HomeMy WebLinkAboutOrdinance 2715
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ORDINANCE NO. 2715
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AN ORDINANCE AMENDING CHAPTER 11 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES TO CLARIFY REGULATIONS CONCERNING
GARBAGE AND WASTE DISPOSAL; ESTABLISHING OBLIGATIONS,
DUTIES, AND RESPONSIBILITIES FOR RESIDENTIAL AND COMMERCIAL
GARBAGE COLLECTION; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING A CUMULATIVE CLAUSE; A
SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
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14 WHEREAS, the accumulation of garbage and trash on the premises of residences and
businesses, institutions and commercial enterprises, and in the streets ofthe city
16 constitutes a public menace and nuisance, and greatly increases the danger ofthe
spread of disease;
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WHEREAS, the city deems garbage collection to be such an important city service for
20 protecting the public health that residential garbage collection by the city itself or
through its contractor is required of all residences within the city limits;
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WHEREAS, it is necessary to adopt regulations governing the collection of garbage and trash
24 to protect the health and safety of the citizens of North Richland Hills;
26 WHEREAS, the city has the authority, pursuant to its police power, to enforce payments for
garbage and trash collection by imposing a fine. Grothues v. City ofHelotes, 928
28 S.W.2d 725 (Tex. App.-San Antonio 1996, no writ); and
30 WHEREAS, the City Council finds that it is in the best interests of citizens to adopt regulations
for the collection of garbage and trash from premises within the city; NOW,
32 THEREFORE,
34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
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Section 1:
THAT Articles I and II of Chapter 11 of the North Richland Hills Code of
Ordinances is hereby amended to read as follows:
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Ordinance No. 2715
Page 1 of 11
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Sec. 11-1.
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"ARTICLE I. IN GENERAL
Short Title.
This Chapter shall be known as the "garbage disposal ordinance" of the city.
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Sec. 11-2.
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Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Brush means tree and shrub trimmings which are not easily placed in disposable containers.
City Manager shall mean the city manager appointed by the city council of North Richland Hills
16 or the designee of the city manager charged with responsibilities to oversee and
execute this agreement.
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Commercial containers means metal containers supplied by city's contractor affording adequate
20 capacity to serve a customer in a manner so as to prevent spillage, unsightly or
unsanitary conditions.
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Curbside means within six (6) feet of the curb street bearing the customer's address.
Customer class means a type of customer with characteristics, service provisions and rates
26 separately identified. The individual customer classes are:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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Residential curbside service;
Residential elective carry-out service
Residential senior citizen curbside service;
Residential senior citizen elective carry-out service;
Special on-call brush collection service;
Commercial curbside service;
Commercial front-end loader service;
Commercial roll-off scheduled service;
Commercial roll-off temporary service; and
Commercial compactor service.
Debris means dirt, concrete, rocks, bricks, lumber, plaster, or other waste building materials.
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Ordinance No. 2715
Page 2 of 11
Disposable container means any plastic bag, cardboard box with a capacity or volume ofthirty
2 three (33) gallons or less and which is capable of containing garbage, waste or trash without
leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds.
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Elective carry-out service means pickup of refuse placed behind the building line, visible from
6 the street on which the primary residence fronts and accessible without entering a gate
8 Garbage means refuse animal or vegetable matter (as from a kitchen or food-processing facility),
ashes or any other household waste which is damp or capable of emitting noxious odors.
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Hazardous wastes means all fecal materials, oil, sludge, any radioactive, pathological, toxic,
12 acidic or volatile materials, or any chemical compound mixture, substance, or article which is
designated by the EP A or appropriate agency of the State of Texas to be "hazardous,"
14 "containment," or "pollutant" as such terms are defined by or pursuant to federal or state laws.
16 Permanent container means any closed waterproof plastic or metal container with a capacity of
thirty three (33) gallons or less and which is capable of containing solid waste or trash without
18 leaking or emitting odors and which weighs, when loaded, less than fifty (50) pounds.
20 Recyclable materials means:
22 (1 ) Newspapers, magazines, catalogs, junk mail, cardboard, paper bags or other paper
not wet or contaminated with food products or other matter;
24 (2) Glass bottles and jars (excluding mirrors, windows, ceramics and other glass
products);
26 (3) Rinsed metal cans composed oftin, steel or aluminum (excluding scrap metal);
and/or
28 (4) Plastic containers such as milk jugs, soft drink bottles, detergent bottles and any
other plastic bottles with recycling symbols 1,2,3,4,5 or 7.
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Recycling container means the eighteen (18) gallon container provided by the city's contractor
32 for the collection of recyclable materials.
34 Residential construction site means single family and duplex residential construction sites.
36 Senior citizen means a resident who is 65 years of age or older.
38 Solid waste means refuse, animal or vegetable matter (as from a kitchen or food processing
facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy
40 accumulations of newspapers and magazines) and any other household waste which is damp or
capable of emitting odors.
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Trash means all household refuse other than solid waste, debris, brush, household furniture and
44 appliances. Trash shall include grass clippings, leaves, weeds, heavy accumulations of
newspapers and magazines, old clothes and other household trash, but shall not include hazardous
Ordinance No. 2715
Page 3 of 11
waste.
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Yard waste means grass or shrubbery cuttings clippings, leaves, tree limbs and other materials
4 accumulated as a result of the care of lawn, shrubbery, vines and trees. Yard waste does not
include food wastes from gardens such as fruit or vegetables.
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Section 11-3. Containers.
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(a) It shall be the duty of every owner, agent, lessee, tenant or occupant of any premises in
10 the city to provide and use containers sufficient in number to hold the solid waste and trash
accumulating on such premises.
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(b) Every customer shall keep all solid waste and trash containers in use securely closed in
14 such a manner as to prevent the scattering of the contents and to make them inaccessible to
insects, rodents and other animals.
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(c) Recycling containers shall be used exclusively for recyclable materials. No other
18 container shall be used for curbside collection of recyclable materials.
20 Section 11-4. Residential collection; conditions and container placement.
22 Solid waste, trash and recyclable materials shall be placed as follows:
24 (1) All solid waste shall be placed in either securely closed disposable or permanent
containers as defined herein.
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(2) Containers shall be placed either at the curbside on the street bearing the
customer's address, or as required for elective carry-out service, if the customer has
agreed to pay for this service.
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(3) Trash, excluding wet materials or material which will cause disagreeable smells,
shall be placed at curbside on the street bearing the customer's address in disposable
containers in such a manner as to prevent such trash from being scattered.
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(4) Solid waste and trash shall not be placed at curbside more than twelve (12) hours
prior to the day of pickup. All containers shall be placed at the foregoing prescribed
locations not later than 7 :00 a.m. on the day of scheduled collection, if they are to be
picked up, or alternate day if the scheduled pickup day falls on a holiday. Containers
shall be removed from the curbside before the day following scheduled collection, or
alternate day ifthe scheduled pickup day falls on a holiday.
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(5) All garbage or trash mixed with water or other liquids shall be drained before
being placed into a garbage or trash container.
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(6) No recycling container should be so loaded as to weigh more than fifty (50)
Ordinance No. 2715
Page 4 of 11
pounds.
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(7) Recyclable materials containing water or other liquids should be drained before
being placed in a recycling container.
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(8) Recycling containers should be placed at curbside before 7:00 a.m. on the day
scheduled for recycling pickup prior to the time therefor.
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(9) Recycling containers shall not be placed at curbside more than twelve (12) hours
before the scheduled recycling collection day or alternate day ifthe scheduled pickup day
falls on a holiday.
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(10) Recycling containers shall be placed and maintained so that their contents are not
14 scattered by wind.
16 Section 11-5. Handling of yard waste.
18 If any yard waste cannot be placed in disposable containers, it shall be cut in lengths not to
exceed four (4) feet and shall be trimmed, tied in bundles and stacked at curbside to a height of
20 not more than three (3) feet with the larger ends placed toward the street. Normal yard waste and
trash pickup will not take brush or trash occupying more than sixty-four (64) cubic feet, whether
22 loose or in bags. All vines and thorny bushes shall be placed in disposable containers, and no
item shall weigh more than fifty (50) pounds. A customer may receive a special pickup upon
24 request for an additional charge, depending on the quantity of material to be removed.
26 Section 11-6. Charges.
28 (a) Each residential water customer shall be billed for curbside recycling collection service
provided every other week and for twice weekly solid waste and trash collection service.
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(b) The charge for residential solid waste, trash and recycling customers shall be as set forth
32 in the contract for the class of service to such customers with the city's contractor, plus all
applicable taxes.
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( c) Charges shall accrue for each and every month or portion thereof during which such
36 service is available and provide to the customer. Such charges shall be billed through the city's
utility billing department and shall be subj ect to the same late payment penalty rate or early
38 payment discount rate as are such water bills.
40 Section 11-7. Wastes from building operations.
42 (a) Debris, as that term is defined in this chapter, or other trash resulting from construction,
major remodeling, general clean-up of property or resulting from a sizable amount of trash and
44 debris being cleared in preparation for construction, will not be removed by the city's contractor
as a regular service. Such construction waste shall not be stored on site except in an approved
Ordinance No. 2715
Page 5 of 11
enclosed covered container. Such container may be metal, plastic, wood or other material as
2 long as it is enclosed on all sides and has a secure cover adequate to prevent loose debris from
blowing or being scattered. No debris shall be allowed to remain on site unless it is within such
4 a container. The owner will have debris and trash removed at his expense, by either his own
crew, the city contractor, or, for residential construction sites, provide the service by a waste
6 removal contractor permitted by the city.
8 (b) Alternatively, if waste is generated from construction, operation, or repair, including re-
roofing, such debris may be loaded directly onto trucks of the company doing the operation or
10 repair and removed as long as the truck does not remain on the premises overnight.
12 Section 11-8. Customer to see that containers are emptied.
14 Every customer is hereby required to maintain supervision and surveillance over solid waste and
trash containers on his premises and to call the city contractor if such customer has been missed.
16 If, after having been timely placed for collection, the containers are not collected or emptied and
the contents removed as may be applicable, and after the city contractor has been contacted
18 within twenty-four (24) hours of scheduled collection, the customer shall notify the city by
calling city hall and reporting the non-collection.
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Section 11-9. Prohibited acts.
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(a) It shall be unlawful for any person to sweep, throw or deposit any solid waste, trash,
24 debris, stagnant water or dead animal into, upon, or along any public property or private property
of another, except as may be specifically provided by this chapter.
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(b) It shall be unlawful for any person owning or otherwise in control of any premises within
28 the city to permit any ofthe conditions described in subsection (a) to exist upon property owned
or controlled by him after having actual or construction notice thereof.
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(c) It shall be unlawful for any person to place in any container any hazardous waste or
32 material other than as specifically provided in this chapter.
34 (d) It shall be unlawful for any person to deposit or maintain solid waste or trash except as
provided for by this chapter.
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( e) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other
38 material in any container used for the disposal of solid waste or trash.
40 (f) It shall be unlawful for any person, firm or corporation to remove any recycling container
or item contained therein after it has been placed at curbside for collection, save and except
42 occupants of the premises, duly authorized agents or employees of the city, and persons acting
pursuant to a contract with the city for residential curbside recycling collection.
44
Section 11-10. Nonresidential customers - duties.
Ordinance No. 2715
Page 6 of 11
It shall be the duty of the owner or person otherwise in charge of commercial, institutional or
2 industrial premises within the city to cause all solid waste and trash accumulated on the premises
to be placed in either a garbage can with a tight-fitting lid or, with the approval of the city
4 manager or his designee, in disposable containers, if in his opinion such disposable containers
will not create a nuisance. Cans and disposable containers shall be placed at a location on the
6 premises which is readily accessible to the collector and approved by the city manager or his
designee. Commercial-type containers may be used and may be placed at a location on the
8 premises as arranged between the customer and the collector, but subject to review by the city
at any time.
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Section 11-11. Collection of waste; charges.
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(a) Frequency of collection. The collection and removal of solid waste and trash from
14 houses, buildings and premises used for commercial, institutional or industrial purposes shall be
made as often as necessary in order to maintain the premises free of such accumulations. Solid
16 waste, except dry trash in contractor-supplied containers, shall be collected not less than one (1)
time each week, except for roll-off containers which shall not be subject to this provision so long
18 as they are used solely for brush and dry trash.
20 (b) Charges. Commercial, institutional and multi - family residential complex customers may
utilize commercial-type containers provided by city's contractor. The type, size and frequency
22 of collection shall be subject to city approval based on need to prevent health hazards and
nuisance to adjacent properties. The charge for the various types of service and containers for
24 residential, multi-family and non-residential customers shall be as set forth in the contract with
city's contractor, plus all applicable taxes.
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Section 11-12. Payment of collection charges.
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The charges fixed in Section 11-16 for the removal and disposal of all solid waste and trash shall
30 be entered by the city against the customer and shall be collected as charges for other city
services. Any person who shall fail or refuse to pay the specified charge within sixteen (16) days
32 from the date of any bill containing an arrears balance shall have his solid waste and trash
service, as well as all other city-billed services suspended, and the city manager shall be notified
34 immediately for appropriate action. The city utility billing department and the city attorney are
hereby authorized to act as agents for the city in the collection of such charges.
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Section 11-13. Manner of collection, transportation.
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(a) The collection, removal and disposal of all solid waste, trash and yard waste shall be
40 carried on in a systematic, efficient manner to keep the city in a clean and sanitary condition.
42 (b) All vehicles used for the collection and transportation of solid waste and trash shall be
equipped with suitable covers which shall be used to prevent blowing or scattering of refuse
44 while solid waste and trash are being transported for disposal.
Ordinance No. 2715
Page 7 of 11
Section 11-14. Permit - required for private collection.
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(a) No person shall collect, remove or dispose of solid waste containers or trash receptacles,
4 or conveyor transport solid waste or trash on the streets, alleys and public thoroughfares ofthe
city except duly authorized agents or employees of the city and persons acting pursuant to a
6 contract with the city for public collection and disposal of solid waste, trash and yard waste;
provided, however, for single family and duplex residential construction sites, waste may be
8 removed as permitted by Sec. 11-7 but if residential construction debris is stored in containers
overnight, the company or individual constructing the building or a company or individual whose
10 primary business is the clearing, cleaning and removal of residential construction debris may,
upon application and compliance with this section, obtain a permit to collect, remove and dispose
12 of residential construction debris from residential construction sites. Provided further, this
section shall not apply to the transportation of solid waste, trash or brush from outside the city
14 to a disposal site outside the city, nor to wastes removed pursuant to Section 11-7(b).
16 (b) Issuance of permit. A permit shall be issued upon application to the building inspection
office for the collection and transportation of solid waste and trash allowed by this Chapter,
18 using the permittee's own vehicles, equipment and personnel. In order to obtain a permit for the
clearing and removal of residential construction debris, the applicant must certify that the
20 applicant: 1) owns the containers used to hold and transport construction debris; 2) will provide
personnel to clear and clean the construction site and place construction debris in approved
22 containers; and 3) does not engage in the business of removing, hauling or transporting solid
waste other than residential construction debris.
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(c) Permit fees. The fee for a permit hereunder for individuals and companies hauling from
26 sites where they are constructing the building and for a permit for hauling by companies or
individuals whose primary business is the clearing, cleaning and removal of residential
28 construction debris shall be $50 per year.
30 Section 11-15. Recycling - multifamily, commercial and industrial users.
32 Multifamily, commercial and industrial establishments generating waste which the city's
contractor recycles must utilize the services and recycling containers provided by the city's
34 contractor. Multifamily, commercial and industrial establishments generating waste which is
not recycled by city's contractor may utilize such recycling haulers as such establishments may
36 choose after providing evidence that such materials are being hauled to a legitimate recycling
facility and that city's contractor will not recycle such material. No such hauler shall be allowed
38 to operate in the city without a permit issued by the building inspection office. A fee of $1 00
shall be collected as a condition of permit issuance. All recyclable materials collected and
40 stored on the site where such materials age generated shall be placed in a metal or plastic
container with a different color than those used for other waste and which has thereon a painted
42 sign or symbol designating such container for recyclables.
Ordinance No. 2715
Page 8 of 11
Section 11-16. Charges for Garbage and Recycling Services.
2
(a) A charge shall be made to each water customer ofthe City for solid waste collection and
4 disposal. For residential customers, such charge shall include an amount for recycling service.
All other businesses requiring solid waste collection shall be charged as well, whether or not they
6 are water customers. All such charges shall be the amount provided in the contract between the
city and its contractor for the class of service plus applicable sales taxes.
8
(b) Garbage and recycling service shall be billed with water and sewer utility bills and
10 customers and shall carry the same delinquent penalties as such utility bills. City will not accept
a payment which does not include all billed amounts unless a payment plan is in effect.
12
ARTICLE II. CONTRACT FOR COLLECTION
14
Sec. 11-51. Contract Required.
16
Except as provided by this Code, no person, firm or corporation shall collect solid waste, refuse,
18 trash, rubbish or debris within the city limits of the city without having first obtained from the
city council, under the provisions of this Article, a contract for such purpose. Unless such
20 contract provides for a specific term, it shall be cancellable by the city without penalty.
22 Sec. 11-52. Application.
24 An application for a contract to collect and dispose of solid waste, trash, refuse, rubbish and
debris and to collect recyclable materials within the city limits shall be made in writing to the
26 city council in response to specifications prepared by the city manager or his designee, and shall
state the terms, rates, conditions of service, and shall address such other matters and provide such
28 documentation of any required permits, insurance and bonds as the city manager or his designee
shall request.
30
Sec. 11-53. Commercial and residential collection required.
32
No contract shall be considered unless the contractor will provide residential collection as well
34 as commercial collection.
36 Sec. 11-54. Choice of contractors.
Selection of a contractor to provide service under this article shall be within the sole discretion
38 ofthe city council and need not be awarded strictly on the basis of price. The city council may
consider any factors it deems appropriate, including, but not limited to, the potential disruption
40 of service from a change of contractor, customer satisfaction, size of vehicles, record of
performance in this or other cities, rate preferences to residential customers, financial
42 responsibility, availability of waste disposal sites, recycling rates, and responsiveness to the
Ordinance No. 2715
Page 9 of 11
2
specifications or request for proposals."
Section 2.
4
Section 5-53.1 of the North Richland Hills Code of Ordinances is hereby
amended to read as follows:
6 "Section 5-53.1 Residential Construction Refuse.
8 Sanitation services shall be provided at all residential construction sites in accordance with city
ordinance requirements. Except as provided by Chapter 11 ofthe North Richland Hills Code of
10 Ordinances, removal of trash and debris from residential construction sites shall be provided by
the City's solid waste contractor. It shall be the responsibility of the developer or builder to
12 arrange and compensate the solid waste contractor for this service. The use of any company or
individual other than the City's solid waste contractor for the purpose of disposing of
14 construction refuse is a violation of this ordinance unless the company or individual used has
a permit under Section 11-14 ofthe City Code and is constructing the building or has a primary
16 business which involves the cleaning, clearing and removal of residential construction debris."
18
Section 3:
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Section 4:
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Section 5:
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Section 6.
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Ordinance No. 2715
Page 10 of 11
Any person, firm or corporation violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed two thousand dollars ($2000.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
All rights and remedies ofthe City of North Richland Hills are expressly saved
as to any and all violations of the provisions of any ordinances affecting health
and safety which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance, but may be prosecuted until final disposition by the
courts.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of North Richland Hills, Texas, as amended,
except when the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event, the conflicting
provisions of such ordinances and such Code are hereby repealed.
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 unconstitutional or otherwise invalid by the final judgment or decree of
any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance,
10
2
since the same would have been enacted by the city council without the
incorporation in this 0 rdinance of any such invalid phrase, clause, sentence,
paragraph or section
4
Section 7:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
6
8
Section 8:
This ordinance shall be in full force and effect immediately upon passage and
publication.
12 AND IT IS SO ORDAINED.
14 Passed and approved this 28th day of July, 2003.
By:
16 TH RlCHLAND HILLS
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Oscar Trevino, Mayor
30
APPROVED AS TO FORM AND LEGALITY:
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APPROVED AS TO CONTENT:
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Department Head
Ordinance No. 2715
Page 11 of 11
INVOICE
Star- Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-776]
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
CIT 13
230575281
8/9/03
Net due in 21 days
8/31/03
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTHRICHLANDHILLS, TX 76182-
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23057528
Sales Rep: 073
Description: Ordinance No. 2715
Publication Dates: 8/8/03 - 8/9/03
Ordinance No. 2715 An ordinanc
,
ORDINANCE NÖ.
2715
Misc Fee An ordinance amend-
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City couqs.J!of for said County and State, this day personally appeared Christy Holland, Bid and Legal Coordinator
dl~¡;;t.~ , the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
."'" 'of,July ,ertlsement was published \ OR ON THE INTERNET In the above named paper on the listed dates: BIDS & LEGAL
ED:
T~evlno -Mayor M
a Hutson - City CA )j J
d~f~D ,AS TO
ORM AND LEGAL- Signed ,[ð) ~?
ITY:
George Staples - At-
SUBSCRIBI tomey JEFORE ME, THIS Tuesday, August 26, 2003. - l.fJ
Notary Public '-1 J~'_ {7'\ ~(~
If /tt~'· VICKI L WASON
¡¡i,~Y MY COMMISSION EXPIRES
, _~~t.!~_____A~GUST 28, 2004 ,
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$0,00
$41.04
Net Amount:
$41.04
Before me, P
for the SUI
that the a
DEPT. 5T
(817) 39
Thank You For Your Payment
Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ill:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT 13
CITY OF N RICHLAND HIL
230575281
$41. 04
$