1998-299 ORDINANCE NO C/f-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 24 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE,
AMENDING SECTION 24-2 TO PROVIDE A DEFINITION FOR "BULKY ITEMS",
AMENDING SECTION 24-5 TO PROHIBIT THE USE OF ANOTHER'S SOLID WASTE
CONTAINER WITHOUT CONSENT, AMENDING SECTION 24-6 TO PROVIDE
STANDARDS FOR THE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE
CONTAINER , PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A
SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 PER
VIOLATION, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR
PUBLICATION
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That Section 24-2 of the Code of Ordinances entitled "Definitions" shall be
amended to add a definition for "bulky items" which shall read as follows
Bully tterns means any household item that will not fit inside a solid waste container
when the lid on the solid waste contluner is closed Only items consistent with residential use,
such as household furniture and appliances shall be considered bully ~terns
~ That Section 24-5(a) of the Code of Ordinances shall be amended to read
as follows
Sec. 24-5. Disposal of garbage, trash or rubbish only in authorized locations.
(a) It shall be unlawful for any person to dispose of garbage, trash or rubbish in any
place in the city, other than as provided in this chapter or authorized by the city No person shall
place any solid waste in the solid waste container of another, unless authorized to do so by the
person or persons who pay the charge for solid waste collection serwce
~ That Section 24-6 of the Code of Ordinances shall be amended to read as
follows
See 24-6. Receptacle for trash and rubbish.
(a) Every owner, occupant, tenant or lessee using or occupying any building,
house or structure within the corporate limits of the city for residential or
commercial purposes shall provide and maintain suitable containers or
receptacles of sufficient size and number to hold the garbage, trash and
rubbish which accumulates on the premises
(b) It shall be unlawful to place solid waste m, on, or near a solid waste container
in a manner that does not allow the lid of the solid waste contmner to
completely close with all the solid waste completely w~thm the container It
shall be a defense to prosecution under this section if the solid waste placed
next to the container was a bulky item as defined in Section 24-2, and if the
bulky item was placed next to the contmner less than forty-eight hours before
the time designated for pick-up of bulky items
(c) It shall be unlawful for any person who pays the charge for solid waste
container service to allow bulky items to accumulate around the person's solid
waste contmner for more than forty-eight hours
(d) The first time subsection (a), (b), or (c) is violated by an individual or a
business, the city may send out a written warning notifying the person who
pays the solid waste charge that if the violations are repeated then the level of
service may be automatically increased at the cost of such person If the
individual or business violates subsection (a), (b) or (c) a second time within
six months of the first violation, the city may send out certified mail notifying
the person who pays the solid waste charge that if a violation occurs a third
time, then the level of service will be automatically increased If the
individual or business violates subsection (a), (b) or (c) a third time within six
months of the first violation and tf two warnings were sent to the person who
pays the solid waste charge, the level of service may be automatically
increased The written warnings and increased level of service are remedies
in addalon to any criminal prosecutions which may be brought under this
ordinance
(e) Except as otherwise provided in this chapter, plastic bags designed for
garbage, trash and rubbish disposal that meet standard city specifications and
having a capacity of not more than forty (40) gallons shall be used and placed
on the curb or alley and suitably protected from ammals and vermin All bags
shall be securely tied or otherwise have all openings securely closed Paper
bags designed for garbage disposal and possessing characteristics approved by
the Director of Solid Waste as being equal to the plastic bags described in this
subsection or otherwise specified by the city may be permitted when placed
on the curbhne or alley and properly protected Other contmners or
receptacles may be used where otherwise permitted under this chapter
(f) The city shall furnish one hundred four (104) bags each year per individual
family unit and may make available for sale additional bags to citizens of the
city at locations designated by the city
(g) The contents of trash or rubbish receptacles shall be secured so that neither the
wind nor animals can scatter trash or rubbish over the premises or over the
streets or alleys of the city
TI.~_G_![O__~_~ That Sectton 24-71 of the Code of Ordtnances shall be added and shall
read as follows
Sec. 24-71. Disposing of recyclable materials.
It shall be unlawful for a person to place any non-recyclable sohd waste m any recyehng
receptacle or to leave any non-recyclable sohd waste on a recychng s~te
SECTION V. An individual adjudged guilty of the promslon ofthts sectton shall be gudty of
a mtsdemeanor and pumshed by a fine not to exceed F~ve Hundred Dollars ($500 00)
~ That thts ordtnance shall be cumulattve of all other ordinances of the C~ty of
Denton shall not repeal any of the provts~ons of satd ordinances except tn those instances where
prov~stons of those ordmances are in dtrect conflmt w~th the prows~ons of this ordtnance
SECTION VII That tf m any sectton, subsectton, paragraph, sentence, clause, phrase or
word tn thts ordinance, or apphcatton thereof to any person or ctrcumstance is held tnvaltd by any
court of competent junsdtctton, such holding shall not affect the vahdtty of the rematmng porttons
of tins ordinance, and the Ctty Council of the C~ty of Denton, Texas hereby declares it would have
enacted such remammg porttons despxte any such ~nvahd~ty
SECTION VIII, That fins ordinance shall become effecUve fourteen 04) days from the date
or,ts passage, and the C~ty Secretary ts hereby directed to cause the captton ofth~s ordmance to be
pubhshed trace tn the Denton Record-Chromcle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date oftts passage.,
PASSED AND APPROVED thts the/,.~ day~ of~ 1998
,AC
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
BY ~ ~ ~doc
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