HomeMy WebLinkAbout1106 02-23-1993ORDINANCE NO. 1106
AN ORDINANCE REPEALING AND REVISING THE PROVISIONS OF
ARTICLE I, "IN GENERAL ", OF CHAPTER 7, "GARBAGE, TRASH,
WEEDS AND ABANDONED PROPERTY ", OF THE EULESS CODE OF
ORDINANCES; DEFINING TERNS AND CUSTOMER OBLIGATIONS, AND
SETTING FORTH CONTRACTOR'S SCOPE OF WORK; PROVIDING A
PENALTY FOR VIOLATION; PROVIDING A SAVING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas, finds that the
regulations governing storage, handling, disposal and collection of garbage
within the City should be revised as set forth hereinbelow.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS:
I.
That Article I, "IN GENERAL ", of Chapter 7, "GARBAGE, TRASH, WEEDS AND
ABANDONED PROPERTY" of the Code of Ordinances, City of Euless, Texas, as
amended, be repealed and replaced by the following provisions:
Sec. 7 -1. DEFINITIONS
Wherever used herein, the hereinafter listed terms shall have the following
meanings:
a.) Brush. Tree and shrub trimmings and limbs, etc., in bulk which
exceed four (4) feet in length and cannot be loaded readily into
regular refuse compaction equipment.
b.) Bulky Waste. Stoves, refrigerators, water tanks, washing machines,
furniture and other waste materials other than construction debris,
hazardous waste or stable matter.
c.) Bundle or Boxed Bundle. Tree, shrub and brush trimmings, or
newspapers and magazines securely tied together forming an easily
handled package not exceeding four (4) feet in length or fifty (50)
lbs. in weight.
d.) City. City of Euless.
e.) Commercial Unit. Any commercial or industrial enterprises operating
within the corporate limits of the City, including any residential
dwellings occupied by persons or group of persons comprising more
than four families.
f.) Contractor. The person, or partnership performing refuse collection
under this contract.
g.) Construction Debris. Waste building materials resulting from
construction, remodeling, repair or deralition operations.
h.) Disposal Site. A refuse depository, physically located in the City
or in close proximity thereto, including but not limited to the
Landfill and other sanitary landfills, transfer stations,
incinerators, and waste processing /separation centers licensed,
permitted or approved to receive for processing or final disposal of
refuse by all governmental bodies and agencies having jurisdiction
and requiring such licenses, permits or approvals.
i.) Garbage. Trash, refuse, rubbish and any other item or substance,
other than hazardous waste, construction debris, brush or bulky
waste.
j.) Garbage Containers. Portable cans or similar containers constructed
of galvanized iron, tin or other substantial material, or plastic
bags or cardboard boxes, designed to store refuse with sufficient
wall strength to maintain physical integrity when lifted by the top.
The maximum capacity of a garbage container shall not exceed
thirty -five (35) gallons and the total weight of a garbage container
and its contents shall not exceed fifty (50) pounds.
k.) Hazardous Waste. Any chemical, compound, mixture, substance or
article which is designated by the United states Errvirormiental
Protection Agency or appropriate agency of the State of Texas to be
"hazardous" as that term is defined by or pursuant to Federal or
State Law.
1.) Landfill. The real property site for disposal as described in
paragraph k.) above.
m.) Producer. An occupant of a residential or commercial unit who
generates refuse.
n.) Refuse. Every ac wmrlation of waste (vegetable and/or other matter)
that results from the preparation, processing, consumption, dealing
in, handling, packing, canning, storage, transportation, decay or
decomposition of meats, fish, fowl, binds, fruits, grains, or other
animal or vegetable matter including, but not by way of limitation,
decomposable animal waste or vegetable matter which is likely to
attract flies or rodents; and all rubbish and waste material
generated at a residential, commercial, industrial, institutional
location, or construction site which must be disposed of to prevent
the attraction of flies, rodents, scavengers, unnecessary odor or to
prohibit unsightly accumulation of refuse or fire hazards. Refuse
shall not include any waste materials included in the definition of
hazardous waste.
o.) Residential Unit. A dwelling within the corporate limits of the City
occupied by a person or group of persons comprising not more than
four (4) families. A residential unit shall be defined when either
water or domestic light and power services are being supplied
thereto. Each single - family dwelling within any condominium building
or group shall be counted separately as a residential unit.
p.) Rubbish. All residentially generated waste wood, wood products,
grass cuttings, dead plants, weeds, leaves, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded
mattresses, white goods, pulp and other products such as are used for
packaging or wrapping, crockery, glass, ashes, cinders, floor
sweepings, mineral or metallic substances and any and all other waste
materials not included in the definition of Bulky Waste, Construction
Debris, Refuse, or Hazardous Waste.
q.) Trees. Trees and tree trimmings larger than may be accamnodated
under paragraph a.) may be picked up as a special haul.
a.) Frequency of Residential Collection. The Contractor shall collect
all residential refuse in bundles, boxed bundles or garbage
containers not less than two (2) times per week, with collections at
least three (3) days apart. No collections shall be made on Sunday.
Any missed pick -ups will be picked up by the Contractor on the same
day if they are called in before 2:00 p.m. All refuse shall be
placed at curbside for collection by 7:00 a.m. on the designated
collection day. Curbside refers to that portion of right -of -way
adjacent to paved or traveled City roadways. Containers shall be
placed as close to the roadway as practicable without interfering
with or endangering the movement of vehicles or pedestrians. When
construction work is being performed in the right -of -way, containers
shall be placed as close as practicable to an access point for the
collection vehicle. Contractor may decline to collect any container
not so placed.
b.) Time of Placement and Retrieval Condition, Cleanliness. It shall be
unlawful to place garbage 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 6:00 p.m. of the day of scheduled collection.
ORDINANCE NO. 1106, PAGE 3 OF 9
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 containers is prevented and
wherein the contents of garbage 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.
c.) Meddling with; scattering Contents. Meddling with garbage cans,
trash and rubbish receptacles or in any way pilfering, scattering the
contents or junkings in any alley or street within the city is
prohibited.
d.) Ouantitv. The Contractor shall be required to pick up all rubbish,
refuse and bulky wastes generated from a residential unit, provided
that same is properly prepared, bagged, and stored for collection.
Rubbish or bulky wastes not containerized (which can be lifted and
loaded by two (2) employees in no more than five minutes), and large
items such as furniture, hot water heaters, refrigerators and other
appliances, shall be collected by the Contractor within forty -eight
(48) hours of receipt of a call from a residence.
e.) Residential Refuse - Where. Collections of refuse shall be made from
the curb provided the containers are freely accessible, with the
bottom at ground level or on a platform not more than three (3) feet
above ground. Containers stored below ground surface will not be
picked up.
f.) Commercial Refuse. Every owner, agent, employee or person otherwise
in charge of any commercial, institutional, or industrial premises
within the City (commercial customer) shall have a commercial
container or containers of a size sufficient to contain all the
rubbish, refuse and other waste generated upon the premises and to
avoid congregation of flies, rodents, scavengers, unnecessary odor
and to prohibit unsightly accumulation of refuse or fire hazards.
Contractor agrees to make commercial containers of adequate size
available upon request to any commercial premises within the
corporate limits of City. The commercial containers provided by the
Contractor shall be equipped with suitable operable covers to prevent
blowing or scattering of refuse; shall be maintained in good order,
appearance, and in a sanitary condition; shall be of uniform color or
color scheme; and shall be clearly marked with the Contractor's name
and telephone number. Any damages to screening structures caused by
the Contractor will be repaired in a timely manner. The City will
resolve any disputes between the Contractor and a commercial account.
The decision by the City will be final and binding.
ORDnWCE NO. 1106, PAGE 4 OF 9
g.) Special Brush Collection. The Contractor shall provide a site
(convenience center) at 3355 Raider Drive in Hurst, Texas, which will
be open from Monday through Friday from 1:00 p.m. to 6:00 p.m. and
Saturday from 8:00 a.m. to 12:00 noon for the deposit of brush by
residential customers. A reasonable cost may be charged to customers
for this service. The Contractor shall be responsible for the
transportation to and disposal of these materials in a proper
landfill.
h.) Tires, Batteries, Etc. The Contractor shall provide a site
(convenience center) at 3355 Raider Drive in Hurst, Texas, Which will
be open Monday through Friday from 1:00 p.m. to 6:00 p.m. and
Saturday from 8:00 a.m. to 12:00 noon for the deposit of oil, tires,
batteries, and similar refuse customarily generated by residential
customers. The Contractor shall be responsible for complying with
all federal, state and local laws and regulations for the proper
collection, transportation and disposal of these materials. A
reasonable cost may be charged to customers for this service.
i.) Christmas Trees. During the Christmas season each year, the City
shall provide a specific site within the City for deposit of
Christmas trees by residential customers. The Contractor shall
provide a chipper at such location at no cost for the purpose of
chipping the Christmas trees. The Contractor shall be allowed one
week, weather permitting, to chip the trees. The chips shall be left
on the site if so desired by the City.
j.) Wholesale Accumulations. Places of wholesale accumulations, such as
killing and dressing plants for fowl, wholesale fruit and vegetable
houses, retail stores, filling stations and garages, restaurants and
cafes, tourist and trailer camps, and all other places where the
daily accumulation of kitchen garbage and trash and rubbish is more
than ordinary quantities incident to single - family dwelling houses,
are not to be included in the residential service as herein provided
for and such places are required to remove same from the city at
their own expense, in the manner and by the method directed by the
official designated by the city in charge of garbage disposal.
k.) Heaw dead animals. Heavy dead animals, such as cows, horses and
mules shall be removed from the city at the expense of the owner or
person having same in charge in the manner, time and by the method
directed by the official designated by the city in change of garbage
disposal.
1.) Building Materials, Other Heavy Objects. Heavy accumulations such as
brick, broken concrete, lumber, ashes, clinkers, dirt and plaster,
sand or gravel, automobile frames, dead trees and other bulky, heavy
material shall be disposed of at the expense of the owner or person
controlling same under the direction of the official designated by
the city in charge of garbage disposal.
CRDDMKE NO. 1106, PAGE 5 OF 9
M.) Manure. Manure from cow lots, horse stables, poultry yards, pigeon
lofts and waste oils from garages or filling stations shall be
disposed of at the expense of the party responsible for same under
the direction of the official designated by the city in charge of
garbage disposal.
n.) Disposal Within Jurisdiction of City Prohibited. The disposal of
kitchen garbage and refuse, trash or rubbish and that designated
under paragraphs k.), 1.) or m.) hereof or any kind of rubbish in any
place within the city or within five thousand (5,000) feet outside of
the city is prohibited.
o.) Preparation for Collection. No collection of kitchen garbage and
refuse, trash, rubbish or tree limbs will be made, where same is not
prepared for collection and placed as designated by the terms of this
article and failure to comply with this provision will be a violation
hereof, and subject the violator to the penalty herein provided.
p.) Placing in Streets Prohibited. It shall be unlawful to place any
kitchen garbage and refuse, trash or rubbish or any article, thing or
material, in any street or alley within the limits of the city.
q.) Burning Prohibited. It shall be unlawful for any person to burn any
garbage, trash or rubbish within the city.
a.) Vicious Animals. Employees of the Contractor shall not be required
to expose themselves to the dangers of vicious animals in order to
accomplish refuse collection in any case where the owner or tenants
have animals at large, but the Contractor shall immediately notify
the City, in writing, of such condition and of his inability to make
collection.
b.) Hazardous Waste. It is specifically understood and agreed that the
collection and disposal of hazardous waste by the Contractor is not
authorized or governed by this Article and that the disposal of
hazardous waste by the Contractor shall be in compliance with all
federal, state and local laws and regulations.
c.) Permit to Collect Refuse - Required. No person shall collect kitchen
garbage and refuse, trash, rubbish or any kind of junk within the
city without first having obtained from the city council, under the
provisions of this chapter a written permit for such purpose.
d.) Permit to Collect Refuse - Application. Application for a permit to
collect garbage, refuse, trash or rubbish, or any kind of junk within
the city, shall be made in writing to the city council and shall set
forth the name and address of the applicant, the trade name under
which he does or proposes to do business, the number, kind and size
of vehicles the applicant proposes to operate, the nature and
character of service that the applicant purposes to render, rates to
ORDINANCE NO. 1106, PAGE 6 OF 9
be charged for such service, facts showing the demand for such
service, location of dumping grounds, and applicant's financial
ability to respond in damages in the event of injury to persons or
damage to property, by reason of negligence of employees, or
negligent operation of motor vehicles.
e.) Permit to Collect Refuse - Bond. Insurance. All applicants receiving
a permit or contract to collect garbage, trash, rubbish or any kind
of junk within the city shall be required to furnish a good and
sufficient contract bond in such amount as may be required by the
city council to indemnify the city for all damages sustained by the
city, growing out of, or by reason of a breach of any agreement or
the provisions of any contract or permit issued and shall further
furnish such city certificates of insurance in such amount as may be
required by the city council designating therein the city as
co- insured, indemnifying the city for all damages that may be
sustained by reason of injury to persons or damage to property due to
negligence of contractor or permittee or his employees or negligent
operation of motor vehicles operated by said contractor or pexmittee
and his employees.
a.) Hours of Operation. Collection of residential refuse materials shall
not start before 7:00 a.m. or continue after 6:00 p.m. on the same
day. Exceptions to collection hours shall be effected only with the
approval, in writing, of the City Manager.
b.) Holidays. The following shall be holidays for purposes of this
contract:
Thanksgiving Day
Christmas Day
New Years Day
Independence Day
Contractor may decide to observe any or all of the above- mentioned
holidays by suspension of collection services for the holiday, but
such decision in no manner relieves the Contractor of its obligation
to provide refuse collection service at residential units at least
once a week.
c.) Complaints and Non - Performance. Service complaints shall be handled
in the following order:
ORDDMNCE NO. 1106, PAGE 7 OF 9
1.) Service Complaints - Contractor. All service complaints shall
initially be directed to the Contractor and shall be resolved by
the end of the next business day. The Contractor shall supply
all copies of all complaints on a form approved by the City
indicating the disposition of each complaint. The form shall
indicate the day and hour on which the conT)laint was received and
resolved.
2.) Service Complaints - City. The City shall notify the Contractor
of each complaint reported to the City. It shall be the duty of
the Contractor to take whatever steps necessary to remedy the
cause of the complaint and notify the City of its disposition by
the end of the next business day.
3.) Damaae - Private Propert . The Contractor shall provide the City
with a full explanation of the disposition of any complaint
involving a customer's claim of damage to private property
resulting from actions of Contractor's employees, agents, or
subcontractors.
4.) Complaint Procedures. The Contractor shall provide the City with
information regarding complaint procedures, rules and
regulations, and day(s) of collection, etc. Information is to be
in the form of printed material distributed by the Contractor.
d.) Office. Contractor shall, at its own expense, to keep an office open
in the Mid - Cities area and provide a telephone answered (mechanical
answering machine is not acceptable) from 8:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding legal holidays, for the purpose of
handling complaints and other calls regarding refuse collection
service. The Contractor shall keep competent personnel in the office
during the time the office is required to be open to the public, and
the office personnel shall have authority to represent the Contractor
in its relations with the City and the public. The Contractor shall
also provide the City a telephone number by which the Contractor can
be contacted for after hours emergencies.
e.) Hazardous Weather. The City may cancel a portion or all of a
scheduled service day due to hazardous weather conditions, to be
determined in the sole discretion of the City.
Sec. 7 -5. PENALTY FOR VIOIATION
a.) Any person violating any of the provisions of this Chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished as provided in section 1 -12, and each day that such
violation continues shall constitute a separate and distinct offense.
b.) In case
of any willful violation
of any of the terms and
provisions
of this
Chapter, the City, in
addition to imposing the
penalties
provided
in this section, may institute
any appropriate
action or
proceedings in any court having proper jurisdiction, to restrain,
correct or abate such violation; and the definition of any violation
of the terms of this Chapter as a misdemeanor shall not preclude the
City from invoking the civil remedies given it by the laws of the
state, but shall be cumulative and subject to prosecution as
prescribed in this section for such violation.
II.
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.
■■
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.
IV.
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.
PIUMTi'ED AMID PASSED on the first and final reading on the 23rd day of
February , 1993, at a regular meeting of the City Council of the City of
Uless, Texas, by a vote of 7 ayes, o nays and o abstentions.
RITE T: APPROVED:
°u. -an Q:im, CMC, City Secretary Harold D. Samuels, lWyor
AS TO El7fdyl:
ORDINANCE NO. 1106, PAGE 9 OF 9