11 - Solid Waste Ordinance AmendmentItem No. 11
TO: Mayor, Mayor Pro Tem & City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
FROM: Doug Harris, Assistant City Manager
SUBJECT: SOLID WASTE ORDINANCE AMENDMENT
DATE: March 11, 2024
BACKGROUND:
Article 12.04 of the City of Paris Code of Ordinances pertains to the collection of Solid Waste.
Division 1 of Article 12.04 — Solid Waste addresses general provisions for solid waste collection,
specific to residential customers, and Division 2 of the ordinance is associated with the collection
of commercial and industrial waste. The current ordinance was enacted for collection of solid
waste by the City of Paris Sanitation Division.
STATUS OF ISSUE:
Collection of solid waste was contracted to a third -party, and began for residential customers on
February 5, 2024. Commercial solid waste collection is scheduled to begin by a third -party
contractor on September 1, 2024. Division 1 of Article 12.04 — Solid Waste, in the City of Paris
Code of Ordinances, was enacted to address residential solid waste collection by the City of Paris
Sanitation Division; Division 2 of Article 12.04 — Solid Waste, in the City of Paris Code of
Ordinances, is for the collection of commercial and industrial waste. The implementation of
contracted solid waste collection requires amending the current solid waste ordinance. The
amended ordinance is attached, and accommodates the necessary revisions for Division 1,
pertaining to residential collection, as well as Division 2, commercial collection scheduled to begin
September 1, 2024.
BUDGET:
No budget impact.
RECOMMENDATION:
1. Authorize amending Article 12.04 — Solid Waste, Divisions 1 and 2, in the City of Paris
Code of Ordinances, to account for the collection of solid waste by a third -party contractor.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
REPEALING ARTICLE 12.04, "SOLID WASTE," OF CHAPTER 12,
"UTILITIES," OF THE CITY OF PARIS CODE OF ORDINANCES AND
REPLACING SAME WITH A NEW ARTICLE 12.04, "SOLID WASTE;" MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 23, 2023, after conducting a request for proposals process
compliant with state law, the City Council of the City of Paris, Texas awarded a contract for
solid waste collection, including residential solid waste collection, to CARDS Dallas, LLC (the
"Contractor"); and
WHEREAS, the Contractor assumed city-wide residential solid waste collection on
February 5, 2024 and will assume city-wide commercial and industrial waste collection on
September 1, 2024; and
WHEREAS, many of the provisions in existing Chapter 12, "Utilities," Article 12:04,
"Solid Waste," of the City of Paris Code of Ordinances have been rendered moot by the
contractual arrangement between the city and the Contractor and require revision; and
WHEREAS, the City Council has found that the regulations set forth in this ordinance
are in the best interest of the citizens of the city;
NOW, THEREFORE, BE IT RESOLVED 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 and are incorporated herein by reference for all purposes.
Section 2. That Article 12.04, "Solid Waste," of Chapter 12, "Utilities," of the City of
Paris Code of Ordinances shall be and is hereby repealed and shall be and is hereby replaced
with a new Article 12.04, "Solid Waste," as set forth in Exhibit A hereto, which is
incorporated by reference as if fully set forth herein.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance, including but not limited to Ordinance No. 2011-012,
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 4. 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 5. 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.
Section 6. 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. 1.01.009 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 7. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 11th day of March, 2024.
Reginald B Hughes, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
ARTICLE 12.04
SOLID WASTE
Division 1
Generally
§ 12.04.001 Purpose; collection required.
(a) The accumulation of Garbage, Rubbish, junk, and other deleterious substances on the
premises of Residential Units, Commercial Units, and Industrial Units, 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. It is, therefore, imperative and
urgent for the preservation of health, safety, sanitation, peace, and public welfare that
regulations be adopted to provide for the responsible and adequate removal of Waste
and Waste Materials from public and private property and from streets and alleys.
(b) Every owner or occupier of a Residential Unit within the corporate limits of the city shall
be required to utilize Collection services for the removal of Waste generated at that
Residential Unit and shall contact the city to set up service prior to first occupying a
Residential Unit. The city's duly selected Contractor shall be the exclusive provider of
such Collection services for all Residential Units within the city limits. It shall be
unlawful for any person, firm, corporation, or other business entity other than the city's
Contractor to provide such Collection 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) Up to and including August 31, 2024, every owner or occupier of a Commercial Unit or
Industrial Unit within the corporate limits of the city shall be required to arrange by
individual agreement for the collection of Waste at that unit through a person, firm,
corporation, or other entity, approved by and permitted by the city pursuant to division
2 of this article. Beginning on September 1, 2024, the city's duly selected Contractor
shall be the sole provider of Collection services for Waste for all owners or occupiers of
Commercial Units and Industrial Units other than industrial roll off customers,
temporary roll off customers, and local taxing units including Lamar County, Paris
Junior College, and independent school districts. Provision of city water service to
Commercial and Industrial Units within the city and subject to this subsection (c) is
conditioned upon compliance with this section.
(d) Unless as otherwise provided in this Article, transporting 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.
(e) Nothing in this article is intended to prohibit the transportation of recyclable solid
waste from a Residential Unit to a designated recycling drop-off point in the city.
§ 12.04. 0Z Definitions.
For purposes of this article, the following terms shall have the meanings herein described:
Brush means any cuttings or trimmings from trees, shrubs, lawns, and similar materials not
exceeding four feet (4') in length or four inches (4") in diameter. The term "Brush"
specifically excludes debris resulting from the services of a Commercial Service Provider.
Rgft WasLe means large rubbish items including, but not limited to, White Goods, bicycles,
furniture, rugs, mattresses, televisions, fence material, auto parts, and other similar
oversized items which are customary to ordinary housekeeping operations of a Residential
Unit.
Collection means the act of removing from a Customer's property Waste in any form for
transport to a Disposal Facility.
Commercia.L.-Service Provider means a person or business entity that provides for
conn� ensation tree limb cuttine and removal, or comolete tree and stumo removal services.
Commercial Unit means a commercial business or establishment, including, but not limited
to, a store, office, restaurant, warehouse and/or other nonmanufacturing facility, premises,
location, or entity, public or private® within City's corporate limits.
Commercial Waste means all types of Solid Waste generated by Commercial Units, excluding
Residential Waste and Industrial Waste,
Cornpost Sit g means the city's owned and operated compost site located at 705 Field Road,
Paris, TX, 75460.
............. ......... ...
Construction debris does not include Hazardous Waste.
CQntractor means the city's duly selected and procured contractor for providing Waste
Collection services.
----------
Customer means the owner or tenant of a Unit located within City and identified by City as
being eligible for and in need of Waste Collection services.
Customer Convenien e t . means a facility located at 2164 S Church Street, operated by
Waste Connections Lone Star, to receive residential waste for transportation and disposal at
the Waste Connections Lone Star Landfill.
Detachable Container (also referred to as "dumpster") means a watertight, all -metal
container, equipped with a tight -fitting metal or plastic cover and plugged to prevent
drainage of leachate.
Disaster Event means an event or occurrence, including, but not limited to, wildfires, storms,
floods, fires, tornados, earthquakes, train derailments, airplane crashes, and similar events
determined by the City Manager to have caused widespread damage and destruction to
personal property.
Disaster Debris means Waste Materials, including building materials, sediments, vegetative
debris, personal property, and other materials resulting from a Disaster Event that are
generated by anyone affected by a Disaster Event.
Dis ° osal, means the disposition, injection, dumping, spilling, leaking, or placing of Solid Waste
into or on the land or water in a manner that the Solid Waste or a constituent of the Solid
Waste enters the environment, is emitted into the air, or is discharged to the waters of the
State of Texas.
Excluded Waste means Large Dead Animals, Hazardous Waste, Offal Waste, Stable Matter,
Vegetable Waste, Construction and Demolition Debris, Special Waste, and Unacceptable
Waste.
Food Waste means vegetable and other food scraps, including meat, dairy products, grease,
and bones; paper that has been contaminated with food, fat, or grease; and compostable
paper including paper towels, paper plates, tissue, and waxed paper.
Garbage means Municipal Solid Waste (MSW) consisting of putrescible or animal and
vegetable waste materials resulting from the handling, preparation, cooking, and
consumption of food, including waste materials from markets, storage facilities, handling
and sale of produce and other food products, and all Dead Animals of less than ten pounds
(10 lbs.) in weight, except those slaughtered for human consumption.
Hazardous Waste means any Solid Waste identified or listed as hazardous waste by the
administrator of the Environmental Protection Agency under the Federal Solid Waste
Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
S6901, et, seq., as amended).
Industrial Unit means an industrial business or establishment, including manufacturing
facilities, premises, locations, or entities, public or private, within the corporate limits of City.
Industrial Waste means Solid Waste resulting from or incidental to any process of industry
or manufacturing, mining, or agricultural operations.
Lame Dead Animals means animals or portions thereof equal to or greater than 10 pounds
in weight that have expired from any cause, except those slaughtered or killed for human
use.
Medical Waste means Waste generated by healthcare -related facilities and associated with
healthcare activities, not including Garbage or Rubbish generated from offices, kitchens, or
other non -health-care activities. The term includes Special Waste from health care -related
facilities which is comprised of animal waste, bulk blood, and blood products,
microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC
§1.132 (relating to Definitions).
Munich_)al Solid Waste i"MSWmeans wastes consisting of everyday items such as product
packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers,
appliances, consumer electronics, and batteries. These wastes come from homes, institutions
such as schools and hospitals, and commercial sources such as restaurants and small
businesses. Municipal Solid Waste does not include municipal wastewater treatment
sludges, industrial process wastes, automobile bodies, combustion ash, or construction and
demolition debris. The term does not include source -separated recyclable materials.
Offal Waste means waste animal (land or marine) matter from establishments such as
butcher shops, slaughterhouses, food processing, and packing plants, rendering plants, and
fertilizer plants.
PQII,Q means a 95 -gallon poly cart plastic container, provided by Contractor or Customer,
clearly marked for MSW, equipped with wheels, handles, and a tight -fitting cover, capable of
being mechanically unloaded into Contractor's collection vehicles. The terms "Cart" and
"Wheeled Container" shall be considered interchangeable.
Refuse means the same as Rubbish.
Residential Unit means a residential dwelling occupied by a person or group of persons
comprising not more than four families. A Residential Unit, whether a Single Family, Duplex,
or Triplex residence shall be deemed occupied when either water or domestic light and
power utilities are being supplied to the Residential Unit. Each condominium dwelling,
whether of single or multi-level construction, consisting of four units, shall be treated as a
separate Residential Unit.
R idgntialWaste means all Refuse, Garbage, Rubbish, Brush and Bulky, and other Solid
Waste generated by a Customer at a Residential Unit.
RM&sh means non-putrescible Solid Waste (excluding ashes), consisting of both
combustible and noncombustible waste materials. Combustible rubbish includes paper,
materials, noncombustible rubbish includes -lass, crockery,, tin cans, aluminum cans--mgW
furniture, and similar materials that will not burn at ordinary incinerator temperatures
(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit),
Small Business (jaLbage agggeMLor means a commercial business, which generates no more
than one (1) cubic yard of Solid Waste per week.
.................
Mill
waste, (d) sludge waste, (e) waste from an industrial process, (f) waste from a pollution
control process, (g) Residue and debris from the cleanup of a spill or release of a chemical,
or (h) any other waste defined by Texas law, rule or regulation as "Special Waste".
Stable Matter means all manure and other waste matter normally accumulated in or about a
stable, or any animal livestock, or poultry enclosure, and resulting from the keeping of
animals, poultry, or livestock.
Structure means all single-family homes, multi -family dwellings, Small Businesses, and City
Facilities.
Un acg- �,,p aste means any Waste, the acceptance, and handling of which by Contractor
- t�l e W� —
would cause a violation of any permit, or any legal or regulatory requirement, substantial
damage to Contractor®s equipment or facilities, or present a danger to the health or safety of
the public or Contractor's employees, including, but not limited to, Hazardous Waste, Special
Waste (except as otherwise provided herein), untreated Medical Waste, Dead Animals
weighing ten pounds (10 lbs.) or greater, solid or dissolved material in domestic sewage, or
solid or dissolved material in irrigation return flows, or industrial discharges subject to
regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land suitable for the
construction of surface improvements.
Unit means, collectively, Residential Units, Commercial Units, and Industrial Units.
Unusual Accumulation means any Residential Unit Waste placed curbside for collection
which does not meet the specifications defined by this ordinance for regular garbage, bulky
waste, and brush waste.
Ve etable,,,,,Waste means putrescible solid waste resulting from the processing of plants for
food by a commercial establishment such as canneries. This definition does not include
waste products resulting from the preparation and consumption of food in food service
establishments.
Waste or Waste Materials means all Residential Waste and Commercial Waste to be collected
by Contractor. The term "Waste" specifically excludes Unacceptable Waste and Industrial
Waste.
White Goods means refrigerators, stoves and ranges, water heaters, clothes washers and
dryers, freezers, swing sets, bicycles (without tires), scrap metal, copper, and other similar
domestic and commercial large appliances.
Yard Waste means accumulations of lawn, grass, or shrubbery cuttings or clippings, dry leaf
rakings, small tree branches (not to exceed 4 feet in length or 4" in diameter), bushes or
shrubs, green leaf cuttings, fruits, or other matter usually created by refuse in the care of
lawns and yards, except large branches, trees, bulky or non-combustible materials not
susceptible to normal loading and collection in "load packer" type sanitation equipment used
for regular collections from domestic households. Notwithstanding the foregoing, all trees,
shrubs, and brush trimmings must be cut, placed in Bundles and stacked at the Curbside.
§ 12.04.003 Penalty.
The violation of any of the provisions of this article constitutes a misdemeanor affecting the
public health and safety and shall be punished by a fine in accordance with section 1.01.009
of this Code of Ordinances. Offenses committed under this article are strict liability offenses.
§ 12.04.004 Poly Carts and Detachable Containers.
(a) The Contractor shall provide Poly Carts to Residential Unit Customers and Small
Business Garbage Generators, and shall provide Detachable Containers to Commercial
Unit and Industrial Unit Customers covered by §12.04.001(c) of this ordinance. Unless
permission is given by the Contractor, Poly Carts and Detachable Containers shall
remain at the address where delivered by the Contractor.
(b) Poly Carts
(1) Poly Carts containing Residential Waste shall be placed at curbside for collection
no earlier than dusk the day before or later than 7:00 a.m. of the day on which
collection is scheduled. Poly Carts shall be removed from curbside following
collection by 11:00 p.m. the day of collection.
(2) All materials, with exception to those covered in section 12.04.005, to be collected
shall be placed within the Poly Cart, with the total weight per Poly Cart not to
exceed one hundred and seventy (170) pounds. Additional Poly Carts, as needed,
shall be obtained from the Contractor.
(c) Detachable Containers
(1) Detachable Containers shall be placed at a location pursuant to applicable city
zoning code and as is convenient for collection by the Contractor.
(2) Access to the Detachable Container shall not be blocked.
(3) Detachable Containers shall not be overloaded to the point where the lid or
covers will not close, or the tarp will not properly cover the load.
(3) Damaged, lost, or stolen Poly Carts and Detachable Containers shall be communicated
to the Contractor, and otherwise shall be governed by the Contractor's terms of service.
(4) Poly Carts and Detachable Containers shall not be used for Excluded Waste, Disaster
Debris, or Unacceptable Waste.
§ 12.04.005 Collection of Bulky Waste, Yard Waste, White Goods, Brush, and Unusual
Accumulation from Residential Units.
(a) Collection of Bulky Waste, Yard Waste, White Goods, Brush, and Unusual Accumulation
from Residential Units shall be governed by the Contractor's terms of service.
(b) Yard Waste, Brush and Bulky Waste shall not exceed three (3) cubic yards, in combined
total, per collection.
(c) White Goods containing refrigerants must be tagged certifying that all refrigerants have
been removed by a certified refrigerant technician prior to their placement for
collection. (d) Residents may personally deliver up to two (2) loads of residential
Brush, Yard Waste, and/or Tree Debris, containing no more than three hundred fifty
(350) cubic feet per load, to the Compost Site for no additional fee. A maximum of two
(2) loads may be taken to the Compost Site per month. Citizens must prove their
residency by showing a valid state driver's license or other similar acceptable photo
identification and a current city water bill or receipt at the time of drop-off.
(e) All residential Brush transported over city streets by the resident shall be properly
covered during transport so as to prevent the Brush from escaping from the vehicle or
trailer. Failure to comply with this requirement shall constitute a misdemeanor and
subject the violator to a fine as provided in section 1.01.009 of this code.
§ 12.04.006 Customer Convenience Station.
(a) Residential Units may deliver up to four (4) cubic yards of Residential Waste material
to the Customer Convenience Station per month free of charge. Every person delivering
Residential Waste shall be required to verify their residence by Texas driver's license
along with a current city water bill proving that the resident has an established account
with the City. The Customer Convenience Station shall not be used for Excluded Waste,
Disaster Debris, or Unacceptable Waste.
§ 12.04.007 Rates; billing and payment of charges.
(a) Monthly rate—Residential Units. The fair and reasonable rate for the collection and
removal of Residential Waste for each Residential Unit (not including rates for collection
of Unusual Accumulations and Disaster Management Rates) shall be set forth in the fee
schedule in Appendix A of this code.
(b) Billing—Residential Units. The city will provide billing services related to Residential
Waste collection services. Any person who shall fail or refuse to pay Residential Waste
service fees before the expiration of ten (10) days after the date same shall become due
and payable shall have his or her water 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.
(d) —CuLt m rs outside cii: N limits. The schedule of rates and charges for residential
customers of the city that are located outside the corporate limits of the city shall be as
set forth in the fee schedule in appendix A of this code.
(e) A eals and ad'ustments. The director of finance of the city shall be the city's designee
for hearing any appeals related to the delinquent sanitation accounts and as such will
hear and determine matters of adjustment, hardship, illness or disability which would
justify a payment schedule other than that fixed by this article.
(f) Month rq_tg and Billing—Cornmercial and Industrial Units. The Contractor shall be
responsible for billing services related to Commercial and Industrial Units subject to
this §12.04.001(c) of this ordinance.
§ 12.04.008 Disposal of Excluded, Disaster Debris and Unacceptable Waste.
Excluded Waste, Disaster Debris and Unacceptable Waste as defined herein shall be disposed
of by the owner at his or her expense in a sanitary and legal manner.
§ 12.04.009 through § 12.04.040. (Reserved)
Division 2
Collection of Commercial and Industrial Waste—Through August 31, 2024
§ 12.04.041 Permit required.
(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 section 1.01.009 of this code. Each and every act
shall constitute a separate offense.
§ 12.04.042 Application for permit; issuance; expiration; transfer.
(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 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 $1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily
injury to or death and $1,000,000.00 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 the city as an additional insured, subject to
approval by the city attorney, and the applicant or his insurance carrier or carriers shall
deliver a copy of any such policies to the city clerk, 150 1st Street S.E., Paris, Texas
75460, or furnish to the 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
the city 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 nonrefundable application fee
as set forth in the fee schedule in appendix A of this code.
(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.
(f) The permit required by this section shall not be transferable.
§ 12.04.043 Inspection of books and records.
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 article.
§ 12.04.044 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.
§ 12.04.045 Permissible vehicles.
Vehicles used by permittees under this division 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 canvas, 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 of the city
unless the contents thereof are compacted.
§ 12.04.046 Revocation of permit.
The city manager or designee may revoke a solid waste collection permit for failure of the
holder to provide required information, for failure 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 of the city council approving or disapproving
the order of the city manager shall be final.
§ 12.04.047 Street use fee.
(a) Each holder of a permit issued under section 12.04.042 shall pay the city a street use fee
for the privilege of operating on the city streets, alleys, and thoroughfares as set forth in
the fee schedule in appendix A of this code. The permit holder shall keep records of all
gross receipts for all revenues and income collected from any source derived 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 pay a penalty as set forth in the fee schedule in
appendix A of this code, which penalty shall be in addition to the usual fee imposed by
this section.
§ 12.04.048 Expiration of this division.
This division 2 shall expire at 11:59 p.m. on August 31, 2024 after which time the Commercial
and Industrial Collection services, unless excluded by §12.04.001(c), shall be assumed by the
Contractor.