ORD 1986-16 - Garbage HaulersORDINANCE NO. 86 -16
AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROHIBITING THE COLLECTION, HAULING
AND DISPOSAL OF ALL SOLID WASTE MATERIAL WITHIN THE
CITY EXCEPT BY CITY; MAKING IT UNLAWFUL FOR ANY PERSON,
FIRM OR CORPORATION, OTHER THAN THE CITY OF HUNTSVILLE,
TO COLLECT, REMOVE OR DISPOSE OF GARBAGE IN THE CITY ON
A COMMERCIAL BASIS OR FOR HIRE; PROVIDING A PENALTY OF
$1 - $1000 PER DAY FOR EACH VIOLATION HEREOF; PROVIDING
REPEALING AND SAVINGS PROVISIONS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS the City of Huntsville, Texas, has the responsibility to provide
for the health and welfare of its residents; and
WHEREAS the City Council of the City of Huntsville, Texas, has determined
that it is the public interest for said City to provide exclusive
garbage service for the satisfactory and efficient collection of
garbage, weeds, and other refuse in order to maintain safe and
sanitary conditions within said City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 9, Garbage, Refuse and Rubbish, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
repeal of Article VI. Private Haulers, as presently constituted, and
by the adoption of a new Article VI. Private Haulers that shall read
as follows:
Sec. 9 -60. Permit for private haulers; fee.
(a) Any person desiring to engage in the business of disposing
of refuse in the city, a commercial establishment that regularly
disposes of its own refuse, or any person or firm that regularly
disposes of his own refuse at the city sanitary landfill, shall first
make application to the city for a permit.
(b) Each application shall state or show 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 desire
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.
(c) 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.
(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) 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 city.
(f) There shall be an annual permit fee of one hundred dollars
($100.00) per business or person, 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 with a list of
all establishments served, stating the name and location of each,
every three (3) months, so that a current list may be maintained by
the city.
(h) A private hauler is any person that uses the landfill two
(2) or more times a week for any three (3) consecutive weeks in a
year.
Sec. 9-61. 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 of Huntsville on a commercial basis or for hire, except
that garbage, trash or refuse that is prohibited from disposal at the
sanitary landfill.
(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.
Sec. 9-62. Exception for Actual Producers, Premise Owners.
The actual producers of refuse, or the owners of premises upon
which refuse has accumulated, shall be permitted to personally
collect, convey or dispose of such refuse, provided such producers or
owners comply with the provisions of this Chapter.
Sec. 9-63 - 9-65. Reserved.
Sec. 9-66. Vehicles used by private haulers; requirements.
Persons engaging in the business of collecting, hauling and
disposing of refuse, or institutional establishments that provide
their own such service, shall use vehicles meeting the following
minimum requirements:
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(a) All vehicles shall be designed to prevent any loss of refuse
during collection and transport;
(b) This equipment shall be maintained and operated so as to
prevent the spilling of refuse;
(c) 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 -31 may be
utilized with prior written approval of the city.
Section 2: Any person, firm, or corporation violating any provisions of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up
to Two Hundred Dollars ($200.00) upon conviction. Each day during or
upon which said person shall violate or continue violation of any
provision of this Ordinance or non - compliance with any requirement of
this Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
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: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this /Oth day of crane
uth DeShaw, City Secretary
APPROVED AS TO FORM:
M4-1/
Scott B unds, City torney
, 1986.
THE CIT OF HUNTSVILLE
By
Jai Monday, Mayor