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HomeMy WebLinkAboutOrdinances (O-91-822)-05/21/1991 16 17 18 19 20 21 22 23 24 25 26 1 'P~rJd - 'if ~ q;,m 2 3 ORDINANCE 0-91-822 4 AN ORDINANCE AMENDING SECTION 4 OF CHAPTER 11 OF THE COLLEYVILLE CODE, ESTABLISHING A DEFINITION FOR RECYCLABLE MATERIAL, PROVIDING FOR THE USE OF RECYCLING CONTAINERS FOR RECYCLABLE MATERIAL, ESTABLISHING A PROCEDURE FOR DISPOSAL AND COLLECTION OF RECYCLABLE MATERIAL, PROHIBITING DEPOSIT OF OTHER THAN RECYCLABLE MATERIALS IN RECYCLING CONTAINERS AND MODIFYING THE FEES SO AS TO PROVIDE FOR THE COST OF THE RECYCLING PROGRAM. 5 6 7 8 WHEREAS, the City Council of the City of colleyville deems it is in the best interest of the ci ty and the public in general to establish a recycling program; 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 COLLEYVILLE, TEXAS: 11 Sec. 1 THAT part A of section 4 of Chapter 11 of the Colleyville Code be amended by adding thereto a definition providing as follows: 12 "Recyclable Material: 13 a) Newspapers, excluding magazines, mail, paper bags or any other type of paper. 14 b) Glass bottles and jars, excluding mirrors, windows, ceramics and other types of glass. 15 c) Cans, including beverage, food, beer, soft drink cans composed of tin, steel and aluminum, only and not including scrap metal. d) Bottles, including HDPE (milk and detergent bottles, base cups on soft drink containers), PET (primarily soft drink containers), bottles generally referred to as two and three liter soft drink, milk, juice, water, shampoo, liquid soap, etc." Sec. 2 THAT section 4 B (1) of Chapter 11 of the Colleyville Code be amended by adding thereto the phase ",except as may be provided by the City's contractor for recyclable material." Sec. 3 THAT section 4 C of Chapter 11 of the Colleyville Code be amended by adding thereto section 6, providing as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 () - if -Jd cA 1 2 3 4 5 6 7 8 9 Sec. 4 Sec. 5 Sec. 6 "6. The recyclable material shall be disposed of and collected as follows: (a) Recyclable materials shall be placed in appropriate recycling containers furnished by the City's contractor. (b) The full recycling containers shall be maintained as to prevent the scattering of the contents thereof and render the contents inaccessible as possible to insects, rodents and other animals. The recycling containers containing recyclable materials shall be placed at the curbside of the street bearing such resident customer I s address in such a manner as to be easily accessible for collection and as to prevent such recyclable material from being scattered, not more than 12 hours prior to the scheduled collection day for recyclable materials." THAT Section 4 G of Chapter 11 of the colleyville Code be amended by adding thereto a new section to be numbered (4), with current sections 4 through 9 being thereafter successively numbered providing as follows: "4. It shall be unlawful for any person to place in a recycling container any garbage other than the recyclable material for which the container is provided." THAT section 4 H of Chapter 11 of the Colleyville Code be amended by adding thereto after the first sentence in said section the phrase "The collection and removal of recyclable materials in approved containers shall be made one time each week." THAT section 1 of Addendum "A" originally adopted under Ordinance 0-90-770, be amended by increasing the charges for garbage collection services to $6.62 per residential unit per calendar month and to $1. 88 per residential recycling unit per calendar month and adding thereto the following phrase: "A charge of $5.00 shall be made as a replacement fee to any residential customer for the loss or destruction of a recycling container supplied by the City'S contractor." ()~ ()- 9'(-d,}J- 1 2 3 Sec. 7 Penalty Any person violating any prov1s1on of the foregoing sections shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in an amount not to exceed Two Hundred Dollars ($200.00) for each violation. 4 5 6 Sec. 8 Publication The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law, and this ordinance shall become effective immediately upon publication. 7 8 9 AND IT IS SO ORDERED. 10 ~; ~irs~ and P~bi~~l~earing being conducted on the The second ;e~ing and public hearing being conducted on the day of ~~, 1991. The t~ird readi~g cIi1~..dPUblic hearing being conducted on ~J~ day of ~' 1991. A~/ /f/J ~~ LaVada JOhnSO~~-- Cliris awk1ns City Secretary Mayor 11 12 13 14 15 16 17 18 APPROVED AS TO FORM: Zot~ Ross T. oster City Attorney 0-91-822 19 20 21 22 23 24 25 26 IJrf (tf/ the ORDINANCE NO. 0-90-770 as amended in Ordinance No: 11- 9/ -1.1 Z "Sec. 4. Garbage A. Definitions Words used in this ordinance shall be defined as follows: Brush: Tree and shrub trimmings which are not easily placed in disposable containers. Co~mercial Containers: Metal containers supplied by contractor affording adequate capacity to service a customer so as to prevent spillage, unsightly, and unsanitary conditions. Curbside Se~ice: Garb~ge to be picked up by the contractor which will be located at the curbside of the street bearing the customers address. Debris: Dirt, concrete, rocks, bricks or other waste building materials. Dis~osable Container: Any plastic bag, cardboard, metal or wooden box having no outside dimension of more than four (4) teet and capable of containing garbage or trash, without leaking or emitting odors and which weighs, when loaded, less than fifty (50) pounds per container and which is placed at curbside for removal. Garbage: Refuse, animal or vegetable matter, as from a kitchen or food processing facility; ashes, any other household waste which is damp or capable of emitting noxious odors. Handicaoged Customer: A residential household in which all members of the household are physically handicapped to the extent that they are unable to place garbage at curbside. The fact of such handicap must be certified to contractor by the City Manager of the City. Hazardous Waste: All fecal material, oil sludge, and apy radioactive, pathological, toxic, acidic, or volatile materials or other hazardous or improper waste to 1ncluda rubbers tires, oil, dirt or rock and steel shavings. 1 MAV-_2-91 THU 13:52 Staples~Foster~EtAI P.03 Permanent Containers: Any closed, waterproot, plastic or metal container or can with a capacity or volume ot thirty (30) gallons or less and which is capable of containing 9arbage or trash without leaking or emitting odors, and which weighs when loaded, less than fifty (50) pounds per container. ~ecvclable Material: la) Newsoapers, excludinQ maqazines, mail. ~a~er baas, or any other tvne of paper. lass bottle w ndows, ceram ars and (c) Trash: All refuse other than garbage, debris, brush, household furniture and appliances: trash shall include grass clippings, leaves, paper and other household trash except as included in the foregoing definitions. B. Duties of Customer 1. It shall be the duty of every owner, agent, lessee, tenant or occupant of any premises in the city to provide and use containers sufficient in number to hold the garbage and trash accumulating on such premises. exceot as may be provided bv the city's contractor tor recyclable material. 2. Every customer shall keep all garbage and trash containers in use securely closed in such a manner as to prevent the scattering of the contents thereot and to render said contents inaccessible to insects, rodents and other animals. / M8Y- 2-91 THU 13:53 s~aples.Fos~.r.E~AI P.\2I4 ~I ~ 3. Each residential customer shall provide and use containers (disposable or permanent) sufficient in pumber to hold garbage and trash accumulating on the premises. 4.~ Garbage shall not be placed at curbside more than ~~YalVa ~ hours prior to the day of picKuP. All C21 'containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled collection to insure pickup. c. Residential collection - containers and their placement I~ shall be the duty of each residential customer to place garbage and trash as follows: 1. Each residential customer shall place all garbage, trash and brush (if the size of the brush allows) in either disposable containers or in permanent containers at the curbside" on the street bearing such residential customers addresS. 2. All handicapped customers shall De entitled to receive tub-out service trom containers, and accordingly shall place all disposable containers containing garbage and trash at the side or rear of such handicapped customers building or structure no farther back than the rear wall of the building located on the premises in a_ location that will alloW the contractor to gain access to and remove such containers from the premises, provided, however, the contractor shall not be required to enter or be responsible for entering, into garages or behind enclosed fences. 3. Trash and all items included tor residential collection, excluding wet materials or material which will cause disagreeable smells, shall be placed at curbside on the street bearing the customers address ir. disposable containers in such a manner as to prevent such trash from being scattered. 4. All garbage or trash mixed with water or other liquids shall be drained before being placed into a garbage or trash container. MAY- 2-91 THU 13:53 S~Q~I~_.Fo_~~r.E~AI F" . "':::15 5. No residential customer shall place for collection, or permit to be placed for collection or disposal, any hazardous wastes or liquids. 6. The recyclable material shall be di~oosed of an~ 90llected as follows: Rec clable materials shall be laced in a~orooriate recyclinq conta ners furnished bX the City's contractor. D. Residential Collection - Brush Brush that is of such a natura that it cannot be placed in disposable containers shall be cut in lengths not to exc~ed four (4) feet and shall be trimmed and stacked at curbside to a height of not more than three (3) feet. All vines and any thorny bushes shall be placed in a disposable container. No item shall weigh more than fifty (50) pounds per container. A customer may receive a special pick-up upon request tor an additional charge depending on the quantity ot material to be removed. - E. wastes from Building operations Debris, as that term is defined herein, or other trash resulting from construction, major remodeling, general cleanup of property, or resulting from sizeable amounts of trash and debris being cleared in preparation for construction will not be removed by the city as regular service. The owner will have such debris and trash removed at his expense, by either his own crew or by the city contractor. The owner of the building operation shall be responsible for keeping the trash containers in a sightly manner, inside and on the grounds surrounding to the 4 MAY- 2-91 THU 13:54 S~a~les~Fo.~er~E~AI p . ';::1 E. " container. Com~arcial containers may be used and placed at a location on the premises as arranged between the customer and contractor, subject to the review by the City at any time. , F. Duty of Customer to see that containers are emptied Every customer is hereby required to maintain supervision and surveillance over garbage containers on his premises. If, after having timely placed for collection, containers are not collected or emptied and the contents removed, as may be applicable, within twenty-four (24) hours of scheduled collection, the customer shall notify the city garbage contractor and report the non-collection at his address. G. prohibited Acts 1. It shall be unlawful for any person to sweep, throw, or deposit any garbage, trash, debris, stagnant water, or dead animal into, upon, or along any public property or private property of another, except as may be specifically provided by this ordinance. 2. It shall be unlawful for any person owning or otherwise in control of any' premises within the city to permit any of the conditions described in Sec. G (a), hereof to exist upon property owned or controlled by him after having actual or constructive notice thereof. 3. It shall be unlawful for any person to place in any container any material other than as specifically provided in this ordinance; specifically no hazardous or improper waste. 4. containe materia 5. It shall be unlawful for any person to deposit or maintain garbage or trash except as provided for by this ordinance. 6. It shall be unlawful for any person to deposit any burning batch, charcoal, ember or other material in any container used for the disposal of garbage or trash. 5 7. It shall be unlawful for the dumping ot kitchen qarbage and refuse, trash or rubbish or any kind of rubbish including debris frem construction, major remodeling or general cleanup of property in any place within the city or within five thousand (5,000) feet outside ot the City or COlleyville. 8. It shall be unlawful tor any person to burn any garbage, trash or rubbish within the city or within five thousand (5,000) feet outside of the City of Colleyville. . 9. It shall be unlawful for any commercial institution or industrial customer to remove the drain plug from any container. 10. It shall be unlawful for any person to cause damaqe to or permit excessive build-Up of material in containers. H. Residential Collection - Charges The collection and removal of garbage, trash and brush from premises used for residential purposes shall be made two (2) times each week, with a two or three day interval between each collection. The collectio removal 0 ab mater a s aooroved contain s s all be made ne m . ch week. The charges tor such serv ce are hereby establ shed as per Addendum "A" attached hereto Which may be changed trom time to time by Resolution. All charges for services furnished or rendered under this Ordinance shall be due and payable on the date indicated on the bill and if not paid by the 15th day of the month, a ten percent (10%) penalty will be added to the current amount and become due and owing. I. Duties or Commercial, Institutional and Industrfal Customers It shall be the duty of the owner or person othe~~ise in charge of commercial, institutional or industrial premises within the City to cause all garbage and trash accumulated on said premises to be placed in either a garbage can with a tlqht fitting lid, or with the approval of the contractor, in disposable containers, if such disposable containers will not create nuisance. Cans and disposable containers shall be placed at a location on the premises which is readily accessible to the collector and screened where possible, Subject to review by the City at any time. Commercial type containers may be used and may be placed at a location on the premises as arranged between the customer and collector, but subject to review by the City at any time. 6 MAY- 2-91 THU 14:02 S~Q~les.Fos~er.E~AI P.~:::11 J. Commercial, Institutional, and Industrial Collection - Charges 1. Frequency of collection: The collection and removal or qarbage and trash from houses, buildings, and premises used for commercial, institutional, or industrial purposes shall be made as often as necessary in order to maintain such premises free of accumulations ot garbage and trash. In this regard; garbage collection shall be made not less than one (1) time each week. 2. Commercial, institutional and industrial customers shall dispose of garbage and trash by means ot disposable containers or commercial type portable containers meeting city specifications. Additionally, multi-family residential complexes may employ said commercial type containers for garbage and trash collection in the same manner as commercial, institutional and industrial customers. The fair and reasonable charges for such services are determined as set forth in Addendum "A". Whether such customer uses disposable containers or portable containers shall be at the sole direction and approval of the City of Colleyville. 3. Places of wholesale accumulations, such as killing and dressing plants for fowl, wholesale fruit and vegetable houses, retail stores, filling stations and garages, restaurants and cafes, tourist and trailer camps and all other places where the daily accumulation of kitchen garbage and trash and rubbish in more than the ordinary quantities incident to single tarnlly dwelling houses are not to be included in the residential service as herein provided, and such places are required to remove same from the city at their own expense, in the manner and by the method directed by the official designated by the city in charge of garbage disposal. Medical waste shall be handled as prescribed by state Law. K. Heavy Dead Animals Heavy dead animals such as, but not limited to, cows, horses, and mules shall be removed from the city at the expense of the owner or person having sarne in charge in the manner, time and by the method directed by the official designated by the city in charge of garbage disposal. 7 MAY- 2-91 THU 14:03 S~aples~Fos~er~E~AI P.02 L. Collection of charges The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the customer and shall be collected as charges for other city service. M. Manner of Collection, Transportation 1. The collection, removal and disposal of all garbage, trash and rubbish shall be carried on in a systematic, sanitary condition. 2. All vehicles used for the collection and transportation of garbage and trash shall be equipped with suitable covers which shall be used to prevent blowing or scattering of refuse while garbage and trash is being transported for disposal. N. Private Disposal No commercial enterprise, other than City'S contractor(s), shall be employed to remove and dispose of garbage, trash or rubbish within the city, except as prescribed for in this ordinance." 8 MAY- 2-91 THU 14:03 St~pl~s.Fost~r.EtAI F'.03 ADDENDUM "A" Sec. 1 ~esidential Collection - Charqes The charges for such garbage service are hereby established to be $6.62 per residential unit per calendar month and $1.S8 per residential recycling unit per calendar month. Sec. 2 Commercial. Institutional and Industrial Collection Charges CONTAINER RATES 1. 1Wo Yard containers Per Montl'\ 1 dump per week 2 dumps per week 3 dumps per week 4 dumps per week 5 dumps per weel( 6 dumps per week extra pick up $32.61 51. 09 69.57 S8.04 106.52 125.00 14.13 2. Ahree Yard Containers 1 dump per week 2 dumps per week 3 dumps per week 4 dumps per week 5 dumps per week 6 dumps per week extra pick up 3. Four Yard Containers 40.22 67.39 94.51 121.74 148.91 176.09 14.13 1 dump per week 2 dumps per week 3 dumps per week 4 dumps per week 5 dumps per week 6 dumps per week extra piCk up 4S.91 81. 52 114.13 146.74 179.35 211.96 14.13 1 / MAY- 2-91 THU 14:e4 S~aples~Foster~E~AI p.e4 4. six Yard Containers 1 dump per week 2 dumps per week 3 dumps per week 4 dumps per week 5 dumps per week 6 dumps per week extra pick up 67.39 108.70 152.17 195.65 239.13 282.61 16.30 5. Eiaht Yard Containers 1 dump per week 2 dumps per week 3 dumps per week 4 dumps per week 5 dumps per week 6 dumps per week extra pick up 84.78 139.13 193.48 247.83 302.17 356.52 16.30 Cast~r: $5.55 per month additional Locks: $8.89 per month additional Open-Ton construction and DemOlition containers 1. Delivery Fee: $50.00 2. Capacity ot Container (Cubic Yards) 20 cubic yards 30 cubic yards 40 cubic yards Service Charge Per Month Per Load 134.78 134.78 134.78 135.87 135.87 179.35 3. Temporary Use, one (1) or two (2) loads, less than thirty (30) days, but including construction sites for less than twelve (12) months: Delivery fee: $50.00 Rental Charge: $8.70 dollars per day or $134.78 per month, whichever is less. Each load: $135.87 per 30 yards 2 MAY- 2-91 THU 14:04 Staples.Foster,EtAI F'_"~15 Initial payment must be made in advance before container is delivered. container will not be returned to customer after first load unless payment for second load is made in advance. 3