04-16-1973-Ordinance-Adopting Solid Waste Regulation-04/16/1973City of Sanger Solid Waste Ordinance
WHEREAS, it is the desire op, 'the City Council of the City
of Sanger to revise and update tYi. City's Ordinances with re-
spect to the collection, removal and disposal of municipal solid
wastes within the City of Sanger; and to provide for the collec®
tion and removal of illegally dumped solid wastes on properties
where such wastes constitute a nuisance detrimental to the pub®
lic health and welfare; and
WHEREAS, it is the desire of the City Council of the City
of Sanger to offer municipal solid waste disposal service to
ithin its bounda"lest to require the use of
certain parties w
such service, to charge fees therefor, to establish said ser®
vice as a utility separate from other utilities within its
boundaries, to provide a means for enforcing collection of fees
for such municipal solid waste disposal service, including but
not restricted to the suspension of the water and/or sanitary
sewer service supplied to such parties by the City of Sanger
to those parties who become delinquent in payment for the solid
waste disposal service, all as set forth herein, the authority
for which is set forth in Sectior!:13 of. the County Solid Waste
Control Act, Chapter 516, House B11 No. 727, 62nd Legislature®
Regular Session, 1971; and
WHEREAS, the collection and disposal of garbage are matters
so intimately connected with the preservation of public health
and the suppression of disease that the regulation thereof is
an essential, necessary and proper exercise of police and other
powers by the City;
CI7° CARP
ORIGINAL COPY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SANGER, TEXASs
SECTION 1. DEFINITIONS. The following words and phrases shall
have the meanings herein ascribed to them.
Premises shall be taken to mean business house, board®
ing house, office, theater, hotel, motel, restaurant, cafe,
eating house, tourist court, trailer court, apartment, san®
itarium, rest home, rooming house, school, private residence
including mobil homes, vacant lot, and other places or pro-
perty within the city limits of the City of Sanger, Texas,
where refuse, either gargabe, trash, or rubbish accumulates.
, Refuse shall mean all solid wastes, including garbage, trash
and rubbish.
Garbage shall mean all putrescible wastes, except sewage and
body wastes, including all meat, vegetable, and fruit refuse,
and carcasses of small dead animals and dead fowls from any
premises within the City limits.
Trash or rubbish shall be held to mean any matter such as
paper, cardboard, rags, wooden boxes, leaves, flowers, trim-
mings, lawn cuttings free from dirt and debris, tree limbs
(cut into 3-foot lengths), bottles, broken glass and ceramics,
tin cans, and other similar matter not tending to rapid decay
or putrefacation.
Debris shall mean matter such as rocks, stones, dirt and other
similar noncombustible matter
Cit means the City of Sanger
Persons means an individual, persan, firm, corporation or
association and political subdivision of the State of Texas
Vehicle means every device in or by which any person or pro-
perty is or may be transported or drawn upon a public high-
way.
City Secretar r shall mean the City Secretary of the City of
Sanger, Texas, or his authorized agent.
SECTION 2. CONTAINERS REQUIRED. It shall be the duty of every
person, firm or corporation owning, managing, operating, leas-
ing or renting any premises or any place where garbage or trash
accumulates, to provide, and at all times to maintain in good
order and repair on any said premises, a portable container
or containers for refuse, which shall be made of galvanized
metal or quality plastic, watertight, rodent and fly -proof
with a tightfitting lid which shall remain on except when
depositing or removing the contents of the receptacle, and
with handles on the sides, and of sufficient capacity and
in sufficient numbers to accomodate and securely keep all the
garbage and/or trash that may accumulate between collections;
provided, thateach such container for residential use shall
have a capacity of not more than twenty (2.0) gallons,, All
containers shall be kept clean and free from accumulation of
any substance remaining attached to inside of container which
would attract or breed flies, mosquitoes or any other insects.
SECTION 3. ....,,PLACING GARBAGE AND RUBBISH IN RECEPTA�:LES. It
shall be the duty of every person, firm or corporation owning,
managing, operating, leasing or renting any premises to place
the daily accumulations of garbage and rubbish in the container
or containers required herein, and it shall be the duty of every
person placing garbage in any such containers to eliminate as
far as possible all water or other liquids from such garbage by
securely wrapping garbage in paper before placing same in such
container if necessary.
SECTION �. MATERIALS NOT SUITED TO PLACEMEN'i IN CONTAINERS.
All ordinary accumulations of rubbish such as tree limbs and
scrap lumber which cannot be conveniently placed in the con®
tainers required under this ordinance shall be cut into lengths
not to exceed three (3) feet, baled, tied or sacked in compact
bundles and placed in�a location easily accessible to the
collector. A reasonable amount of material such as scrap lumber
and fire wood may be stored on the premises but it shall be
racked and stacked eighteen (18) inches above the ground.
ECTIOII •I-CLAUJAIG UITIVDIIIIEN6j •
1 •
(a). Pick -up -time and Placement of Containers- Any
person in possession or control of premises, desiring
to place garbage or trash for collection by the City
shall place container containing same adjacent to or near
the curb in the front of or on the side of his property,
along designated garbage routes as fixed by the City, not
later than seven o'clock a.m.
(b). Removal of Containers after Pick-u After the
containers have been emptied by the garbage collectors,
the owner of the container shall remove same from the
street not later than eight o'clock p.m. of the same day
and store such container on his property, but not in a
front yard or a side yard adjacent to a public street.
.- . .-
ontainers within a public streeton
designated collection day.
SECTION 6. COLLECTION OF GARBAGE AND TRASH.
(a). Collection Frequency. The City of Sanger, Texas,
shall collect refuse from the residential areas of the
City not less than twice weekly and from the business
areas of the City up to five .(5� days per week; provided,
any person in possession or control of any premises shall
place the containers required in a location easily acces-
sible for the collector, as directed by the City Secretary.
b). Proper Containers Reters to be
(c). ContainContents
-.. - u _• -
••.
-ITINIUMMALUMMIR
wired. All trash except tree
be placed in appropriate wea-
eligible for collection.
mited. Containers having
s, will not be eligible for
)f garbage, trash and/or • • < .e excluded from
• • •.• • ,r_ •ram" Department •• notice •
w • disposed of by person • . firm having - current
issued by the City, at the total expense of the person in
possession or control of such premises; howeverg such ex-
elusion from City collection shall not waive the minimum
_._..,
charge for each premises,{which shall be considered as eon®
tributing to the maintenance and operation of the dumping
grounds.
SECTION 8. DSSPOSAL OF HEAVY DEAD ANSMALS. Heavy dead ar��.m;�:1.�>,
such as cows, horses and mules, shall be removed and disposed
of at the total expense of the owner or person having same in
charge by burying on premises with four (4) foot cover, remo-
val by a commercial rendering plant, or by a method directed
by the City Secretary.
�" SECTION 9. HEAVY ACCUMULATION OF DEBRIS. Heavy accumulations
such as brush, broken concrete, ashes, sand or gravel, auto-
mobile frames, dead trees, and other bulky, heavy materials
shall be disposed of at the total expense of the owner or -
person in possession or control of the premises, by a method
directed by the City Secretary.
SECTION 10. WASTES FROM ANIMAL PENS AND SERVICE STATIONS.
Manure from cowlots, horse stables, poultry yards, pigeon lofts,
and other animal or fowl pens, and waste oils from garages or
fI lling stations shall be removed and disposed of at the total
expense of the person in possession or control of the premises,
by a method directed by the City Secretary.
(a). Placement in Streets or A11e�rs Prohibited - The
placing of garbage or rubbish or any refuse material in
any street or alley within the city limits or the disposal
of such refuse at any place within the city limits is pro-
hibited, except at the city dumping grounds or at such
other place as may be directed by the City Secretary.
SECTION 12, ILLEGAL TO MEDDLE OR TAMPER WITH CONTAINERS. The
meddling or tampering with refuse'containers or in any way
pilfering, scattering contents or junking in any alley or
street within the City limits is prohibited.
SECTION 13. INSPECTION OE PREMISES, It shall be the duty of the
City Secretary or his authorized agent, and he is hereby directed,
to make all necessary inspections and investigations of any and
all premises to see that the terms of this ordinance are complied
with.
SECTION 11�. RATES.,... Each premises within the corporate limits of
the City of Sanger served from the public water supply shall be
charged for garbage and trash collection and removal; except,
commercial establishments may contract with a commercial hauler,
duly licensed by the City of Sanger, to remove any garbage, trash
and/or rubbish, and pay to the City the minimum charge to defray
the expense of operating and maintaining the dumping grounds.
Residential Rates.
1. Residential Premises. The charge for collecting refuse from
residential premises shall be $3.00 a month.
2. Mobile Homes. A mobile home shall be considered as a resi�
dential premises, when occupied as such, for the purpose
herein of fixing the rate for collecting refuse from such
premises and the charge therefore shall be $3.00 for each
month.
Mobile -,Home Park Operator to Collect® Remit Fees. Each
mobile home park operator shall collect by the fifth
day of each calendar month the above prescribed charge
from the owner or occupany of each mobile home located
within the mobile home park on the first day of the said
month and the mobile home park operator shall remit the
total amount collected to the City Clerk of the City of
Sanger by the 10th day of said month.
When a trailer is in storage and no garbage or refuse
is being collected therefrom, no garbage fee shall be
charged or collected for any such mobile home in
storage status, nor for any camping or travel trailer
stored in the mobile home park.
Violations= Mobile Home Owner or Operator. It shall be a
violation of this Ordinance for the owner or occupant of
any such mobile home to fail to pay the charge for collect-
ing refuse prescribed hereby or for the mobile home park
operator to willfully refuse to collect such fees and remit
same as prescri°bed hereinabdve, provided, however, the
mobile home park operator shall not be in violation of
this Ordinance for refusal to collect such fees if the
owner or occupant of a mobile home fails or refuses to
pay such charges to the said mobile home park operator and
the City is notified by such operator of the failure or
refusal to pay such charge,
Commercial Rates -.Table of monthly charges
Quantity of Solid Waste
Number of 20 gallon containers
Containers Gallons Cubic Yards
1�5, 100 2
6-10
200
300
�00
500
600
1
SECTION 15, ZICENSIIVG OF PRIVATE HAULERS®
!Number of
per week
Collections
. QV $6.�000� $100a]...fa
8, 12 *46 20, 0,&
00 11.
1 .00
17,00
20,00
16.50
21,00
25.50
30,00
27.50
35.00
42,50
00
50.
a, License Application and Fee, Any person or firm desiring
a license to contract for collection, removal and disposal of
garbage, trash, or industrial waste shall make an appropriate
application to the City Secretary, who shall make such investi-
gation as may be necessary to determine whether or not the public
convenience and necessity requires the granting of such license,
the charge for which shall be $25.00 for each calendar year of
operation or fractional part thereof, payable with the application,
Renewal for such permit shall be made on or before the second
(2nd) day of January each year following, accompanied by the
25-00 annual fee.
b, License Non -Transferrable. Revocable Without Refund. All
license so granted shall
by the City at any time
in its judgment such action is deemed to
City Secretary shall determine if the applicant is fit and
proper to conduct such business, and the application shall
set forth the name and address of the applicant; the business
name under which the applicant does or proposes to do business;
the number of vehicles the applicant desires to operate; the
class, size and design of each vehicle; whether or not the appli-
cant has been convicted of the violation of any national, state,
or municipal law, and whether or not the applicant, or any per-
sons with whom he has been associated or employed, has a claim
or judgment against him for damages resulting from the negligent
operation of a vehicle; the financial ability and responsibility
of the applicant; his ability to respond in damages in the event
of damages to persons or damage to property by reason of the
negligent operation of a, vehicle on the streets or thoroughfares
of the City; such applicant shall produce public liability in-
surance policy for the full term of the license period in the
amount of not less than Ten Thousand Dollars ($10,000.00) each
person and Twenty Thousand Dollars (209000.00) each accident,
and Ten Thousand Dollars ($10,000.00) property damage, the nature
and character of the service the applicant proposes to render;
the experience he has had in rendering such service; the patrons
for whom he proposes to render this service; a schedule of such
service, and such other information as the City Secretary may
deem relevant, Any vehicle to be used for hauling garbage, trash
and/or rubbish as provided for in this section shall be water-
tight and totally contain and enclose all materials being hauled,
appropriately marked with an identifying sign, and shall be made
available for inspection by and receive written approval from
the City Secretary prior to its use,
SECTION 16, HAULING SCRAP LUMBER, BUILDING 1VIATERIALS, Any
vehicle utilized by a person or firm, whether owned or hired, to
transport scrap lumber and/or building materials along or across
any public street or alley within the City limits shall have side
boards and a tail gate equal to or greater than the height of the
Load being transported and adequate to contain the materials
being hauled, and the tail gate shall be closed and securely fas-
tened,
SECTION 17, DESIGNATED TRASH COLLECTI��7N DAYS. One day each week
shall be designated by the City Secretary as trash pick-up day,
Any person having trash accumulation greater than can reasonably
be handled by normal collection of garbage and trash as herein -
above provided shall notify the City, and the City shall collect
.....:.....
such trash on such day so designated.
SECTION 18. SPECIAL TRASH COLLECTION REQUEST. In the event that
a special request is made for removal of trash on any day other
than the designated trash pick-up day there shall be made a
special removal charge of $10.00 for each such collection whe-
ther the same be a partial or a full truck load.
ORICORPORATIONS License and Fees Required. No person except
July authorized agents, and employees of the City, shall empty
,arbage cans or trash receptacles • or conveyor transport
,arbage or trash to any dump or dumps owned or maintained by
'he City without a written license for each vehicle used for
uch purpose granted and issued by the City of Sanger and wlth�
ut having paid the required fee as herein prescribeds
Fee Schedule
1: Earth, rocks and inert material suitable for cover of refuse,
nog charge.
2. Passenger cars, station wagons, and pickups used by Sanger
residents to haul owner's waste. - no charge
3: Passenger cars, station wagons, and pickups used by non.
Sanger resident owners to haul owner's waste $50.00 per year
or $2.00 per load to be paid at the City Office.
4 Commercial pick-ups, panel trucks, and single -axle trailers
$2.00 per load.
5. Trucks, two axle- with cargo bed less than 15 feet or trailer
two axle $5.00
6. Trucks, three axle or truck, two axle with cargo bed length
15 ft. or greater $7.00 per load.
7. Trucks, semi -trailers or roll -off containers $10.00 per load.
8. Truck, Compactor, 30 C.X. or less $15.00 per load.
9. Truck, compactor, greater than 30 C. Y. - $20.00 per load.
10. Trucks, liquid wastes - $10.00 per load.
11. Any load including tires or waste rubber - $3.00 additional
charge per load.
12. Disposal service charges shall be payable at the City Office.
No cash will be exchanged at the municipal waste disposal site.
Residents of the City of Sanger may dump their own wastes
at no charge by presenting their utility bill to the atten-
dant. Non-residents must present coupon purchased at the City
Office. Commercial haulers must have a licensed haulers permit
as well as coupons purchased at the
to use the City Solid Waste Disposal
SECTION 20. REGULATING THE COLI,ECTI
City Office in order
Site.
Notice to Remove® It shall be the duty of the Public Health
Officer of the City of Sanger to notify the owner or agent for
management purposes of any private premises within the City upon
which any solid waste material has been illegally placed or dis-
posed to remove such solid waste materials within ten (10) days.
This notice shall be in writing and may be served on the Owner
or such agent by handing it to him in person or by Registered
Mail addressed to such owner or agent at his Post Office address
as shown on the Tax rolls of the City of Sanger, or where such
address is not shown, then by notice by publication in a paper
of general circulation in the City of Sanger as many as two (2)
times within ten (10) consecutive days, provided that such notice
is not necessary when such waste material is determined by the
Public health Officer to be an immediate health hazard.
_ Failure to Comply With Removal Notice. The failure by either
the Owner or such agent, as the case may be, to comply with the
notice set out in the preceding section, shall render such person
guilty of a separate offense for. each and every day or portion
thereof during which the violation is continued or permitted, and
upon the conviction of any such violation, such person shall be
punishable by a fine of not more than Two Hundred ($200.00) Dollars.
City Authorized to Collect and Remove Solid Waste Materials.
Upon the failure of any such Owner or Agent to comply with the
notice as set out in this Secta.on, or upon the written request
and authorization of such owner or agent so notified, or in the
event that the Public Health Officer determines that such d.ondition
constiture an immediate health hazard, it shall become the res-
ponsibility of the City Secretary to have such solid waste mate-
rials collected and removed from any property within the City of
Sanger.
Charge to be Levied and Collected y the Cit - For Solid
Waste Material Collection and Removals A charge of Twenty -Five
Dollars $25,00 for each collection and removal of solid waste
materials shall be levied, assessed and collected against such
property each time such collection and removal of solid waste
materials shall be performed, provided that an additional charge
can be levied, assessed and collected against such premises for
the actual additional cost for said collection and removal. The
charges provided for herein shall be levied, assessed and collect-
ed by the City Secretary of the City of Sanger, and if any person
shall fail to pay such charges so assessed within thirty (30) days
after proper notice, the City Secretary of the City of Sanger
will file, with the County Clerk of Denton County, Texas, a
statement by the City Secretary, setting out the expenses that
the City has incurred pursuant to the provisions of this Sec-
tion, and the City of Sanger shall thereby perfect a Priviledged
Lien on the Property involved, second only to tax liens and
Liens for street improvements, to secure the expense to,the
City, together with ten (10%) percent interest from the date
such payment is due.
SECTION 21. PENALTY FOR VIOLATION. Any person, association of
persons, firm or corporation violating any of the provisions
of this ordinance, or failing to comply therewith, or with any
of the requirements thereof, shall be guilty of a misdemeanor
and, upon conviction, shall be fined any sum not less than five
dollars ($5.00) nor more than two hundred dollars ($200.00),
and each day any such violation continues shall constitute a
separate offense.
SECTION 22. REPEAL OF CONFLICTING ORDINANCES. All ordinances
or parts of ordinances in force when the provisions of this
ordinance become effective which are inconsistent or in con®
flict with the terms or provisions contained in this ordinance
are hereby repealed to the extent of any such conflict.
SECTION 2 SEPARABILITY. If any section, article, paragraph,
sentence, clause, or phrase contained in this ordinance, or if
the application thereof to any person or circumstances, is
held invalid by a court of competent jurisdiction, such invalidity
shall not affect any other provisions or applications of this
ordinance which can be given effect without the invalid provision
or application, and the provisions of this ordinance are hereby
declared to be severable.
SECTION 2�. PUBLICATION OF CAPTION The City Secretary shall
cause to be published in the official publication %J the City
of Sanger, a descriptive caption of this ordinance and the
penalty for violation thereof, within ten (10) days after the
-11-
passage hereof.
SECTION 25, EMERGENCY CLAUSE. The fact that the present ordi-
nance of said City of Sanger, Texas, pertaining to the collection
and removal of solid waste is wholly inadequate, and does not
provide sufficient and reasonable fees for the operation of the
City of Sanger's municipal sanitation service within said City
in order to promote the safety and welfare of said City constitutes
and creates an emergency and an imperative public necessity,
that the rule requiring ordinances to be read at three meetings
of the City Council of said City before final passage, be, and
the same is, hereby suspended, and this ordinance shall be placed
on its third and final reading to its passage, and the same shall
be in full force and effect from the date after its passage,
approval and publication, and it is so ordaineds
PASSED AND APPROVED THIS THE DAY OF r 1)1 A,D® 1973
Attest s i' ' -
City Secretary of the®
City of Sanger
APPROVED AS TO FORM AiVD LEGALITYs
Ail_