ORD CC 08/21/73 - Garbage-RefuseAN ORDINANCE AMENDING CHAPTER 9, GARBAGE AND REFUSE ORDINANCE OF
THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING
SECTION 9 -1, DEFINITIONS, BY ADDING THERETO DEFINITIONS OF VARIOUS
TERMS; BY AMENDING SECTION 9 -8, IN ITS ENTIRETY AND BY SUBSTITUTING
THEREFORE A NEW SECTION 9 -8 PROVIDING FOR REGULATING THE PROCESSING
AND DISPOSAL OF SOLID WASTE MATERIALS; BY DELETING SECTION 9 -9; BY
ADDING A NEW SECTION 9 -9, SPECIFYING CHARGES FOR DISPOSAL OF SOLID
WASTE MATERIAL AT THE LANDFILL; BY ADDING A NEW SECTION TO BE NUMBERED
SECTION 9 -10 -A, CHARGE FOR COMMERCIAL OR INSTITUTIONAL SERVICE; BY
ADDING A NEW SECTION TO BE NUMBERED SECTION 9 -10 -B, OWNER TO ARRANGE
FOR COLLECTION AND REMOVAL; BY ADDING A NEW SECTION TO BE NUMBERED
SECTION 9 -10 -C, CONTAINERS FURNISHED BY CITY FOR COMMERCIAL AND INDUSTRIAL
CONCERNS; BY ADDING A NEW SECTION TO BE NUMBERED SECTION 9 -10 -D,
PERMIT REQUIRED FOR PRIVATE HAULERS OF GARBAGE, TRASH OR RUBBISH, FEE;
BY ADDING A NEW SECTION TO BE NUMBERED SECTION 9 -10 -E, VEHICLES USED
BY PRIVATE HAULTERS, REQUIREMENTS, CLASSES; BY ADDING A NEW SECTION TO
BE NUMBERED SECTION 9 -13 INCONSISTANT ORDINANCES REPEALED.
BE IT ORDAINED BY THE City Council OF THE CITY OF HUNTSVILLE,
TEXAS, that Chapter 9, Garbage and Refuse Ordinance of the Code of
Ordinances of the City of Huntsville, Texas, be amended as follows:
SECTION 9 -1. DEFINITIONS
City. The term "city" shall mean the City of Huntsville,
Commerical. "Commerical" shall mean any structure or building other
than residential, including business structures, hotels, motels,
rooming or boarding houses, and structures containing more than four
dwelling units.
Commerical garbage. "Commercial garbage" shall consist of all waste
normally generated by each individual establishment, ashes, demolition
and remodeling debris and other material that cannot be broken down to
fit in regular garbage containers.
SECTION 9 -8. REGULATING THE PROCESSING AND DISPOSAL OF SOLID WASTE
MATERIAL.
(A) General regulations: All garbage and rubbish or trash
or other solid waste materials must be processed and/or disposed
of at a location and in a manner approved by the Director of Public
Works. All landfill operations, including disposal procedures and
determination of acceptable users, is the responsibility of the Director
of Public Works or his authorized representative, as authorized by
the City Council.
(1) Use of disposal sites, or other disposal facilities
operated by the City of Huntsville is restricted to the City Sani-
tation Service, Huntsville residents, non-Huntsville residents, Hunts-
ville businesses and industries or such commerical haulers as may be
authorized to haul solid waste materials for them. Individuals
bringing garbage or trash or rubbidhto the City of Huntsville disposal
sites must present a valid drivers license as proof of residency or
a valid commercial hauling permit.
(2) Any person entering upon a city operated disposal site
for any purpose shall be conclusively presumed to know and appreciate
the hazards and the extent of the damage which accompanies the accumula-
tion of scrap wood, glass, nails, trash, brush, waste and garbage in of
every description; and the use of trucks, vehicles and heavy machinery
to move, remove, bury and dispose of same; and every person entering
upon any site shall be conclusively presumed to have assumed the risk
of injury connected with or resulting from such hazards and danger, and
by his or her actions in entering upon such site, and for and in consi-
deration of the permission granted by the City of Huntsville to enter
upon such site, every person* shall covenant and be deemed to have cove-
nanted not to sue and to indemnify, save harmless and defend the City
of Huntsville and its agents, officers and employees from and against
any and all claims of any nature whatsoever for injury or damage to
person or property, whether real or asserted, arising out of or result-
ting from the entry by such person upon any City operated disposal site.
(B) Should any person, firm or coporation desire to open and
operate a private landfill they may do so only after proper application
has been made to the Director of Public Works as complying with all
applicable City, County and State regulations pertaining to solid waste
processing and disposal operations.
(1) The City of Huntsville, through its Director of Public
Works shall have the authority to curtail, temporarily suspend, or
permanently halt any solid waste processing or disposal operation
being conducted by any private person, firm or corporation which does
not conform to the requirements of City, County, or State regulations
pertaining thereto,which in any manner jeopardize the public health,
safety and welfare and to maintain that restriction until, in his judg-
ment, adequate measures have been taken to assure that removal of the
curtailment or suspension restrictions will not jeopardize the public
health, safety or welfare.
(2) The Director of Public Works as authorized by the City
Council shall have the authority to cause the rejection of processing
or disposal of any material which, in his judgment, would create a
nuisance by reason of emission, disagreeable ordors, or would operate
to make the processing or disposal facilities unwholesome or adversely
affect the public health, safety and welfare.
(C) Processing and disposal of solid waste materials by the
City of Huntsville:
(1) It shall be unlawful for any person to take, remove
or carry away from any processing or disposal facility operated by
the City of Huntsville any garbage, rubbish, trash or other solid waste
materials, article, thing, or object situated thereon, whether or not
same has monetary value, without prior written permission and approval
of the Director of Public Works. In prosecutions for this offense,
it shall not be necessary to describe the thing or things taken, removed
or carried away other than as generally described herein or as "article",
"thing", or "item", and it shall not be necessary to allege that the
same had "value".
(2) The Director of Public Works shall have the authority to
designate which processing and/or disposal sites are to be opened
to the public and which are to be restricted to municipal vehicles
only, provided that no processing or disposal facility within the City
of Huntsville will be opened to solid waste materials originating out-
side the city limits of the City of Huntsville without prior written
permission and approval of the Director of Public Works.
SECTION 9-9. SPECIFYING CHARGES FOR DISPOSAL OF SOLID WASTE MATERIALS.
Method of chargingand billing for disposal of solid waste materials:
The following charges are established for disposing of municipal solid
waste at the City of Huntsville disposal sites:
(A) Vehicles hauling earth, rocks and inert material
suitable for cover or refuse - No Charge.
(B) Passenger cars, station wagons, and pickups used by
Huntsville resident owners to haul owner's residential
waste - No Charge.
(C) Passenger cars, station wagons, and pickups used by non-
Huntsville resident owners to haul owner's waste $,25 per
load.
(D) Commerical pickups and panel trucks and single axle
trailers - $.75 per load.
(E) Trucks, single axle - with cargo bed length less than
15 feet, or trailer two axle - $2.50 per load.
(F) Trucks, three axle or truck, two axle with cargo bed
length - 15 feet, or greater - or packer type trucks
use d by private haulers - $5.00 per load.
(G) Any load including tire or waste rubber - $3.00
additional charge per load.
(H) Large animals - $5.00 each. (Cows, horses, hogs,
etc.)
Disposal service charges shall be payable by any of the following methods:
(1) Cash at the disposal site, (2) appropriate coupons which shall be
available for purchase at locations specified by the Director of Public
Works, or (3) monthly billing for commercial haulers upon approval of
the Director of Public Works and under such conditions as may be estab-
lished by the Director of Public Works as approved by the City Council.
SECTION 9-10-A. CHARGE FOR COMMERCIAL OR INSTITUTIONAL SERVICE.
Commercial establishments shall be charged for city collectic
of garbage, trash and rubbish at the following rates:
(a) The charge for the collection and removal of garbage,
trash and rubbish from premises used for business, commercial or in-
stitional purposes shall be from a minimum of THREE AND 50/100
($3.50) DOLLARS per month to a maximum of the actual cost to the city
of the loading, hauling, and disposing of same plus ten (10) per cent
of such cost.
(b) The service charge shall be based upon the number of
collections each week, the amount of garbage, trash and rubbish collected,
and the manner in which it is collected.
(c) Buildings or connected series of buildings containing
more than four (4) dwelling units having water billed through a single
meter will be billed as a single charge along with the single water
or sewer charge regardless of the occupancy of such multiple dwelling
unit. The charge for collecting garbage, rubbish, and trash from
apartment houses consisting of more than four (4) units, having a single
water meter shall be $2.00 per unit per month. Multiple dwelling units
classified as fraternities, sororities, boarding houses and dormitories
shall be charged as a commercial establishment which require more than
the minimum service described herein and is subect to having the charges
increased by the city sanitation division based upon the additional
service required. Any multiple dwelling unit having individual water
meters shall be billed individually at the residential rate.
(d) Commercial establishments shall utilize containers as
specified by the city. Containers shall be placed at the location
designated by the city.
(e) If such owner or occupant elects to remove such garbage,
trash or rubbish from his premises, by contract with a private hauler
or with his owner vehicle, the requirements of Section 9-10-D and
9-10-E shall be met and such owner or occupant shall furnish the Ctiy
Secretary with the name and address of such private hauler.
(f) Bills for service hereunder will be at the net monthly
rate, payment of which is due on or before the due date shown on the
statement.
SECTION 9-10-B. OWNER TO ARRANGE FOR COLLECTION AND REMOVAL:
(a) Every owner, occupant, tenant or lessee of a house or
building used for business, commercial or institutional purposes shall
arrange for the removal of garbage, trash and rubbish from the premises
not less than two (2) timeseach week, or as determined by the city
sanitation division based upon each particular commercial or institu-
tional use involved.
(b) It shall be the duty of the onwer, occupant, tenant or
lessee of any premises to report the failure to collect properly pre-
pared garbage, trash or rubbish for a consecutive period of five (5)
days to the Director of Public Works where the City sanitation divi-
sion or the holder of a permit under this article is responsible for
the collection; and if the owner, occupant, tenant or lessee of a
commercial establishments or rubbish from his premises, it shall be
unlawful for such owner, occupant, tenant or lessee to remove such
accumulations less often than required in this section.
SECTION 10-C. CONTAINERS FURNISHED BY CITY FOR COMMERCIAL AND INDUS-
TRIAL CONCERNS:
(a) The sanitation division may locate and place metal re-
fuse containers for use by commercial and industrial concerns in
accordance with the needs of the individual concern. All concerns
for which containers are so provided by the city shall place all refuse
and waste materials in such containers and shall not place wastBrefuse
or garbage in any container except those designated by the sanitation
division for their use. It shall be unlawful for any person using
such containers to leave the lid open after placing refuse material
therein.
(b) All boxes and cartons must be broken down, and placed
in proper containers.
(c) Maximum weight of container and contents shall not
exceed twelve hundred (1200) pounds. Net contents not to exceed six
hundred (600) pounds.).
(d) Charges for containers furnished by City. The following
charges will be made by the city; $.60 per cubic yard of garbage
and /or trash.
Where more than one (1) commercial establishment uses the
same container, the charges shall be prorated according to use, but
in no case shall be less than THREE AND 50 /100 DOLLARS
$ 3.50 per month.
The charges for containers shall apply to all types of approved
use except apartment houses and residences served by containers. Such
apartment houses and residences shall be charged the regular rate
listed in this chapter.
SECTION 9 -10 -D. PERMIT REQUIRED FOR PRIVATE HAULERS OF GARBAGE,
TRASH OR RUBBISH; FEE.
(a) Any person desiring to engage in the business of collec-
tion, removing or disposing of garbage, trash or rubbish in the city,
and any commercial establishment which regularly disposes of its own
matter, or any such person or firm disposing of such material at the
city sanitary landfill shall first make application to the city secre-
tary for a permit.
(b) Each application shall state the name and address of the
applicant; the trade name under which the applicant does or proposes
to do business; the number of vehicles the applicant desired to operate;
the class, size and design of each vehicle; or any person, firm or
corporation with whom he has been associated or employed, has a claim
against him for damages resulting from the negligent operation of a
vehicle; the financial ability and responsibility of the applicant;
the proof of a valid commercial drivers license; the proof of liability
insurance in the amount of one hundred thousand dollars ($100,000.00)
for each accident involving death or injury to persons or damage to
property by reason of the negligent operation of a vehicles upon the
public streets and thoroughfares of the city; the nature and character
of the service the applicant proposes to render and the applicant's
experience in rendering such service; and such other information as
the cith secretary may require.
(c) The city secretary shall make or cause to be made,
such investigation of each applicant as he may seem necessary to
determine whether or not the public convenience and necessity requires
the granting of the permit.
(d) If the city secretary determines that the applicant
is a proper and fit person to conduct such business and that the public
convenience and necessity requires the service, and that the applicant
meets all the requirements of this chapter, he may issue a permit
which shall be non - transferable and may be rescinded upon violation
of any °f any of the provisions of this ordinance,or any Statute of
the State of Texas pertaining thereto.
(e) All permits shall be permanently attached to the vehicle
or vehicles used for the service, and shall be subject to inspection
at all times by the Director of Public Works.
(f) There shall be an annual permit fee of ONE HUNDRED
AND NO /100 - $100 -- Sollars payable in advance for the
calendar year during which it is to be in force. This fee shall not
be prorated for partial years.
(g) Each private hauler shall provide the city secretary
with a list of all establishements served, within the corporate limits
of the city, stating the name and location of each, every three months
so that a current list may be maintained by the city secretary.
SECTION 9 -10 -E. VEHICLES USED BY PRIVATE HAULERS; REQUIREMENTS;
CLASSES.
(a) All vehicles used by licensed private haul ers, non-
resident haulers and resident haulers shall meet the minimum require-
ments stated under the below described class which is most applicable.
CLASS I.
Persons engaging in the business of collecting, hauling and
disposing of trash, garbage and rubbish or commercial or institutional
establishments that provide their own such service shall use vehicles
meeting the following minimum requirements.
(1) All vehicles utilized shall have a metal, enclosed truck
body that is comparable to that used by the sanitation division of
the City of Huntsville.
(2) This equipment shall be maintanined and operated so as
to prevent the spilling of liquid, trash, garbage and rubbish.
4 •
(3) Containers shall meet all requirements and standards
specified in this chapter. Mechanically- hoisted refuse containers
comparable to those supplied by the city under section 9 -10 -C may be
utilized.
CLASS II.
Contractors, tree trimmers and commercial establishments
hauling non - putrescible material on a regular basis shall be considered
special permit haulers and shall pay sanitary landfull fees as pro-
vided for in this chapter. No license shall be required for this
classification.
(1) Equipment shall be so designed as to prevent any loss
of trash, or rubbish through spillage, blowing or other means during
collection and transport. Where necessary a tarp or other cover shall
be provided.
(2) In no case shall such equipment be used to collect
or transport putrescible materials.
CLASS III.
Commerical and residential subscribers hauling their own
unusual accumulations of trash. Garbage or rubbish on an irregular
basis shall use equipment as specified for class II haulers with the
following exception; putrescrible material may be carried in a con-
tainer that will prevent any loss through spillage or other means and
that is not accessible to rats, vermin, rodents, etc.
These classes shall at all times comply with all applicable
city ordinances and State and Federal statutes, and shall be cumlative
thereof.
(b) Private haulers shall meet the Class I vehicle requirements
not later than January 1, 1974. The requirement for Class II and Class
III shall become effective immediately upon enactment of this ordinance.
SECTION 9 -13. INCONSISTANT ORDINANCES REPEALED.
Ordinances or parts thereof in force at the times that this
Ordinance shall take effect and inconsistant herewith, are hereby
repealed.
This Ordinance shall become effective October 1, 1973.
PASSED IN OPEN COUNCIL THIS ,. J DAY OF AUGUST, 1973.
THE CITY OF HUNTSVILLE, TEXAS
MORRIS I. WALLER, MAYOR
\I/14 40/4;rf,„9
FRANK ROBINSON, JR.
CITY SECRETARY
MARTIN D. COLLEY
CITY ATTORNEY