HomeMy Public PortalAboutOrdinance No. 579-88 04-11-1988
•
ORDINANCE NO. 579
AN ORDINANCE AMENDING CHAPTER 6, "HEALTH AND
SANITATION" OF THE CODE OF ORDINANCES, CITY OF
RICHLAND HILLS, TEXAS, BY THE REPEAL OF SECTION 5,
"GARBAGE COLLECTION", AND SECTION 6, "GARBAGE
COLLECTION RATES", OF SAID CHAPTER AND BY THE
SUBSTITUTION OF NEW SECTIONS 5 AND 6 THEREIN AS
HEREINAFTER PROVIDED; DEFINING CERTAIN TERMS;
SETTING FORTH DUTIES OF COMMERCIAL AND
RESIDENTIAL CUSTOMERS WITH RESPECT TO GARBAGE
STORAGE AND COLLECTION; SETTING CHARGES FOR
GARBAGE COLLECTION; PROVIDING FOR THE SETTING OF
CHARGES FOR NON-STANDARD COLLECTIONS;
CREATING AN OFFENSE FOR MEDDLING WITH,
SCATTERING OR PILFERING THE CONTENTS OF GARBAGE
CONTAINERS; PROVIDING A PENALTY OF UP TO $2,000.00
PER DAY FOR VIOLATIONS OF ANY PROVISION HEREOF;
PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
• WHEREAS, the Cit Council of the Cit of Richland Hills Texas has entered
Y Y ,
into a new franchise for garbage collection within the City; and
WHEREAS, certain terms, rights, duties and obligations are defined in such
franchise; and
WHEREAS, after study, the City Council finds the present ordinances of the
City are in need of updating and revision on the subject of garbage collection.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That "CHAPTER 6, "HEALTH AND SANITATION", of the Code of Ordinances,
City of Richland Hills, Texas, as amended, be hereby amended by the repeal of
Section 5, "Garbage Collection", thereof, and by the adoption of a new Section 5 as
follows:
SECTION 5: GARBAGE COLLECTION
A. DEFINITIONS
(1) Premises: The word "premises" as used in this section shall be taken to
. mean business houses, boarding houses, offices, theaters, hotels,
ORDINANCE NO. 5 7 9 Page 1
t restaurants, cafes, eating places, tourist camps, apartments, sanitariums,
rooming houses, schools, private residences, vacant lots, and all other
places within the limits of the City of Richland Hills, where garbage, trash
or rubbish is generated or accumulates.
(2) CITY: The City of Richland Hills, Texas.
(3) CONTRACTOR: The person, firm, corporation or other legal entity under
contract with the CITY for collection of garbage, trash and other
non-hazardous waste within the CITY.
(4) Brush: Tree and shrub trimmings which are not easily placed in disposable
containers.
(5) Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel,
other waste building materials, automobile frames, dead trees, and other
bulky heavy material.
(6) Garbaee: Refuse animal or vegetable matter (as from a kitchen or food
processing facility), tin cans, bottles, sacks, clothes, extinguished ashes,
paper (not including heavy accumulations of newspapers and magazines)
and any other household waste which is damp or capable of emitting
noxious odors.
(7) Hazardous Waste: All fecal material, oil, sludge, and any radioactive,
• pathological, toxic, acidic or volatile materials or any chemical,
compound, mixture, substance, or article which is designated by the
U.S.E.P.A. or appropriate agency of the State of Texas to be "hazardous"
as that term is defined by or pursuant to Federal or State laws.
(8) Trash: All household refuse other than garbage, debris, brush, household
furniture and appliances; trash shall include grass, yard clippings, leaves,
weeds, heavy accumulations of newspapers and magazines, recyclable
waste, old clothes and other household trash of like kind, but shall not
include hazardous wastes.
(9) Disposable Containers: Any plastic bag or cardboard box with a capacity
or volume of thirty-three (33) gallons or less and which is capable of
containing garbage or trash without leaking or emitting odors, and which
weights, when loaded, less than fifty (50) pounds.
(10) Permanent Containers: Any closed, waterproof, plastic or metal container
or can with a capacity or volume of thirty-three (33) gallons or less and
which is capable of containing garbage or trash without leaking or
emitting odors, and which weights, when loaded, less than fifty (50) pounds.
(11) Commercial Containers: Metal containers supplied by CONTRACTOR
affording adequate capacity to service a customer so as to prevent
spillage, unsightly and unsanitary conditions.
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ORDINANCE NO. 579 Page 2
(12) Curbside Service: Garbage to be picked up by the CONTRACTOR which
will be located at the curbside of the street bearing the customer's
address.
(13) Handicapped Customers: A residential household in which all members of
the household are physically handicapped to the extent that they are
unable to place garbage at curbside. All handicapped customers shall be
charged the curbside rate charged other residential customers. The fact
of such handicap must be certified to CONTRACTOR by the City Manager
of CITY.
(14) Backdoor Service: A residential household where garbage pickup shall be
in the rear or side of household no further than five (5) feet from the side
or rear of said household and in an unenclosed area.
B. DUTIES AND OBLIGATIONS OF RESIDENTIAL CUSTOMERS
Every owner, agent, lessee, tenant or occupant of any residential premises in
the CITY ("residential customer") shall have the following duties and obligations:
(1) Each residential customer shall provide and use containers (disposable or
permanent) sufficient in number to hold the garbage and trash
accumulating on the premises.
(2) Each residential customer shall place all garbage, trash and brush (if the
• size of the brush allows) in either disposable containers or in permanent
containers.
(3) Each residential customer shall keep all such garbage and trash containers
in use securely closed in such a manner as to prevent the scattering of the
contents thereof and to render said contents inaccessible to insects,
rodents and other animals.
(4) Each residential customer shall place brush or trash which cannot be
placed in disposable containers or permanent containers into lengths not to
exceed four (4) feet, tie same in bundles, and stack such brush or trash at
curbside (as is hereinafter provided). Such brush or trash shall in no event
exceed more than sixty-four (64) cubic feet when stacked.
(5) Each residential customer shall place all vines and thorny bushes in
disposable containers.
(6) No residential customer shall place for collection, or permit to be placed
for collection, any permanent container, disposable container, item, or
bundle of brush or trash exceeding fifty (50) pounds in weight.
(7) No residential customer shall place for collection, or permit to be placed
for collection, any hazardous wastes.
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ORDINANCE NO. 579 Page 3
• (8) Each residential customer shall drain all garbage and trash mixed with
water or other liquids before placing same into a permanent container or
disposable container.
(9) All residential customers, other than handicapped customers and
residential customers receiving backdoor service for an additional charge,
shall place all permanent containers and disposable containers containing
garbage at the curbside on the street bearing such residential customer's
address in such a manner as to be easily accessible for collection and as to
prevent such garbage from being scattered. All handicapped customers
shall be entitled to receive backdoor service from CONTRACTOR, and
accordingly shall place all permanent containers, and/or disposable
containers containing garbage and trash at the side or rear of such
handicapped customers' building or structure no farther back than the rear -
wall of the building located on the premises in a location that will allow
the CONTRACTOR to gain access to and remove such containers from the
premises; provided, however, the CONTRACTOR shall not be required to
enter or be responsible for entering, into garages or behind enclosed
fences.
(10) Each residential customer shall place permanent or disposable containers
containing trash and brush and tied bundles of brush at the curbside on the
street bearing such residential customer's address in such a manner as to
be easily accessible for collection and as to prevent such trash and brush
and tied bundles of brush from being scattered.
• (11) All containers of garbage, trash and brush, and tied bundles of brush
required to be located at the curbside shall be placed at the prescribed
curbside locations not more than twelve hours prior to the scheduled
collection day and not later than 7:00 a. m. on the scheduled collection day
if such garbage, trash and brush, and tied bundles of brush are to be picked
up by CONTRACTOR.
C. DUTIES AND OBLIGATIONS OF COMMERCIAL INDUSTRIAL AND
INSTITUTIONAL CUSTOMERS
Every owner, agent, employee or person otherwise in charge of any commercial,
institutional or industrial premises within the CITY ("commercial customer")
shall have the following duties and obligations:
(1) Each commercial customer shall provide for and use containers
(permanent, disposable or commercial) sufficient in number to hold the
garbage and trash accumulating on the premises.
(2) Each commercial customer shall cause all garbage and trash accumulating
on such premises to be placed in permanent containers or, with the
approval of the City Manager or his designee, in disposable containers if,
in the City Manager's opinion, such disposable container will not create a
nuisance. Commercial customers shall place permanent containers and
disposable containers (if allowed) at the curbside on the street bearing
such commercial customer's address for collection at the same time and in
• the same manner as provided herein for residential refuse collection.
ORDINANCE NO. 579 Page 4
Provided, however, no more than four (4) containers of garbage and trash
shall be permitted per commercial customer per pickup. Should any
commercial customer generate more than four (4) containers of garbage
and trash per pickup, such commercial customer will be required to utilize
a commercial container.
(3) As an alternative to the collection method provided in C(2) above, (and
whenever any commercial customer generates more than four (4)
containers of garbage and trash per pickup) commercial customers may
dispose of garbage and trash by means of commercial container furnished
by CONTRACTOR. Additionally, multi-family residential complexes may
employ said commercial containers for garbage and trash collection in the
same manner as commercial customers. Commercial containers may be
used and placed at a location on the premises as arranged between the
customer and CONTRACTOR, subject to the review of same by the CITY
at any time.
(4) Each commercial customer shall keep all permanent containers, disposable
containers, and/or commercial containers in use securely closed in such a
manner as to prevent the scattering of the contents thereof and to render
said contents inaccessible to insects, rodents, and other animals.
(5) Each commercial customer shall drain all garbage or trash mixed with
water or other liquids before placing same into a permanent container,
disposable container or commercial container, and further, no commercial
• customer shall place for collection, or permit to be placed for collection,
any hazardous waste.
D. DISPOSAL OF GARBAGE
The disposal of garbage at any place within the city limits or within five
thousand (5,000) feet outside of the city limits is prohibited and the disposal of
trash or brush in any place within the city limits is prohibited unless said trash
or brush is disposed of in accordance with the requirements of Chapter 5,
Section 6 of this Code of Ordinances.
E. MEDDLING WITH GARBAGE CONTAINERS• PILFERING OR SCATTERING
GARBAGE PROHIBITED
No person shall meddle with, pilfer or scatter the contents of any disposable or
permanent garbage container, nor junk any item in any alley or street within the
City. Any person violating this subsection shall be guilty of a misdemeanor
involving public health and sanitation and shall be punished therefor as provided
in Chapter 1 of this Code.
ORDINANCE NO. 579 Page 5
• F. NON-STANDARD COLLECTIONS: DISPUTES
(1) CONTRACTOR shall provide an on-call service for the collection of large
objects and quantities of debris, including temporary roll-off service.
Upon request by a customer, CONTRACTOR shall provide an estimate of
the cost to remove and dispose of such items and upon mutual agreement
between CONTRACTOR and customer, the CONTRACTOR shall perform
the service. The agreed upon fee for the service shall be paid by the
customer immediately upon completion of the work performed.
(2) The City Manager will be the authority for the approval of charges for any
service not contemplated by this Section and for the disposition of any
dispute between a customer and CONTRACTOR. The City Manager may
designate a CITY employee to act as an enforcement officer hereunder
and to act as a liaison between CITY and CONTRACTOR. Any provisions
contained herein to the contrary notwithstanding, CONTRACTOR shall
not be required to collect and remove debris or other trash resulting from
construction, major remodeling, general cleanup of property, or resulting
from a sizeable amount of trash and debris being cleared in preparation
for construction. Provided, however, upon the request of any residential
or commercial customer, CONTRACTOR shall collect and remove such j
trash and debris and shall receive for such services a fee or charge
mutually acceptable to CONTRACTOR and the requesting customer.
(3) Non-Collection. Should a dispute arise between the CITY,
• CONTRACTOR, and/or a customer as to whether the CONTRACTOR
actually failed to make a collection (whether the CONTRACTOR missed a
pickup} the decision of the City Manager in such matter shall be final and
CITY and CONTRACTOR shall abide by said decision. However, if any
customer fails to timely place brush, permanent containers or disposable
containers out, maintains improper or inadequate containers for the
nature, volume or weight of garbage and trash to be removed from the
premises, or places improper bundles or volumes of brush or trash for
collection, CONTRACTOR may refrain from collecting all or a portion of
such brush, garbage and trash and shall notify CITY of the reason for such
non-collection. CONTRACTOR shall also provide notice to the customer
of the reason for such non-collection (unless such non-collection is the
result of the customer's failure to timely place the brush or containers out
for collection). CONTRACTOR's notice to the customer shall be in
writing, attached to the container or the front door of the residence or
commercial business, and shall indicate the nature of the violation and the
correction required in order that such garbage may then be collected at
the next regular collection date. When CITY is notified by a customer
that garbage, trash or brush have not been removed from his premises on
the scheduled collection day and where no notice of non-collection nor a
change in collection schedule has been received from CONTRACTOR,
CITY shall investigate. If the investigation discloses that CONTRACTOR
has failed to collect garbage, trash or brush from the subject premises
without cause, CONTRACTOR shall collect same within twelve (12) hours
after a collection order is issued by CITY, at no additional charge.
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ORDINANCE NO. 579 Page 6
. G. PRIVATE GARBAGE COLLECTION
Permit Required. No person, firm, or corporation shall hereafter collect
garbage, brush or trash within the city limits of the City of Richland Hills,
Texas, without first having obtained from the City Council, under the provisions
of this section, a written permit for such purpose, provided, however, that
nothing herein contained shall prevent residential customers from disposing of
their own garbage, trash or rubbish individually if such is done within the terms
of this section and particularly subsection D hereof.
H. NUMBER OF GARBAGE PICK-UPS
(1) CONTRACTOR shall make two (2) collections each week for each
residential customer and each commercial customer not utilizing or
requiring commercial containers. CONTRACTOR shall not commence
service to residential customers prior to 7:00 a. m. No collections will be
made on Sundays or holidays.
(2) The following days shall be recognized as holidays, and services will not be
required on those days.
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
• Holidays falling on Saturday will be observed on the preceding Friday
unless Saturday is a scheduled collection day. For residential service only,
holidays falling on Sunday will be observed on the following Monday. When
a collection day is missed due to the holiday schedule, CONTRACTOR will
collect all garbage, trash and brush on the next scheduled service date.
No adjustment or reduction in monthly customer service charges will be
made as a result of the non-collection on holidays.
IL
That Section 6, "Garbage Collection Rates', of CHAPTER 6, "HEALTH AND
SANITATION", of the Code of Ordinances, City of Richland Hills, Texas, as
amended, be hereby amended to hereafter be and read as follows:
SECTION 6: GARBAGE COLLECTION RATES
A. Residential:
(1) Curbside residential monthly customer service charge $4.31
(2) Residential backdoor monthly customer service charge - $6.90
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ORDINANCE NO. 579 Page 7
. B. Commercial:
(1) Front End
WEEKLY FREQUENCY OF PICK-UPS
CONTAINER EXTRA
SIZE 1 2 3 4 5 6 PICK-UPS
2yd $28.16 $43.16 $59.41 $74.41 $90.66 $106.91 $10.00
3yd 38.16 45.66 84.41 106.91 130.66 158.16 11.25
4yd 51.91 81.91 113.16 144.41 175.66 210.66 15.00
6yd 58.16 104.41 125.66 173.16 220.66 255.66 22.50
8yd 75.66 135.66 180.66 228.16 270.66 315.66 30.00
NOTE: Containers with casters $6.00 Extra
Containers with locks $2.00 Extra
(2) Non-temporary Roll-off Containers
CONTAINER DELIVERY MONTHLY LOAD
SIZE FEE CHARGE CHARGE
20 yd $50.00 $98.16 $80.00
25yd 50.00 98.16 80.00
30yd 50.00 120.66 96.25
35yd 50.00 ~ 120.66 103.75
40yd 50.00 143.16 112.50
(3) Temporary Roll-off Containers
One (1) Load per Month Minimum
$50.00 Delivery Charge
(4) Commercial Hand Collection
Maximum of Four (4) Thirty (30) Gallon Cans per Collction
(Collected Twice per Week)
$19.41 per Month
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ORDINANCE NO. 579 Page 8
• III.
PENALTY CLAUSE. Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount of not less than twenty-five dollars
($25.00) nor more than two thousand dollars ($2,000.00) for each offense. Each day
that such violation shall continue shall be deemed a separate and distinct offense and
shall be punishable as such.
lV.
SAVING CLAUSE. That Chapter 6 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
V.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
• unconstitutional phrase, clause, sentence, paragraph or section.
VI.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication as provided by the Richland Hills City Charter and
the laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 11th day of Apr i 1, 1988; by a vote of 4
ayes, ~ nays ands abstentions.
APP VED:
n
aul Daniels, Mayor
\ATTL~T:
Paulene Kempe, City Sec tary
PPROVE A TO F RM:
aul F. Wieneskie, City Attorney
0083a/dd/4788
ORDINANCE NO. 579 Page 9