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0248ORDINANCE NO. 2 4 8 AN ORDINANCE ~EGULATING ~ DISPOSITICN OF BRDSH, GARBAGE,DEBRIS AND TRASH WITHIN THE CITY OF TEXAS; SE~ING FORTH DEFINITICNS; REQUIRING SUC~ ITF~ TO BE PREPAreD FOR PI(/KUP;PRDVIDING PI~K~DURE FOR COLLECPI@I AND ESTABLISHING (]L~RC~S FOR PICKt~ OF SU~{ WHEqEAS, the City Council finds that it is in the best interest of the citi- zens of the City considering safety of the streets and the general health ~nd welfare of the citizens that an ordinance be passed regulating debris, brash, garbage and trash; SECfICN 1. Defh~itions: Words used in t~%is ordinance shall be defined as follcws: Brush: Tree and shrub hrir~nings which are not easily placed in disposable Debris: Dirt, concrete, rocks, bricks, or other waste building materials. Disposable Container: Any plastic bag, cardboard, ~tal or wooden box having no outside din~nsion of ~ore than four (4) feet and capable of containing garbage or trash, without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) porn]ds and whirl] is placed at cu~oside for removal. facility, ashes, or any other household waste which is d~qo or capable of emitting noxious odors. appliances. Trash shall include ~razz ~2p~ !ea~mc, paper mhd other house- hold trash except as included in the foregoing definitions. of ~]y premises in the City to provide and use containers sufficient in nuWmer individual persons and companies of all types. (B) Every such person or conpany n~-ntioned in (A) above shall keep all SEC~ICN 3: PRIVATE DISPOSAL Any f~rson may dispose of his cwn residential or cor~rcial garbage, trash, and rubbish so long as such removal and disposal is done by the individual ~wning or residing at the premises fro~ which that garbage, trash and rubbish is removed or a ~mber of his im~diate family. No com~rcial enterprise, other than city's oontractor, shall be e~ployed to r~nove and dispose of ga~oage, trash or rubbish within tJ]e city. SECFICN 4: WAS~ES FNOM BUILD/NG OPERATIONS Debris, as ~]at term is defined herein, or other trash resulting frc~ construction, major remodeling, general cleanup of property, or resulting from sizeable amount of trash and debris being cleared in preparation for construction will not be removed by the City or a licensed contractor as regular service. The ~]er will have such debris and trash rer~3ved as his expense. SEC?ION 5: It is further provided that when and if by an~ndm~nt to this ordh]ance the City provides pickup service for brush, garbage and trash, or issues a license for a contract carrier to provide such service, then the following provisions of this ordinance shall be applicable: tri~ed and stacked at curbside to a height of not more than three (3) feet with In the event the City should receive over ten (10) complaints in any one r~ath for i~proper service based on reasonable grounds, the licensed contractor shall be charged a fee of $2.00 per cc~plaint in excess of ten (10) per month for investigating and reporting said cc~plaints to the contractor. ~]y contractor as a part of any franchise agreement shall agree to pick ~t~utt~e~a~Dage and br0sh from the City }{all premises and park premises, G. DUTIES OF CO~v~CIAL, INSTITUTICNAL, AND INDUSTRIAL CUSTC~RS It shall be tile duty of the owner or person otherwise in charge of cc~r~rcial, institutional or industrial premises within the city to cause all garbage, and trash accurmalated on said premises to be plac~d in either a garbage can with a tight fitting lid, or, with the auproval of the contractor and the City, in disposable containers, if such disposable containers will not create a nuisance. Cans and disposable containers shall be placed at a location on the premises which is readily accessible to the collector, subject to review by the City at any tim~. Co~n~rcial type containers may be used and may be placed at a lcoaticn ~] the premises as arranged between the customer and collector, but subject to review by the City at any ti~. SEUTION 6- LIC~]~SED CONTRACTORS (A). NO l~rson, except for their own private disposal as otherwise provided in ~]is ordh]ance, sh~J.1 empty gaEuage containers or trash receptacles or convey or transport garbage or trash on the streets, alleys and public thoroughfares of ~]e City except duly authorized agents or employees of the City and contractors licensed and acting pursuant to a contract with the City for collection and disposal of garbage, trash and brush. It is further provided that this subsecti~] shall not at3ply to the transporting of garbage, trash or br~sh from outside tile City to a disposal site outside the city. (B). The City may advertise for bids for a contractor to handle collections of garbage, trash and blush, ~%d the City reserves the right to reject any and all bids ~]d %J]e City i~y enter into a contract for one contractor exclusively or n~re than one contractor with no contract exceeding three (3) years in durati~]. (C). Any sud] licensed contractor must make application for a license with the City Secretary setting forth nan,, address and business, the type of vehicles to be used, the size and number of such vehicles, the proposed disposal site, and other r~asonable information required by the City to properly evaluate tl~e license application. /~ ~ O (D). An annual fee for such a license hereunder shall be $ (E) .Garbage and trash shall be removed by sudn contractor at least twice a ~eek. (F). Ail vehicles used for the collection and transportation of garbage, trash ~ld brush shall be enclosed or covered sufficiently to prevent the contents thereof from falling or blowing into the public streets or adjacent property and shall be water tight. (G). Any license and contract shall be approved by the City Council. (H). A licensed cc~tractor shall maintain at all times while operating under its contract and shall furnish evidence thereof to the City of liability insurance coverage in minimum limits of personal injury $100,000.00 for any c~e perscn and $300,000.00 for any one occurrence and $10,000.00 property dan~ge for any one occurrence. SECTICN 7- P~DHIBITED ACTS (A). It shall be unlawful for any person to sweep, throw or deposit any gadDage, trash, debris, stagnant water, or dead animal into, upon, or along any public property or private property of another, except ~s may be specifically provided by this ordinance. (B). It shall be unlawful for any person c~ning or otherwise in control of any premises within the City to permit any of the conditions described in Sec. 7 (A) hereof to exist upon property ~wned or controlled by him after having actual or constructive notice thereof. (C). It shall be unlawful for any person to place in any container any material other than as specifically provided in this ordinance. (D). It shall be ~alawful for any person to deposit or maintain garbage or trash except as provided for by this ordinance. (E). It shall be unlawful for any person to deposit any burning match, charcoal, eW~er or other material in any container u~ed for the disposal of garbage or trash. SEC~ICN 8- ~%NNER OF ODLLECTICN-TRANSPORTATIC~ OF PgIVATE DISPOSAL (A). The collection, removal and disposal of all garbage, trash and rubbish shall be carried on in a systematic,efficient manner, to keep the city in a clean and sanitary condition. (B). All vehicles used for the collection and transportation of garbage, and trash shall be equipped with suitable oovers which shall be used to prevent blowing or scattering of refuse w~lile garbage and trash is being transported for disposal. SECTION 9- Any person] violating any provision of the foregoing ordinance section shall be deemed gu/lty of a misdemeanor and upc~ final conviction therefor shall be fined in an amount not to exceed two hundred ($200.00) dollars. SECTION 10- This ordinance shall be cumulative of other ordinanoes of the Ci~y o~ Sou~hlake, Texas but shs/1 control in the event of direct conflict therewith. SECTICN 11- The City Secretary is hereby au%horized and directed to cause publication of the descriptiv~ caption and penalty clause of this ordinance as ~ alternative ~ethod all~ed by law, and ti]is ordinance shall becc~e effective i~mediately upon ~ND IT IS SO publication. D IT IS SO ORDEP~D. PASSED AND ADO~I~D t]~is ~ day of~ 1978. City Secretary not take brush or trash or garbage occupying totally more than 64 cubic feet. All vines and thorny bushes shall be placed in disposable containers. No item shall weigh more than fifty (50) pounds. C. DUTY OF CUSTOmeR FO SEE THAT CONTkINERS ARE E~OTIED Every customer is hereby required to maintain supervision and surveillance over garbage containers on his premises. If, after having been tinmly placed for collection, the cont~ners are not collected or emptied and the contents removed, as may be applicable, within twenty-four (24) hours of scheduled oollection, the customer shall notify the City by calling City Hall ~nd reporting ~]e non-collection at his address. D. RESIDENTIAL COI2~ECTICN SC~EDUL~ /~ND CH~uR(~S The collection ~]d red,oval of garbage and trash from houses used for residential pu~x~es shall be made two (2) times per week. The dlarges for such service will be established from time to time ~f anmndments to this ordinance. (aa). The frequency of collections in such areas shall be made as often as necessary in order to maintain such premises free of accumulation of garbage and trash with a minim~n of two (2) times pe~ week with the excepticn that_d~y~_trash in contractor or city supplied containers shall not be subject to the provisions requiring twice we~kly collection. (bb). The charges for such service will be established frc~ tin~ to time by an~ndments to this ordinance. F. COLLE~I~N OF ~S The charges to be fixed for the removal and disposal of all garbage, trash, and brush, after having been determined by ordinance ~m~ndment, shall be billed by and collected by the City or the licensed oontractor as provided by ordinance amendment. Any person who shall fail or refuse to pay the charge so provided within twenty-one (21) days from the date of any bill containing an arrears balance shall have his garbage service as well as all other city services suspended and the City Council shall be notified irmediately for appropriate action. The City Water Department is hereby au~%orized to act as agent for tJ~e City if the City by a~endment does bill and collect the charges to be provided. If the City bills and collects said charges for a licensed contractor, t2~ City shall retain four (4) percent of the gross revenues of such licensed contractor applicable to customers within the ci%y l~mits of Southlake, Texas as a d~arge for such services but the City does not guarantee to the contractor collection. If the contractor bills and collects such charges he shall make a q~arterly report to the city showing his total charges, total collections, and pay /~ % as a franchise t~x or street use rental.