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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHES. Residue from legally burning wood, coal or other combustible material in and around a residential unit.
BAGS. Plastic and paper sacks designed to store refuse, with sufficient wall strength to maintain physical integrity when lifted by the top, and with the opening closed by a tie or other seal. Total weight of a BAG and its contents shall not exceed 50 pounds.
BRUSH. Tree trimmings, weeds, large hedge trimmings and trees cut in lengths not to exceed eight feet.
BULKY WASTE. Residentially generated appliances, furniture and other bulky items, including, but not limited to, stoves, refrigerators, hot water heaters, air conditioners, mattresses, washing machines, furniture and other materials other than construction debris, dead animals, hazardous waste or stable matter. Weights or volumes may exceed the maximums allowed for containers. The waste must be manageable by two workers and capable of being placed in a compactor truck without size reduction by the collection crew.
BUNDLE. Construction debris and/or rubbish securely tied together forming an easily handled package not exceeding four feet in length, and not more than two feet in diameter, and weighing not more than 50 pounds. It may contain incidental amounts of brush and tree trimmings.
COMMERCIAL REFUSE. All bulky waste, garbage, rubbish or stable matter generated by a producer at a commercial unit.
COMMERCIAL UNIT. All premises, locations, properties or entities, whether public or private, but not a residential unit or industrial unit, within the corporate limits of the city.
CONSTRUCTION DEBRIS. Waste building materials resulting from residential construction, remodeling, repair or demolition operations.
CONTAINER, RESIDENTIAL. Standard trash cans with a maximum capacity of 33 gallons. Cans may be constructed of plastic, metal or fiberglass and shall have handles of adequate strength for lifting. The mouth of the container shall have a diameter greater than or equal to that of the base. Cardboard boxes, plastic bags or paper bags which are adequate for the purpose for which they are used are acceptable, as determined by the Director, provided they are disposable. No single RESIDENTIAL CONTAINER, when loaded, shall exceed 50 pounds in weight.
CONTRACTOR. The person performing refuse collection and disposal under contract with the city.
CUSTOMER. Such persons, or the owner, manager or lessee of the premises, receiving the service.
DEAD ANIMALS. 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.
DELIVER. To place, throw, put, deposit or take any action that results in an item being moved to a certain place.
DIRECTOR. The city official whose responsibility is the overall direction of the waste services division.
DISPOSAL SITE. A managed area of land upon which solid waste is disposed of in accordance with standards, rules or orders established by the local board of health, the Texas Commission on Environmental Quality or the United States Environmental Protection Agency.
GARBAGE. Putrescible animal and vegetable wastes resulting from handling, preparation, cooking or consumption of food.
HAZARDOUS WASTE. 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. The term HAZARDOUS WASTE shall also include used motor oil, gasoline, oil-based paint or paint cans and creosote-treated wood.
INFECTIOUS WASTE. Waste material containing pathogens or biologically active materials which, because of its type, concentration and quality, is capable of transmitting disease to persons exposed to the waste materials.
LITTER. The delivery of or causing the delivery of any material on any public or private property under any of the following conditions:
(1) Where such material is delivered to premises where a “no unsolicited material” marking is posted within two feet of the front door of the premises; or
(2) Where the occupant of the premises has previously notified, in writing, the publisher or deliver of the material that such materials are not to be delivered to the premises.
MATERIAL. Any newspaper, advertising, circular, advertising material, paper, brochure or product.
NON-COMMERCIAL PRIVATE HAULER. Those persons who haul refuse for themselves and are not collecting a fee from someone else for such services.
PARK. A park, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
PREMISES. Land and premises, or an estate including land and buildings thereon, contiguous and under one ownership.
PRIVATE PREMISES. Any dwelling, house, building or other structure designed or used, in whole or part, for private residential purposes, whether inhabited temporarily or continuously inhabited, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PRODUCER. An occupant of a commercial or industrial or residential unit who generates solid waste.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds, parking facilities, buildings or other areas regularly frequented or dedicated for use by members of the public.
PUBLIC PROPERTY. Any and all property owned by the city, the state, the United States of America, or any subdivision thereof, whether located within or outside the corporate limits of the city.
RECYCLING DROPOFF CENTER. A location, either temporary or permanent, within the city established for the receipt of recyclable solid waste, including, but not limited to, newspaper, glass, motor oil, automobile oil filters, automobile and truck tires and aluminum cans. Because of market demands, the Director of Sanitation shall from time to time determine the type and/or amount of recyclable waste accepted at the recycle center.
REFUSE. All putrescible and non-putrescible solid wastes, including garbage, rubbish and ashes.
RESIDENTIAL REFUSE. All refuse generated by a producer at a residential unit.
RESIDENTIAL UNIT. A building or rooms fitted or used, in whole or in part, for human sleeping accommodations, including, but not limited to, (except as otherwise expressly provided for in this chapter) residential houses, garage apartments, duplexes and triplex and quadraplex apartments, encompassing households and household activity. A multi-family dwelling, whether of single-level 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.
RUBBISH. Non-putrescible solid waste such as waste wood products, paper, wire, glass, scraps of metal and other like waste products of normal household activity generated in a residential unit.
STABLE MATTER. All manure and other waste matter normally accumulated in or about a stable or any other animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
TOXIC WASTE. Any solid waste identified or listed as hazardous waste by the administrator of the federal Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended from time to time.
TRASH. See RUBBISH.
WHITE GOODS. See BULKY WASTE.
YARD WASTE. Grass, leaves, small branches, shrubbery, flowers and other plant life, either dry or green, not contaminated with paper or garbage.
(1998 Code, § 102-2) (Ord. 93-75, passed 1-19-1994; Ord. 98-2, passed 2-4-1998)
Every owner, agent, lessee, tenant or occupant of any house, building, flat, apartment or tenement in the city, where persons reside, board or lodge, or where animal or vegetable food is prepared or served, or any private residence, is required to keep and maintain, in good order and repair, approved containers for the disposal of garbage and collection by the city.
(1998 Code, § 102-3) (Ord. 93-75, passed 1-19-1994) Penalty, see § 53.99
Authorized private receptacles for residential garbage collection shall meet the following requirements.
(A) Durable plastic bags qualify as authorized garbage containers in accordance with this section. Plastic bags shall have a minimum thickness of one and two-tenths mils and must be at least 20 gallons in capacity and no larger than 33 gallons in capacity. All bags shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vectors and vermin.
(B) The container shall be a weather-resistant receptacle of a solid and durable quality of metal or plastic, not to exceed 33 gallons in capacity.
(C) The combined weight of the garbage and container shall not exceed 50 pounds.
(D) Rigid containers shall be provided with suitable lifting handles on the outside, and a close-fitting cover equipped with a handle.
(E) The container shall have an opening, at the top, larger than the bottom, and not have any inside structures, such as inside bands and reinforcing angles, or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated, or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, will be condemned by the city; and if such containers are not replaced after notice to the owner or user of their defective condition, they shall be confiscated.
(1998 Code, § 102-4) (Ord. 93-75, passed 1-19-1994)
Every owner or tenant of an occupied building in the city limits is required to keep and maintain, in good order and repair, garbage containers for the deposit of garbage for collection by the city. The lids or covers of all containers shall at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the lids or covers shall only be removed while the containers and receptacles are being filled or emptied.
(1998 Code, § 102-5) (Ord. 93-75, passed 1-19-1994)
(A) Approved receptacles which are commercial containers shall be located at the direction of the Refuse Services Department.
(B) If the residence, structure or place of business from which the garbage and rubbish is to be collected is adjacent to an alley, the owner, occupant, tenant or lessee of such premises shall be required to keep the garbage receptacles in the alley adjacent to the property line.
(C) If no alley is available or it is not practicable to collect from the alley, the owner, occupant, tenant or lessee of the premises shall place the approved receptacles in front of the premises within three feet of the street.
(D) Receptacles shall be placed at the designated pickup point no later than 7:00 a.m. on the day of collection. After collection, all approved receptacles shall be removed from the collection location, and kept on the premises no closer to the street than the front of the residence, structure or place of business, no later than 9:00 p.m. on the evening of collection.
(E) All owners of property shall require all occupants, tenants or lessees to comply with the provisions of this chapter and are responsible for such compliance.
(F) In areas where no street curbing exists and surface drainage is conducted through open roadside ditches, the point of collection shall be on the shoulder of the street between the edge of the pavement and the drainage ditch. No container shall ever be placed for collection in such location as to interfere with the normal flow of surface drainage along and through drainage ditches.
(G) Where special conditions exist which subject containers so placed to overturn and spill, the city may, at its discretion, require such containers subject to overturn and spillage to be placed in a portable, movable or stationary rack; except that, no stationary rack will be required or permitted in the front of a residence.
(H) Notwithstanding anything to the contrary contained in divisions (A) and (B) above, the Director, in instances of mental or physical infirmity of the customer or other appropriate circumstance of severe hardship, may authorize receptacles and containers to be placed for collection in such location as he may designate.
(1998 Code, § 102-6) (Ord. 93-75, passed 1-19-1994) Penalty, see § 53.99
Garbage and trash must be drained of liquid substances and sacked or wrapped in paper before the parcel is placed in a container.
(1998 Code, § 102-7) (Ord. 93-75, passed 1-19-1994) Penalty, see § 53.99
(A) Placement of brush, yard waste and trash. Unbundled brush must be placed road side, not in alleys. All containerized or bundled brush, yard waste and trash shall be placed adjacent to the place provided for collection of garbage.
(B) Securing of pointed or sharp objects. Pointed or sharp objects, including, but not limited to, broken glass, jagged metal, razors and wire, shall be secured or taped or tied before bagging or bundling so as to prevent injury when handling.
(C) Combining waste in bundles. Incidental quantities of brush and tree trimmings may be combined with other debris and/or rubbish in securely tied bundles conforming to length and weight requirements for bundles.
(D) Unbundled brush. Larger quantities of unbundled brush shall be cut into lengths of eight feet or shorter and shall be neatly stacked. This brush will be picked up by the city, at no charge to the owner, as often as the city’s brush collection work load permits. Unbundled brush must not be mixed with garbage, trash, construction debris, appliances and the like. If brush is mixed with other waste, the city will charge for the collection of the entire trash pile at a rate set by the City Commission.
(E) Access for collection of brush. All brush to be collected by the city shall be placed at a location so that access to it is not obstructed by overhanging tree limbs, wires or other obstacles which would interfere with mechanical collection. If improperly placed, the city reserves the right to deny collection or charge at a rate set by the City Commission.
(F) Preparation of yard waste. Yard waste such as leaves, grass clippings and incidental quantities of light brush shall be placed in authorized containers not to exceed 50 pounds. Yard waste will be collected at the same time and place as garbage. The city will not collect yard waste unless it is prepared as described in this section.
(G) Preparation of rubbish.
(1) Rubbish (trash) shall be placed in authorized containers not to exceed 50 pounds, or tied in bundles not to exceed four feet in length or two feet in diameter and not in excess of 50 pounds. Rubbish so prepared will be collected at the same time and place as garbage.
(2) The city will not collect rubbish that has not been contained or bundled as described in this section.
(H) Bulky waste. Bulky waste (waste manageable by two workers and capable of being placed in a compactor truck without size reduction by the collection crew) shall be placed next to the place provided for the collection of garbage. Refrigeration units must be tagged by an authorized contractor certifying that the unit has been properly purged of chlorofluorocarbons (CFC). The city will collect and dispose of bulky waste meeting the requirements described in this subsection at the same time and place as garbage.
(I) Construction debris.
(1) Rock, waste, building materials or other refuse resulting from major building or remodeling operations, or resulting from a general cleanup of vacant or improved property, will not be classified as garbage, brush or trash and shall not be removed by the city.
(2) Such waste shall be removed by the building contractor or the owner or occupant of the building at his or her own expense.
(J) Obstructing drainage ditch. No brush, yard waste, trash, bulky waste or construction debris shall ever be deposited for collection in any place which may cause interference with the normal flow of surface drainage along and through a drainage ditch.
(1998 Code, § 102-8) (Ord. 93-75, passed 1-19-1994) Penalty, see § 53.99
No person, except employees of the city, shall empty garbage cans and receptacles or convey or transport garbage or brush on the streets and alleyway system of the city, except by authority given by the Director.
(1998 Code, § 102-9) (Ord. 93-75, passed 1-19-1994) Penalty, see § 53.99
The owner of the animal, if known, and otherwise the manager or person in control of the property upon which the animal is found, shall be responsible for the removal of large dead animals, including but not limited to horses, cows, pigs, goats and sheep.
(1998 Code, § 102-10) (Ord. 93-75, passed 1-19-1994)
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