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(a) Any vehicle used for transporting dry solid waste material within the city must:
(1) be fitted with a substantial, tight-fitting enclosure that is free of any cracks or breaks and that has side boards and head boards of not less than 24 inches in height and a tail board of not less than 18 inches in height, to prevent waste material from being scattered or thrown onto the streets;
(2) be equipped with a closely fitting cover that must be used to prevent the escape of loose material or effluvia; and
(3) be equipped with any other equipment required to comply with all applicable federal and state motor vehicle safety standards.
(b) Any vehicle used for transporting wet solid waste material within the city must:
(1) be fitted with a substantial, tight-fitting enclosure, with the deck, sides, and ends of the bed constructed of sheet steel so that the vehicle may be easily cleaned and with the sides not less than 24 inches high and the tail board not less than 18 inches high;
(2) have a tight-fitting cover to prevent spillage;
(3) when carrying cans to transport wet solid waste material, use only cans equipped with tight- fitting lids and holding chains so that the cans will not turn over and spill;
(4) not have any drain holes in the sides of the vehicle and must have any drain holes in the deck of the vehicle capped to prevent spillage or leakage; and
(5) be equipped with any other equipment required to comply with all applicable federal and state motor vehicle safety standards. (Ord. Nos. 14219; 21058; 26480; 26608)
It is the responsibility of the producer of any dry or wet solid waste to ensure that such waste material is disposed of in an approved manner at an approved disposal site. It is the producer’s responsibility to inform the solid waste collection service, in writing, of any waste that includes any material that is hazardous by reason of its pathological, radiological, explosive, toxic, or corrosive character. (Ord. Nos. 14219; 21058; 24743; 26480; 26608)
(a) A person commits an offense if he removes from any garbage container or receptacle any dry or wet solid waste, or in any way obstructs or interferes with any garbage container or receptacle in the city.
(b) It is a defense to prosecution under Subsection (a) of this section that the person was:
(1) an employee of the city in the performance of official duties;
(2) a franchisee under this article performing solid waste collection service in compliance with the terms of this article and the solid waste collection franchise ordinance; or
(3) any owner or occupant of the premises on which the container or receptacle is located. (Ord. Nos. 14219; 21058; 26480; 26608)
A person engaged in the removal, handling, or transfer of dry or wet solid waste or in any manner dealing with dry or wet solid waste commits an offense if, either in person or by an agent, employee, or servant, he separates, unloads, offers for sale or trade, or exchanges any part of the solid waste materials within the city, except at a place designated by and in compliance with this chapter and other applicable city ordinances. (Ord. Nos. 14219; 21058; 26480; 26608)
(a) A person commits an offense if he deposits, causes to be deposited, or permits to accumulate any dry or wet solid waste upon any public or private premises within the city in such a manner as to emit noxious or offensive odors or to become unsanitary or injurious to public health or safety.
(b) A person commits an offense if he causes or permits any solid waste collection vehicle, dumpster, or roll-off container or the contents of such vehicle, dumpster, or roll-off container to be maintained in a condition that is foul, offensive, or otherwise hazardous to the public health or safety. (Ord. Nos. 14219; 21058; 26480; 26608)
(a) A person who violates a provision of this article, or who fails to perform a duty required of him under this article, commits an offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
(b) An offense under this article is punishable by a fine of not more than $2,000 and, upon a first conviction, not less than $100.
(c) The minimum fine established in Subsection (b) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in Subsection (b).
(d) In addition to being subject to criminal enforcement and penalties as provided in Subsections (a) through (c) of this section, a franchisee that violates or causes or permits the violation of any of the terms or conditions of the franchise ordinance is liable for a civil penalty in the amount prescribed by the city council in the franchise ordinance. A civil penalty under the franchise ordinance may not exceed $2,000 for each violation. A franchisee is liable for a separate violation for each day or part of a day during which a violation is committed, continued, or permitted. (Ord. Nos. 20599; 21058; 26480; 26608)