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04-10-04-Ordinance-Amending Refuse Collection Regulations-04/19/2004ORDINANCE 04-10-04 THAT CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING ARTICLE 6.500, REFUSE COLLECTION REGULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 6 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 6.500, which said article shall read as follows: "ARTICLE 6.500 REFUSE COLLECTION REGULATIONS Sec.6.501 Definitions The following words and phrases shall have the meanings herein ascribed to them: Premises. Business house, boarding house, office, theater, hotel, motel, restaurant, cafe, eating house, tourist court, apartment, sanitarium, rest home, rooming house, school, private residence, including mobile home, vacant lot, and other places or property within the City limits of the City of Sanger, where refuse, either garbage, trash, or rubbish accumulates. Refuse. All solid wastes, including garbage, trash and rubbish. GarbaZe. All putrescible wastes, except sewage and body wastes, including all meat, vegetable, and fruit refuse, and carcasses of small dead animals and fowls from any premises within the City limits. Trash or rubbish. Any matter such as paper, cardboard, rags, wooden boxes, leaves, flowers, trimmings, lawn cuttings free from dirt and debris, tree limbs, bottles, broken glass and 'ceramics, tin cans, and other similar matter not tending to rapid decay or putrefaction. Debris. Matter such as rocks, stones, dirt, and other similar noncombustible matter. City. The City of Sanger. Person. An individual person, firm, corporation or association, and political subdivision of the State of Texas. Vehicle. Every device in or by which any person or property is or may be transported or drawn upon a public highway. 64164 City Manager. The City Manager of the City of Sanger, Texas, or his or her authorized agent. Sec. 6.502 Containers Required (a) Container Requirements for Commercial Customers. It shall be the duty of every person, firm, or corporation, owning, managing, operating, leasing, or renting any premises or commercial business where garbage or trash accumulates, to provide and maintain in sufficient numbers either portable containers or City owned commercial containers to accommodate and securely keep all garbage and/or trash that may accumulate between collections. 1. Portable containers will be provided by the City's designated Refuse Collection Service. All containers shall be kept clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes or any other insects. 2. Commercial Containers shall be provided by the City's designated Refuse Collection Service Provider at a rate as determined in the fee schedule of the Appendix of this Code. The user shall provide a hard surface pad of concrete or asphalt on which the container shall be placed. It will be the responsibility of the user to keep the containers clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes or any other insects. Users who discard food scraps, surplus food, or food products shall be required to place all food scraps, surplus food, or food products into plastic bags designed for garbage or trash disposal. All plastic bags must meet standard City of Sanger specifications and shall be securely tied or otherwise have all openings securely closed. (b) Container Requirements for Residential Customers. It shall be the duty of persons who own, lease or rent any residential premises in the City of Sanger to place all garbage or trash in plastic bags designed for garbage and trash disposal. All plastic bags must meet City of Sanger specifications and have a capacity of not more than forty (40) gallons. All bags shall be placed at the curb and suitably protected from animals and vermin. All bags shall be securely tied or otherwise have all openings securely closed. (c) Plastic Bag Standard Specifications. City of Sanger standard specifications for plastic bags used in the disposal of garbage or trash shall be not less than 1.5 mil thickness, linear low density polyethylene, size - thirty (30) gallons, 16" X 14" X 3711, opaque, with a bag weight of one hundred -eleven (111) pounds per thousand. (d) Proper Containers Required. All trash, except tree limbs and scrap lumber, shall be placed in appropriate weatherproof containers to be eligible for collection. Sec. 6.503 Owner's Duty to Place Daily Garbage and Rubbish Accumulation in Receptacle 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 duty of every person placing garbage to securely wrap garbage in paper before placing same in such container if necessary. 6.504 Materials Not Suitable to Be Placed in Containers All ordinary accumulations of rubbish, such as tree limbs and scrap lumber, which cannot be conveniently placed in the containers required under this article, shall be cut into lengths not to exceed four (4'), 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 inches (18") above the ground. Sec. 6.505 Collection Frequency The City of Sanger's designee 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 two (2) times per week; provided that any person in possession or control of any premises shall place the containers required in a location easily accessible for the collector, as directed by the City Manager. Sec. 6.506 Special Trash Collection Request In the event a special request is made for removal of trash, there shall be made a special removal charge as set forth in the fee schedule found in the Appendix of this Code for each such collection, whether the same is a partial or a full truck load. Sec. 6.507 Placement and Removal of Containers for Pick -Up (a) Any person in possession or control of premises, desiring to place garbage or trash for collection by, the City shall place all containers containing such garbage or trash adjacent to or near the curb in the front of or on the side of his or her property, along designated garbage routes as fixed by the City, not later than 7:00 a.m. of the day scheduled for collection (b) After a container has been emptied by the garbage collectors, the owner of the container shall remove it from the street not later than 8:00 p.m. of the same day and store such container on his or her property, but not in a front yard or a side yard adjacent to a public street. (c) It shall be unlawful for any person to leave any garbage container within a public street or right-of-way on any day other than a designated collection day. 64164 Sec. 6.508 Container Contents Limited A container having noticeable quantities of debris, will not be eligible for collection. (a) Excessive Accumulations of Garbage Trash, and/or Rubbish. Any premises having excessive accumulations of garbage, trash and /or rubbish, may be excluded from the service provided by the City upon written notice to the City Manager, and such accumulations shall then be removed and disposed of by a person or firm having a current license issued by the City, at the total expense' of the person in possession or control of such premises; however, such exclusion from City collection shall not waive the minimum charge for each premises. (b) Heavy Accumulation of Debris. Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile 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 Manager. Sec. 6.509 Hauling Scrap Lumber, Building Materials 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 tailgate equal to or greater than the height of the load being transported and adequate to contain the materials being hauled, and the tailgate shall be closed and securely fastened. Sec. 6.510 Tampering With or Unauthorized Use of Containers Prohibited (a.) The meddling or tampering with refuse containers or in any way pilfering, scattering contents, or junking in an alley or street within the city is prohibited. (b.) No person shall cast, place or deposit any trash, garbage, rubbish, refuse, kitchen garbage, dry kitchen refuse or ashes into any residential or commercial refuse container without the effective consent of the owner, tenant, lessee, or occupant of the premises upon which such container is located, the City of Sanger, and any agent with which the City has a contract for the dumping of containers. Sec. 6.511 Inspection of Premises It shall be the duty of the City Manager or his or her authorized agent, and he or she is hereby directed, to make all necessary inspections and investigations of any and all premises to see that the terms of this Article are complied with. Sec. 6.512 Collection Fees Charges for collection of refuse shall be as set forth in the fee schedule of the Appendix of this Code. Sec. 6.513 Waste from Tree/Shrub Trimming (a) It shall be the duty of any person who trims and prunes his or her trees and/or shrubs and any person employing, engaging, or otherwise paying a contractor, professional tree trimmer, or any other person, to trim and prune his or her trees and/or shrubs to have the trimmings and debris removed. This can be done by contacting the City Streets/Parks Department or by cutting and bundling the limbs in 4 foot lengths for collection by the City Refuse Collection Service. (b) Upon request by the owner or occupant of a tract of land, the City will remove tree trimmings and/or brush debris resulting from storm damage or created by such owner or occupant of the residence or business as a result of tree and shrub pruning and trimming. The trimmings and/or brush debris must be placed adjacent to the street right-of-way. " Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 19th day of April A.D. 2004, by the City Council of the City of Sanger, Denton County, Texas. OVED* 0 ommy icaid, Mayor I7 Rosalie Chavez, City CITY ATTORNEY 64164