HomeMy WebLinkAboutORD 2011-33 - Garbage Collection & DisposalORDINANCE NO. 9O i °3
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING
CHAPTER 13.12 OF THE CITY CODE OF ORDINANCES RELATING TO
GARBAGE COLLECTION AND DISPOSAL; REPEALING CONFLICTING
PROVISIONS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown contracts with Texas Disposal Systems for solid waste disposal
services; and
WHEREAS, the City of Georgetown wishes to amend its current garbage collection in order to provide
additional guidelines regarding the solid waste disposal services provided by the City of Georgetown
and Texas Disposal Systems;
WHEREAS, the proposed ordinance amends the guidelines for the collection of garbage, refuse, brush
and other waste material and the prohibition of the accumulation of waste.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby
declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if
copied verbatim.
SECTION 2: The City Council hereby finds that this Ordinance is consistent with the
comprehensive plans of the City.
SECTION 3: Chapter 13.12 of the Code of Ordinances is hereby amended as shown in Exhibit A.
SECTION 5: All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in
conflict with this Ordinance are hereby repealed, and no longer in effect.
SECTION 6: If any provisions of this Ordinance or application thereof to any person or circumstance,
shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this
Ordinance which can be given effect without the invalid provision or application and to this end the
provisions of this Ordinance are hereby declared to be severable.
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SECTION 7: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This Ordinance shall become effective and be in full force and effect ten (10) days on and after
publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of
PASSED AND APPROVED on Second Reading on the C93 day o
A 1 1EST:
ica Brettle
Secretary
APPROVED AS TO FO
11.1 Altaltb_
V
Bridget Chapman
Acting City Attorney
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Or-014030i
THE CITY OF GEORGETOWN:
George arver
Mayor
CHAPTER 13.12. - GARBAGE COLLECTION AND DISPOSAL
Sec. 13.12.010. -
hc City
Sec. 13.12.020. - Definitions.
Reserved.
441Cc' • 3 _
is chapter,
As used in this Chapter, the following terms have the respective meanings ascribed to them:-
"Backyard Com ostin eans the on.-site rocess of c m ostin at the household level,
using Composting Bin or Contained Areas of organic jjei where the hiolo ical
decomposition or t )-anic materials such as leaves grass-ch ins. brush and -food scra- s is
processed into a soil amendment for use at the same location.
"Bags" means a paper or plastic sack, designed to store Solid WasteTrash, having sufficient
wall strength to maintain physical integrity under normal loading when lifted by the top.-
"Bulky Waste" includes appliances, furniture and other large waste materials or items that do
not fit in the Cart. "Bulky Waste" does not include coi
Iazar
tietifisCon.struction -Debris, refrigerant-charged appliances,
or Unacce tahle Waste.
"Bundle" -means Yard Waste or newspapers and
magazines securely tied together forming an easily handled package not exceeding four feet in
length or 35 lbs. in weight.
"Cart" means a plastic container provided by Contractor to Customer witl attached lids and
wheels for the purpose of storing Trash for collection.
"City" means R-e-t--e-Rit-the area within the corporate limits of the City as it now exists and as
may hereafter be changed, 41-itand also those areas outside • .-. the corporate limits of the City
where a - -• • -..` - -e-4Utiiity -Service is provided by the City, except m
those instances where a contrary intent is apparent.
"Cariamer --eiatemer" 1.21031.15 anc
.3i€1-enti7a1 CUStOrn-c-xp,
"Compost" means a :mixture of decayed or decaying organic matter, such as Yard Waste and
Page 1 of 15
ve Yetable sera s that have been d.e osited. i.nto a Corn osti.n . Bin or Contained. Area in order
to encourage decomposition as a result of the action of aerobic bacteria funoi and other
1a. 'sms for the s ecific our -)ose of improvino- soil structure and
itrients.
'Com ostinZ Bin." means an enclosed contain.er used for •a.rti.cul.ar ur ose ot ma i
Compost.
"Construction Debris" means waste reriulting
including all materials that are directly or indirectly the by-products of construction
that result fr-(.+mor demolition of buildings and other structures, including, but not limited to,
paper, cartons, gypsum board, wood, rubber and plastics.-
0
.s used-to-4
65, 3nd-96 gallon.
e. Cc
"Contained Area" means a location enclosed within a durable material that prevents the
contents from blowing or otherwise separating from the her contents inclu.ding, but not
limited to stu...dv woven wire fencin rotresistant wo
provide for adequate aeration.
om ostino- Bin Which wil
"Contractor" means the person or entity the City
ction and ispoi.ial sery
-rovi e Solid Waste Collection a- d Dis Services
Services.
"e-ff
Ticcs contracts with
Recvclin Collection and
"Customer" means any entity or person, residential or non-residential, that uses or pays to use
one or more City Utility Service.
"Dumpster" means a metal or poly-type receptacle for Trash provided by Contractor to
-.Non-residential Customers designed to be lifted and emptied
mechanically.-
"Front-Load Compactor" means a compactor with a capacity efnot exceeding six cubic yards
that performs compacting functions; and that-is typically serviced with a front-load truck.
Vermin, except
Page 2 of 15
.r which i likely to attrac
:he.
^.^
.• a-44de-
'ans
Depar;rl €ent of
pa er; envelo
l ity polvethy lcane
Ich" means
i.c.e nutrients
reduce erosion,
nd
".Non- resi.dentia
e
la. st1CS
1Dl
3;
zi
bever
=• ; .fer.
terephth.al.la:te
rtismlents. For co
c.tive cover placed. over the soil. to retain
s and. reed gerr .illation and. growrtl .
ocess of . ,lacil€ � a .rotective cover over the soil to retain moisture,
ere ia1
ec.uce erosion
ide nutrients, and suppress pests and weed germination and growth.
Customer" means an entity or person. that occupies a dwelling, building or
o:
ose and lzses c.r a zs to use Unlit ervices.
eans the materials designated by the Department of Environmental
Services as recyclable. A. current 1..ist of Recyclable Materials may be obtained from the
Department of Environmental. Services or the Utility De. a.rtmei
"Recycling Bin" rrre£i s a plastic bin with a capacity of approximately 18
gallons furnished by the Contractor to each- Residential Customers and .certain Commercial
Non - residential Customers for use in the collection of Recyclable Materials.
14-- Cus4ome..
four or le rc
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)r sepa
de.firu
in a r
oper� ti.c
Ouse fourplex,
shall be 1.
'Recycling Container" means ap1astic wntainer rovided b • Contractor to certain Non-
residential Customers With attached lid and beels for use in the collection of Zec citable
"Residential Cu.stomer" means a. i er,. on tha t occu. i.es a dwe1iin Ci
ui1din or structure sole
for domestic •purposes, who uses or pays to use Utility- Services.
"Roadside" means within the State, County or City right-_of-_way, including alleyways, on
either side of open ditches.-
"Roll-Off Compactor" means a compactor that is stationary or self-contained, with a capacity of
20 cubic yards or greater that performs compacting functions7 and that is served or able to be
serviced with a roll-off truck.-
'Roll-Off Container' means a detachable
yards or greater.-
\k.
(1
;-;, Garbage, I-li
dbo clot
"Solid Waste" 1-ear Is Garbage,
'FT-el-Aiding means Trash, Bulky Waste,
Waste" does .not include Unacceptable Waste.-
"T
mtainer with a capacity of U3II2 cubic
ste7
nstruction Debris and Yard Waste. "Solid
"Trash" means astes esu ]tin. frorn domestic or co cial. 0 erations incid •
life. "Trash" does not include Unacceptable Waste.
"Unacceptable Waste" means-any and a.14-1Aars-te-
3c. hid tpash
ban
1. waste which is now or in the future prohibited from disposal at a sanitary Ian fill
a federal state or local law or regulation;
waste that reo ires other than c handling storaL manaernent ad
disposal;
3. dead anima. s, except for animals euthanized under authority and ec m of the
City,
Page 4 of 15
4. livestock and d slaughterhouse waste; and
5. waste which because of its cuantitv concentration r
enc T of dis:osai le
disposal procedures, regulatory status, or physical, chemical, infectious or other
characteristics eo ardizes or mav eoiardize the envi -•Amentallv sound o eraticn of
a disposal site.
al laws or the regulations pr
H.azardous
pTomulga
i detc
reunE
‘S.
•
"OSS;
1.3.
1/1. .Residue or debris from the
Page 5 of 15
reU
t trap w2stes;
ns
-ss and stabilized and/or
rch
un.derg
disposal proced.u.
ce" means one or more €:4
water service, sewer service, drainage service, electrical service,
used in this chapter, it or Waste Collection and Disposal Service.
ow.
als el
ovi.d.ed by the City
"Wa Coll.ec- ti.cn and 3i.s :oral. Service" means enec
the Contractor purst ant to the contract with the City.
"Vector (of d:
services- provided by
"Yard Waste" means tree limbs, grass and plant clippings, and tree or brush trimmings that are
bagged or bundled for. - Roadside collection.-
Sec. 13.12.030. - Accumulation of waste Gtr-prohibited.
A. It is unlawful for any person; firm or
to place,
permit to be placed, or cause to be placed , -elepos itc -ef e £, any E r moose
olid Waste or Unacceptable Waste of any kind on public or private property
ce, building, fia -t--or + structure in the City, unless the same
l in accordance with the provisions of this Ch: ter..
outside of any hors
has been
B. It is unlawful for an
ublic
si.due the }re
which.
person or entity to cause or
able or mineral rrr.a
ondition or
be or remain in or upon
ers
due remains
0
Page 6 of 15
rious to public health.
:car rrrore than five d.ays it ltirill be
presumed. that the condition is unsanitary or injurious to public health,
to be ex-ci
4.
1
vege table waste matter
Causing or permitting-
provided in Sect-ie.'
rush .
that location,
S-e-c. 13.12.
t
is Cl
ing of
mcra
utter, street,
. f ny garbage, re • f
ad.dition, the actual e
e : - count-4-1.
Sec. 13.12.035. Back a d Cornostin and Mnlching
A Backyard Composting shall be carried out by the owner or occupant of a residential
property in accordance with the following requirements:
1
€h--has rermuned
a -or
any
1. Backyard Composting shall take place only in a Contained Area or Corn
Page 7 of 15
stiflo '
2. 'Backyard Composting shall take place at the rear of the property and shall be
located at least 5 feet from any property line and at least 20 feet from any dwelling
u.n.it deck --.t* - or outdoor area assn • -l'a • d wi th an ad:a perty.
. .A. Composting Bin or Contained. Area used for Composting shall not exceed 3 cubic
yards in size.
4. For -esidentia s containi
0
.ore than. fou.
its. Backyard Con.
e
e following materials shall NOT be used in Back 'a I Com, bones
fat, oils, dairy products arid
,asv
'astes Whole branches 01 logs,
plastics, synthetic fibers, human or household pet wastes or heavily diseased plants.
6. No offensive odor shall be permitted to emanate .from the Compost Bin or
Contained Area.
7. Composting shall be maintained so as to not attract insects, vermin or animals.
8. Com ost shall be layered aerated moistened turned .m.aTa red and covered durino-
inclement weather to promote effective- decomposition of the materials in a safe,
secure and sanitary manner.
B Mulching shall be carried out by the owner or occupant of a residerdial property in
accordance with the following requirements:
1. Mulch generated on-site for use in vard.s, gardens or landscaping shall
consist of chipped, shredded, or
und -veo-etation 'Yard Waste clean and rocessed
recycled •\. • -id roducts or mixed food waste.
2. Mulch generated on-site must be used on site.
3. hi,enerated on-site for future use must be stored. in a Contained Area.
Com j,i, Tvfulching, , and land a lication of 0. om ost and Mulch shall be cin.d ucted.
in a manner that prevents the discharge of material to or the pollution of surface water or
ioundwater in accordance with the :rovisions of the Texas Water Code 26, and any
other applicable statute or regulation.
Page 8 of 15
D. Com ostii
and land a
S
ication of Comiost and tvtulch. shall be conduded
in a sanitary manner that shall not create nuisance conditions as rohibited by the Texas
Health and Safety Code Cha -yters 341 and 382 rrelatirto' • Minimum Standards of Sanitation
and Health Protection Measures; and Clean. .A.i.r Act), the Texas Water Code, Chapter 26
(relating to Water Quality Contro. iand an\' other a oiicabie statute or regulation.
E. This Section does not apply to Non-Residential C,ustomers,
Sec. 13.12.040.
A. Required.
1.
Waste collection and charges mandatory—Exceptions.
iced inthi s chapterExcep•t as otherwise provided in this Chapter, the
Contractor will be the exclusive provider of Waste Collection and
Disposal. Service for
, trash refuse
all owners, occupants, tenants efand
within
lessees using or occupying any building, house or structure
City.
2. Since the proper and prompt removal of
waste is essential to the preservation of public health and safety, 4-4--is
--a44east- the appropriate charge-4
person, owner or, occupant, tenant or lessee, using or occupying any premises as a
residence or ,E for any . • -residentia shall be
charged at least the minimum charge set forth in Section 13.04.180 of his Code for the
Waste Collection and Disposal Service to provide for . quitable
distribution of the cost of this service tefor the benefit of the entire citizenry enjoying the
benefits-thereof.
3. Where ,,, .;,,,, , :, ,.: , ,..-i , ,,,,-- ...1=a. building,
house or structure houses multiple entities, occupants or tenants, one person in
t11 - :or entity may elect to be responsible for the
payment o ,..
to the provisions of this chapter-charges for Waste Collection and Disposal Services for all
other Customers in the building house or stru.cture. Th.e election s a..1. be made in 1/1:rit4g
and filed w'
e 'Utility De a.
Customer in
the Cu.stom.er's utility bill.-
Page 9 of 15
en t. In the absence of such aRa written election, each
:he building is subject to chafg
be chared for Waste Collection and Disposal Services on
fe
En ir
B. Exceptions.
1. Unacceptable Waste. Waste (ioi1ecticm and Dis7osai Service does i
ly-the-Citv's Contractor.
4'0c-fed to the CA
ide
collection or dis osa - • •• .I.Inacce tahle Waste. Unacceptable Waste must be legally
disposed of through other facilities or services
2. Roll Off,; (inCluding Roll -Off Containers, Roll-Off Compactors* and Front Load
Compactors),i
a. The- City's Contractor shall provide Roll-Off Containers, Roll-Off Compactors,
and Front Load Compactors to
a Customer,
b— Mothing in this-C-**le- upon a Customer's request. Customer shall fetiiie-a
Customerhe charged for .Roll-Off Containers, 'Roll-Off Compactors, and Front Load
Compactors services by the Contractor and the Customer shall pav th.e Contractor for
such services.
b. A Customer is not required to use Roll-Off Containers, Roll-Off Compactors,
and Front Load Compactors provided by the Contractor if: 4-
...L the transporter is the generator of the material being transported and owns
the Roll-Off Container(s), Roll-Off Compactor(s), and Front Load Compactor(s),
and the truck that services the Roll-Off Container(s), Roll-Off Compactor(s), and
Front Load Compactor(s); or
ii, the Roll-Off Container(s), Roll-Off Compactor(s), and Front Load
Compactor(s) is used for Recyclable Materials.-
c. The
Compactors, and Front Load C
Page 10 of 15
rs
irectly
Cua
e
rvices Department Exemption.
Services Depart n.- .e
file an a
demons
Disposal Service and th< t one of the
•ion for exemption itl the Env i.rt c n.n :nE :al
ere is no need for Waste Collec:ti.on and
ified exemptions applies:
V b • °o ert T is emptyy and r€ ° cc pied, with no 1.a wn service;
ert T is bei.n: c.sed. for a cer teter r and does rust have a .ce•
iii. the property is beii used for agricultural purposes.
b. Cy: riser s1..all pi oxide d.ocumentationrec t. e ted 1 the i
D 't rent an shall. z aloe the : rc ert availab e for iris, ectio
Env
C
ervices Department.
e
ested b
?ices
c. The Environmental Services Department shall approve the application. for
ex em n i_f there is no need .for Waste Collection a. d. Dis osal Services and a
qualified. exemption applies.
4. Utility Department Exemption.
ion for exemption.
approved by the Utility Office d.emonstrat that a property is both vacant and ur
contract to sel.1.
a. Customer shall file an application. for exe.inpti<: n with. the Ufilit Dep artme n t
demonstrating that there is no need for Waste Collection and Disposal Services and
that the 'property is both vacant art.d under contract to sell.
b, Cu
shall snake
Department.
all rc>vi.de cl.oc:unectatcsn sec uested by the Ut.il.it 3 Department a
J avaIla
ction, if re c uested by t1. the
c. The Utility Department shall approve the application for exemption if there i.s no
need for Waste Collection and Disposal Service and the property is both vacant and
under contract to sell.
nts concerninv the Coi
Col.lectio.n
shou.:ld be directed to the Contractor or to the Environ.n eni:al Services Department.
Page 11of15
ho
• Of€icc.
:es,
Sec. 13.12.050.
Every owner, agent,
ss land being ur_red for- agrics It .tral purpo -es; (2) ..h
Hired
es .trio
req.,.. 4.
- Carts or lurpsters Required.
essee, tenant or . occupant of any seresidence, building,
'e, or commercial establishment - where persons reside,
occupy, board or lodge, or where animal or vegetable food is prepared or served, shall provide
residence, building, t; --apa4 -.:.:, structure or commercial
establishment with a Cart or pster, and at-41 tzsnes shall maintain the Cart or Dumpster in
good order and repair,
designate
shall be charged in accordance with Subsection 13.04.180 E- oaf this Code.
A fee for lost or stolen
'arts o ` Dumpsters
Sec. 13.12.060. - Collection of garbage, refuse; bru; hiSolid Waste and
Rec ', clable Materials.
A. The
Contractor shall provide
.,Recyclable Materials to all
and allowable volumes of such collection shall be established by the City Council from time to
time.
adside pickup and disposal of r
e
lid Waste and y =ard waste and bulky
sid.ent.ia.1 Customers, The frequency
B. The City's Contractor shall provide pickup and disposal of sEa ' . ~ Solid
co, znmercia l custof , , °_, .� Non- residential Customers. Upon request of
Page 12of15
to all
a on- residential., C. rstc n .c r. in designated areas of the City, the , Contractor shall
provide Non- residential Customers with pick uppickup and disposal of
Recyclable Materials. The frequency and allowable volumes of such collection shall be
established by the City Council from time to time.
C. The owner and the occupant, tenant or lessee of erty served by the City's
Contractor are each responsible for compliance with this c1Chapter. The City's 4r
x•' s utility billing records are prima facie evidence of the identity of the
lity a.ccou..nt hol.d.er.
D. All
collection only in Bags and
Residential. Customers.
Trash shall be placed for
r:&Carts, or Dumpsters for o f cial. cu,-.tonte s- :ion-
E. Bulky waste shall be ply < Waste collection is a ..ab e b_, a; ; ointr a.ent only-- z.fter,
Customer shall. schedule the city -has bec f tl e + .- fc - c appointment for
Bulky Waste collection direct with .fl e Contractor. Bulks Caste shill be : lacec
I oadside for collection no more than 24 hours prior to the sched led collection day.
F. Yard wa4eWaste must be securely tied together in Bundles not exceeding four
feet in length or 35 lbs. in weight.
G. Bags, Carts, Recycling Bins, and contairu -: Re ; clizag Containers shall be placed for
collection between 9.5:00 p.m. the night preceding collection day and 7:00 a.m. of collection day
and shall be placed as close to the
oadside as practicable without interfering with
vehicles or pedestrians. Carts, Recvc tin Bins .Recycle Containers and Ba. >s no
collection day shall be removed fro
day.
he Roadside by 7 a.m
e d.a
owil
ected,
e collection
H. Only rccycla.ble matcrialsRecycla.ble Mate.rial.s approved by the City shall be placed in
Recycling Bins a.nd .Recvc.lin Contai.ncrs.
Sec. 13.12.070. - Use of another's containerCart or Dumps ter—Meddling with or scattering
contents of a Recyclin Bin. Re cling Container, Cart or Dumpster.
A. It is unlaw4 -a violation of this Chapter:
1. for any owner, occupant, tenant or lessee, using or occupying a building, house or
structure as a separate unit, to utilize the «:u Cart or reccptaclesDurnpster
of another owner, occupant, tenant or lessee for the disposal o
Solid Waste to evade the payment of th
Page 13of15
charges for
>te. Collection and Disposal Servi
2. for any person to meddle with any garbage- eenta.
Du rn : ter Reevelin ,Fin or re cvcli:
conta
Ca.
ster Recvc
Co
LBag, Cart,
finer unless such
Bin or r :, F ec: >c Container is owned
or controlled by such person, or unless such person is an authorized collector of the
contents; under this ? a ; : .Chapter; or
3. for any person to scatter, scavenge from, disturb, or remove the contents of any
Bag, Cart, Dumpster, Recycling Bin, or Recycling Container.
B. Exception. Non re ;a.dential Customers that are adjacent to or with:.in tine same complex
ma share a Dm ias deg• the followin_ circ ttst a ce if authorized in vritin= l� j.t1
Environmental Services Department.
One Non -:
1.entia1 Customer (primary) m:: st take full respo.nsibili
Y
the Dumpster a_ d include it on their utility bi1I..
2. The primary Customer must provide the 'Environn e al Services Department with
w:ii:tten authorization for offer ors- residential Customers to share the 'Dumpster
3. Determination of ho ilia cost of the Dumpster vi11 be shared between the Non -
residential Cristonlers is t1e responsibility of the N'on- residential Custorriers.
Sec. 13.12.080. - Rates generally.
The gen ! : rates for col.lec
Service under the provisions of this
and fixed by
least be in an
e Collection and err- uslhlX l
apter shall be determined
the City Council. Such collection rates shall at
amount necessary to meet the cost of
he Waste
Collection and L)isposa.l. Service under this Chapter. Suela a.ste Collection and Disposal
Service rates shall be available in writing at the cityErivironmental . Services Department and
the Utility Department offices during business hours.
Sec. 13.12.090. - Reserved.
Sec. 13.12.100. - Failure to pay charges —Disco-
All
d.-ueT.he City shall bill char yes
monthly -ate The Customer must
not _paid to the Cit when due, and if nol
! ast
u
Collection and Disposal.
fil e all bi.lied chances =l�
of utility service.
n
U
Page 14of15
the City has the right to suspen
cl..a -rges ere
ec.tion and Disposal Services and any other
Tice. Utility Se not be resumed until sa44-- 1ai11haGal1 charges due have been paid
in full, including additional charges for d:iscom. ectingdisconliection and resumption of
Utility Service. Such charges are fixed, and may be increased or decreased, by City
Charges are available in writing
En jironn ental Services Department and the Utility Department offices: during
Council
at the
*business hours.
Sec. 13.12.110. Violations and Penalties.
A. c: - ! An entity or person who violates the provisions of this
Chapter, upon conviction, shall be punished in accordance with the provisions of
Section 1.08.010 of this clCode. Each violation shall constitute a separate offense. The City
also has the power to enforce the provisions of this 4 ia- Chapter through civil court action.
13. First ti_ n.e violators of this Chapter will receiv
C.
a.ctua
co
in
ing.
or
Unacceptahle ViTaste slaa:ll be billed to the active uti:l.ity account for the property. if their€ is no
utility account for the property, the cost shall be billed to the owner of the property or
o 's des :i.axtecl ro. e : en en .t coin :`an
Page 15 of 15