15 - REVISED SOLID WASTE COLLECTION REGULATIONSItem No. 15
memorandum
TO: Mayor & City Council
John Godwin, City Manager
FROM: Jerry McDaniel, Public Works Director
SUBJECT: REVISED SOLID WASTE COLLECTION REGULATIONS
DATE: September 12, 2017
BACKGROUND: There has been some minor confusion about language included in our solid
waste ordinance as to who is required to use and pay for city -provided residential collection.
Texas cities have the authority to regulate these activities, including operating an exclusive
franchise as is done in Paris, in order to manage the general health of the city and its residents.
STATUS OF ISSUE: Our ordinance has always been intended to require that all residential
properties in the city limits will participate in solid waste collection provided by the city. No
other option is available. Similarly, all non-residential properties are intended to be required to
contract and pay for regular collection and disposal of their solid wastes. The attached ordinance
amends our existing one, making no substantive changes, but merely clarifying certain areas that
may have been confusing.
BUDGET: N/A
RECOMMENDATION: Approve attached ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 16, "GARBAGE AND WASTE MATERIALS," ARTICLE
II, "REGULATION OF THE COLLECTION OF SOLID WASTE," OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS, TEXAS PROVIDING FOR
MANDATORY RESIDENTIAL AND COMMERCIAL SOLID WASTE
COLLECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 12 of the City Charter of the City of Paris, Texas authorizes the
City to prescribe rules and regulations for the handling and disposition of garbage; and
WHEREAS, on December 11, 2000, the City Council for the City of Paris adopted
Ordinance No. 2000-067 relating to the regulation of residential and commercial collection
of solid waste; and
WHEREAS, the City Council finds and determines that the adoption of specific
ordinance provisions making collection of solid waste from residential and commercial
properties mandatory within the city limits of the City of Paris is consistent with state law
and the City Charter and is 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, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 16-21, "Purpose of Article," of Chapter 16, "Garbage and
Other Waste Material," Article I1, "Regulation of the Collection of Solid Waste," of the Code
of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read in its
entirety as follows:
" 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
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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.
"(b) Every owner or occupier of a residential unit within the corporate limits
of the City shall be required to utilize garbage solid waste services for
solid waste generated at that residential unit. The City 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. Provision of City water service to residential
units within the City is conditioned upon compliance with this section.
"(c) Every owner or occupier of a commercial or industrial unit within the
corporate limits of the City shall be required to arrange by individual
agreement for the collection of garbage and rubbish generated at that
unit through a person, firm, corporation, or other entity, approved by and
permitted by the City pursuant to Sections 16-31-16-39 of this Article.
Provision of City water service to commercial or industrial units within
the City is conditioned upon compliance with this section.
"(d) In the case of a commercial or industrial unit located in residential area,
said commercial unit may, at its option, contract for solid waste collection
services from either the City as set forth in subsection (b) of this section or
from a third party provider as set forth in subsection (c) of this section,
subject to the requirements of Secs. 16-23-16-28. Provision of City water
service to such a commercial or industrial unit is conditioned upon
compliance with this section.
"(e) Transporting solid waste from the location of a residential or commercial or
industrial unit to another residential or commercial or industrial unit for
disposal shall be prohibited. "(f) Nothing in this Article is intended to
prohibit the transportation of recyclable solid waste from a residential unit
to one of the designated recycling drop-off points in the City."
Section 3. That Section 16-22, "Definitions," of Chapter 16, "Garbage and Other
Waste Material," Article II, "Regulation of the Collection of Solid Waste," of the Code of
Ordinances of the City of Paris, Texas, be, and the same is hereby amended to amend the
definitions of "Commercial or industrial unit" and "Residential unit" to read as follows:
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"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. A dwelling consisting of five (5) or more contiguous or separate
single-family dwelling units shall be treated as a commercial or industrial unit for
the purposes of this article, regardless of the number of separate single-family
dwelling units actually occupied.
"Residential unit. A dwelling within the corporate limits of the City which
contains a bathroom, kitchen, and bedroom or combination of same. A residential
until 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 multi-level
construction, which consists of four (4) or fewer contiguous or separate single-
family dwelling units, shall be treated as a residential unit except that each single-
family dwelling within such residential until shall be billed as a separate residential
unit. In the case of a dwelling consisting of four (4) or fewer contiguous or separate
single-family dwelling units which also houses a business or commercial enterprise
and which is in a residential area, said dwelling shall be treated as a residential unit
for the purposes of this article."
Section 4. That Section 16-32, "Collection, transportation of solid waste within City,
except in accordance with this article or state law, prohibited," of Chapter 16, "Garbage and
Other Waste Material," Article II, "Regulation of the Collection of Solid Waste," of the Code
of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to rename the
section "Violations" and to read in its entirety as follows:
"Sec. 16-32 Violations
"The violation of any of the provisions of this article constitute a
misdemeanor affecting the public health and safety and shall be punished by a fine
not to exceed $2,000.00 in accordance with Sec. 1-6 of this Code of Ordinances.
Offenses committed under this article are strict liability offenses."
Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 6. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 7. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
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Section 8. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 10. That this ordinance shall become effective from and after its passage
and publication as required by law.
PASSED AND ADOPTED on this day of 2017.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
sE
Steven J. Clifford, M.D. Mayor