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HomeMy Public PortalAboutOrdinance No. 627-90 11-26-1990 • ORDINANCE NO. 6 2 7 AN ORDINANCE AMENDING CHAPTER 6, "IIDALTH AND SANITATION" OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, BY THE REPEAL OF SECTION 5, "GARBAGE COLLECTION", OF SAID CHAPTER AND BY THE SUBSTITUTION OF A NEW SECTION 5 THEREIN AS HEREINAFTER PROVIDED; AND BY AMENDING SUBSECTION A, "RESIDENTIAL" OF SECTION 6, "GARBAGE COLLECTION RATES" OF SAID CHAPTER TO ADD RATES FOR CURBSIDE RECYCLING; DEFINING CERTAIN TERMS; SETTING FORTH DUTIES OF COMMERCIAL AND RESIDENTIAL CUSTOMERS WITH RESPECT TO GARBAGE AND RECYCLABLE MATERIAL STORAGE AND COLLECTION; SETTING CHARGES FOR GARBAGE AND RECYCLABLE MATERIAL COLLECTION; PROVIDING FOR THE SETTING OF CHARGES FOR NON-STANDARD COLLECTIONS; CREATING AN OFFENSE FOR MEDDLING WITH, SCATTERING OR PILFERING THE CONTENTS OF • GARBAGE AND RECYCLABLE MATERIAL CONTAINERS AND FOR THEFT OF RECYCLABLE MATERIALS; 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 City Council of the City of Richland Hills, Texas, has entered into a new franchise for garbage and recyclable materials 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 and recyclable materials 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: ORDINANCE NO. 6 2 ~ Page 1 • 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, 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, recyclable material and other non-hazardous waste within the CITY. (4) Brush: Tree and shrub trimmings in bulk which exceed 3' in length or which cannot be loaded into regular refuse compactor equipment. (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) Garbage: 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) Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs (less than 3' in length) and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. (8) Hazardous Waste: Any waste, even though it may be part of a delivered load of waste, which: (a) is defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (b) because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed; or • ORDINANCE NO. 6 2 7 Page 2 (c) is identified or listed as a hazardous waste by the administrator, U.S. Environmental Protection Agency (hereinafter called "EPA"), pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976; or (d) is required to be accompanied by a written manifest or shipping document describing the waste as "hazardous waste", pursuant to any state or federal law, including, but not limited to, the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, and the state and federal regulations promulgated thereunder; or (e) contains polychlorinated biphenyls or any other substance, the storage, treatment or disposal of which is subject to regulation under the Federal Toxic Substances Control Act as amended and the state and federal regulations promulgated thereunder; or (f) contains a "reportable quantity" of one or more "hazardous substances", as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act as amended and the state and federal regulations promulgated thereunder or as defined under any other state or federal law and the regulations promulgated thereunder; or (g) contains a radioactive material the storage or disposal of which is • subject to state or federal law and the regulations promulgated thereunder. (9) Special Waste: Any waste, even though it may be part of a delivered load of waste, excluding insignificant quantities found in residential waste, which is: (a) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (b) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; or (c) dead animals and/or slaughterhouse waste; or (d) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial waste water treatment plants; or (e) liquid waste, which for the purposes of this Agreement means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or (f) waste from an industrial process; or ORDINANCE NO. 6 2 ~ Page 3 • (g) waste from a pollution control process; or (h) waste transported in a bulk tanker; or (i) friable and/or nonfriable asbestos waste; or (j) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or (k) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (1) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (m) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (n) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which • occurs after the Effective Date of this Ordinance, requires special or additional management that differs from the requirements applicable on the Effective Date of this Ordinance; or (o) any waste that requires other than normal handling, storage, management and/or disposal. (10) Trash: All refuse other than garbage, debris, brush, yard waste, household furniture and appliances; trash may include sweepings, rags and other refuse normally generated in residential or commercial use, but shall not include hazardous wastes or special wastes. (11) Recyclable Materials: Newspapers: Newspapers only. No magazines, mail, paper bags or other paper. Glass Bottles and Jars: No mirrors, windows, ceramics, etc. Cans: Cans only -beverage, food, beer, soft drinks composed of tin, steel, and aluminum. No scrap metal. Plastic: H.D.P.E. and P.E.T. bottles. Bottles in this category would include three-liter • soft drinks, milk, juice, water, shampoo, alcohol, and anti-freeze. ORDINANCE NO. 6 2 ~ Page 4 • (12) 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, trash or yard waste without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. (13) 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, trash or yard waste without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. (14) Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. (15) Recyclable Containers: CONTRACTOR shall provide for each residential customer a container of no less than sixteen (16) gallons, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge a $5.00 replacement cost for a recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not • be responsible for any containers damaged or destroyed by CONTRACTOR. (16) Curbside Service: Garbage or recyclable materials to be picked up by the CONTRACTOR which will be located at the curbside of the street bearing the customer's address. (17) 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 or recyclable materials 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. (18) Backdoor Service: A residential household where garbage or recyclable material 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, trash and yard waste accumulating on the premises. Each residential customer shall use only • the recycling containers furnished by CONTRACTOR for recyclable materials. ORDINANCE NO. 6 2 ~ Page 5 . (2) Each residential customer shall place all garbage, trash, brush, yard waste and recyclable materials (if the size of the brush allows) in approved 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, recycling 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 or special waste. (8) Each residential customer shall drain all garbage, trash, yard waste and recyclable materials mixed with water or other liquids before placing same into appropriate containers. (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 and recycling containers containing recyclable materials 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 or recyclable materials 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, yard waste and trash and recycling containers containing recyclable materials 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 and recycling . containers at the curbside on the street bearing such residential customer's address in such a manner as to be easily accessible for ORDINANCE NO. 6 2 ~ Page 6 collection and as to prevent such trash and brush and tied bundles of brush and recyclable materials from being scattered. (11) All containers of garbage, trash, brush, tied bundles of brush, yard waste and recyclable materials 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, brush, tied bundles of brush, yard waste and recyclable materials 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. 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. ORDINANCE NO. 6 2 ~ Page 7 • (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, or recyclable materials container, nor junk any item in any alley or street within the City. No person shall take or remove recyclable materials which have been placed for collection as provided in this Section 5; provided, however, it shall be a defense to prosecution under this subsection that the person was a peace officer, an employee of CONTRACTOR, or was acting under the direction of a peace officer. 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. 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 trash and debris and shall receive for such services a fee or charge mutually acceptable to CONTRACTOR and the requesting customer. • ORDINANCE NO. 6 2 7 Page 8 • (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, disposable containers or recycling 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, trash, yard waste or recyclable materials 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, trash, yard waste, brush or recyclable material may then be collected at the next regular collection date. When CITY is notified by a customer that garbage, trash, brush, yard waste or recyclable materials 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, brush, yard waste or recyclable materials 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. G. PRT~ATE 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., and shall not commence service to commercial customers prior to 8:00 a.m. No collections will be made on Sundays or holidays. • ORDINANCE NO. 6 2 ~ Page 9 • (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, brush, yard waste and recyclable materials 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. II. That Subsection A, "Residential" of 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 - $4.63 (2) Residential backdoor monthly customer service charge - $7.33 (3) Curbside residential recycling monthly service charge - $1.97 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. TV. 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 NO. 6 2 ~ Page 10 • 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, except that the new rates and the regulations governing recyclable materials shall take effect on January 1, 1991. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 2 6 thday of Nov . , 1990; by a vote of 4 ayes, ~ nays, and ~ abstentions. APP OV `~~h`~ ~ James R. Truitt, Mayor . ATTESTt f ` ~ Pauline Kempe, City Se ret~ AS TO FORM: r. L- Paul F. Wieneskie, ity Attorney 0200a/dd/112790 ORDINANCE NO. 6 2 ~ Page 11