLARS ($1,000.00) FOR THE VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVER- ABILITY CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie has found it advisable to contract with a private organization for the removal of refuse, garbage, rubbish and other materials that accumulate within the City limits of Wylie, Texas for the health and welfare of the citizens; THEREFORE, BE IT ORDAINED BY THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: ART! CLE I SECTION 1.01: Purpose of Chapter: The accumulation of garbage, rubbish, brush and other refuse constitutes a public nuisance, a health hazard, a fire hazard and a safety hazard. Therefore, it shall be required that owners and tenants or other persons in control of property of private resid- ences, private commercial buildings and businesses, and the occupants of all private non-commercial buildings which accumulate refuse, to deposit their garbage, rubbish, brush, and other refuse for removal by the agent des i gnated by the City. Such owners, renters and occu- pants shall maintain the premises of the building and property free of accumulation of all other refuse in accordance with the provisions of this ordinance. All refuse shall be disposed of in a place and by methods deemed appropriate by the City. The purpose of this ordinance is to provide for a method of collecting and disposing of refuse and to maintain neighborhood quality aesthetics and maintenance of property values by providing for the general health and welfare of the City of Wylie, Texas. SECTION 1.02: Definitions: When used in this ordinance, the following terms will have the meanings so assigned to them. II City II shall mean the City of Wylie, Collin County, Texas. "Residents" shall mean persons residing other than within the boundaries of the City of Wylie, Collin County, Texas. lINonresidentsl1 shall mean persons residing other than v/ithin tfw bouncar;t:s of the City of vJylie:, Coll'in COGnt.y, Texas. -1- Ordinance No. Cont'd page 2 "Persons" shall mean any person, firm corporation, organization or municipal entity incorporated or nonincorporated other than the City of Wylie, Collin County, Texas. "Premises" shall mean all public and private establishments in- cluding individual residences, all multi-family dwellings, residental care facilities, hospitals, schools, businesses, other buildings and vacants lots. "Commercial" or "Industrial" shall mean any structure or business other than residential, including hotels, motels, structures containing more than two (2) dwellings, and residential care facilities whether occupied or unoccupied. "Residential" shall mean any structure or premises used for perm- anent living quarters of whatever type, including conventional single- family residences, duplexes, multi-family residences, of two (2) or less dwelling units. "Residential Garbage" shall mean all normal household waste of private residences and multi-family dwellings of not more than two (2) units, especially including waste of food, but not including sewage and body waste, manure, dead animals over ten (10) pounds in weight, large tree trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down to fit into the regular garbage containers herein specified. "Commercial Garbage" shall mean all normal establishment waste products of commercial buildings or establishments and including multi- family dwellings other than private residences, other than sewage and body waste, manure, dead animals over ten (10) pounds in weight, large tree trimmings, demolition or remodeling debris. or any other waste material that cannot be broken down to fit into the regular garbage containers herein specified. "Contractor" shall mean such private firm designated by the City for collection, transportation and/or disposal of the solid waste. "Rubbish'l shall mean trash or garbage such as feathers, ashes, aluminum cans, papers, boxes, glass and any other matter commonly under- stood to be rubbish. "Brush" shall mean plants or grass clippings, leaves or tree trim- mings. (2) Ordinance No. Cont'd. page 3 "Refuse" shall mean all solid waste materials. "Unusual Accumulations" shall mean (a) accumulations that cannot be collected by any standard residential trash truck, in the normal course of daily routes or does not meet stated conditions; (b) for commercial establishments, accumulations that would not occur in the ordinary course of business; (c) large, heavy or bulky objects such as furniture or appliances; and, (d) materials judged by the City Manager, the Director of Public Works or a person designated by him, to be haz- ardous, as defined by the U. S. EPA. "Dead Animals" shall mean animals equal to or greater than ten (10) pounds in weight that have expired from any cause except those slaughtered or killed for human use. "Bulky Wastes" shall mean stoves, refrigerators, water tanks, wash- ing 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. "Bags" shall mean plastic sacks, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 50 pounds. "Cans" shall mean a formed container of metal or plastic with a lid and have a volume of less than 30 gallons and a reasonable proportion of height and diameter. ARTICLE II SECTION 2.02: Dumping Dumping of any residential or commercial garbage, rubbish brush or refuse in any place and in any manner other than that designated in this Ordinance by any individual, corporation or any other entity is prohibited. SECTION 2.03: Receptacles for Garbage, Trash and Brush a) Every owner, tenant, or occupant shall use plastic bags or other water proof, secured containers for garbage receptacles or such other con- tainers authorized in this section. The garbage bags or containers shall be of such a thickness that they can be lifted by the top without breaking, or 1.5 mils, and shall meet City of Wylie specifications. Each bag shall -3- Ordinance No. Cont'd. page 4 contain no more than fifty (50) pounds of weightin garbage, nor no more than thirty (30) gallons volume of waste matter. All baqs shall have openings securely closed. Water or other liquids shall be drained from garbage. b) Brush shall be picked up on regularly scheduled route and shall be tied in bundles not to exceed three (3) feet in length with no limbs exceeding three (3) inches in diameter. Bundles of brush shall be com- parable in size and weight with bags of garbage, but will not exceed 50 pounds in weight. c) Commercial hand collected establishments shall use the containers specified by the Contractor for the City. All others shall be of type specified by and supplied by the Contractor. SECTION 2.04: Residential Collection a) Collection of regular garbage, rubbish and brush shall be two (2) times weekly unless a holiday shall fall upon regularly scheduled day. When such holiday occurs on any day except on Saturday or Sunday, only one pickup that week for those affected. Such holidays will be : Christmas New years Thanksgiving Memorial Day Labor Day Independence Day b) It shall be the duty of persons occupying the premises of a residence, commercial establishment or other building or facility to place the garbage in the proper receptacles at the curb line, alley side or other location most accessible to the collection crew as deter- mined by the Contractor and the City Manager, Public Works Director or individual designated by 7:00 A. M. of the day of collection for said premise. c) Unusual accumulations, brush or bulky wastes, shall be placed for regular garbage pickup. Removal of unusual accumulations, brush or bulky wastes, may be requested for a special collection, and there shall be an additional fee for such service based on the cost of providing such service. The City Manager, Public Works Director or individual designated shall be the authority for what constitutes "unusual accumulations: if there is a difference of opinion between a customer and Contractor. -4- Ordinance No. Cont'd. page 5 SECTION 2.05: Residential Collection Fees The collection and removal of garbage, rubbish and brush residential collection fees shall be as provided in the City of Wylie current Fee Ordinance. Multi-family dwelling of three (3) or more units shall use commercial containers as provided by the Contractor. For oartial months, said charges shall be pro-rated for each and every day of the month during which service is available to customers or is requested by customers by use of water from the City. There shall be a fee charged for extra colle- ctions necessary for the removal of unusual accumulations as defined herein and other ordinance accumulations. An increase in monthly collection and removal fees may be made upon approval of the City Council. The charges for collection service shall be included on the monthly utility bill of the occupan. All utility customers, within the City limits, shall re- ceive solid waste collection service. Service fees shall be due and payable on the date so indicated on the water utility bill. Temporary service shall be billed by the designated Contractor and reported to the City of Wylie. SECTION 2.06: Commercial Collection Either cans or plastic bags shall be used or commercial type containers shall be placed at the location on the premises by the customer and the contractor. The collection and removal of garbage, rubbish and brush from buildings and premises used for commercial or institutional purposes shall be made not less than two (2) times per week; however, the same holiday criteria shall apply in hand collect commercial as in residential unless the nature of refuse should constitute health hazard, wherein contractor shall supply day after service to such account. Such action may be deter- mined by and at the direction of the City of Wylie. SECTION 2~07: Commercial Collection Fees The collection and removal of garbage, rubbish and brush commercial, industrial and institutional collection fees shall be as provided in the City of Wylie current Fee Ordinance. There shall be a fee charged for extra collection necessary for the removal of unusual accumulations. The Contractor will provide service for all categories of collection for which fees are established except where mutually agreed by Contractor and City. An increase in monthly collection and removal fees may be made upon -5- Ordinance No. page 6 approval of the City Council. The charges for collection service shall be included on the monthly utility bill of the occupant or premise own- er. All utility customers within the City limits shall receive solid waste collection service. Service fees shall be due and payable on the date so indicated on the water utility bill. Temporary service shall be billed by the designated Contractor and reported to the City of Wylie. SECTION 2.08: Collection Contractor The City of Wylie shall designate a Contractor to regularly collect and remove garbage, rubbish Rnd brush from residential premises and other establishments subsribing to the service. This agent shall operate by contract with the City. The City Manager shall take action to see that the terms of the contract is fulfilled. SECTION 2.09: Other Garbage Collectors a) Individual persons may remove garbage, rubbish, brush or unusual accumulations to a sanitary landfill, subject to the landfill owner's or operator's rules and regulations, and providing that the garbage, rubbish, brush and unusual accumulations are secured by bags or other containers so as not to blow on and litter City streets. An individual hauling re- fuse as allowed by this section will not be exempted from any portion of the regular charge for solid waste collection. b) Except as otherwise provided, it shall be unlawful for any person to engage in the business of collecting garbage within the City of Wylie with the exception of extreme circumstances wherein contractor is not equipped to handle the type of refuge generated, i.e. hazardous wastes, tree clearing operations from developments, or cleanup of building con- struction sites, etc. SECTION 2.10: Transport of Refuse by Other Haulers a) Refuse collection by persons other than the agent designated by the City shall transport refuse in vehicles which are covered by metal top, screening or canvas or in such other manner so as to prevent the escape of any particle of refuse. Refuse escaping from such a truck shall be deemed as litter and the driver shall be responsible for littering. b) Haulers from any locale other than the City of Wylie using the streets of the City of Wylie shall be required to use similarly suitable vehicles and to be responsible for the containment of the contents, as above. -6- Ordinance No. Page 7 SECTION 2.11: Prohibited Acts a) Pilfering, scattering contents or meddling with garbage, rubbish, brush or containers by any person other than owner, occupant or authorized agent is prohibited. b) The unauthorized use of any container within the City Limits of Wylie by any individual, corporation or company is hereby prohibited. c) It shall be unlawful for any person to deposit any burning match, charcoal, ember, or other burning material in any container used for the disposal of garbage or rubbish or setting fire to the content within any container holding refuse. d) It shall be unlawful for any person to deposit any materials not included in the definitions of garbage, rubbish and brush in any container used for the disposal of garbage, rubbish or brush. SECTION 2.12: Wastes from Building Operations Debris or rubbish, resulting from construction or major remodeling and repair, resulting from a general clean-up of vacant or improved pro- perty just prior to its occupany will be removed by the Contractor of the City, if requested, as regular service. All such removals shall be the sole responsibility, and at the expense, of the owner or user of the property and/or his contractor. SECTION 2.13: Wastes from Tree Trimmings Operations It shall be the duty of any person employing a contractor, tree trim- mer, or other person to trim or prune trees or shrubs to have said trimmings removed from the premises at his own expense. Contractor's services shall be provided to these, however, on a mutually agreeable basis. ARTICLE III SECTION 3.01: Penalties Upon conviction of any violation of any section of this Ordinance, any person, firm or corporation, being found guilty, shall be fined any sum not in excess of One Thousand Dollars ($1,000.00) for each offense and shall be assessed court costs as provided by law. SECTION 3.02: Repealing of Conflicting Ordinances All ordinances or parts of ordinances in conflict with this Ordi- nance is hereby repealed. -7- Ordinance No. page 8 SECTION 3.03: Validity Should any section, paragraph, sentence or word of this Ordinance or of the code hereby adopted be declared for any reason invalid, it is the intent of the City Council of the City of Wylie that it would have passed all other portions of this Ordinance independent of any such portion as may be declared invalid. SECTION 3.04: Effective Date The caption of this Ordinance shall be published one time in at least one newspaper for general circulation in the City of Wylie, Texas, and shall be effective on the 1st day of December, 1983. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ON THE j'? DAY OF --1JiP/?/4'!P7kV , 1983. ATTEST: APPROVED AS TO FORM: A. Lawrence Jackson, City Attorney -8-