05-B Amend Sec. 16-22, 16-27, & 16-28 Bulky Trash Ord
DRAFT
ORDINANCE NO.
F:ATIORNEY\ORDWORK\CURRENT\Amend 16-22 & 16-27(aXb) Bulky Trash
February 7, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF
THE CITY OF PARIS, PARIS, TEXAS, BE AMENDED BY REVISING
SECTIONS 16-22, 16-27, AND 16-28 OF SAID CODE; PROVIDING FOR A
NEW DEFINITION FOR BULKY TRASH AND ESTABLISHING
GUIDELINES AND RATES FOR THE PICKUP OF BULKY TRASH;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
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 Section 16-22 of the Code of Ordinances of the City of Paris, Paris,
Texas, be, and the same is hereby, amended so that such shall read as follows:
"Sec. 16-22. Definitions.
***
Bulky waste. Stoves, refrigerators which have CFC's removed by a
certified technician, water tanks, washing machines, other appliances, furniture,
carpet, rugs, brush or tree trimmings bundled in excess of three (3) cubic feet or
fifty (50) pounds in weight, and other waste material other than construction
debris, dead animals, hazardous waste, or other items which are unauthorized to
be disposed of in a Type I Landfill in Texas. The weight of any bulky item shall
not exceed that which can easily be loaded by two (2) workers. NOTE: City of
Paris will provide collection of loose brush upon request for a separate charge
based upon volume.
* * *"
Section 3. That Section 16-27 of the Code of Ordinances of the City of Paris, Paris,
Texas, be, and the same is hereby, amended so that such shall read as follows:
"Sec. 16-27. Disposal of bulk items from residential units; large brush pickup; fees.
(a) Bulky waste or large accumulations of brush at residential units will
be disposed of by the City in accordance with rules and regulations established
by the city. Bulky waste will be placed immediately behind the curb such as to
-,- ,---.--.- ..".--.,.-
not block drainage ditches or sidewalks and shall not be placed for collection
until one (1) day prior to collection.
* * *
(e) Bulky waste in excess of a two (2) yard item per week will be
disposed of by the city for a fee of twenty dollars ($20.00) per cubic yard and in
accordance with rules and regulations established by the city.
* * *"
Section 4. That Section 16-28 of the Code of Ordinances of the City of Paris, Paris,
Texas, be, and the same is hereby, amended so that such shall read as follows:
"Sec. 16-28. Residential collection rate.
(a) The fair and reasonable rate for the collection and removal of
garbage, rubbish, and brush (not including the separate fee for large brush pick
up set out in section 16-27 of this Code or bulky waste in excess of two (2) yard
per week set out in section 16-27(e) of this Code) for each residential unit using
or occupying any building, house, or structure or part thereof for residential
purposes, shall be fourteen dollars ($14.00) per month, plus tax.
* * *"
Section 5. All ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed.
Section 6. This ordinance shall become effective on March 1, 2006.
PASSED AND ADOPTED this 13th day of February, 2006.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
T>
~ 16.21
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 in-
creases the danger of the spread of infectious,
contagious, and epidemic diseases, and it is im-
perative 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 commer-
cial and industrial solid waste presents additional
problems associated with the collection, transpor-
tation, 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) The City ancl its City Sanitation Depart-
ment shall be the exclusive provider of residential
garbage, rubbish, ancl waste collection and dis-
posal 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.
(Ord. No. 2000-067, ** 2, 3,12-11-00)
*Editor's note-Onl. No. 2000-067, adopted Dec. 11,
2000, repealed the former Art. II and III, ** 16-21-16-43, and
enacted a new Art. II as set out herein. The former Art. X
pertained to similar subject matter and derived from Code
1970, ~ 14-51; Ord. No. 250-1, ~ 1, adopted June 9, 1980; Ord.
No. 83-061, * 1, adopted Oct. 3, 1983; Ord. No. 87-078, * I,
adopted Dec. 14, 1987; Ord. i\o. 89-038, ~ 1, adopted Oct. 2,
1989; Ord. No. 90-033, ~ 1, adopted Oct. 2, 1990; Ord. No.
91-040; ~ 2, adopted Aug. 12, 1991; Ord. No. 91-049, ~ 1,
adopted Sept. 26, 1991; Ord. No. 92-046, ~ 1, adopted Sept. 24,
1992; Ord. No. 93-046, ~ 1, adopted Sept. 27, 1993; Ord. No.
98-051, ~ 1, adopted Sept. 16, 1998; Orc!. No. 99-068, ~ 1,
adopted Sept. 27, 1999)
Supp. No. 38
PARIS CODE
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. Thick-
ness 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 simi-
lar waste yard materials customarily grown on
residential lots or yards.
Bullly waste. Stoves, refrigerators, water tanks,
washing machines, furniture, other appliances,
carpet, rugs, tires (no rims); brush, tree trim-
mings, bundles in excess of three (3) cubic feet or
fifty (50) pounds in weight; and other waste
materials, 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 se-
curely 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 inclustrialunit.
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 lim-
ited to, lumber, bricks, concrete, shingles, or other
similar materials.
Dead animals. Animals or portions thereof that
have expired from any cause, except those slaugh-
tered or killed for human use. Animals or portions
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GARBAGE A..'ID OTHER WASTE MATERIAL
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, can-
ning, storage, transportation, decay or decompo-
sition 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, construc-
tion debris, hazardous waste, unacceptable resi-
dential 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, commer-
cial, or industrial unit who generates solid waste.
Residential unit. A dwelling within the corpo-
rate 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, con-
sisting 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, paste-
board, rags, straw, feathers, tin cans, bottles,
broken dishes, utensils, used and discarded cloth-
ing, used and discarded shoes and boots, waste
pulp and other products such as are used for
packaging or wrapping crockery and glass, ashes,
Supp. No. 40
~ 16-24
cinders, floor sweepings, glass, mineral or metal-
lic substances, and any and all other lawful solid
waste material not included in the definition of
bulky waste, construction debris, garbage, unac-
ceptable residential waste, or hazardous waste.
Solid waste. Garbage, rubbish, construction
debris, and any other lawful waste material.
Unacceptable residential waste. Waste unac-
ceptable for residential pick-up shall include haz-
ardous waste; construction debris; major vehicle
parts or batteries; fencing; cross ties; medical
waste; caustic, corrosive, explosive, toxic, or flam-
mable materials; sewage or other human waste;
animal waste; or other materials designated as
unacceptable by the city manager, or designee.
(Ord. No. 2000-067, ~~ 2, 3, 12-11-00)
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 stor-
age of garbage, except when such bags are prop-
erly placed for collection on the day on which
collection is scheduled.
(c) Each container shall be equipped, con-
structed, 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 re-
placed.
(Ord. No. 2000-067, ** 2, 3, 12-11-00)
Sec. 16.24. Container lids to be securely fas.
tened.
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
1003
~ 16-24
only be removed while said containers and recep-
tacles are being filled or emptied, as the case may
be.
(Ord. No. 2000-067, ~ 2, 3, 12-11-00)
Sec. 16-25. Rules for placement of bags or
bundles for residential collec-
tion.
(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
section 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.
(b) Broken glass, jagged metal, razors, wires,
and other pointed or sharp objects shall be suffi-
ciently 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 trav-
eled City roadways (including alleys). Bags and/or
bundles shall be placed as close to the roadway as
practicable without interfering with or endanger-
ing the movement of vehicles or pedestrians.
\Vhen 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.
<Ord. No. 2000-067, ** 2, 3, 12-11-00)
Supp. No. 40
PARIS CODE
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.
<Ord. No. 2000-067, ~~ 2, 3, 12-11-00)
Sec. 16-27. Disposal of bulk items from res.
idential units; large brush pickup;
fees.
(a) Large accumulations of brush or other bulky
waste and heavy material at residential units will
be disposed of by the City on a special pickup call,
in accordance with rules and regulations estab-
lished by the City. Bulky waste shall be placed for
collection in accordance with section 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.
(b) For City pickup of large accumulations of
brush (large brush pickup), the resident shall be
charged a separate fee of ten dollars ($10.00) for
each three hundred fifty (350) cubic feet or por-
tion thereof, of accumulated brush. The addi-
tional charge will be assessed on the monthly
water bill in accordance with section 16-28(b) of
this Code. Only brush accumulated from the
individual residential lot will be eligible for the
large brush pickup service; brush from contrac-
tors, land clearing, or brush moved to the resi-
dence from another location will not be accepted.
(c) In lieu of the large brush pickup, residents
may personally deliver their residential brush to
the Public Works Yard at 600 Center Street for no
additional fee. Identifications as a resident by
showing a valid Texas driver's license or other
similar acceptable phottp identification and a
current or recent City water bill or receipt will be
required at time of drop off.
(d) All residential brush transported to the
City disposal site by the resident shall be properly
covered where necessary to prevent the brush
from escaping from the vehicle. Failure to comply
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GARBAGE AND OTHER WASTE MATERIAL
~ 16-28
with this requirement shall constitute a misde-
meanor and subject the violator to a fine as
provided in section 1-6 of this Code.
(Ord. No. 2000-067, ~* 2, 3, 12-11-00; Ord. No.
2001-072, ~ 2, 11-12-01)
Sec. 16-28. Residential collection rate.
(a) The fair and reasonable rate for the collec-
tion and removal of garbage, rubbish, and brush
(not including the separate fee for large brush
pickup set out in section 16-27 of this Code) for
each residential unit using or occupying any build-
ing, house, or structure or part thereof for resi-
dential purposes, shall be fourteen dollars ($14.00)
per month, plus tax.
(b) Billing for City residential waste collection
shall be conducted as provided in section 34-29 of
this Code. Any person who shall fail or refuse to
pay the charges specified herein before the expi-
ration 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 regulat-
ing 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 resi-
dential customers of the City that are located
outside the corporate limits of the City shall be
double the rates specified in subsection (a) above.
(Ord. No. 2000-067, ** 2, 3, 12-11-00; Ord. No.
2001-072, * 3, 11-12-01)
SlIpp. No. 40
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