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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 1002 . . . e e .~ 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 1004 e e te . e e 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 1004.1 r