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ORD 2008-16 - Amend Code of Ordinances Section 14.09, OPS Solid Waste Collection 04-15-2008ORDINANCE NO. 2008 -16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ADOPTING RULES AND REGULATIONS HEREIN SET FORTH FOR THE OPERATIONS OF THE CITY OF HUNTSVILLE SOLID WASTE COLLECTION SERVICE; PROVIDING FOR THE SAFETY AND HEALTH FOR THE CITIZENS OF HUNTSVILLE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVING FOR PUBLICATION, CODIFICATION, AND AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of Huntsville, a home rule municipality, is authorized by Charter to adopt and implement necessary and reasonable ordinances in the best interests of its citizenry; and WHEREAS, it is the desire of the City Council of the City of Huntsville, that the City adopt rules and regulations setting forth requirements for the operations of its Solid Waste Collection service; and WHEREAS, the City Council of the City of Huntsville finds the provisions of this ordinance set forth below are necessary to protect the health, safety, and welfare of its citizens, the public, and employees, and said rules and regulations are reasonable; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas that from and after the Effective Date of this Ordinance, as outlined in Section 14.09 herein, the operation of the City of Huntsville Solid Waste Collection service shall conform to the following rules and regulations. Passed and approved by the City Council of the City of Hyuits\ill, Texas on this the 15`h day of April 2008. ,_� ,�� n J. Tu At t: '-�teloanie Brim, City Secretary Approved as to form: 0 - Thomas A. Le r, ity Attorney Title 14 GARBAGE, REFUSE, AND RUBBISH Part 14.01 General Provisions Sec. 14.01.01 Definitions Sec. 14.01.02 Containers -- Required Sec. 14.01.03 Same -- Unauthorized use prohibited Sec. 14.01.04 Scavenging prohibited Sec. 14.01.05 Disposal at other than city transfer station prohibited Sec. 14.01.06 Regulating the processing and disposal of refuse Sec. 14.01.07 Permissible and non - permissible refuse Sec. 14.01.08 Yard Waste and Heavy Trash Sec. 14.01.09 Duty to remove uncollected refuse Sec. 14.01.10 Administration Part 14.02 Residential Service Sec. 14.02.01 Residential collection Sec. 14.02.02 Residential refuse containers Sec. 14.02.03 Residential collection point Part 14.03 Commercial Collection Sec. 14.03.01 Commercial collection Sec. 14.03.02 Commercial collection point Part 14.04 Transfer Station Sec. 14.04.01 Hazards associated with disposal site operations Sec. 14.04.02 Vehicle requirements Sec. 14.04.03 Transfer station charges; method of payment Sec. 14.04.04 Mulch pile Sec. 14.04.05 Yard waste trimmings disposal Sec. 14.04.06 TIPS warehouse Sec. 14.04.07 Recycling center Sec. 14.04.08 Scale house Part 14.05 Charges Sec. 14.05.01 Collection Charges -- Residential Sec. 14.05.02 Commercial or Institutional service Sec. 14.05.03 Billing of garbage service; penalties for late payments; termination of service Sec. 14.05.04 Billing; necessity - refusal to pay Sec. 14.05.05 Deposits Sec. 14.05.06 Charge for returned checks Part 14.06 Construction /Demolition Debris Collection Sec. 14.06.01 Commercial collections in city prohibited Sec. 14.06.02 Defenses: actual producers, premises owners; permitted construction /demolition debris collectors Sec. 14.06.03 Private construction /demolition debris collectors; permit for private construction /demolition debris collectors; fee Part 14.07 Special Waste from Health Care Related Facilities Sec. 14.07.01 Disposal of special wastes from health care related facilities through city refuse collection service or landfill prohibited Sec. 14.07.02 Exemptions; application Sec. 14.08 Violations; penalties Sec. 14.09 Validity PART 14.01. GENERAL PROVISIONS Section 14.01.01 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: Animal Waste shall include: 1. Carcasses of animals intentionally exposed to pathogens; 2. Body parts of animals intentionally exposed to pathogens; 1 Whole bulk blood and blood products, serum, and other blood components from animals intentionally exposed to pathogens; and 4. Bedding of animals intentionally exposed to pathogens 5. Animal feces and excrement Ashes shall mean residue from burning of wood, coal or combustible material Blood and Blood Products shall mean all waste bulk human blood, serum, plasma and other blood components Bulk Blood or Body Fluid shall mean a volume of one hundred (100) ml or more Commercial Collection Point shall mean the required location for city commercial refuse containers, as described in the City of Huntsville Development Code Commercial Customer shall mean any structure or building or other premises used as a commercial business but not used exclusively for single family occupancy Construction and Deconstruction Material shall mean useable construction and deconstruction material such as doors, windows, flooring, lumber, trusses, etc. which may be diverted from the landfill and stored at a city operated warehouse for use by indigent and non - profit organizations Garbage shall mean putrescible animal and vegetable wastes resulting from handling, preparation, cooking or consumption of food Heavy Trash shall mean large yard waste, furniture, appliances /white goods, building construction material, and miscellaneous heavy debris generated from residential property Microbiological Waste shall include: 1. Cultures and stocks of infectious agents and associated biologicals; 2. Cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial and industrial laboratories; 3. Discarded live and attenuated vaccines; 4. Disposable culture dishes; and 5. Disposable devices used to transfer, inoculate and mix cultures Non - putrescible shall mean organic or inorganic wastes which do not decompose by microbial activity with sufficient speed as to cause odors or gases Pathological waste shall include but is not limited to: 1. Human materials removed during surgery, labor and delivery, autopsy, or biopsy, including: a. Body parts; b. Tissues or fetuses; c. Organs; and d. Bulk blood and body fluids 2. Products of spontaneous human abortions, including body parts, tissues, fetuses, organs, and bulk blood and body fluids, regardless of the period of gestation; 3. Laboratory specimens of blood and tissue after completion of laboratory examination; and 4. Anatomical remains Private Construction /Demolition Debris Collector shall mean a person who collects or removes any construction debris or demolition debris from any site within the City by roll off container or any other method. Putrescible shall mean organic wastes, such as garbage, that is capable of being decomposed by microorganisms with sufficient speed as to cause odors or gases Recyclable Materials shall mean materials that have been separated from other solid waste materials and placed at a designated recycling center and include newspaper, magazines, office paper, cardboard, aluminum and steel cans, clear and brown glass and plastics #1 and #2 Refuse shall mean all putrescible and non - putrescible solid wastes (except body and animal wastes) including garbage, rubbish and ashes Residential Collection Point shall mean the required location point at any residence for city refuse containers to be placed for pick up as described in 14.02.03 of this section Residential Customer shall mean persons, including but not limited to, owners, occupants, tenants, or lessees at a single - family residence or duplex Roll Out Service shall mean a service provided to customers requiring assistance setting refuse carts at their collection point. Each request will be considered on a case by case basis. Rubbish shall mean non - putrescible solid waste (excluding ashes) consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, leaves and similar materials. Non - combustible rubbish includes glass, crockery, tin and aluminum cans, metal furniture and similar materials. Sharps shall include the following materials when contaminated: 1. Hypodermic needles; 2. Hypodermic syringes with attached needles; 3. Scalpel blades; 4. Razor blades and disposable razors used in surgery, labor and delivery, or other medical procedures; 5. Pasteur pipettes 6. Broken glass laboratories Special Waste from Health Care Related Facilities shall mean a solid waste which if improperly treated or handled may serve to transmit an infectious disease(s) and which is comprised of the following: 1. Animal waste (see definition); 2. Bulk blood and blood products; 3. Microbiological waste; 4. Pathological waste; and 5. Sharps Trash see Rubbish Yard Waste Trimmings shall mean tree trimmings, hedge clippings, leaves, grass, pine needles generated from residential property Section 14.01.02 Containers Required No owner, lessee or occupant of any public or private premises shall permit to accumulate upon his premises any refuse, except in approved refuse containers. Section 14.01.03 Unauthorized use Prohibited A. A person commits an offense if he places, or permits another to place refuse in any residential cart or commercial container for use by other persons, firms or corporations to whom a monthly charge is made for such services. B. A person commits an offense if he places, or permits another to place refuse in any residential cart or commercial container used by the city refuse collection service, unless the refuse is from the premises served. C. A person commits an offense if he places, or permits another to place refuse from outside the city limits in any residential cart or commercial container used by the city refuse collection service. D. A person commits an offense if he places any highly flammable or explosive material in any residential cart or commercial container used in city refuse collection service. E. A person commits an offense if he places hot ashes in any residential cart or commercial container for collection by the city refuse collection service. F. A person commits an offense if he leaves the lid of any residential cart or commercial container open with refuse material inside. No refuse shall protrude from the residential cart or commercial container. G. A person or commercial business commits an offense if he places prohibited materials within a residential cart or commercial container. Section 14.01.04 Scavenging Prohibited A. A person commits an offense if he takes, removes, or carries away from the City transfer station any refuse. B. A person, other than a duly authorized employee of the City, commits an offense if he collects or removes any refuse from any residential cart or commercial container used by the city refuse collection service. Section 14.01.05 Disposal at Locations Other than City Transfer Station Prohibited The illegal disposal of refuse in any place such as commercial containers, residential carts, vacant lots or bar ditches within the city limits is prohibited. Section 14.01.06 Regulating the Processing and Disposal of Refuse All refuse must be processed and /or disposed of in an approved container and in a manner approved by the city. All residential refuse and recyclable materials can only be collected by the City refuse collection service. Section 14.01.07 Permissible and Non - Permissible Refuse A. The city will collect refuse, trash, dry garbage, leaves, tree trimmings, heavy trash and large yard waste. B. The regular city refuse collection service shall not collect dead animals. The city's animal control officer shall dispose of dead animals. C. The regular city refuse collection service shall not collect bricks, concrete blocks, concrete, dirt, rocks, paint, oil, vehicle batteries, car parts, large metal objects or lumber or leavings from construction or remodeling. D. The regular city refuse collection service shall not collect bulky items, including large tree limbs, loose brush cuttings, furniture or appliances unless otherwise scheduled via call -in for heavy trash / large yard waste collection on the 2nd and 4th Wednesday of the month. E. The regular city refuse collection service shall not collect medical waste. F. All refuse, including garbage, shall be drained free of all liquids. G. All boxes and cartons shall be broken down and placed in refuse carts. Section 14.01.08 Yard Waste and Heavy Trash A. Yard waste trimmings such as tree trimmings, hedge clippings and similar materials generated from residential properties shall be cut into lengths not to exceed four (4) feet, no larger than four (4) inches in diameter and securely tied in bundles not more than two (2) feet thick or weighing more than fifty (50) pounds. All leaves, grass, pine needles, or any loose yard waste material must be placed in plastic or paper bags or containers, weighing not more than fifty (50) pounds. All material must be placed within two (2) feet of the nearest city street. B. Large yard waste includes limbs and branches which must be prepared for pick up by using the following guidelines: 1) Limb and branches up to a maximum of eight (8) feet in length which should be placed curbside and cut ends must face the road. 2) Tree limbs larger than twelve (12) inches in diameter must be cut to a maximum of three (3) feet in length. 3) Large brush must be stacked, unbound and in one row along the road edge no higher than four (4) feet. C. These items shall be placed in separate piles along the road edge: 1) Appliances /white goods such as refrigerators, freezers, stoves, washers, dryers, hot water heaters and miscellaneous metal appliances (door removed). 2) Building construction material such as lumber, doors, windows, etc. 3) Miscellaneous heavy debris including large boxes, moving debris, and tires removed from the rims. The city will not collect tractor tires. D. Items shall be placed along street's edge approximately five (5) feet from refuse carts and other obstacles such as mail boxes, fences, and parked cars. Large brush and bulky items shall not be placed under low- hanging tree limbs or overhead utility lines. E. The following items are not collected as part of the "heavy trash /large yard waste collection" program: 1) Loose or bagged household garbage. 2) Tractor tires. 3) Vehicle batteries, oil and antifreeze. 4) Paint cans or unidentified sealed cans or barrels. 5) Small yard waste such as bagged leaves. F. The city shall provide collection service for small yard waste, tree trimmings and clippings on the first, third and fifth (when applicable) Wednesday of each month, except for weeks with a City holiday on said Wednesday. G. The city shall provide heavy trash /large yard waste collection service on the second and fourth Wednesday of each month on a call -in basis except for weeks with a City holiday on said Wednesday. Requests for pick up shall be placed a minimum of one (1) week prior to the scheduled collection day. No heavy trash may be placed at the street's edge earlier than five (5) days prior to the scheduled collection day. H. Small yard waste and tree trimmings must be bagged in four -ply, water repellant paper, biodegradable or plastic material and must be strong enough to resist normal handling. Bagged material shall be securely tied and loosely placed in the city issued refuse cart. Section 14.01.09 Duty to Remove Uncollected Refuse Upon three (3) days notice by the city, the owner or occupant of any building, house, structure or land shall remove all refuse items that are: A. Prohibited to regular city refuse collection service; and /or B. Located on the public right -of -way adjacent to and abutting his property. Section 14.01.10 Administration The City Manager shall have the authority to make regulations concerning days of collection, types and location of waste containers, and collection and conveyance as he shall find necessary, provided that such regulations are not contrary to the provisions hereof. Every owner, occupant, tenant, lessee using or occupying any building, house or structure within the corporate limits of the city for any purpose shall abide by such rules and regulations. Section 14.02.01 Residential Collection A. The city shall collect residential refuse twice per week. B. The city residential collection days are Monday/Thursday or Tuesday /Friday. Section 14.02.02 Residential Refuse Cart A. Upon verification of an active and non delinquent utility account, each residential premise shall be issued a refuse cart in good condition by the City for City refuse collection service. New residential customers will be required to pay a deposit for the refuse cart as described in the City of Huntsville Schedule of Fees and Charges. An additional refuse cart may be issued per a customer's request for a monthly fee as described in the City of Huntsville Schedule of Fees and Charges. A maximum of two carts will be issued to a residential customer account. B. Residential refuse carts issued by the city must be kept clean and in good condition by the user. Customers are financially responsible for damaged, misused, or lost refuse carts caused by a customer's own neglect. C. Household refuse must be bagged in four -ply, water repellant paper, biodegradable or plastic material strong enough to resist normal handling without tearing. Bagged material shall be securely tied and loosely placed in the city issued refuse cart. Refuse shall not be stacked so that the lid on the cart cannot be shut. D. Refuse carts shall be without inner obstructions or outer protrusions, and refuse will be loose and not packed so as to permit free discharge of the contents. E. No furniture, appliances, bulky items, construction materials, tires, paint in liquid form, motor oil, animals, animal waste, medical waste or concrete shall be placed within or on top of a residential cart. Section 14.02.03 Residential Collection Point A. Refuse carts shall not be placed inside an enclosed area such as a bin, fenced yard containing animals, or in a garage. Refuse carts must be set within two (2) feet of the curb or street's edge. Roll -out service is available as described in 14.01.01. B. The refuse cart(s) must be set at each resident's appropriate collection point with the cart handle facing the residence. PART 14.03 COMMERCIAL COLLECTION Section 14.03.01 Commercial Collection 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 refuse from the premises not less than once each week. B. The City may collect commercial refuse more than once per week, as necessary to maintain sanitary conditions. C. The City shall provide metal containers suitable for city collection of commercial refuse. D. All garbage placed in City refuse containers must be confined in plastic or water - repellant paper bags. E. Commercial business will have garbage service via commercial dumpster unless eligible for automated business minimum collection as determined by the Solid Waste Superintendant. F. Any City refuse container requiring cleaning will be cleaned at customer's expense. G. Arrangements may be made for more frequent or special collection at an additional charge. H. No furniture, appliances, yard waste, bulky items, construction materials, tires, paint in liquid form, motor oil, animals, animal waste, medical waste or concrete shall be placed within or on top of commercial containers. Section 14.03.02 Commercial Collection Point A. Refuse containers shall not block: 1. Roads or street right -of -way; 2. Drainage ditches; or 3. Traffic and /or sight triangles at intersections B. Personal or commercial vehicles shall not block commercial refuse containers. C. Overhead clearances of refuse container areas shall be a minimum of twenty (20) feet. D. Commercial containers shall be placed on approved refuse pads as per City's Development Code requirements. PART 14.04 TRANSFER STATION Section 14.04.01 Hazards Associated with Disposal Facility Operations All persons who enter the city - operated disposal facility for any purpose shall be conclusively presumed to know and appreciate the hazards and the potential extent of the damage that accompanies the accumulation of scrap wood, glass, nails, trash, brush, waste and garbage of every description. 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, in consideration of the permission granted by the City of Huntsville to enter upon such site, every person shall covenant and be deemed to have covenanted 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 resulting from, the entry by such person upon any city - operated disposal facility. Section 14.04.02 Vehicle requirements. Refuse hauled to the city transfer station or through the city must be covered, or with loads secured so that no garbage, trash, or other debris falls from the vehicle. Section 14.04.03 Transfer Station Charges; Method of Payment A. There shall be charged, assessed and collected from all users of the city's transfer station, charges for refuse disposal services. B. The transfer station charges shall be payable by: 1. Cash or check at the disposal facility's scale house; 2. Monthly billing, for commercial haulers Section 14.04.04 Mulch Pile City utility customers may obtain mulch free of charge, when available, from the Disposal and Recycling Facility located at the Transfer Station upon presentation of a personal City utility bill to the Scale House attendant. The utility customer is responsible for loading or unloading mulch onto their vehicle. The City will not provide city owned equipment for loading or unloading mulch. Section 14.04.05 Yard Waste Trimmings Disposal City of Huntsville utility customers may dispose of small yard waste trimmings from their household free of charge at the Disposal and Recycling Facility upon presentation of a personal City utility bill to the Scale House attendant. The utility customer must be present when disposing of yard waste. Commercial or paid haulers are not authorized to represent a City utility customer when disposing of small yard waste trimmings. Section 14.04.06 TIPS Warehouse City of Huntsville maintains the Trash Into Plow Shares (TIPS) Warehouse at the Disposal and Recycling Facility with diverted construction and deconstruction materials for used by qualified indigent families and non - profit organizations. Section 14.04.07 Recycling Center Recyclable materials may be dropped off at the City of Huntsville Recycling Center located at the Disposal and Recycling Facility. The facility is open Monday through Friday with an attendant on duty from 9:00 am to 5:00 pm, except holidays. Recyclables may be dropped off without an attendant on Saturdays from 7:30 am to 5:00 pm. Section 14.04.08 Scale House All visitors and customers entering the Transfer Station must check in at the Scale House prior to entering the facility. Customers disposing of garbage, tires, appliances or yard waste must have their vehicles weighed in before and after disposal to assess disposal fee. All disposal fees will be paid by cash or check at the Scale House. PART 14.05. CHARGES Section 14.05.01 Collection Charges— Residential Residential customers shall be charged a monthly fee as described in the City of Huntsville Schedule of Fees and Charges. Section 14.05.02 Commercial or Institutional Service Commercial or Institutional customers shall be charged a monthly fee as described in the City of Huntsville Schedule of Fees and Charges. If more than one commercial business uses the same container, the charges shall be prorated according to use, but in no case shall the charges be less than the minimum monthly commercial charge. Section 14.05.03 Billing of Garbage Service; Penalties for Late Payments; Termination of Service A. For convenience of collection, garbage and refuse collection service charges shall be billed together with water and /or sewer service in a utility bill prepared by the City. In the event that the customer does not receive water and /or sewer service from the city, then a separate utility bill for garbage and refuse service shall be prepared by the city. A statement from the city for water and /or sewer and /or garbage and refuse services is referred to as a "utility service bill." B. Each utility service bill shall have a pre - calculated and stated due date. C. If a utility service bill is not paid by the due date, the customer shall be charged a penalty as described in the Schedule of Fees and Charges. If the bill is not paid by the next billing date, such gross amount will be shown as a previous balance on the customer's bill for the next month. D. Should any customer or owner, lessee or occupant of any residential or commercial unit fail or refuse to pay charges assessed for garbage and refuse service, the city shall have the right to discontinue all city utility services to such unit. Section 14.05.04 Billing; Obligation or Refusal to Pay A. A person commits an offense if that person occupies a home or operates a business within the City limits and refuses to avail themselves of the garbage and refuse collection service and fees. B. A person commits an offense if that person occupies a home or operates a business within the City limits and the person refuses to pay the set fees for such service. Section 14.05.05 Deposits A. The utility billing supervisor shall require any applicant for garbage and refuse service to post a deposit to secure payment of such service as follows: 1. Any person applying for residential garbage service and who is not applying for water and/or sewer service shall be required to post a deposit as described in the City of Huntsville Schedule of Fees and Charges. If a person is applying for more than one service with the City, he shall post a bond in accordance with Section 30.03. 2. Any firm, corporation or commercial account applying for garbage and refuse service shall deposit with the City, as security for the payment of future charges, a sum equal to two (2) months of service. 3. A person, firm, corporation or commercial account cannot avoid receiving garbage and refuse service or refuse such service by failing to post a deposit. The provisions of Section 14.05.04 take precedence over the posting of a deposit. B. The provisions of Section 30.03, "Connection charges; deposits to secure payment of utility service bills," Subsections C., D., E., F., G., and H. shall apply to an applicant for garbage and refuse service. Section 14.05.06 Charge for Returned Checks The utility billing supervisor, or any other appropriate City employee shall charge any garbage customer of the City of Huntsville a fee as described in the City of Huntsville Schedule of Fees and Charges for checks returned or for ACH payments refused by the customer's bank advising the City there are not sufficient funds in the customer's checking account with the bank to pay the garbage charge for the customer. This fee shall be added to the total outstanding account of the customer and upon refusal or failure to pay this charge, utility service shall be disconnected pursuant to Section 30. The city shall refuse to accept checks if more than two insufficient checks have been received from the customer within the last twenty -four (24) months. PART 14.06 CONSTRUCTION /DEMOLITION DEBRIS COLLECTION Section 14.06.01 Commercial Collections in City Prohibited A. It shall be unlawful for any person, firm, or corporation, other than the City of Huntsville, Texas, to collect or remove refuse or residential recyclables in the City of Huntsville on a commercial basis or for hire, except that garbage, trash or refuse that is prohibited from disposal at the transfer facility. B. A person, other than the city or its employees, commits an offense if he uses any street or alley of the City of Huntsville for the collection or removal of any garbage, trash or refuse from any residence or business in the city on a commercial basis or for hire. Section 14.06.02 Defenses It shall be a defense to prosecution under Section 14.06.01 that: A. the person produced the refuse, or owned the premises upon which the refuse was accumulated, and that the person collected or removed such refuse; or B. the person collected or removed construction or demolition debris from a site within the City and the person has a permit under this 14.06.03. Section 14.06.03 Private Construction /Demolition Debris Collectors A. A private construction /demolition debris collector desiring to engage in the business of collecting or removing any construction debris or demolition debris from any site within the City by roll off container or any other method shall first make application to the city for a permit. B. Each application shall state or show: 1. the name and address of the applicant, 2. the trade name under which the applicant does or proposes to do business, 3. the number of vehicles the applicant desires to operate, including the class, size and design of each vehicle, 4. the financial ability and responsibility of the applicant, 5. the proof of a valid commercial driver's license, 6. 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 vehicle upon the public streets and thoroughfares of the city, 7. the nature and character of the service the applicant proposes to render 8. the applicant's experience in rendering such service, and 9. such other information as the city may require. C. The City shall make such investigation of each applicant as it may deem necessary. The investigation shall determine whether or not the public convenience and necessity requires the granting of the permit. D. If the applicant meets all the requirements of this chapter, the City shall issue a permit that shall be nontransferable and may be rescinded upon violation of any of the provisions of this chapter or any statute of the State of Texas pertaining thereto. E. A copy of the permit shall be kept within each vehicle used for the service, and shall be subject to inspection, at all times, by the City. F. There shall be an annual permit fee as described in the City of Huntsville Schedule of Fees and Charges per business or person, payable in advance for each City budget year during which it is to be in force. This fee shall not be prorated for partial years. PART 14.07 SPECIAL WASTE DISPOSAL Section 14.07.01 Special waste is waste generated by health care facilities during the operation of publicly or privately owned or operated facilities such as but not limited to: 1. Ambulatory surgical centers; 2. Abortion clinics; & Birthing centers; 4. Blood banks and blood drawing centers; 5. Clinics, including but not limited to medical, dental, veterinary; 6. Clinical, diagnostic, pathological or biomedical research laboratories; 7. Educational institution health centers; 8. Educational institution research laboratories; 9. Emergency medical service providers; 10. End stage renal dialysis facilities; 11. Funeral establishments; 12. Home health agencies; 13. Hospitals; 14. Long term care facilities; 15. Mental health and mental retardation facilities, including but not limited to hospitals, schools, and community centers; 16. Minor emergency centers; 17. Occupational health clinics and clinical laboratories; 18. Pharmacies; 19. Pharmaceutical manufacturing plants and research laboratories; 20. Professional offices, including but not limited to the offices of physicians and dentists; 21. Special residential care facilities; and 22. Veterinary clinical and research laboratories. A. A person commits an offense if that person disposes of special waste by placing, or by permitting another person to place, special waste in any residential cart or commercial refuse container used by the City refuse collection service. B. A person commits an offense if that person disposes of special waste or by permitting another person to discard special waste at the City transfer station. C. It is an affirmative defense to prosecution under this section that the special waste from a health care related facility has been treated by onsite incineration by the generator of the waste and is disposed of in accordance with the provisions of 25 Texas Administrative Code Chapter 325, subchapter Y. Section 14.07.02 Exemptions; Application A. This part does not apply to waste generated by the operation of: 1. Single family or multi - family dwellings; and 2. Hotels, motels, or other accommodations which provide lodging and other services for the public. B. This part does not apply to: 1. Teeth; 2. Human tissue, including fetal tissue, donated for research or teaching purposes, with the consent of the person authorized to consent as otherwise provided by law, to an institution of higher learning, medical school, a teaching hospital affiliated with a medical school, or to a research institution or individual investigator subject to the jurisdiction of an institutional review board required by 42 U.S.C. Section 289; and 3. Placentas designated for sale and obtained from a licensed hospital or a licensed birthing center. SECTION 14.08 VIOLATIONS; PENALTIES Any person, firm, or corporation violating any provisions of this part or failing to comply with any requirement of this part will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars {$1,000.00} upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this part or noncompliance with any requirement of this part shall constitute a distinct and separate offense. The violation of any provision of this part or the failure to comply with any requirement of this part shall each constitute a distinct and separate offense. SECTION 14.09 VALIDITY Section 14.09.01 Upon the Effective Date of this ordinance, the prior ordinance entitled "Title 14 GARBAGE, REFUSE AND RUBBISH" is repealed. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Such repeal shall not abate or otherwise affect any existing action or proceeding now pending under the previous ordinances. Section 14.09.02 The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 14.09.03 Effective Date This ordinance shall take effect forty five (45) days after the approval of the ordinance by the City Council of the City of Huntsville. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage.