HomeMy WebLinkAboutORD 83-13 - Garbage and Trash472 ORDINANCE 83-13
GARBAGE AND TRASH ORDINANCE
AN ORDINANCE REGULATING THE COLLECTION OF GARBAGE
AND TRASH IN THE CITY OF GEORGETOWN, TEXAS, AND
IN OTHER. AREA; SERVED WITH CITY UTILITIES;
LFFINING CERTAIN WORDS; REGULATING THE TYPE OF
CONTAINERS; R.EQt.IRING THE KEEPING OF CONTAINERS;
PROVIDING FOR THE COLTECTION 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 ENFORCEriENT 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 inc'.wluent
upon the governing body of the City of Georgetown, by virtue of the statutes of t;le
Stare of Texas, to provide adequate garbage collection and disposal serv?.ces fir
the citizens of the City of Georgetown and those citizens in the areas eer.-red b
sai6 city, with water, sewer service, or electrical service or all such sevv: ces
or part ef said services.
GEORGETOWN:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C?'::" --.-)F
SECTION 1. Scope of the Ordinance.
The provisions of this ordinance shall apply to all rerciLor<<-±':ni
and without the corporate limits of the City of Georgetown served by sa'A ci'.y with
utilities as l,•�rein 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 foodstisifs
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. o --
industrial operations incident to urban life, except sewage, but includ4.ng garbege,
brush and trash.
(e) Trash. Refus: that can be handled in a standard garbage truck
such as household trash (discar?ed clothing, toys, papers, etc.) and yard trash.
(grass clippings, small shrub and tree trimmings, leaves and the like).
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(f) Building Waste. Rock Waste, scrap budding materials, refuse
resulting from construction, remodeling or from a genera]. 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.
..0 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 cr utilities are served by said city, except in those instances .i
CO wlier.e a contrary intent is apparent.
SECTION 3. Persons required to keep containers.
Q Every owner, agent, lessee, tenant or occupant of my 'juse, building,
Q flat, apartment, tenement or commercial establishment in the City of CeorgeLown, where
persons reside, occupy, board or lodge or where animal or vegetable food is prepared
or served, shall provide such house, building, flat, apartment, teneillunr, 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 ::ity of Cleorgetown.
SEGTION 4. Collection of Garbage, Refuse, Brusrt aad Other Waste
Meterial.
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 conts._.ner
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 ptop-:rty line of the premises served, for theremoval 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 tl.►e 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 bitter, by household. pets, and other such matters.
.All brush, trees, and appliances to be collected shall be placed
i;etween the curb ll.ne and the pr,.perty line of the premises from which same is to
..e colle.ted anl-ewoved or it, alleys as above defined.
Tha City shall be netifi.ed of the location, of the refuse.. Any
placed and left on City property for a period exceeding trree weeks shall be :emuved
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.
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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.
SECr1UN 6. Industrial Waste.
All industrial wastes resulting from manufacturing operations mu%L be
disposed of by the owner or occupant of the building or premises where such indus-
trial wasLes or.iginato.
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 unlawfill
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 ��r`►_.r
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, st.-eet, side-
walk, parkway, driveway, curb, alley or any other public property.
[5] It shall be unlawful for any person to cause or permit to be or
remain in or upon any premises, private cr public, any animal, vegetable or mineral
matters of any composition or residue thereof, which is an unsanitary condition or
iniu-ious to public health, and after any of such has remained upon any premise3,
public or private, for more then seven (7) days it will be presumed that same is
an unsanitary conditio-4 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.
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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
00 Service Area, but inside of the Georgetown Independent School District, and who
Co haul their own garbage and trash, will be allowed to dump garbage and trash in the
City Landfill at the prescribed rates.
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Q SECTION 9. Rates.
The general and reasonable rates for collecting garbage and brush under
:he provisions of t'-�is 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
1ereby. Such rates s>>all be available in writing at the City Offices during
tusiness hours.
SECTION 10. Garbage Collection Mandatory.
The charges fixed herein for the removal and disposal of all
gar) e, brush, tras'a, 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 str.,:.cture receiving such service. Since the proper and
prompt removal of all garbsge, 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 banefits 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 lessee using
or occupying any building, house, or other structure sub-
ject to this ordnance may petition the City df Georgetown,
such petition to be delivered to the City Secretary, and
request an exemption from the mandatory charge imposed by
said Secticn 10 if such petitioning party is utilizing a
garbage disposal service which is complying with LP-- City
of Georgetown's Gross Receipts Ordinance as amended. The
Caty Manager shall consider each request on its merits and
at his discretion s' -all either grant such exemption or deny
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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
lacluding but nut 11111ited to garbage collection service shall be due munthly
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
auch premises and such services shall not be turned on again until said bill hat
been paid in full, including additional charges for disconnecting and resumption.
+' services. Such chargis shall be fixed and may be increased or decreased by the
City Council by Ordinance, from time to time and such charges shall be avai'_aKe
In wri'.ing 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 ordina-ce
and upon conviction hereunder shall be punished by a fine of not less than One Collar
($1.00) nor more than Two Hundred Dollars ($200.00). Each violation shall Cons-
titute a separate offense. The City shall also have the pma r to enforce the provi-
sions of this ordinance through civil court action.
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SECTION 16. Partial Invalidity.
If any article, subdivision, paragraph, clause, phrase or sentences 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 caption of this ordinance,
W stating in summary the purpose of the ordinance and the penalty for violation thereof.
Q Read, Passed and Approve on first reading this 10 _ day of
Q May 1983.
Read, Passed and Approved on second and final reading this the
14 day of June 1983.
-Ul'_ C. Li'L,
Jojn C. Doerfler Mayor
ATTEST:
Jim Colbert, City Secretary
APPROVED AS TO FORM:
Joe B. McMaster, City Attorney
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