The URL can be used to link to this page

Home My WebLink About1102 12-08-1992ORDINANCE NO. 1102 AN ORDINANCE AMENDING CHAPTERS 1 1/2, "SCHEDULE OF FEES ", AND 7, 'GARBAGE, TRASH, WEEDS AND ABANDONED PROPERTY ", OF THE EULESS CODE OF ORDINANCES BY ADDING DEFINITIONS AND REQUIREMENTS FOR THE COLLECTION OF RECYCLABLES; PROVIDING FEES FOR COLLECTION OF REGYCLABLES; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a number of Euless' citizens have expressed a desire to participate in a curbside recycling program; and WHEREAS, the city has sought and obtained competitive proposals for the collection of recyclable materials; and WHEREAS, the city has negotiated a contract for such services; and WHEREAS, a recycling program will be established and all Euless residents be required to pay a recycling fee and will have the opportunity to participate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF EULESS, TEXAS: I. That Section 1 1/2 -7.14 of the Euless Code of Ordinances be amended by adding the following fees: Single family recycling fee * ........................ $1.70 Single family senior citizen recycling fee * ......... $0.85 Apartment recycling fee * ............................ $0.90 /unit * These fees shall be charged and paid regardless of whether the residents elect to participate in the city recycling program. II. That Section 7.1 of the Euless Code of Ordinances be amended by adding the following definitions: Recyclable materials: a. newspapers and slicks less than one month old (excluding items such as magazines, mail and other paper) b. clear, green, and brown unbroken glass bottles and jars (excluding mirrors, windows, ceramics and other glass products) C. metal food and drink cans composed of tin, steel or aluminum (excluding scrap metal, aerosol cans, foil and utensils) d. plastic containers to include #1 - PET (polyethylene terephthalate), #2 - HDPE (high density polyethylene), #3 - PVC (vinyl /polyvinyl chloride), #4 - LDPE (low density polyethylene), #5 - PP (polypropylene), and #7 - others varied (excluding #6 styrofoam, plastic wrap, toys, and all lids, caps or rings) Recycling container: Specially designated "blue bags" composed of LLDPE plastic. III. That Section 7 -2 of the Euless Code of Ordinances be amended to to read as follows: Sec. 7 -2. Receptacles -- Specification; placing for collection. It shall be the duty of every person owning, managing, operating, leasing or renting any premises, or any place where kitchen garbage accumulates, to provide a portable garbage can constructed of galvanized iron, tin or other suitable material, with two (2) handles and a tight- fitting cover of a capacity not less than ten (10) gallons, nor more than thirty (30) gallons, and the daily accumulation of kitchen garbage and dry kitchen refuse shall be placed in said garbage can. Containers for recycling materials shall also be provided consisting of specially designated "blue bags" composed of LLDPE plastic. It shall also be the duty of every person owning, managing, operating, leasing or renting any premises to place all trash and rubbish from said premises in boxes, sacks or barrels or other receptacles of reasonable size, provided the gross weight does not exceed one hundred (100) pounds. Garbage cans, boxes, sacks or barrels of trash, rubbish, and recycling containers shall be placed inside the property line at the edge of the alley, where there is no fence; where there is a back fence with an alley gate, garbage cans, boxes, sacks or barrels of trash, rubbish, and recycling containers shall be placed against the inside of the fence at the side of the alley gate; if there is no alley gate, there shall be built a platform against the inside of the fence below the top of the fence so that garbage or recycling collection vehicles can drive close to the fence and lift the garbage, trash, rubbish, and recycling containers over the fence; and where there is no alley, kitchen garbage and refuse, trash, rubbish, and recycling containers shall be placed at a convenient place inside the curbline of the street, to be collected by duly authorized garbage or recycling vehicles. ORDINANCE NO. 1102, PACE 2 OF 5 IV. That Section 7 -3 of the Euless Code of Ordinances be amended to read as follows: Sec. 7 -3. Same - -Time of placement and retrieval condition, cleanliness. It shall be unlawful to place garbage and recycling containers outside of a suitable enclosure where same can be scattered by animals or the elements of weather, except between the hours of 8:00 p.m. of the day prior to scheduled collection and 8:00 p.m. of the day of scheduled collection. By the term "suitable enclosure" as used herein is meant a fully enclosed area such as within a residence, enclosed garage or outbuilding, or a fully contained area wherein access by stray animals to the contents of garbage and recycling containers are prevented and wherein the contents of garbage and recycling containers are protected from the elements of weather so as to avoid the loss, spillage and scattering of such contents upon the streets, alleys and premises of the city and its inhabitants. That Section 7 -4 of the Euless Code of Ordinances be amended to read as follows: Sec. 7 -4. Same -- Meddling with; scattering contents. Meddling with garbage cans, trash, rubbish, and recycling receptacles or in any way pilfering, scattering the contents or junkings in any alley or street within the city is prohibited. VI. That Section 7 -14 of the Euless Code of Ordinances be amended to read as follows: Sec. 7 -14. Collection charges as set. There shall be charged, assessed and collected from each person within the city such service charges as set forth in Chapter 1 1/2 of this Code for garbage, refuse, trash, rubbish, and recycling materials collection and disposal. VII. That Article 1 "In General" of Chapter 7 "Garbage, Trash, Weeds and Abandoned Property" be amended by the addition thereto of a new Section 7 -19, which new section shall hereafter be and read as follows: ORDINANCE NO. 1102, PAGE 3 OF 5 Sec. 7 -19. Contamination of recyclable material containers; reports; disposal; fees The recyclable materials contractor will not be required to collect recyclable materials which are mixed with garbage, trash and rubbish normally collected by garbage collection crews. Any recyclable materials container contaminated in this manner will be tagged by the recyclable materials contractor as being unacceptable for recyclable materials collection. Multiple dwelling unit containers which have been contaminated by inclusion therein of ten percent (108) or more of garbage, trash and rubbish will be subject to the following procedures. On the first instance of improperly prepared materials, the recyclable materials contractor will remove the load and contact the apartment manager, specifying in detail the contamination problem. Upon the second instance of contamination, if within thirty (30) days of the first instance, the contractor will pick up the load, notify the apartment manager as specified above, and forward a written communication to the City outlining the first and second contamination instances. If a third contaminated load is encountered by the recyclable materials contractor within six (6) months of the first instance of recyclable material container contamination, the recyclable materials contractor will not be required to pick up the load, the apartment manager will be contacted, and a garbage collection charge appropriate to the type and size of container involved shall be charged to the apartment complex in like manner as regular garbage collection charges. VIII. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by Sec. 1 -6 of the Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. IX_ - Saving Clause. That Chapters 1 1/2 and 7 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. X. 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. ORDINANCE NO. 1102, PAGE 4 OF 5 XI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED on the first and final reading on the 8th day of December, 1992, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST. Susan Crim, MC, City Secretary APPROVED AS xzc� TO FORM: City Attorney ORDINANCE NO. 1102, PAGE 5 OF 5