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2000-067-ORD AMENDING CHAPTER 16 OF CODE OF ORDINANCES BY REPEALING SECTIONS 16-21 THROUGH 16-43 AND ADOPTING NEW SECTIONS 16-21 AND 16-40 ORDINANCE NO. 2000-067 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS BY REPEALING SECTIONS 16-21 THROUGH 16-43 AND ADOPTING NEW SECTIONS 16-21 THROUGH 16-40 ESTABLISHING REGULATIONS AND FEES FOR RESIDENTIAL WASTE COLLECTION; REGULA TING WASTE CONTAINERS; AUTHORIZING OTHER RULES AND REGULATIONS; REQUIRING PERMITS FOR COLLECTION AND TRANSPORTATION OF COMMERCIAL AND INDUSTRIAL SOLID WASTE; PROVIDING FOR A STREET USE FEE; REQUIRING THE MARKING OF VEHICLES; REQUIRING PERMITEE TO SUBMIT TO CITY INSPECTION OF NECESSARY BOOKS AND RECORDS; ESTABLISHING A PENALTY FOR VIOLATION HEREOF; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 10 and 11 of the City Charter of the City of Paris, Paris, Texas, authorize the City to regulate the use of its streets and thoroughfares; and, WHEREAS, Section 12 of the City Charter authorizes the City to prescribe rules and regulations for the handling and disposition of garbage; and, WHEREAS, Section 119 of the City Charter authorizes the City to regulate the use of streets and charge fees for the use thereof; and, WHEREAS, Section 123 of the City Charter authorizes the City to regulate rates of those entities traversing the streets and thoroughfares of the City; and, WHEREAS, Section 124 of the City Charter authorizes the City Council, upon two-thirds (2/3) vote of an ordinance duly adopted, to grant the privilege of the use of the streets and thoroughfares of the City of Paris in furtherance of the needs of the citizens of the City of Paris; and, WHEREAS, Section 273,007 of the Texas Local Government Code authorizes cities to charge a fee for the use of their streets and dedicated thoroughfares; and, WHEREAS, the City Council finds and determines that the public interest is served by imposing a fee for the use of City streets on entities which collect commercial and industrial solid waste within the city limits; and, Page 1 of 11 WHEREAS, the City Council finds and determines that all residential solid waste is and should be collected by the City of Paris pursuant to the authority granted to the City by state law and its City Charter as referenced herein; and, WHEREAS, the City Council further finds and determines that the adoption of specific ordinance provisions regulating trash containers, the collection of residential trash, establishing residential collection rates, and establishing rules and criteria for the general collection of residential garbage and waste within the city limits of the City of Paris, is consistent with state law and the City Charter and in the interest and furtherance of public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved, Section 2. That Articles II and ill, Sections 16-21 through 16-43 of the Code of Ordinances, City of Paris, Paris, Texas, be, and the same are hereby, repealed and declared null and void and of no effect. Section 3. That there are hereby adopted to the Code of Ordinances of the City of Paris, Paris, Texas, new Sections 16-21 through 16-60 to read as follows: "ARTICLE II. REGULATION OF THE COLLECTION OF SOLID WASTE Sec. 16-21. Purpose of article. (a) The accumulation of garbage, rubbish, junk, and other deleterious substances on the premises of private residences, commercial and industrial institutions, and in streets and alleys constitutes a public menace and nuisance and greatly increases the danger of the spread of infectious, contagious, and epidemic diseases, and it is imperative and urgent for the preservation of health, safety, sanitation, peace, and public welfare that proper and adequate regulations be adopted to require property owners, tenants, occupants, or lessees to secure containers and receptacles of sufficient size and material in which to deposit garbage and trash for collection and removal at regular intervals, The transportation of commercial and industrial solid waste presents additional problems associated with the collection, transportation, and disposal thereof, requiring additional regulations and fees necessary to defray the cost of regulation and the maintenance of streets and rights- of-way affected by such activity, Page 2 of 11 (b) The City of Pari s and its City Sanitation Department shall be the exclusive provider of residential garbage, rubbish, and waste collection and disposal services for all residential units within the city limits of the City of Paris. It shall be unlawful for any person to provide garbage, rubbish, or other waste collection or disposal services to any person for compensation within the City or to make use of the public streets for that purpose except as provided in this article. Sec. 16-22. Definitions. The following terms as herein defined shall control in the construction and enforcement of this article: Bags. Plastic sacks designed to store refuse and having sufficient wall strength to maintain physical integrity when lifted by the top, Thickness shall be no less than two (2) millimeters, Bags shall be sealable, having no punctures, tears, or undesigned openings, Brush, Small shrubs, weeds, leaves, trees and tree limbs and trimmings, bark, grass, and similar waste yard materials customarily grown on residential lots or yards, Bulky waste, Stoves, refrigerators, water tanks, washing machines, furniture, other appliances, carpet, rugs, tires (no rims); brush, tree trimmings, bundles in excess of three (3) cubic feet or fifty (50) pounds in weight; and other waste mate- rials, other than unacceptable residential waste with weights or volumes greater than those allowed for basic collection, as the case may be, For brush, limb size shall not exceed six (6) inches in diameter. Bundle, Tree, shrub, and brush trimmings securely tied together forming an easily handled package not exceeding three (3) cubic feet in volume, City. City of Paris, Paris, Texas, Commercial or industrial solid waste, All bulky waste, garbage, rubbish, construction debris, or other lawful solid waste generated by a producer at a commercial or industrial unit. Commercial or industrial unit. Any premise, location, or entity, public or private, requiring refuse collection within the corporate limits of the City that is not a residential unit. Construction debris, Waste building materials resulting from construction, remodeling, repair, or demolition operations, including, but not limited to, lumber, bricks, concrete, shingles, or other similar materials, Page 3 of 11 Dead animals. Animals or portions thereof that have expired from any cause, except those slaughtered or killed for human use, Animals or portions thereof that have expired from any cause shall also be so defined, regardless of weight, when said animal or portion thereof is in the possession of the Lamar County Humane Society or the City, or when said animal or portion thereof is found on a public street or thoroughfare, Garbage, Any and all dead animals of less than ten (10) pounds in weight; every accumulation of waste (animal, vegetable, and/or other matter) that results from the preparation, processing (for consumption), dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other animal or vegetable matter; or other putrescible waste; except (in all cases) any matter included in the definition of bulky waste, construction debris, hazardous waste, unacceptable residential waste, or rubbish, Hazardous waste, Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be "hazardous" as that term is defined by or pursu- ant to federal or state law, Producer. An occupant of a residential, commercial, or industrial unit who generates solid waste. Residential unit. A dwelling within the corporate limits of the City which contains a bathroom, kitchen, and bedroom or combination of same. A residential unit shall be deemed to be occupied when either water or domestic light and power services are being supplied thereto, A dwelling, whether of single or multilevel construction, consisting of four (4) or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed as a residential unit. Rubbish, All waste wood, wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, feathers, tin cans, bottles, broken dishes, utensils, used and discarded clothing, used and discarded shoes and boots, waste pulp and other products such as are used for packaging or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other lawful solid waste material not included in the definition of bulky waste, construction debris, garbage, unacceptable residential waste, or hazardous waste, Solid waste, Garbage, rubbish, construction debris, and any other lawful waste material. Page 4 of 11 Unacceptable residential waste, Waste unacceptable for residential pick-up shall include hazardous waste; construction debris; major vehicle parts or batteries; fencing; cross ties; medical waste; caustic, corrosive, explosive, toxic, or flammable materials; sewage or other human waste; animal waste; or other materials designated as unacceptable by the City Manager, or designee. Sec. 16-23. Storage containers. (a) Storage containers may be provided by the owner, tenant, lessee, or occupant of any building, house, or structure, (b) Storage containers shall be made of a solid and durable grade of metal or plastic with a capacity of not less than ten (10) gallons, It is expressly prohibited to use plastic bags for storage of garbage, except when such bags are properly placed for collection on the day on which collection is scheduled, (c) Each container shall be equipped, constructed, and maintained as to prevent spillage, leaks, and the free discharge of contents and the entry or exit of vectors and vermin, (d) Containers that have deteriorated, that have become unsanitary, that have been damaged to the extent of having jagged or sharp edges, or that are capable of causing injury shall be replaced, Sec. 16-24. Container lids to be securely fastened. The lids or covers of all containers shall at all times be kept secured and fastened so that flies and other insects may not have access to the contents thereof, and said lids and covers shall only be removed while said containers and receptacles are being filled or emptied, as the case may be. Sec. 16-25. Rules for placement of bags or bundles for residential collection. (a) All residential garbage and rubbish placed for collection should be contained in bags only, All such bags placed for collection shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vectors and vermin. Bags placed for collection may be contained in appropriate storage containers as described in Sec, 16-23 herein, Garbage or refuse that is loose in containers will not be collected, With the exception of brush, tree trimmings, and limbs, residential rubbish shall be placed for collection in bags, Brush, tree trimmings, and limbs shall be properly bundled, Page 5 of 11 (b) Broken glass, jagged metal, razors, wires, and other pointed or sharp objects shall be sufficiently wrapped in paper and securely taped or tied before bagging so as to prevent injury when handling, (c) Each bag and/or bundle shall be placed at curbside for collection, Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways (including alleys), Bags and/or bundles 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, bags and/or bundles shall be placed as close as practicable to an access point for the collection vehicle, (d) Not more than a total of six (6) collection bags and bundles of brush will be collected by the City sanitation department for each residential unit on each day of collection for such unit. The weight limit for bags or brush bundles should not exceed fifty (50) pounds. (e) Bags containing residential garbage shall not be placed at curbside for collection before 5:00 a,m, or later than 7:30 a,m, of the day on which collection is scheduled, Sec. 16-26. Rules and regulations. The City Manager, or designee, is authorized to establish rules and regulations for the collection of residential waste, including, but not limited to, designation of collection routes, collection days, holidays, bulk collection days, or other similar rules, Sec. 16-27. Disposal of bulk items at residential units. Large accumulations of brush or other bulky waste and heavy material at residential units will be disposed of by the City on a special pick-up call, in accordance with rules and regulations and scheduling established by the City, Bulky waste shall be placed for collection in accordance with Sec, 16-23( c) herein, provided such waste shall not block drainage ditches, sidewalks, or be placed in the street, and shall not be placed for collection until one (1) day prior to collection, Sec. 16-28. Residential collection rate. (a) The fair and reasonable rate for the collection and removal of garbage, rubbish, and brush for each residential unit using or occupying any building, house, or structure or part thereof for residential purposes, shall be $14,00 per month, plus tax. Page 6 of 11 (b) Billing for City residential waste collection shall be conducted as provided in Sec. 34-29 of this Code, Any person who shall fail or refuse to pay the charges specified herein before the expiration of ten (10) days after the date same shall become due and payable shall have his service discontinued, and the City health official may be notified immediately for appropriate action in accordance with the ordinances and laws regulating health and sanitation. Resumption of service after satisfaction of an overdue bill shall be in accordance with the City's rules and regulations, (c) The schedule of rates and charges for residential customers of the City that are located outside the corporate limits of the City shall be double the rates specified in subsection (a) above, Sec. 16-29. Commercial and industrial collection; Containers and bins. (a) All containers and bins used for commercial or industrial solid waste disposal shall be in accordance with the provisions of Sec. 16-23 of this Code. (b) Commercial and residential solid waste shall be of such quality so as to allow no blowing debris to escape its confinement. A bin must be constructed so as to be compatible with the area in which it is located, (c) Loose commercial and industrial solid waste that cannot be tied or bundled shall be placed in containers, plastic bags, or boxes before being placed in the bin, All bins and containers shall be kept in accordance with the provisions of Sec, 16-23 of this code concerning unsanitary and unsightly conditions on private premises. (d) No commercial or industrial solid waste container shall be located on any dedicated public street, alleyway, or other public place or property without the express written approval of the City Manager, or designee, Sec. 16-30. Disposal of manure or waste oil to be at owner's expense. Manure from cow lots, horse stables, chicken yards, pigeon lofts, and waste oil from garages or filling stations shall be disposed of by the owner and at his expense, Sec. 16-31. Disposal of heavy dead animals. Heavy dead animals, such as cows, horses, and mules, shall be disposed of by and at the expense of the owner, or persons having same in charge, in the manner and by the method directed by the City health officer. Page 7 of 11 Sec. 16-32. Collection, transportation, or disposal of solid waste within City, ex- cept in accordance with this article or state law, prohibited. The collection, transportation, or disposal of solid waste of any kind, includ- ing that designated under Secs, 16-27, 16-30, and 16-31 of this Code, at any place within the City limits, except in accordance with this article or state law, is prohib- ited, Sec. 16-33. Permit required for collection of commercial and industrial solid waste. (a) No person, firm, corporation, or other entity, excluding the City, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the corporate limits of the City for the purpose of engaging in the business of collecting or transporting solid waste from commercial and industrial units within the City without first having obtained a solid waste collection permit from the City, (b) If any person engages in the business of collecting or transporting solid waste without a permit as required by this section, such act shall constitute a misdemeanor and subject such person to a fine as provided in Sec, 1-6 of this Code, Each and every act shall constitute a separate offense, Sec. 16-34. Application for permit; issuance or permit; expiration; permit not transferable. (a) To obtain a solid waste collection permit, a person must submit an application on a form provided by the City Manager or the City Manager's designee, The applicant must be the person who will own, control, or operate the proposed solid waste collection service, (b) The permit application shall include the following information: (1) The applicant's name, address, and verified signature; (2) The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business; (3) A description of all vehicles to be used by the applicant, including the vehicle type, capacity, vehicle identification number, and license number; (4) A certificate of insurance or other evidence establishing that the applicant has motor vehicle liability insurance or other proof of financial Page 8 of 11 responsibility as required by law; (5) A certificate of insurance or other evidence establishing that the applicant has acquired, and shall during the terms of any permit issued hereunder, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least two hundred fifty thousand dollars ($250,000,00) per person and five hundred thousand dollars ($500,000.00) for any single occurrence for bodily injury or death and one hundred thousand dollars ($100,000,00) for any single occurrence for injury to or destruction of property (or greater coverage if required by state law), indemnifying all persons for any and all damages, personal injuries or property damages sustained as the result of the negligence of permittee, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due, It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with City of Paris as an additional insured, subject to approval by the City Attorney, and applicant or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 First S,E, Street, Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during any permit period and any extension thereof and specifically noting thereon that City of Paris is an additional insured, All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, attention City Clerk, (6) A statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited, (7) A statement and accompanying documentation in support of the public necessity and convenience for the issuance of the permit. (c) Each application for a permit shall be accompanied by a non-refundable application fee of five hundred dollars ($500,00), (d) Upon a finding of public necessity and convenience for issuance of the permit, and the adoption of an ordinance passed by a two-thirds (2/3) vote of the City Council approving the permit, said permit shall be issued, (e) Each solid waste collection permit shall expire September 30 of each year, and may be renewed by making application as provided in this section, Page 9 of 11 (f) The permit required by this section shall not be transferable. Sec. 16-35. Requirement to furnish information. The books and records of the permit holder shall be open at reasonable times for inspection by the City Manager, or designee, in accordance with the terms of this ordinance. Sec. 16-36. Marking of vehicles and containers. The permit holder shall identify all vehicles and solid waste containers with its name in letters at least four (4) inches tall. Sec. 16-37. Permissible vehicles. Vehicles used by permitees under this article shall be of the standard packer and/or dumpster type designed for garbage and refuse collection and transportation service, or shall be a vehicle which has a solid bottom and solid sides, and is equipped with a top of wood, metal, or canvass, so that the same may be easily opened and closed when picking up garbage or refuse and will contain garbage or refuse within said vehicle. It shall be a violation of the permit to operate a vehicle in a manner that allows solid waste to leak or otherwise escape from the vehicle. A packer-type vehicle shall not be moved on the streets ofthe City unless the contents thereof are compacted. Sec. 16-38. Revocation of permit. The City Manager or designee may revoke a solid waste collection permit for failure ofthe holder to provide required information, forfailure to maintain adequate insurance, for failure to pay fees, for making false statements on the application or monthly report, or failure to comply with this article. The revocation may be appealed to the City Council if written notice of a request for hearing is given to the City Manager within ten (10) days of the receipt of the revocation order. The order ofthe City Council approving or disapproving the order of the City Manager shall be final. Sec. 16-39. Street use fee imposed on solid waste collectors. (a) Each holder of a permit issued under Sec. 16-34 shall pay the City a street use fee for the privilege of operating on the City's streets, alleys, and thoroughfares equal to fourteen percent (14%) of the gross receipts earned from waste collected, hauled, or disposed from within the City limits. The permit holder shall keep records of all gross receipts on all revenues and income collected from any source derived Page 10 of 11 from the permit holder's operation of solid waste collection within the City limits. (b) Street use fees are due and shall be paid monthly no later than the 15th day of the month following the month of collection. Anyone who fails to pay the fee imposed by this section within the time required shall forfeit ten (10) percent of the amount due as a penalty, which penalty shall be in addition to the usual fee imposed by this section. Sees. 16-40 through 16-60. Reserved." Section 4. That it is hereby declared to be the intention of the City Council of the City of Paris 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 unlawful by the valid judgment or decree of any court of competent jurisdiction, such finding shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such remaining provisions shall remain in full force and effect. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective on March 1,2001. PASSED AND ADOPTED this 11th day of December, 2000. ~_:L~{t'~ Michael J. Pfieste, ay ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Page 11 of 11