HomeMy WebLinkAboutO-1996-2139
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ORDINANCE NO. 96 - 2139
AN ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING 'rHAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND EACH DAY OF VIOLATION
SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF :LA PORTE:
Chapter 12, "Garbage and Trash" of the Code o:E Ordinances of
the City of La Porte, is amended to read as follows:
SECTION 1. DEFINITIONS. As used in this chapter, unless the
context clearly requires otherwise, the following definitions shall
apply:
GARBAGE. The term "garbage" shall mean all animal and
vegetable matters, dry kitchen refuse, and wastE~ material and
refuse from kitchens, residences, grocery stores, butcher shops,
restaurants, hotels, and rooming and boardinghouses, including such
items as meat scraps, bread, bones, fruit and veget:able peelings,
and similar wastes, and other deleterious substancef; and any other
matter commonly understood as garbage.
TRASH. The term "trash" shall mean rubbish, boxes, and
appliances; also grass trimmings, shrubs, tree leaves, hedge
trimmings and tree limbs not to exceed six (6) inches in diameter
and cut in lengths not exceeding ten (10) feet, or tree limbs
exceeding six (6) inches in diameter cut in lengths not to exceed
four (4) feet, and all debris and waste material resulting from
building construction and/or repairs to any residential premises.
Under the terms of this ordinance, "trash" shall be limited to a
total of ten (10) cubic yards for anyone pick-up cycle.
EXCESSIVE TRASH. The term "excessive trash" shall mean all
waste defined as trash that exceeds ten (10) cubic yards for any
one pick-up cycle.
COMMERCIAL TRASH. The term "commercial trash" shall mean all
waste and debris that results from the operation or development of
any commercial establishment or enterprise, including those defined
in section 13; any new construction, or as a result of clearing,
demolition, development or construction on any vacant lot or parcel
of real estate.
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RECYCLING SERVICES The term "recycling services" shall mean
the collection, including a fixed location for drop-off by
residents or curb-side, and sale of articles disposed of by
businesses and residents for reuse, including, but not limited to
newspaper, cardboard, aluminum, steel, and plastic.
VEHICLE. The term "vehicle" shall mean every device in or by
which any person or property is or may be transported or drawn upon
a public highway.
SECTION 2. CONTAINER SPECIFICATIONS. The owner, occupant, tenant,
and lessees of each dwelling unit designed for occupancy by one,
two or three families shall place household waste to be collected
by the City, in plastic bags provided by the City, or other plastic
bags, provided the bags are minimum 2 mil thick, or any other
container provided by, or specifically approved by the city.
Household garbage shall not be placed in cans, boxes, grocery
sacks, or any other container except those described above and
approved by the City for the collection of household garbage.
A supply of garbage bags shall be furnished to each dwelling
periodically, to be picked up at City Hall, or at any other
location selected by the City. Additional bags may be purchased at
City Hall by the roll only. Residents eligible to receive bags
will, from time to time, receive a coupon, redeemable for a supply
of bags at a location set by the city. The coupon shall expire
upon issuance of the next series of coupons.
Bags will be sold to residents of La Porte only. The price shall
be the City's cost, plus an administrative fee equal to the cost to
purchasing and distribution costs, with such fee to be established
by the Director of Finance. Bags must be purchased by an adult,
with a current water bill, stub, or proof of residence must be
shown in order to purchase said bags. The price of said bags may
be paid in cash at City Hall, or will be charged to purchase's
water bill and collected at the due date and shall be considered a
part of the purchaser's water bill.
SECTION 3. TIME OF PLACEMENT FOR COLLECTION. Disposable refuse
bags shall not be placed for collection, as provided in Sec. 7 no
earlier than 5: 00 A.M. nor later than 7: 00 A.M. on the day of
collection. Trash shall be placed for collection no later than
7:00 A.M. on the first scheduled collection day and no earlier than
7:00 A.M., five days prior to the first scheduled collection day.
SECTION 4. MAINTENANCE OF DISPOSAL REFUSE BAGS. Disposal refuse
bags shall be kept in a sanitary condition and closed tightly by
tying. The contents of all plastic garbage bags shall be so
protected that the wind and animals cannot scatter the same when
placed for collection.
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SECTION 5. MEDDLING WITH. PILFERING FROM. ETC..DISPOSABLE REFUSE
BAGS. It shall be unlawful for any person to meddle with any
disposable refuse bags placed for collection or in any way pilfer
from or scatter the contents thereof within the City limits.
SECTION 6.COLLECTION OF TRASH.
(a) The City's Solid Waste Division will collect trash as
defined in section 1, from residential customers only on scheduled
trash days.
(b) The owner of any lot or parcel of real E~state which is
found to have excessive trash as defined in section 1 will be
notified in writing to have the trash removed within ten working
days. If this is not done, the city will cause its removal and the
owner will be billed as outlined in this paragraph. The cost of
pickup and disposal will be at the current rate specified in the
contract between the city and its commercial waste contractor.
Customers wanting the removal of unusual or excessive amounts of
trash shall contact the City Solid Waste Division, ll7hich will have
a supervisor contact the customer, examine the trash to be removed,
and advise the customer of the approximate cost. The customer will
be requested to sign an authorization to the City to remove the
trash, which authorization shall state the approximate cost to be
billed to the customer. Such charge will be paid in advance, or
charged upon the customer's water bill and collec1:ed at the due
date, and shall be considered a part of the customer's water bill.
Excessive trash will be collected by the City's commercial
contractor.
(c) The City's Solid Waste Division will not collect
commercial trash as defined under section 1. Removal and disposal
shall be the responsibility of the property owner. Placement of
commercial trash at the curb shall be considerE~d dumping as
outlined under Section 10. Customers desiring the removal of
commercial trash by the City's commercial contractor shall follow
the procedure as outlined under Section 6 (b) above.
(d) The City's Solid Waste Division will collect all other
trash on scheduled trash days. All other trash will include such
items as washers, dryers, refrigerators or other bulky items which
weigh in excess of fifty (50) pounds. Refrigerators shall have
doors removed prior to being set out for collection.
SECTION 7. PLACEMENT FOR COLLECTION.
(a) Disposable refuse bags of garbage and trash, and rubbish
and tree limbs, shall be placed at the curbside of the street, in
front of the property, within three feet of the curb, so as to be
readily accessible to the City Solid Waste vehicles. Where there
is no curb, the City will designate the location.
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(b) Trash shall not be placed next to fences, mail boxes,
structures, in streets or alleys, in drainage structures or
ditches, under power lines or low hanging trees. Trash placed in
these areas or other areas that are considered hazardous to crews
or equipment will not be collected.
SECTION 8. CITY NOT TO COLLECT UNLESS CHAPTER COMPLIED WITH. The
city Solid Waste Division shall not collect garbage or trash where
it is not prepared for collection and placed as designated in this
chapter. Failure to remove and dispose of unauthori.zed garbage and
trash shall be a violation of this ordinance. The City reserves
the right to have the garbage and trash removed by the city's
commercial contractor and billed to the owner, as outlined under
Section 6(b).
SECTION 9. GARBAGE AND TRASH NOT COLLECTED BY THE CITY.
(a) The City' s Solid Waste Division will not collect and
dispose of tires, automotive waste oil, concrete, brick, rock or
earthen material of any kind. Tires and automotive waste oil will
be accepted at the city's Recycling Center in small quantities only
from residential customers. Residents with concrete, brick, rock,
or earthen material must make arrangements wi.th a private
contractor or haul the above to an approved site accepting this
type of waste. Businesses shall follow approved Texas Natural
Resource Conservation commission regulations for proper disposal of
tires and automotive waste oil.
(b) Demolition debris from any structure, whether ordered
demolished by the City or not, as well as large accumulations of
trash on vacant lots, will be considered commercial trash, and will
not be collected by the City Solid Waste Division. Property owners
will be responsible for the proper disposal of demolition debris
and debris from vacant lots through personal means or by contacting
the city's commercial solid waste contractor for removal of
demolition debris.
(c) Hazardous materials, whether placed for collection or
commingled with residential or commercial garbage or trash; any
closed containers, cans, pails, drums or barrels c:ontaining any
substance. Paint and solvent containers of any kind will be empty,
with any lids removed to allow any residual product to dry or
evaporate prior to being placed for collection.
SECTION 10. PROHIBITED DUMPING GENERALLY. It shall be unlawful
for any person to dump, unload, diSCharge, or in any manner place
thereon or cause to be placed thereon, any garbage, trash, or other
waste materials, except as specifically allowed in this Chapter, on
any lot, tract or parcel of land located within the City limits,
except at Solid Waste landfills which are owned, maintained,
operated, or contracted by the City, or at such places as are
designated for Solid Waste Disposal by the Texas Natural Resource
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Conservation Commission.
SECTION 11. DEPOSIT ON STREETS. SIDEWALKS OR OTHER PUBLIC PROPERTY'.
It shall be unlawful for any person to throw or deposit upon any
street, highway, right-of-way, easement, or other public property,
garbage, trash, or any other substance. Additionally, placement
for collection of garbage and trash prohibited elsewhere in this
ordinance, including but not limited to commercial trash, shall
constitute a violation of this section.
SECTION 12. REMOVAL OF INJURIOUS MATERIAL FROM STREETS.
(a) Any person who drops, or permits to be dropped or thrown,
upon any street, highway, right-of-way, easement, or other public
property, any destructive or injurious material, or other material
such as dirt, shell, oil, etc., which would be detrimental to the
use or appearance of such street, highway, right-of.-way, easement,
or other pUblic property, shall immediately remove the same or
cause it to be removed.
(b) Any person removing a wrecked or damaged vehicle from a
street or highway shall remove any glass or o.ther injurious
substance dropped upon the street or highway from l:;uch vehicle.
SECTION 13. CONTAINER SERVICE WHEN REOUIRED.
(a) Public, business and commercial institutions and
establishments shall use the City's or the city-authorized
contractor's solid waste container service for t.he removal of
garbage and trash when weekly average volumes exceed two (2) cubic
yards per week.
(b) MUlti-family projects containing four (4) or more units,
including Manufactured Housing or Mobile Homes, whether or not said
Manufactured Housing or Mobile Homes are located within a
Manufactured Housing or Mobile Home park or subdivision approved by
the city of La Porte pursuant to City of La Porte Ordinances 1501
and 811, or amendments thereto; and multiple residences receiving
water service through a common water meter(s) shall use the city's
or the city-authorized contractor's solid waste container system
service for the removal of garbage and trash.
SECTION 14. CITY' TO FURNISH CONTAINERS. Under the city's solid
waste container system, the city, or the city's authorized
contractor, will furnish a container, or containers, to be used in
the collection and removal of garbage and trash. Public, business,
and commercial institutions and establishments using the City's or
the city-authorized container system for the removal of garbage and
trash shall provide a readily accessible site for placement of
container(s) on the institution or establishment's property.
Locating containers in streets, rights-of way, the traveled portion
of alleys, and sight triangles as defined in Ordinance 1501 is
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prohibited. Maintenance of the site, together with the approach
shall be the responsibility of the owner. Neither the city nor its
Contractor will be responsible for damage caused by collection
vehicles to driveways, parking lots or other sites.
SECTION 15. FREOUENCY OF COLLECTION AND REMOVAL. The collection
and removal of garbage and trash by the city's Solid Waste Division
or the city-authorized contractor from any owner or occupier of any
premises receiving the City's or the City-authorized contractor
container system service shall be at least once a 'week.
SECTION 16. ACCUMULATION OF GARBAGE AND TRASH AROUND
CONTAINER. Whenever any owner or occupier of any premise shall
receive the city's or its authorized contractor's container system
service for the removal of garbage and trash, it shall be unlawful
for such owner or occupier to allow any accumulation of garbage or
trash around such solid waste container or in the vicinity of such
container. It shall be such owner's or occupant's duty to place
all garbage and trash into such container, or arrange for its
removal and disposal by the City's commercial contractor.
SECTION 17. LIDS AND DOORS OF CONTAINERS TO BE CLOSED: EMPTY
BOXES TO BE FLATTENED. Lids and end doors of all containers
furnished under this article shall be kept closed at all times
except when the container is being filled. Empty boxes shall be
flattened before placing in such containers. Items that are larger
than the container and that would extend out of the container
opening shall not be placed in the container.
SECTION 18. DISTURBING CONTAINERS OR CONTENTS. It shall be
unlawful for any person to disturb a solid waste container or the
contents thereof. This section shall not apply tC) the owner or
occupant of the premises for which such container has been
furnished, or to his employees or to the duly authorized employees
of the City or its authorized contractor.
SECTION 19. BURNING MATERIAL. DEFACING. ETC.. CONTAINERS
PROHIBITED. It shall be unlawful for any person to make a fire or
burn any material in a Solid Waste container or to paint or mark
the same, or to place any poster, placard, or sign upon the same.
SECTION 20. USE OF UNAUTHORI ZED CONTAINERS PROHIBITlm. The use of
any other garbage and trash container for collection by the city or
its authorized contractor, when the City or its authorized
contractor container system service is provided, other than set
forth in this chapter, shall be unlawful.
SECTION 21. UNAUTHORIZED USE OF CONTAINERS. It shall be unlawful
for any person to deposit any garbage, trash, or other material in
any container furnished by the City or its authorized contractor
other than the owner or occupant of any premise that is paying for
the container service.
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SECTION 22. PROHIBITED ITEMS FOR CONTAINERS.
(a) It shall be unlawful to place any item in any container
furnished by the City or its authorized contractor that because of
weight, size, or other physical property, could cause damage to the
collection vehicle. These items include, but are not limited to,
anyone item over three (3) feet in any dimension, anyone item
weighing in excess of fifty (50) pounds, any concrete, masonry
products, or earthen material.
(b) Hazardous materials of any type or quantit.y either placed
separately or commingled with any other garbage or trash.
(c) Persons, businesses, and other entities placing such
items in any container furnished by the City or its Contractor will
be required to remove the same before collection will resume.
SECTION 23. RATES PRESCRIBED - FOR RESIDENCES.
(a) There shall be charged, assessed and collected, for
garbage, trash and other rubbish collection by the City from
residential dwelling units, which term shall bE~ construed to
include duplex units, individual mUlti-family units, and individual
mobile homes at mobile home parks, the sum of seven dollars and
fifty cents ($7.50) per unit, per month.
(b) Such monthly charge on every residential dwelling unit,
be it single-family dwelling, duplex, mUlti-family or mobile home,
shall prevail, rather than the charges provided in this article for
the City's or its Contractor's solid waste container system
service, whether or not the individual duplex, mUlti-family, or
mobile home space is occupied.
SECTION 24. SAME - FOR BUSINESS AND COMMERCIAL ES'I'ABLISHMENTS.
(a) The minimum charge for business and commercial
establishments in the City where garbage and trash is picked up
twice a week shall be eight dollars and fifty cents ($8.50) per
month.
(b) Subject to the foregoing minimum charges for business and
commercial establishments, the following shall be used to determine
the monthly charge for each user of solid waste containers
furnished by the City or its Contractor at a business or commercial
establishment:
Number of cubic yards furnished:
x $2.00 per cubic yard
x number of pickups per week
x 52 weeks
= Monthly charge
12 months
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(c) When a solid waste container furnished by the City or its
Contractor will adequately and completely serve several business
and commercial establishments, such establishments may be required
to use the same container and pay a pro rata part of the charge,
determined according to the approximate relative quantity of space
used, but to no event shall any user pay any less t,han the minimum
charge established by this section for such business and commercial
establishments.
(d) The minimum charge will not be imposed on any business or
commercial establishment if the house or building is unoccupied and
the water service to the house or building is suspended.
SECTIONS 25. BILLING AND COLLECTION. The Customer Service
Division shall include on its monthly bills mailed to persons who
receive the garbage and trash collection and removal services
provided by the city or its authorized contractor and specified in
the chapter, the charge designated for such services rendered to
the premises of such persons. The charges fixed by the article
shall be payable to the City on or before the due date specified on
such billing. In the event any person receiving such service does
not have a water connection billing, then a separa1:e monthly bill
shall be sent to such person, and in that event the specified
charges for trash and garbage collection shall be due on or before
the tenth day following the mailing of the separatE~ bill.
SECTION 26. PRIVATE HAULERS.
(a) It shall be unlawful for any person, other than the City
and its employees acting in the scope of their employment, or a
private contractor acting as the city's independent contractor, to
collect, remove or dispose of garbage, trash, or rubbish from any
premises within the City, except premises owned or controlled by
such persons.
(b) The City, or its authorized contractor, shall be the sole
provider of recycling services for the general public within the
city. It shall be unlawful for any person, firm or organization to
place, or have placed, any recycling container for the purpose of
soliciting use by or for the general public. Any person, firm or
organization may place, or have placed, a recycling container
intended for the use of its members or employees only. Such
container must be labeled "For Private Use Only" and must be
located on property owned or controlled by the person, firm or
organization.
SECTION 27. VEHICLES USED BY CONTRACTED AND PRIVATE HAULERS.
(a) All vehicles used by Contracted haulers, private haulers,
and nonresident haulers, shall meet the minimum requirements stated
under the below described classes, whichever is most applicable.
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CLASS I
Persons contracted by the City engaging in the business of
collecting, hauling, and disposing of trash, garbage, rubbish, or
commercial or institutional establishments, that operate or travel
through the Corporate City Limits of the City of La Porte shall use
vehicles meeting the following specifications.
(1) Vehicles used for collection and transportation of
garbage as defined in section 12-1 shall utilize a totally closed
metal body. Open top trucks shall not be used for collection and
transport.
(2) Vehicles used for the collection of trash and
construction debris shall have a metal or wooden body enclosed on
all four (4) sides. Open back bodies shall not be used for the
collection and transportation of trash or construction debris.
Where necessary, as defined in Texas Transportation Code,
Transporting Loose Materials, Chapter 725, a top or other cover
shall be provided to prevent loss during transport.
(3) Vehicles used for the collection of commercial garbage,
trash, and rubbish in containers left on-site to be picked up on a
regular basis, shall utilize a metal, totally enclosed body for the
collection of containers. Containers shall be manufactured of
metal, plastic, or fiberglass, and shall be maintained and operated
so as to prevent the spilling of liquid, trash, garbage,or rubbish.
CLASS II
Contractors, tree trimmers, and commercial establishments hauling
non-putrescible material on a regular basis shall be considered
special permit haulers. No permit shall be required for this
classification.
(1) Equipment shall be so designed as to prevent any loss of
trash, or rubbish due to spillage, blowing, or other means during
transport. Where necessary, as defined in the Texas Transportation
Code, Transporting Loose Materials, Chapter 725, a top or other
cover shall be provided.
(2) In no case, shall such equipment be used to collect or
transport putrescible material.
CLASS III
Residential subscribers hauling their own unusual accumulations of
trash, garbage, or rubbish on an irregular basis, shall use
equipment specified for Class II haulers with the following
exceptions.
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(a) Putrescible materials must be carried in a container that
will prevent any loss due to spillage or other means and that is
not accessible to rats, varmints, rodents, or other vectors. These
classes shall at all times comply with all applicable City
Ordinances and state and Federal statutes, and shall be cumulative
upon thereof.
SECTION 28. VEHICLES TO BE COVERED. It shall be u.nlawful for any
person to operate on the streets of the City of La Porte, a vehicle
carrying garbage or trash, without providing an adequate cover for
the garbage and trash, which shall be kept in place except when
loading and unloading.
SECTION 29. PENALTY FOR VIOLATION OF ARTICLE. Any person, as
defined in section 1.07(26), Texas Penal Code, who shall violate
any provision of this ordinance, shall be guilty of a misdemeanor
and upon conviction shall be fined in an amount not to exceed two
thousand dollars ($2,000.00). Each day of any such 'violation shall
be deemed a separate offense.
SECTION 30. SEVERABILITY. If any section, sentence, phrase,
clause, or any part of any section, sentence, phrase, or clause of
this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this
ordinance, and it is hereby declared to be the intention of this
City Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase or clause, or part thereof, may be
declared invalid.
SECTION 31. OPEN MEETINGS. The City Council officially finds,
determines, recites, and declares that a sufficient notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SECTION 32. EFFECTIVE DATE. This Ordinance shall be effective
fourteen (14) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official
newspaper of the City of La Porte at least twice within ten (10)
days after the passage of this ordinance.
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PASSED AND APPROVED, this the 14th day of Oc:tober
ATTEST:
~~
Sue Lenes, City Secretary
AP6:eJ~
Knox W. Askins, City Attorney
By:
11
, 1996.
CITY' OF LA PORTE
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PAGE 8 - THE BAYSHO~ SUN, WEDNESDAY, OcrOBER 1.3, 1996
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PUBLIC NOTICE
ORDINANCE NO. 96-2139"
AN ORDINANCE AMEN~itJG 'c:i~~PTER
12, "GARBAGE AND TRASH"" OF THE,
CODE OF ORDINANCES OF THE CITY
OF'LA PORTE; PROVIDING THAT ANY
PERSON VIOlATI!'IG THE TERMS a:~!8.
ORDINANCE SHALL BE DEEMED
,GUILTY OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN
ANY SUM NOT TO EXCEED ~6
, THOUSAND DOLLARS ($2,000.00), ANQ
EACH DAY OF VIOLATION SHALL BE
DEEMED" A SEPARATE OFFENSE:
CONTAINING A SEVERABILITY CLAUSEI
'FINDING COMPLIANCE WITH THE;
OPEN" , MEETINGS LAW;' AND
PROVIDING AN ~EFFECTIVE DATE
HE~EOF. ,". ' .'.' ;:
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el'N OF LA PORTE",f
.slNorm8n C. Malone,:"
MaYor, ~, . ,,',
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ATTEST: -' ' '0'
slSue'Lenes' -' . '
City Secretary , . "
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APPROVED:
s.IKnox Askins
C~ty Atto~ey