Loading...
HomeMy WebLinkAboutORD 06.14.1983 - Garbage & TrashGARBAGE AND TRASH ORDINANCE AN ORDINANCE REGULATING THE COLLECTION OF GARBAGE AND TRASH IN THE CITY OF GEORGETOWN TEXAS AND IN OTHER AREAS SERVED WITH CITY UTILITIES DEFINING CERTAIN WORDS REGULATING THE TYPE OF CONTAINERS REQUIRING THE KEEPING OF CONTAINERS PROVIDING FOR THE COLLECTION OF GARBAGE AND BRUSH AND OTHER WASTE MATERIALS SETTING PROCEDURE FOR FIXING RATES AND CHARGES REQUIRING MANDATORY RESIDENTIAL COLLECTION REQUIRING THE DISPOSAL OF INDUSTRIAL WASTE AND WASTE FROM BUILDING OPERATIONS BY OWNER PROHIBITING THE ACCUMULATIONS OF WASTE MATTER REGULATING THE BURNING OF TRASH AND OTHER WASTE MATTER REGULATING THE REMOVAL OF WASTE MATERIALS AND THEIR DISPOSAL REGULATING SANITARY LANDFILL PROVIDING FOR ENFORCEMENT HEREOF AND FOR PENALTIES FOR VIOLATION PROVIDING A SAVING CLAUSE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTAIN AND PENALTY CLAUSE HEREOF WHEREAS the Collection and disposal of garbage vitally affects public health and welfare and WHEREAS in the course of protecting the health and welface of the citizens of the City of Georgetown and of the public in general it is incumbent upon the governing body of the City of Georgetown by virtue of the statutes of the State of Texas to provide adequate garbage collection and disposal services for the citizens of the City of Georgetown and those citizens in the areas served by said city with water sewer service or electrical service or all such services or part of said services GEORGETOWN NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1 Scope of the Ordinance The provisions of this ordinance shall apply to all territory within and without the corporate limits of the City of Georgetown served by said city with utilities as herein defined or other areas as may be described in this ordinance SECTION 2 Definitions (a) Brush Large tree or shrub limbs branches or trimming which cannot be handled in standard garbage trucks (b) Garbage Kitchen refuse ordinarily including only foodstuffs or related materials that may accumulate at a household (c) Large appliances and trees All refrigerators stoves water heaters trees tree limbs etc that are too large heavy or bulky to be collected with normal collection equipment (d) Refuse All wastes resulting from domestic commercial or industrial operations incident to urban life except sewage but including garbage brush and trash (e) Trash Refuse that can be handled in a standard garbage truck such as household trash (discarded clothing toys papers etc ) and yard trash (grass clippings small shrub and tree trimmings leaves and the like) (f) Building Waste. Rock waste, scrap building materials, refuse resulting from construction, remodeling or from a general cleanup of vacant or improved property just prior to its occupancy. (g) Garbage and refuse containers shall be not easily corrodible, with a tight fitting lid of not less than twenty (20) or more than thirty-two (32) gallons. (h) Utilities. Water, sewer service, electrical service, garbage collection service. As used in this ordinance it shall mean one or more of said services. (i) City of Georgetown. As used in this ordinance this term means not only the area within the corporate limits of the City of Georgetown as it now exists and as may hereafter be changed, but also those areas outside such city limits where a utility or utilities are served by said city, except in those instances �/ where a contrary intent is apparent. SECTION 3. Persons required to keep containers. Every owner, agent, lessee, tenant or occupant of any house, building, flat, apartment, tenement or commercial establishment in the City of Georgetown, where persons reside, occupy, board or lodge or where animal or vegetable food is prepared or served, shall provide such house, building, flat, apartment, tenement, or com- mercial establishment and at all times maintain in good order and repair, a garbage or refuse container or containers for the deposit of garbage and refuse for collection by the City of Georgetown. SECTION 4. Collection of Garbage, Refuse, Brush and Other Waste Material. It shall be the duty of the head of every family occupying or in possession of any house, building, flat, apartment, tenement or dwelling place in the City of Georgetown which is a private residence and for which a garbage container is required under this Ordinance, to place or cause to be placed such container in the alley at the rear of the lot of said premises, not exceeding three feet from the property line of the premises served, for the removal of the contents of the container, at such times and in such manner as the City of Georgetown may direct. In the event it is not practicable to collect and remove the garbage from the alley, the owner, occupant, tenant, or lessee of the premises shall place such garbage container at the street curb line in front of the property. The City Manager shall have the authority to designate the location of such containers, taking into con- sideration, among other things, convenience to collection crews, convenience to the customer, hazardous conditions such as electrical wiring, danger of the collector being bitten by household pets, and other such matters. All brush, trees, and appliances to be collected shall be placed between the curb line and the property line of the premises from which same is to be collected and removed or in alleys as above defined. The City shall be notified of the location of the refuse. Any refuse placed and left on City property for a period exceeding three weeks shall be removed by the City. The owner, agent, lessee, tenant or occupant of the property from which the refuse origionated shall be billed at the prescribed rate -2- L SECTION 5. Waste from building operations. Rock waste, scrap building materials, or other trash resulting from the construction or major remodeling, resulting from a general cleanup of vacant or improved property just prior to its occupancy, or resulting from sizeable abounts of trees, brush and debris cleared from property in preparation for con- struction, will not be removed by the City as regular service, but may be done for the owner on payment of an extra charge determined by the City Council of the City of Georgetown. The owner, at his option, will have such debris removed at his own expense. The aforesaid rates shall be set and may be increased or decreased from time to time by ordinance of the City Council and such rates shall be available upon request at the City offices during business hours. SECTION 6. Industrial Waste. All industrial wastes resulting from manufacturing operations must be disposed of by the owner or occupant of the building or premises where such indus- trial wastes originate. SECTION 7. Prohibiting Accumulation of Waste Matter. (a) It shall be unlawful for any person, firm or corporation to place, deposit or throw, or permit or cause to be placed, deposited or thrown any garbage, brush, loose waste or refuse of any kind, on public or private property outside of any house, building, flat or tenement in the City of Georgetown, unless the same has been deposited in accordance with the provisions of this Ordinance. (b) The following acts, among others, are declared to be unlawful and in violation of this section, and subject to the penalties as provided by this ordinance, but such enumeration shall not be deemed to be exclusive. [1] Throwing, placing, dumping or depositing of any lawn trimmings, hedge trimmings, or any other cuttings or trimmings or weeds, flowers or other vegetation on lot, vacant or occupied, driveways, or any other property. [2] Throwing, placing, dumping, or depositing of any lawn trimmings, hedge trimmings, or other cuttings or trimmings of weeds, flowers, or other vegeta- tion in any gutter, street, sidewalk, parkway, driveway, curb., alley or any other public property. [3] Throwing, placing, dumping or depositing of any garbage, refuse, or animal or vegetable waste matter of any kind on or in any lot, vacant or occupied, driveways, or any other private property. [4] Throwing, placing, dumping, or depositing of any garbage, refuse, or animal or vegetable waste matter of any kind on or in any gutter, street, side- walk, parkway, driveway, curb, alley or any other public property. [5] It shall be unlawful for any person to cause of permit to be or remain in or upon any premises, private or public, any animal, vegetable or mineral matters of any composition or residue thereof, which is an unsanitary condition or injurious to public health, and after any of such has remained upon any premises, public or private, for more then seven (7) days it will be presumed that same is an unsanitary condition and injurious to public health. (c) A violation of this sub -section shall constitute a misdemeanor and shall be subject to the penalties herein provided. -3- 3 SECTION 8. Regulation of Sanitary Landfill. All persons engaged in removing, handling or transferring or in any manner dealing with garbage, refuse matter, manure or waste materials of any kind, shall remove the same to the Sanitary Landfill provided by the City of Georgetown. Provided, however, that all such persons engaged in the removal of trash, garbage and other waste matter to the Sanitary Landfill of the City of Georgetown shall be charged a fee for the use of such grounds. The Amount of this fee shall be fixed by Ordinance from time to time by the City Council of the City of Georgetown and shall be collected by the City. The amount of such fees shall be available in writing in the City Offices during business hours. Commercial Garbage Haulers that collect garbage and trash in the City of Georgetown Utility Service Area will be allowed to dump only that garbage and trash collected in the City of Georgetown Utility Service Area. Those persons residing outside of the City of Georgetown Utility Service Area, but inside of the Georgetown Independent School District, and who haul their own garbage and trash, will be allowed to dump garbage and trash in the City Landfill at the prescribed rates. SECTION 9. Rates. The general and reasonable rates for collecting garbage and brush under the provisions of this ordinance shall be determined and fixed by Ordinance from time to time by the City Council of the City of Georgetown. Such collection rates shall at least be in an amount necessary to meet the cost of services contemplated hereby. Such rates shall be available in writing at the City Offices during business hours. SECTION 10. Garbage Collection Mandatory. The charges fixed herein for the removal and disposal of all garbage, brush, trash, refuse or other waste materials shall be levied by the City of Georgetown against all owners, occupants, tenants or lessees using or occupying any building, house or structure receiving such service. Since the proper and prompt removal of all garbage, brush, trash, refuse matter and other waste materials is essential to the preservation of public health and safety, it is deemed necessary that this charge be levied against every person, owner or occupant, tenant or lessee, using or occupying any premises as a residence or commercial establishment and thus provide for more even and equitable distribution of the cost of this service to the citizenship enjoying the benefits thereof. Where an apartment house or other build- ing is served water through one meter, the person in whose name the water accounts stands shall be responsible for the payment of the garbage fees for all persons in such apartment or building who are subject to the provisions of this ordinance. EXCEPTION. An owner, occupant, tenant or iessee using or occupying any building, house, or other structure sub- ject to this ordinance may petition the City of Georgetown, such petition to be delivered to the City Secretary, and request an exemption from the mandatory charge imposed by said Section 10 if such petitioning party is utilizing a garbage disposal service which is complying with the City of Georgetown's Gross Receipts Ordinance as amended. The City Manager shall consider each request on its merits and at his discretion shall either grant such exemption or deny -4- such exemption and give the Petitioner notice of such decision within a reasonable time not to exceed 60 days from the date of filing with the City Secretary. In considering such request for exemption the City Manager shall consider the requisites of this section as well as the purposes of this ordinance. In no event shall any such exemption be granted unless the person or cor- poration engaged in private garbage disposal is in full compliance with the City of Georgetown Gross Receipts Ordinance as amended. Exemptions granted may be revoked by notice given to such Petitioner of not less than 10 days if the person or company engaged in such private gar- bage disposal service fails or refuses to comply with such Gross Receipts Ordinance after the granting of such exemption." SECTION 11. Billing and Collecting. For the purpose of convenience, the billing and collecting of the charges levied for the services mentioned in this ordinance shall be done under the direction of the City Manager. SECTION 12. Failure to pay Charges. Discontinuance of Water Service. All sanitary service charges including but not limited to garbage collection service shall be due monthly and must be paid at City Hall in the City of Georgetown, and if not paid the City shall have the right to shut off the water and other utilities and services from such premises and such services shall not be turned on again until said bill has been paid in full, including additional charges for disconnecting and resumption of services. Such charges shall be fixed and may be increased or decreased by the City Council by Ordinance, from time to time and such charges shall be available in writing at the City Offices. SECTION 13. It Shall be unlawful for any owner, occupant, tenant or lessee, using or occupying a building, house or structure as a separate unit to utilize the garbage containers or receptacles of another owner, occupant, tenant or lessee for the disposal of his own refuse or garbage, and in this manner evade the payment of the fees levied by this ordinance. It shall be a violation of this ordinance for any person to meddle with any garbage container or trash receptacle unless such container or receptacle is owned or controlled by such person, or unless such person is an authorized col- lector of the contents under this ordinance. It shall be a violation of this ordinance for any person to scatter the contents of any garbage container. SECTION 14. Penalties. Any corporation, firm, agent, or person who violates this ordinance and upon conviction hereunder shall be punished by a fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200 00). Each violation shall cons -0 titute a separate offense. The City shall also have the posr to enforce the provi- sions of this ordinance through civil court action. -5- SECTION 16. Partial Invalidity. If any article, subdivision, paragraph, clause, phrase or sentence of this ordinance, or the application of the same to a particular set of persons or circumstances should, for any reason, be held invalid, such invalidity shall in no wise affect the remaining portions of this ordinance and to such end the various provisions of this ordinance are declared to be severable. SECTION 17. This ordinance shall be held and construed to be cumulative of all other ordinances affecting the collection and disposal of garbage, brush and other waste materials in the City of Georgetown except in those instances where the provisions of this ordinance are in conflict with the provisions of ord- inances heretofore passed, and all ordinances or parts of ordinances in conflict with the provisions of the ordinance are expressly repealed. This ordinance shall take effect from and after five days after publication and in this connection, the City Secretary is hereby directed to publish the descriptive captton of this ordinance, stating in summary the purpose of the ordinance and the penalty for violation thereof. Read, Passed and Approve on first reading this 10 day of May , 1983. Read, Passed and Approved on second and final reading this the 14 day of June , 1983. ATTEST: Jim Colbert, City Secretary APPROVED AS TO FORM: Joe B. McMaster, City Attorney John C. Doerfler, Mayor -6-