ORD 1982-04 - SanitationORDINANCE NO. 82-/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING CITY REFUSE
COLLECTION SERVICE; SETTING FORTH AUTHORITY OF THE
CITY MANAGER; PRESCRIBING REGULATIONS FOR STORAGE
AND COLLECTION OF REFUSE, GARBAGE, RUBBISH, AND
ASHES; PROHIBITING SCAVENGING AND UNAUTHORIZED USE
OF REFUSE CONTAINERS; REQUIRING PERMITS FOR
PRIVATE HAULERS; PROVIDING FOR MAINTENANCE OF
SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREMISES
IN THE CITY; PROVIDING FOR THE IMPOSITION AND
COLLECTION BY THE CITY OF FEES FOR THE COLLECTION
AND DISPOSAL OF REFUSE; PROVIDING A PENALTY OF UP
TO $200; PROVIDING REPEALING AND SAVINGS CLAUSES;
MAKING OTHER PROVISIONS RELATED THERETO; PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATES HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1. The Code of Ordinances of the City of
Huntsville, Texas, is hereby amended by the repeal of
Chapter 9, Garbage and Refuse, as presently constituted and
by the adoption of a new Chapter 9, Garbage, Refuse and
Rubbish, that shall read as follows:
Chapter 9
Garbage, Refuse and Rubbish
Sections 9.1 to 20
Sections 9.21 to 29
Sections 9.30 to 39
Sections 9.40 to 49
Sections 9.50 to 59
Sections 9.60 to 69
Sections 9.70 to 79
Article I.
Article II.
Article III.
Article IV.
Article V.
Article VI.
Article VII.
General Provisions.
Residential Service.
Commercial Service.
City Landfill.
Charges.
Private Haulers.
Rates.
Article I. General Provisions
Section 9.1. Definitions.
(a) Ashes - residue from burning of wood, coal or
combustible material.
(b) Garbage - putrescible animal and vegetable wastes re-
sulting from handling, preparation, cooking or
consumption of food.
(c) Refuse - all putrescible and non-putrescible solid
wastes (except body wastes) including garbage, rubbish
and ashes.
(d) Rubbish - non-putrescible solid waste (except ashes)
consisting of both combustible and non-combustible
wastes.
(e) Commercial Unit - any structure or building or other
premises not used exclusively for residential
occupancy.
Section 9.2. 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 9.3. Unauthorized use of refuse containers
prohibited.
(a) A person commits an offense if he places, or permits
another to place, refuse in any refuse 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 refuse container used
by the city refuse collection service unless the refuse
is from the premises served by the container.
(c) A person commits an offense if he places, or permits
another to place, refuse from outside the city limits
in any refuse container used by the city refuse
collection service.
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Section 9.4. Scavenging prohibited.
(a) A person commits an offense if he takes, removes, or
carries away from the City landfill any refuse without
prior written permission and approval of the City.
(b) A person other than a duly authorized employee of the
City commits an offense if he collects or removes any
refuse from any refuse container used by the city
refuse collection service.
Section 9.5. Disposal at other than city landfill
prohibited.
The disposal of refuse in any place within the city limits
or within one thousand (1,000) feet outside of the city
limits, except at the City landfill, is prohibited;
provided, however, that approved refuse may be used under
authorized reclamation permits.
(See Chapter 6, Buildings, Huntsville Code of Ordinances).
Section 9.6. Regulating the processing and disposal of
refuse.
All refuse must be processed and/or disposed of at a
location and in a manner approved by the City.
Section 9.7 - 9. Reserved.
Section 9.10. Permissible refuse.
(a) City will collect trash, dry garbage, leaves and tree
trimmings.
(b) The regular city collection service shall not remove
dead animals. City's Humane Officer shall dispose of
dead animals.
(c) The regular City refuse collection service shall not
remove bricks, concrete blocks, concrete, dirt, rocks,
car parts, large metal objects or lumber or leavings
from construction or remodeling.
(d) The regular City refuse collection service shall not
remove bulky items including large tree limbs loose
brush cuttings, furniture or appliances.
(e) A person commits an offense if he places any highly
flammable or explosive material in any refuse
receptacle or container used in city refuse collection
service.
Section 9.11. Preparation of refuse.
(a) All refuse, including garbage, shall be drained
free of all liquids.
(b) Tree trimmings, hedge clippings and similar material
shall be cut into lengths not to exceed four (4) feet
and securely tied in bundles not more than two (2) feet
thick or weighing more than fifty (50) pounds.
(c) A person commits an offense if he places hot ashes in
any receptacle or container for collection by City
refuse collection service.
(d) All refuse shall be placed into approved refuse
containers.
(e) All boxes and cartons shall be broken down and placed
in refuse containers.
Section 9.12. Duty to remove uncollected refuse.
Upon three (3) days notice by City, the owner or occupant of
any building, house, structure or land shall remove all
refuse items:
(a) that are prohibited to regular city refuse collection
service, and
(b) that are located on the public right -of -way adjacent to
and abutting his property.
Section Section 9.13 - 19. Reserved.
Section Section 9.20 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.
Article II. Residential Service
Section 9.21. Residential Collection.
(a) The City shall collect residential refuse twice per
week.
(b) The City shall provide collection service for tree
trimmings and clippings and rubbish on the first
Wednesday of each month, except for weeks with a City
holiday, or on other Wednesdays by appointment.
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Section 9.22. Residential refuse containers.
(a) Each owner, tenant, lessee or occupant of a residential
premises shall provide a refuse container in good
condition for city refuse collection service.
(b) Residential refuse containers must be water-tight metal
trash cans, or heavy duty plastic or paper bags.
Standard trash cans are up to 30 gallons in capacity,
water-tight, with two lifting handles and a tightly
fitting lid with handle. Bags of four-ply, water
repellant paper or heavy duty plastic material shall be
strong enough to resist normal handling without tearing
and shall be securely tied. Not more than 50 pounds of
refuse shall be placed in any receptacle. Trash cans
shall be without inside protrusions, and refuse will be
loose so to permit free discharge of the contents.
(c) The City shall collect an average 200 pounds of refuse
per residential unit per week. Arrangements may be
made for more frequent or special collection at an
additional charge.
Section 9.23. Residential Collection point.
(a) The residential refuse collection point is at the back
door for two 30 gallon containers, or at the curb for
more than two containers. Containers placed inside an
enclosed area such as a fenced yard containing animals,
or in a garage, will not be picked up; such containers
must be set directly outside the fence or garages or
placed by the curb.
(b) The collection point of any residences shall not be
more than 75 feet from the paved portion of the nearest
city street.
Article III. Commercial Collection
9.30. Commercial Collection.
(a) The City shall collect commercial refuse at least
once per week.
(b) The City may collect commercial refuse more than once
per week as necessary to maintain sanitary conditions.
(c) 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.
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Section 9.31. Commercial Containers.
(a) The City shall provide metal containers suitable for
city collection of commercial refuse.
(b) A person commits an offense if he leaves the lid of a
city refuse container open with refuse material in the
container.
(c) All garbage placed in city refuse containers must be
confined in plastic or water repellant paper bags.
(d) City will empty and spray City refuse containers with
disinfectant as required to maintain sanitary
conditions.
(e) Any City refuse container requiring cleaning will be
cleaned at owner's expense.
Section 9.32. 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) Overhead clearances of refuse container area shall be a
minimum of 20 feet.
Article IV. Landfill
Section 9.40. Hazards associated with landfill operations.
Any person entering upon a city-operated disposal site 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 site.
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Section 9.41. Vehicle requirements.
Vehicles hauling refuse to the City landfill or through the
City must be covered or carried in vehicles so constructed
or loads secured so that nothing falls from the vehicle.
Section 9.42. Landfill charges; method of payment.
(a) There shall be charged, assessed and collected from all
users of the city's landfill, charges for refuse
disposal services.
(b) The landfill charges shall be payable by:
(1) Cash at the disposal site;
(2) Appropriate coupons which shall be available
for purchase at locations specified by the
City; or
(3) Monthly billing for commercial haulers
upon approval of the City.
Article V. Charges
Section 9.50. Collection charges - Residential.
(a) There shall be charged, assessed and collected from the
owner, lessee or occupants of each residential unit
within the city, including private residences,
apartments, and mobile homes, a charge for city refuse
collection services.
(b) Any multiple dwelling unit having individual water
meters shall be billed individually at the residential
rate.
Section 9.51. Collection Charges - Commercial
or institutional service.
Commercial or institutional establishments shall be charged
for city collection of refuse at the following rates:
(a) The service charges shall be based upon the number of
collections each week, the amount of refuse collected
and the manner in which it is collected.
(b) If more than one commercial unit uses the same con-
tainer, the charges shall be prorated according to use,
but in no case shall the charges be less than the
minimum monthly commercial charge.
(c) If the owner, lessee or occupant elects to remove re-
fuse from his premises by contract with a private
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hauler or with his own vehicle, such owner or occupant
shall furnish the City with the name and address of
such private hauler.
Section 9.52. Collection charges - Billing; Termination of
utility services; notice of appeal.
(a) All bills for collection of refuse shall be accomp-
lished by including same on the monthly utility bill
rendered by the City.
(b) Should any owner, lessee or occupant of any residence
or commercial unit fail or refuse to pay charges
assessed pursuant this chapter, the city shall have the
right to discontinue all city utility services to such
premises.
Article VI. Private Haulers.
Section 9.60. Permit for private haulers; fee
(a) Any person desiring to engage in the business of col-
lection, removing or 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 add-
ress of the applicant; the trade name under which the
applicant does or proposes 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 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
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 appli-
cant as it may deem necessary to determine whether or
not the public convenience and necessity requires the
granting of the permit.
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(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, within the corporate
limits of the city, stating the name and location of
each, every three (3) months so that a current list may
be maintained by the city. A private hauler is any
person that uses the landfill two or more times a week
for any three consecutive weeks in a year.
Section 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:
(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 stan-
dards specified in this chapter. Mechanically
hoisted refuse containers comparable to those
supplied by the city under section may be utilized
with prior written approval of the City.
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Article VII. Rates
Section 9 -70. Residential Collection Charges.
Single family residential
pickup, minimum Charge $ 6.60 /month
Multi - family residential
pickup
a. collected without dumpster . . . $ 6.60 per dwelling unit per month
b. collected by dumpster $ 5.70 per dwelling unit per month
Section 9 -71. Commercial Collection Charges.
Businesses, minimum charge
2 yard container . . .
3 yard container
4 yard container
6 yard container
8 yard container
30 yard container
$ 8.65 /month
.. . $ 15.40 /month per pickup per week
$ 19.50 /month per pickup per week
$ 23.85 /month per pickup per week
$ 36.85 /month per pickup per week
$ 45.60 /month per pickup per week
$175.35 /month per pickup per week
Section 9 -72. Landfill Fees
Basic fee. . • • . . . . . . . . . . $ 1.00
Minimum fee $ 1.00
Pickup truck $ 2.00
Pickup truck with sideboards . . . $ 2.00
Truck or trailer (trash,
garbage and brush) $ 1.00
Truck or trailer (trees,
stumps and large limbs) . . . . . . $ 10.00
Rubber waste, appliances and
large furniture
Large dead animal
(cows, horses, etc.)
Small dead animal
(dogs, cats, etc.)
Compacting vehicles
Section 9.73. Elkins Lake Charges.
per loose cubic yard
+ $1.00 per ft. of sideboards
per loose cubic yard
+ $1.00 per loose cubic yard
$ 10.00 each item
$ 20.00 each
$ 5.00 each
$ 1.00 x manufacturers' capacity
of truck
x manufacturers' compaction
ratio
Single family residential pickup . . $ 8.25 /month
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Section 2. Any person, firm or corporation violating any
provision 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
($200.00) dollars 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 one
time within twenty days. This ordinance shall take effect
ten days after the date of such publication.
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PASSED UNANIMOUSLY FIRST READING THIS /c day of
1982.
PASSED SECOND READING THIS day of ,
1982.
APPROVED THIS /10 day of 76,,kydAl,
1982.
ATT
eShaw, City Secre ary
APPROVED AS TO FORM:
cott Bounds, City Attorney
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THE CITY OF HUNTSVILLE
BY
Mayor