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HomeMy WebLinkAboutO-1968-808 -\ .< :~~\' .- ~, :,.,\: '. ~~.. '. -) ORDINANCE NO. 808 AN ORDINANCE REGULATING THE COLLECTION OF GARBAGE AND TRASH IN THE CITY OF LA PORTE AND ESTABLISHING RATES; PROVIDING FOR THE LICENSING OF COMMERCIAL HAULERS; PROVIDIMG THAT 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 HUNDRED DOLLARS ($200.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING REPEALING AND SAVING CLAUSES; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. Definitions. Construction Debris. The term "construction debris" shall be held to mean all debris and waste materials resulting from building and/or repairs to premises, including but not limited to such itemS as scrap lumber, concrete, brick, scraps, wire, and roofing material. Garbage. The term "garbage" shall be held to mean all animal and vegetable matters, dry kitchen refuse.;. and waste material and refuse from kitchens, groce~y stores, and restaur- ants, including such items as meat scraps; bread, bones, fruit and vegetable peelings, and similar wastes.\ By the term "dry kitchen refuse" is meant the solids after the liquid or slop has I been drained off. Premises. The word "premises" shall be taken to mean business houses, rooming houses, boardinghouses, offices, theaters~ hotels, motels, inns, restaurants, cafes, eating houses, trailer courts, tourist courts, tourist camps, apart- ments~ sanitariums, schools, private residences, vacant lots and all other places within the city where garbage, trash or rubbish accumulates ,in ordinary quantities. Trash. The term "trash" shall mean rubbish, such as feathers, paper, tin cans, rags, glass, broken dishes, boxes, old clothes and shoes; also grass trimmings, tree leaves, hedge trimmings and tree limbs not to exceed three (3) inches in diameter and cut in lengths not exceeding four (4) feet. Tree e Ordinance No. ~ 808 . , Page ,No. 2. limbs shall be securely tied in bundles not to exceed thirty (30) pounds each. ~" COLLECTION FROM RESIDENTIAL UNITS Section 2. Container Specifications. The owner, occupant, tenant, and lessees of each dwelling unit designed for occupancy by one, two or three families, shall provide or cause to be provided for eqch such dwelling unit or residence, either a portable garbage can constructed of galvanized iron, tin, plastic, or other suitable material, with two (2) handles and a tight-fitting cover, having a capacity of not less than five (5) gallons not more than thirty (30) ~allons, and a gross weight when' filled of not to exceed fifty (50) pounds. Alterna- t' l tively, any such owner, occupant, tenant, and lessee of any dwelling unit designed for occupancy by one, two or three families, may provide or cause to be provided for each such dwelling unit or residence, disposable refuse bags, which shall be furnished or approved by the City of La Porte, acting through its City Administrator. Holders for such disposable refuse bags may be obtained from the City of La Porte, for use within the City, upon a cash deposit of Two Dollars and Fifty Cents ($2.50), refundable upon the return of such holders in good condition, normal wear and tear excepted. In addition, the City of La Porte will make available, at the City Hall, approved disposable . refuse bags, at a cost of Twelve Cents (12~) each, which may be purchased in minimum quantities:of ten (10) such disposable refuse bags. Only such refuse bags as are manufactured for use as garbage containers shall be approved by the City. Approved disposable refuse bags may be used by larger multi-unit dwellings, such as apartment houses, hotels and motels upon a finding by the City Administrator that such use is practicable. Such bags may likewise be used for garbage and trash disposal by churches, schools, offices, or any other establlshment,if the City Administrator shall find such use to be practicable, sanitary and not detrimental to the collection ." of such waste by the City. Ordinance No. . 808 e , P~ge No.3. Section 3. Placement for collection. Cans, sa~ks or containers of trash ~nd rubbish and tree limbs (which shall .- be prepared as specified in Section 1 hereof) shall be placed at the curbside of the street, so as to be readily accessible to the City garbage vehicles. Where there is no curb, the City will designate location. The City Sanitation Department shall not make 'collection of garbage or trash where it is not prepared for collection and placed as designated by this Ordinance. Section 4. Maintenance. Garbage cans and sack holders shall be kept in sanitary condition and ~losed tightly. When necessary, lime shall be used at places where receptacles for .' garbage, trash ,and rubbish are located to be collected by the City Sanitation Department to keep down odor and flies. The contents of all receptacles shall be so protected that the wind cannot scatter the same over the streets, alleys and premises of the city. Section 5. Meddling and pilfering. The meddling with garbage cans or tras~ or rubbish receptacles or in any way pilfering from the same or scattering the contents thereof within the city limits is strictly prohibited. Section 6. Monthly service charge for residential garbage collection. There shall be charged, assessed and collected in ~ , e". the manner hereinafter provided, for garbage, trash and rubbish collection by the City from residential dwelling units, which term shall be construed to include duplex units, apartment units, and individual trailer units at trailer courts, the sum of One Dollar and fifty Cents ($1.50) per unit per month. ln the case of apartment units and trailer courts, the owner or his designated representative shall on the first day of each calendar mon~h, certify in writing to the City Adminis- trator of the City of La Porte the number of occupied units on that date, for purposes of computing t~e monthly garbage charge. " In the event such certificate is not iq the hands of the City .-- Administrator by the end of the fourth day of any calendar month, the charge shall be based on the maximum number of units that could be occupied. .~ ~ I.' , , ~ ~, ,-"t . .~ Ordinance No. . , 808 , Page No.4. . The City Administrator may, at his discretion, require any apartment house or trailer court to use the container system for collecting garbage and trash. Nevertheless, it is the intention of the City Commission of the City of La Porte that a month!y charge of One Dollar and Fifty Cents ($1.50) be made on every residential dwelling unit, be it single-family dwelling, duplex, apartment, or trailer, and such charge shall prevail, in the case of residential units, rather than the charges hereinafter provided for" container system service. COLLECTION FROM BUSINESS PLACES Section 7. Monthly service charge for business and commercial use. After the effective date of this Ordinance, certain public, business and commercial institutions shall be designated by the City Administrator to receive sanitation con- tainer system service for the removal of garbage and trash under the rates and rules hereinafter set forth, as routes for such service are established by the City. Under the sanitation container system service, the City will furnish a container, or containers, to be used in the collection and removal of garbage and trash. The collection and removal of garbage and trash from the aforesaid premises shall be made at least twice weekly. The minimum charge for such business and commercial establishments in the City where garbage and trash is picked up twice a week shall be Three Dollars ($3.00) per month, except where the proper operation of a commercial and business establishment requires daily (Saturdays and Sundays excepted) pickup, in which case, the minimum charge for such establishments shall be Eight Dollars' ($8.00) per month. Subject to the foregoing minimum charges, the following formula shall be used to determine the monthly charge for each user of a sanitation container at a business or commercial establishment, to-wit: Number of cubic yards furnished x 50~ per cubic yard x No. of pickups per week x 52 weeks 12 months = Monthly charge ,/~\ '~."~::'\ " I , 1 . ~ i~. , '~.rri' , Ordinance No. 808 , p~ge No.5. . Section 8. When the container smallest in size will adequately.and completely serve several business institutions, they may be required to use the same container and pay a pro rata part of the charge, determined according to the approxi~ mate relative quantity of space used, but in no event shall any user pay any less than the minimum charge hereinabove established. Section 9. Lids and end doors of all containers shall be kept closed at all ~imes except when the container is being filled. Empty boxes shall be flattened before placing in containers. Section 10. 'It shall be unlawful for any person to disturb a sanitation container furnished by the City or the contents thereof. " However; this subsection shall not apply to the owner or occupant of the premises for which such container has been furnished, nor to their employees, nor to the duly authorized employees of the City. Section ll~ It shall be unlawful to make a fire or burn any material in a sanitation container furnished by the City or to ; -paint or mark upon same, or to place any poster, placard or sign upon same. Section 12. Whenever it has been determined as set forth above that any owner or occupier of a premise will receive sanitation container" system service for the removal of garbage and trash, it shall pe unlawful for such owner or occupier to allow any accumulation of ~arbage or trash, as defined in this article, around said container or in the vicinity of said con- tainers and it shall be their duty to place all garbage and trash i'nto said containers. The use of any other system of garbage container for collection by the sanitation department, when sanitation container system service is provided, other than as set forth above, shall be unlawful. Section 13. The minimum charge set out herein will remain in effect and will apply to all business establishments regardless of w?ether or not the establishment uses the collection services of the Sanitation Division. . Ordinance No. '- 808 " Page No.6. e Section 14. The minimum charge will be.stopped only if both of, the following requirements are met: The house or ~ '16' ., building is unoccupied and the water service to the house or building is suspended. GENERAL PROVISIONS APPLICABLE TO BOTH RESIDENTIAL AND BUSINESS AND COMMERCIAL GARBAGE COLLECTION Section 15. Collection of charges. The Water Department shall include on its: monthly bills mailed to persons who receive the services specified in this Ordinance, the charge designated for the trash and garbage collection and removal services rendered to the premises of those persons. The charges fixed by this Ordinance shall be payable to the City on or before the ~ due date specified on such billing. In the event any person '~~ receiving services does not have a water connection billing, then a separate monthly bill shall be sent to such person, and in that event the specified charges for trash and garbage collec- tion shall be due on or before the tenth day following the mailing of the "$eparate bill. Section 16. Hauler's permit. The owner or person in charge of any premises may remove or contract for the removal of any garbage or trash, or,both, otherwise than by the Sanitation Division, if the hauler complies with the requirements of this Section. ,~ -\ (A) Permit~ required. No person (other than the City and its employees acting in the scope of their employment) shall collect, remove or dispose of garbage or trash from any premises within the City, except premises owned or controlled by the person, without first obtaining a permit therefor in accordance with the following provisions: (l) A garbage hauler's permit entitles the holder to collect, remove and dispose of garbage from the premises of others with their consent. The holder of such permit shall not collect, remove or dispose of trash, and shall not make any agreement with another to collect, remove or ~, ~: \ ~' \ . ~..... dispose of trash. ~ 'e.\, ~...t......_ ( --r;4.;:~" - , , "'!!! ~, ',,;:;\ \ ,,' ~, "w.'-'\' ;. .3" r- . J';. ". . Ordinance No. 808 . , ,P~ge No.7. (2) A commercial hauler's permit entitled the holder to collect, remove and dispose of garbage and/or trash from the premises of others with their consent. (-3) A trash hauler's permit entitles the holder to collect, remOve and dispose of trash from the premises of others with their ,consent. The holder of such a permit shall not collect, remove or dispose of garbage and shall not make any agreement with another to collect, remove, or dispose of garbage. (4) As a prerequisite to obtaining a hauler's permit, each vehicle intended to be used in providing such service shall be made available to the appropriate authori-ty": of the City of La Porte, for measurement of the capacity and cubic yards of such vehicle. Such measured capacity of each such vehicle shall be clearly painted or stencilled in a prominent place on each said vehicle, and such capacity, shall be used in determining the fee to be assessed for disposal at the dump grounds which may be maintained from time to time by the City of La Porte, as hereinafter provided. Each vehicle shall be provided with an adequate cover for garbage and trash, which shall be kept in place except when loading and unloading. Section 17.- Permit fees for use of dump grounds. The following fees shall be assessed and paid to obtain a permit to depo'si t trash, waste, garbage or refuse on the City's dump grounds: $ 1.00 per CUbic yard of such trash, waste, garbage or refuse, provided, .however., that there shall be a minimum charge of $ 1.00 per load, in the event said load comprises less than one full cubic yard. Section 18. Exc~ption to permit fees. It shall not be necessary for a,householder of the City of La Porte to apply for a permit to dispose of trash, waste, garbage, or refuse of any nature at the City's dump grounds, so long as said house- holder is personally disposing of trash, waste, garbage, or refuse, collected from the premises that constitute his ~ 'er I Po ' \1 . ,~ , -~, ''"- 'WI ~, ! l.,..( ~ ~.~.. ...;!.J . Ordinance i ~\ NO.' 808 , Page No.8. . ) residence, if said residence is located within the City limits of the City of La Porte, Texas. The person in charge of the dump grounds shall require proper identification as may be necessary to show proof of residency in the City of La Porte. Section 19. Construction debris. The City Sanitation Division will not pick up or dispose of construction debris. Construction debris may be deposited at the City's dump groundS upon payment of the permit fees established in Section 17 hereof. Section 20. Penalty. Any violation'ofany of the terms of this Ordinance whether herein denominated as unlawful or not, shall be deemed a misdemeanor; and any person convicted of any such violation shall be fined in a sum not to exceed Two Hundred Dollars ($200.00); each day of the continuance of such violation shall be considered a separate offense and be punished separate- ly; and any person, agent or employee engaged in any such violation shall on conviction be so punished therefor. Section 21. Ordinances 665, 665-A, 665-B, Ordinance No. 589-A and Ordinance No. 589-B, are hereby expressly repealed. In addition, all ordinances and parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 22. Saving clause. If any section, paragraph, clause or sentence shall be declared void and unenforceable or unconstitutional, 'it is hereby declared to be the intention of the Commission that the remainder of such Ordinance shall remain in full force ,and effect. Section 23. This Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED AND APPROVED, this the 4th day of December, 1968. ATTEST: Texas ~.AI-":./ )~~.P~~ C~ ty Clerk '........ APPROVED: City Attorney --..-.;"