ORD 1998-21 - Amending Title 14 Garbage, Refuse & Rubbish 09-22-1998AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING TITLE 14, GARBAGE, REFUSE AND RUBBISH, OF THE
CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ALLOWING
A PERMIT PROCESS FOR CONSTRUCTION/DEMOLITION DEBRIS
COLLECTION; PROVIDING A PENALTY; AND MAKING OTHER PROVISIONS
AND FINDINGS RELATED HERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
SECTION 1: Part 14.06, Private Haulers, of Title 14, Garbage, Refuse and Rubbish, is hereby deleted and
a new Part 14.06, Construction/Demolition Debris Collection is hereby added as follows:
Part 14.06 CONSTR UCTIONIDEMOLITION DEBRIS COLLECTION*
14.0601 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 in the City ofHuntsville on a commercial basis or for hire, except that garbage,
trash or refuse that is prohibited from disposal at the transfer facility.
B. Aperson, 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.
14.0602 Defenses: actual producers, premises owners; permitted construction / demolition debris
collectors.
It shall be a defense to prosecution under Section 14.06 01 that:
A. the person produced the refuse, or owned the premises upon that 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.
14.0603 Private construction /demolition debris collectors; Permit forprivate construction /demolition
debris collectors; fee.
A. Aprivate construction /demolition debris collector is aperson who collects or removes any construction
debris or demolition debris from any site within the City by rolloff container or any other method.
B. Any person desiring to engage in the business of collecting or removing any construction debris or
demolition debris from any site within the City by rolloff container or any other method shall first make
application to the city for a permit.
C. Each application shall state or show the name and address of t he applicant, the trade name under which
the applicant does orproposes to do business, the number of vehicles the applicant desires to operate,
the class, size and design of each vehicle, the financial ability and responsibility of the applicant, the
proof of a valid commercial driver's 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 vehicle 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 city may require.
D. The city shall make such investigation of each applicant as it may deem necessary, to determine whether
or not the public convenience and necessity requires the granting of the permit.
E. 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.
F. 4 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.
G. There shall bean annual permit fee of four hundred dollars ($400.00) 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.
SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to
comply with any requirement of the ordinance will be guilty of a misdemeanor and subject
to a fine of up to two thousand ($2,000.00) dollars upon conviction. Each day during or
upon which a person shall violate or continue violation of any provision of this ordinance
shall constitute a distinct and separate offense. The violation of any provision of the
ordinance or the failure to comply with any requirement of this ordinance shall each
constitute a distinct and separate offense. Texas Local Government Code § 53.001 and §
54.001.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect any of the remaining
provisions of this ordinance.
SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. 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. Texas Local Government Code § 52.013.
PASSED AND APPROVED this the 22nd day of September, 1998.
THE CITY OF HUNTSVILLE
William B. Green, Mayor