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08-D Amending Sanitation Ordinance ~Action CITY OF PARtS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: 111-12-2007 D Discussion Dlnformation DRefer to: SUBMITTED BY: . Shawn Napier, P.E. City Engineer I Director of Public Works DESCRIPTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 16-22 THROUGH SECTION 16-27 OF THE CODE OF ORDINANCES AND REVSING THE RESIDENTIAL SANITATION COLLECTION POLICY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. BACKGROUND INFORMATION: A copy of the proposed revisions to the ordinance and collection policy is enclosed. These changes have been approved by the Code Enforcement Task Force. Most of the items are general cleanup of the ordinance and policy. This addresses taking brush and trash to the compost site and Waste Management landfill respectively. One of the changes involves a double charge for not calling to the Public Works Office to schedule a brush pickup. The fee will be double if you do not call Public Works, the current fee is $10.00 per 350 cubic feet of brush. FISCAL AUTHORITY: BUDGETED: N/A GRANT: BOND I C 0 Other: Account #: Account #: Account #: LEGAL REVIEW: I~ MANAGER'S RECOMMENDA liON: DRAFT f:attorneylresworklcurrentlSanitation Ord Amend FINAL 2007 November 2, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 16-22 DEFINITIONS, SECTION 16-23 (a), (b) and (e) STORAGE CONTAINERS, SECTION 16-25 (a), (c), (d) and (e) RULES FOR PLACEMENT OF BAGS OR BUNDLES FOR RESIDENTIAL COLLECTION, AND SECTION 16-27 DISPOSAL OF BULK ITEMS FROM RESIDENTIAL UNITS, ARTICLE II OF CHAPTER 16, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; 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, the City Council of the City of Paris, Texas created a Code Enforcement Task Force made up of three City Council members and interested citizens from the City of Paris to review and study various issues affecting the cleanliness and appearance of the City of Paris; and WHEREAS, on September 9, 2007 and September 25,2007, the Task Force reviewed and discussed the City's regulations and policies for the placement, collection, and disposal of residential solid waste in the City of Paris and has recommended that the following amendments be made to Chapter 16 of the Code of Ordinances of the City of Paris, and, WHEREAS, the City Council having reviewed the recommendations of the Task Force for amending Chapter 16 of the Code of Ordinances hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted. 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 Section 16-22 of Article II of Chapter 16 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended in part to read as follows: "Sec.16-22. Definitions. For the purposes of this article, the following terms shall have the meanings herein described: Bags. Plastic sacks designed to store trash, refuse or rubbish and having sufficient wall strength to maintain physical integrity when lifted by the top. Bags shall be sealable, having no punctures, tears, or undesigned openings. Bulky waste. Stoves, refrigerators or freezers (which have CFC' s removed by a certified technician), water tanks, washing machines, other appliances, furniture, carpet, rugs, brush or tree trimmings, bundled or unbundled in excess ofthree (3) cubic feet in volume 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. City. Shall mean the City of Paris, Texas. Curbside. Curbside refers to that portion ofthe public right-of-way or private property adjacent to the paved or traveled City roadway (including alleys). Any item(s) placed at curbside is assumed to be placed for collection, a fee may be charged for items removed in accordance with the ordinance. Unacceptable residential waste. Waste unacceptable for residential pick-up shall include, but not be limited to: hazardous waste, construction debris, major vehicle parts or batteries, fencing, cross ties, landscape timbers, medical waste, caustic, corrosive, explosive, toxic, or flammable materials; sewage or other human waste; animal waste; or other materials designated as unacceptable by the U.S. Environmental Protection Agency (EP A), Texas Commission on Environmental Quality (TCEQ), city manager, or designee. " Section 3. That Sections 16-23 (a), (b) and (e) of Article II of Chapter 16 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended in part to read as follows: "Sec. 16-23. Storage containers. (a) Portable storage containers may be used by the owner, tenant, lessee, or occupant of any building, house, or structure for holding trash bags pending collection by the City. (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 and not more than sixty (60) gallons. The use of plastic trash bags for the storage of garbage or refuse is acceptable when such bags are properly placed out for collection on the day on which collection is scheduled. T----..,..... -~..-. (e) All storage containers shall be removed from the curbside following collection by 11 :00 p.m. on the day of collection. No permanent structures for holding storage containers or trash bags shall be constructed or placed at or near the curbside." Section 4. That Section 16-24 of Article II of Chapter 16 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended in part to read as follows: "Sec. 16-24. Container lids to be securely fastened. Lids or covers shall be maintained for all storage containers used to collect and hold solid waste. These lids and/or covers shall at all times be kept secured and fastened to the storage container so that rodents, flies and other insects may not have access to the contents thereof. The lids and covers shall only be removed while said containers and receptacles are being filled or emptied, as the case may be. Section 5. That Section 16-25 (a), (c), (d) and (e) of Article II of Chapter 16 the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows: " Sec. 16-25. Rules for placement of bags or bundles for residential collection. (a) All residential garbage and rubbish placed for collection by City should be contained in bags only. 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. (c) Each bag, bundle or container shall be placed at curbside for collection. Curbside refers to that portion of right-of-way or private property adjacent to paved or traveled portion of the City roadway (including alleys). Bags, bundles and containers 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, bundles and containers shall be placed as close as practicable to curbside but at an access point for the City's collection vehicle. (d) Not more than a total of six (6) trash bags or bundles of brush will be collected per residential unit by the City sanitation department on each day of collection, with the exception that on the second collection day of the week an additional six (6) bags or bundles of brush may be set out in lieu of a bulky item. The weight limit for bags or brush bundles should not exceed fifty (50) pounds per bag or bundle. (e) Storage containers and trash bags containing residential solid waste shall be placed at curbside for collection no earlier than dusk the day before or later than 7:30 a.m. of the day on which collection is scheduled. Storage containers shall be removed from curbside following collection by 11 :00 p.m. the day of collection." r r-'-"-",,-- - _.- Section 6. That Section 16-27 of Article II of Chapter 16 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to 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 and large accumulations of brush shall be placed at curbside in such a manner as to not block public streets, alleys, drainage ditches or sidewalks and shall not be placed out for collection until one (1) day prior to collection. (b) For City pickup of large accumulations of brush (large brush pickup), the resident shall call the Public Works office to be placed on the brush pickup list. The resident shall be charged a separate fee often dollars ($10.00) for each three hundred fifty (350) cubic feet, or portion thereof, of accumulated brush. The additional charge will be assessed on the monthly water bill in accordance with section 16-28(b) of this Chapter. Residents who place piles of brush at curbside for pickup, but fail to contact the Public Works office to schedule the pickup shall be charged two times (2X) the normal rate. Brush accumulated from the individual residential lot will be eligible for the large brush pickup service. Brush from contractors, land clearing, or brush moved to the residence from another location will not be accepted. (c) In lieu of the large brush pickup, residents may personally deliver up to two (2) loads of residential brush, containing no more than 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 Texas driver's license or other similar acceptable photo identification and a current City water bill or receipt at the time of drop off. (d) All residential brush transported to the City composting site or City landfill 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 1-6 of this Code. (e) Bulky waste in excess ofa single two cubic yard item will be disposed of by the City for a fee of twenty dollars ($20.00) for each additional cubic yard and in accordance with rules and regulations established by the City." Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions ofthis 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 8. 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 -r'''H''~. ......- passage of this ordinance. Section 9. That it is the intention ofthe 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 ofthis ordinance shall not affect the validity of any other portion of this ordinance. Section 10. 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 11. That this ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND ADOPTED this 12th day of November, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney T "r -w",.