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§ 51.01 SHORT TITLE.
   This chapter shall be known and may be cited as the “Utility Ordinance of the Town of Holiday Lakes, Texas”.
(Ord. 96-02, passed 4-1-1996)
§ 51.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMERCIAL BUSINESS. Hotels, motels, restaurants, bars, grocery and convenience stores, shops, gas stations, multi-family dwellings, mobile home parks having a common place for disposal of solid waste by all inhabitants of said park, and any other type of business commonly considered to be a COMMERCIAL BUSINESS.
   COMMERCIAL WASTE. Any solid waste ordinarily accumulated in the usual operation of a commercial business and which is not substantially greater than normal.
   DAMAGE. Any person who obtains utility service from the town by circumventing or tampering with the town utility metering devise or apparatus, or by any other means damages any facility, lines, fire hydrant or interferes with the intended manner of providing utility service shall be in violation of this chapter.
   DIVERT. Bypassing the water cutoff valve by any means, or by connecting more than one habitation to the water system by any means, or by sharing the same connection valve assigned to one habitation.
   FAMILY. An individual or individuals living together in a single unit dwelling.
   FRANCHISEE. Any person to whom the town grants a franchise of contract for the collection, conveyance and disposal of solid or heavy waste whereby the franchisee contracts with his or her customers for the collection of solid or heavy waste.
   HABITATION. Any structure, building, mobile home, manufactured home, travel trailer, motor home or any other enclosure capable of being used as living quarters.
   HEAVY WASTE. Bulky or heavy materials, including, but not limited to, bricks, broken concrete, rocks, construction materials, roofing materials, trees or brush trimmed or cut by a commercial tree trimmer, refrigerators, freezers, washers, dryers, stoves and ovens, mattresses, and other items of furniture. For purposes of this chapter, HEAVY WASTE shall also include dead animals or fowl, manure and waste oils from garages and filling stations.
   HOUSEHOLD WASTE. Any solid waste ordinarily accumulated by a family in the usual operation of a residence and which is not substantially greater than normal.
   INDEPENDENT CONTRACTOR. Any person with whom the town has contracted for the collection, conveyance and disposal of solid waste within the town, collecting the fees from such services from its inhabitants and paying the contractor for such services.
   MAYOR. The Mayor of the Town of Holiday Lakes, Texas.
   OWNER. The person or persons having legal title to any property within the town.
   PERSON. Any individual, association, corporation, partnership or other legal entity, and includes, but is not limited to, the owner of the legal or equitable title of real property as well as any lessee, tenant or occupant of any real property.
   SECRETARY. The Secretary of the Town of Holiday Lakes, Texas.
   SOLID WASTE. Any garbage, trash, refuse, sludge or any other discarded material, including solid, liquid, semisolid or containing gaseous material resulting from industrial, municipal, commercial, mining, residential and agricultural operations, and from community and institutional activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to Chapter 26, Water Code; soil, dirt, rock, sand and other natural or human-made inert solid materials used to fill land if the object of the fill is to make the land suitable for construction of surface improvements; or for waste materials which result from activities associated with exploration, development or production of oil or gas which are subject to control by the State Railroad Commission.
   THEFT OF SERVICE. A person commits theft of service if, with intent to avoid payment for service that he or she knows is provided only for compensation, and having control over the disposition of service of another to which he or she is not entitled, he or she intentionally or knowingly diverts the other’s service to his or her own benefit or to the benefit of another not entitled to them.
   TOWN. The Town of Holiday Lakes, Brazoria County, Texas.
   TOWN COUNCIL. The Town Council of the Town of Holiday Lakes, Texas.
   TOWN LIMITS. The corporate limits of the Town of Holiday Lakes, Texas, as they now exist and those areas annexed to said town in the future.
   UNUSUAL ACCUMULATIONS. For household waste, accumulation of more than nine plastic bags or trash cans of permissible solid waste, and limbs or cuttings that exceed approximately one cubic yard. For commercial waste, any accumulation not ordinarily encountered in the usual operation of a business, or accumulation substantially greater than normal.
(Ord. 96-02, passed 4-1-1996)
§ 51.03 RULES OF CONSTRUCTION.
   (A)   Exceptions. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, the complaint charging a violation of this chapter need not negate the existence of any exception contained herein, but the existence of the same may be raised by the defendant in any such prosecution by way of defense.
   (B)   Prima facie evidence. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, proof that any tract of land, the description of which is alleged in the complaint on which such prosecution is based, is listed as being owned by any person on the current tax roll of the town, shall be prima facie evidence that such land is owned by such person; provided, however, the prima facie proof herein provided for may be rebutted by the defendant against whom such proof is offered in any such prosecution.
   (C)   Affirmative defense. In any prosecution hereunder in the Municipal Court of the town or any other court of competent jurisdiction, the prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. In any such prosecution the defendant must prove any such affirmative defense by a preponderance of the evidence.
   (D)   Savings clauses. This chapter is cumulative of and in addition to all other ordinances of the town, on the same subject and all such ordinances are hereby expressly saved from repeal; provided, however, where this chapter and other ordinance conflict or overlap, whichever imposes the more stringent regulations or penalties, as the case may be, shall prevail. No offense committed and no fine, forfeiture or penalty incurred prior to the effective date of this chapter is to be affected by the adoption of this chapter but the punishment for any offense committed and the recovery of any fines or forfeitures incurred prior to such date shall take place as if this chapter had not been adopted.
(Ord. 96-02, passed 4-1-1996) Penalty, see § 51.99
§ 51.04 SOLID WASTE COLLECTION BY TOWN.
   All solid waste accumulated in the town shall be collected, conveyed and disposed of by the town. No person shall collect, convey over any of the streets or alleys of the town or dispose of any solid waste accumulated in the town. It is an affirmative defense to any prosecution in the Municipal Court of the town or any other court of competent jurisdiction that: the collection, conveyance or disposal is being done by any duly authorized officer, agent, employee, independent contractor or franchisee of the town; or the collection, conveyance or disposal is being done by actual producers of the solid waste, or the owners of premises upon which the solid waste has accumulated, provided such producers or owners comply with the provisions of this chapter and with any other governing law, or ordinances or regulations prescribed by the town or the Mayor; provided, however, that such actual producers shall still be required to pay all fees required by § 51.07.
(Ord. 96-02, passed 4-1-1996) Penalty, see § 51.99
§ 51.05 SOLID WASTE COLLECTION AND BILLING SUPERVISED BY MAYOR.
   The Mayor or his or her designee shall have the authority to make written regulations concerning the days of collection, type and location of waste containers, amount reasonably to be collected by the town, method of billing of customers, and such other matters pertaining to the collection, conveyance, disposal and billing as he or she shall find necessary, and to change and modify the same, so long as not inconsistent with provisions of this chapter; provided, such policy shall have no force and effect unless and until the same has been approved by majority vote of the Town Council present and voting at any regular or special meeting thereof. All such administrative policies, after promulgation and approval, shall be maintained by the Secretary in the permanent records of the town. Any violation of such regulation shall be a misdemeanor punishable as provided above, but it is an affirmative defense to any prosecution in the Municipal Court of the town or any other court of competent jurisdiction that any person charged with a violation of such administrative policy had not previously received notice from the Mayor or his or her designee warning such person of a violation and had not previously been given a copy of the regulations such person was charged with violating.
(Ord. 96-02, passed 4-1-1996) Penalty, see § 51.99
§ 51.06 COLLECTION PRACTICES.
   (A)   Residential. The town, through its independent contractor, will furnish receptacles to be used by all families within the town limits for the disposal of households waste. Each family is responsible for transporting the solid waste they produce to the receptacles furnished by the town. Each family may dispose reasonable accumulations of household waste in such receptacles for the monthly fee as set out in § 51.07. Any person disposing of any unusual or unreasonable accumulations of household waste or heavy waste shall pay the fees as set out in § 51.07.
   (B)   Commercial. The town through its independent contractor will furnish receptacles to be used by all commercial businesses within the town limits for the disposal of commercial waste. Each commercial business is responsible for transporting the solid waste they produce to the receptacles furnished by the town or for an alternative means of disposal. Each business may dispose of reasonable accumulations of commercial waste in said receptacles for the monthly fee as set out in § 51.07. Any persons disposing of any unusual accumulations of commercial waste or heavy waste shall pay the fees as set out in § 51.07.
   (C)   Rules for disposition.
      (1)   Each person disposing of solid waste in any receptacle furnished by the town shall make certain that such waste is placed entirely in such receptacle and in such a manner that such solid waste may not be carried or deposited by the elements upon any public street, right-of-way, sidewalk, alley, sewer or any other public place or into any occupied premises within the town. Such person shall also secure the lid or top to such receptacle after disposing of such solid waste.
      (2)   Each person transporting solid waste over the streets of the town shall so operate as to prevent offensive odors escaping therefrom and solid waste from being blown, dropped or spilled from their vehicles.
      (3)   The removal of wearing, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the direction and supervision of the Mayor. Such waste materials shall not be placed in receptacles for regular collections.
      (4)   Highly flammable or explosive material shall not be placed in containers for regular collection but shall be disposed of as directed by the Mayor at the expense of the owner or possessor thereof.
      (5)   The Mayor shall have authority to refuse permission for any heavy waste or unusual accumulation of household or commercial waste if the disposal of such in the receptacle furnished by the town would be inappropriate or unsafe or would overload the receptacle. The Mayor shall have the authority and discretion to make arrangements for any such heavy waste or unusual accumulation of household or commercial waste to be picked up by the town or its independent contractor for a reasonable fee.
(Ord. 96-02, passed 4-1-1996)
§ 51.07 GARBAGE FEES.
   (A)   Residential. The fees for the disposal of waste material by families shall be as follows.
      (1)   For reasonable accumulations of household wastes, a monthly fee as set forth in the utility service regulations (§ 50.27), attached to this chapter, as amended from time to time and adopted by Town Council.
      (2)   For unusual accumulations of household wastes or for heavy waste, a reasonable fee to be determined by the Mayor at the time such waste is to be disposed.
   (B)   Commercial. The fees for the disposal of waste material for commercial businesses shall be as follows.
      (1)   For reasonable accumulations of commercial waste, a monthly fee as set forth in the utility service regulations (§ 50.27), attached to this chapter, as amended from time to time and adopted by Town Council.
      (2)   For unusual accumulations of commercial waste and heavy waste, a reasonable fee to be determined by the Mayor at the time such waste is to be disposed.
   (C)   Delinquency. All accounts shall be considered delinquent if not paid by the tenth day of each month.
   (D)   Penalty for late payment. If any charges herein prescribed are not paid on or before the tenth day of the service month to which such charges are applicable, then a penalty, as determined by a favorable vote of Town Council members present and voting and reflected as an amendment to the utility service regulations, shall be added thereto. An additional penalty in the same amount shall be automatically assessed each month on any unpaid balance.
   (E)   Penalty for bad checks. Checks accepted by the town for the payment of the monthly fee or any other fees, charges or interest payable under this chapter, which check is returned for insufficient funds on account for no account, for forgery or for any other reason shall be subject to an additional fee, as determined by a majority vote of Town Council members present and voting and reflected as an amendment to the utility service regulations, to cover the cost of handling the same.
(Ord. 96-02, passed 4-1-1996; Ord. 97-01, passed 3-10-1997)
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