HomeMy WebLinkAboutOrdinances (O-90-770)-04/17/1990
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b ORDINANCE NO. 0-90-770 0
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ORDINANCE AMENDING CHAPTER 11 OF THE COLLEYVILLE CODE AND q-
EGULATING THE DISPOSITION OF GARBAGE WITHIN THE CITY OF
COLLEYVILLE, TEXAS; SETTING FORTH DEFINITIONS; REQUIRING
~ESIDENTIAL GARBAGE AND TRASH TO BE PLACED AT THE CURB;
~STABLISHING CHARGES FOR GARBAGE SERVICE; REQUIRING TRASH TO BE
~REPARED FOR PICKUP; PROHIBITING LITTERING AND THE MAINTENANCE OF
HTTERED PREMISES; PROHIBITING THE DEPOSITING OF BURNING
TERIALS; PROHIBITING GARBAGE OR TRASH COLLECTION WITHOUT A
ICENSE EXCEPT BY THE CITY AND THOSE WITH WHOM IT CONTRACTS FOR
~ERVICE; SETTING FORTH STANDARDS OF LICENSES; REQUIRING BUILDING
~PERATIONS WASTE TO BE REMOVED BY MEANS OTHER THAN ORDINARY
ICKUP; PROVIDING A PENALTY AND PROVIDING FOR PUBLICATION OF THIS
APTION AND THE PENALTY CLAUSE HEREOF.
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FEREAS ·
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~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
tOLLEYVILLE, TEXAS:
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the City Council desires to set forth requirements and
standards for garbage pickup in order to protect the
health and safety of the citizens of Colleyville;
ec. 1. That Chapter 11 of the Colleyville Code be amended by
15 adding thereto a Section 3 providing as follows:
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"Sec. 3. 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.
Debris: Dirt, concrete, rocks, bricks or other waste
building materials.
Disposable container: Any plastic bag, cardboard, metal or
wooden box having no outside dimension of more than four (4)
feet 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.
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Ordinance 0-90-770
Garbaqe: 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.
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.
Permanent containers: Any closed, waterproof, plastic or
metal container or can with a capacity or volume of thirty
(30) gallons or less and which is capable of containing
garbage or trash without leaking or emitting odors, and which
weighs when loaded, less than fifty (50) pounds per
container.
Hazardous Waste: All fecal material, oil sludge, and any
radioactive, pathological, toxic, acidic, or volatile
materials or other hazardous or improper waste to include
rubbers tires, oil, dirt or rock and steel shavings.
commercial containers: Metal containers supplied by
contractor affording adequate capacity to service a customer
so as to prevent spillage, unsightly, and unsanitary
conditions.
Curbside Service: Garbage to be picked up by the contractor
which will be located at the curbside of the street bearing
the customers address.
Handicapped 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.
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.
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 thereof and to
render said contents inaccessible to insects, rodents
and other animals.
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Ordinance 0-90-770
3.
Each residential customer shall provide and use
containers (disposable or permanent) sufficient in
number to hold garbage and trash accumulating on the
premises.
4.
Garbage shall not be placed at curbside more than twelve
(12) hours prior to the day of pickup. All 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
10 It shall be the duty of each residential customer to place
garbage and trash as follows:
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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 be entitled to receive
tub-out service from 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 for residential collection,
excluding wet materials or material which will cause
disagreeable smells, shall be placed at curbside on the
street bearing the customers address in 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.
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Ordinance 0-90-770
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5.
No residential customer shall place for collection, or
permit to be placed for collection or disposal, any
hazardous wastes or liquids.
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D. Residential Collection - Brush
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Brush that is of such a nature that it cannot be placed in
disposable containers shall be cut in lengths not to exceed
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 for an
additional charge depending on the quantity of material to be
removed.
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E. Wastes from Building Operations
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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
container. Commercial 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.
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F. Duty of Customer to see that containers are emptied
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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.
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I Ordiar.nce 0-90-770
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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. It shall be unlawful for any person to deposit or
maintain garbage or trash except as provided for by this
ordinance.
5. .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.
6. It shall be unlawful for the dumping of kitchen garbage
and refuse, trash or rubbish or any kind of rubbish
including debris from construction, major remodeling or
general cleanup of property in any place within the city
or within five thousand (5,000) feet outside of the City
of Colleyville.
7. It shall be unlawful for 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.
8. It shall be unlawful for any commercial institution or
industrial customer to remove the drain plug from any
container.
9. It shall be unlawful for any person to cause damage to
or permit excessive build-Up of material in containers.
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Ordinance 0-90-770
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 charges for such service are hereby
established as per Addendum "A" attached hereto which may be
changed from 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 of Commercial, Institutional and Industrial
Customers
It shall be the duty of the owner or person otherwise 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
tight 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.
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J. Commercial, Institutional, and Industrial Collection
- Charges
Frequency of collection: The collection and removal of
garbage 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 of 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 of disposable
containers or commercial type portable containers
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Ordinance 0-90-770
meeting city specifications. Additionally, mUlti-family
residentail 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 family 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 same in charge in the manner, time
and by the method directed by the official designated by the
city in charge of garbage disposal.
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.
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Ordinance 0-90-770
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, shall
be employed to remove and dispose of garbage, trash or
rubbish within the city, except as prescribed for in this
ordinance."
ec. 2. 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.
13 ec. 3. 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.
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~D IT IS SO ORDERED
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4. Repealer
This ordinance shall be in full force and effect after its
adoption and publication as provided by law, and, at that
time, all ordinances and parts of ordinances in conflict with
these rules are hereby re-appealed, including, but not
limited to, Section 4 (e) of Chapter 7 of the Colleyville
Code.
hearing being conducted on the
, 1990.
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Ordinance 0-90-770
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r~~cond reading a~~u~l)jc hearing being conducted on the
Yday of ~ ' 1990.
4 I he t~rd reading a~PUb~i~ hearing being conducted on the
-r'f(j day of _-I:!- ' 1990.
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APPROVED: May 1, 1990
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CITY OF COLLEYVILLE
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L-.' '. '/.A--c" A~/ ~
rl.s Hawkl.ns
Mayor
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The charges for such service are hereby established to
be $5.75per residential unit per calendar monthp plus
a 7.5% 'franchise fee and plus the State sales tax for a
Ir current monthly total of $6.61.
7 ec. 2 Commercial, Institutional and Industrial Collection
, Charqes - rates quoted do not include the franchise fee
8 or the State sales tax.
~ONTAINER RATES
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! Ordinance 0-90-770
ADDENDUM "A"
ec. 1
Residential Collection - Charqes
1.
Two Yard Containers
Per Month
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
$32.61
51.09
69.57
88.04
106.52
125.00
14.13
2. Three Yard Containers
1 dump per week 40.22
2 dumps per week 67.39
3 dumps per week 94.57
4 dumps per week 121. 74
5 dumps per week 148.91
6 dumps per week 176.09
extra pick up 14.13
3. Four Yard containers
1 dump per week 48.91
2 dumps per week 81.52
3 dumps per week 114.13
4 dumps per week 146.74
5 dumps per week 179.35
6 dumps per week 211. 96
extra pick up 14.13
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II Ordinance 0-90-770
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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. Eiqht 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
Caster:
$5.55 per month additional
Locks:
$8.89 per month additional
Open-Top Construction and Demolition Containers
1. Delivery Fee: $50.00
2.
Capacity of Container
(Cubic Yards)
service Charge
Per Month Per Load
20 cubic yards
30 cubic yards
40 cubic yards
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
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Ordinance 0-90-770
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.
4. Commercial Hand Loading Fees
Number of Baqs Number of Weeklv Contractor
Collections Monthlv
Compensation
1-2 2 $ 9.00
3 11. 00
4 13.00
5 15.00
6 17.00
3-4 2 11. 00
3 15.00
4 19.00
5 24.00
6 29.00
5-6 2 13.00
3 19.00
4 25.00
5 31. 00
6 37.00
7-8 2 15.00
3 23.00
4 31.00
5 39.00
6 47.00
9-10 2 17.00
3 27.00
4 37.00
5 47.00
6 57.00
5. The quoted rates will be firm for a period of five (5)
years excluding any increase in the State's landfill
user fee or any increase in City, County, State or Federal
regulations affecting the cost of solid waste service to
the City of Colleyville.
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