13-Deliberate and possibly act on an Ordinance amending Article II, Regulation of the Collection of Solid WasteCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
03/02/10
Steve McFadden, Interim Public
Council Date:
City Council
Works Director
13.
03/08/10
RECOMMENDED MOTION:
[IH TxF ' SuPEluvtAJoxiTY RuLE [s INVOKFn] Move to approve an Ordinance amending Article II of Chapter
16, Garbage and other waste material by amending Sec. 16-25(b.) Rules for placement of bags or
bundles for residential collection to allow for collection of loose leaves, and by amending Sec. 16-27(e.)
Disposal of bulk items from residential units; large brush pick up; fees to provide for a$2.00 fee for
excess bags or boxes.
POLICY ISSUE(S):
Residential Collection Policy
BACKGROUND:
The proposed amendment in Sec. 16-25 (b.) of the ordinance follows Council earlier direction to is
allow residents to place leaves in containers without being bagged as long as they have a securely
fastened lid. The proposed amendment in Sec. 16-27 (e.) is codifies the $2.00 charge per bag or box if
the resident has bags/boxes over their limit (six bags for the first pickup of the week and 12 bags for the
second pickup).
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Proposed ordinance; Existing ordinance.
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation Z Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris p^` ^ Revised 2/04/08
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DRAFT
attorney\ordwork\current\Amend Sec 126-25 Containers for Leaves 2010
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES
OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 16-25(b), RULES
FOR PLACEMENT OF BAGS OR BUNDLES FOR RESIDENTIAL COLLECTION
AND SECTION 16-27(e), DISPOSAL OF BULK ITEMS FROM RESIDENTIAL
UNIT, LARGE BRUSH PICKUP, FEES; PROVIDING FOR LEAVES BEING
PLACED IN CONTAINERS IN LIEU OF BAGS; ESTABLISHING A FEE FOR
EACH BAG OR BOX EXCEEDING THE LIMIT; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; PROVIDI111G A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDI111G AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas requested staff to amend the
City's Sanitation Ordinance regarding regulation of the collection of solid waste to allow
citizens to place leaves in containers with securely fastened lids in addition to placing
leaves in bags; and
WHEREAS, the City Council of the City of Paris 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 ORDAIIVED 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 Sec. 16-25(b) of 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 read as follows and all remaining subsections to be renumbered accordingly:
" Sec. 16-25. Rules for placement of bags or bundles for residential collection.
* * *
(b) Leaves may be placed in containers without being bagged as long as
the container is closed with a securely fastened lid to prevent the leaves from
being blown out of the containers."
* * *
Section 3. That Sec. 16-27(e) of 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
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amended to read as follows:
"Sec. 16-27. Disposal of bulk items from residential units; large brush
pickup; fees.
* * *
(e) Bulky waste in excess of a single two (2) cubic yard item will be disposed
of by the City for a fee of twenry dollars ($20.00) for each additional cubic yard
or $2.00 per bag or box exceeding the limit and in accordance with rules and
regulations established by the City.
* * *P,
Section 4. 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 5. 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 6. 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 7. 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 8. That by a supermajority vote of ayes and nays, the
City Council voted to suspend the rule requiring two readings before adoption of this
ordinance.
Section 9. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading this 8th day of March, 2010.
Jesse James Freelen, Mayor
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ORDINANCE NO. 2007-051
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 far 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.
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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 of three (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.
Ciry. Shall mean the City of Paris, Texas.
Curbside. Curbside refers to that portion of the 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 (EPA), 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 inetal 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.
(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."
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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."
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:
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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 of ten 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 of a 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 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 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
passage of this ordinance.
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Section 9. 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 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.
ATTEST:
~ r
ice Ellis, City C1erK
APPROVED AS TO FORM:
c!✓ W. Kent Mc ar City ttorney
Is--see Jame Freelen, Mayor
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