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1966-043 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING NEW RATES FOR RESIDENTIAL AND COMMERCIAL GARBAGE, TRASH AND RUBBISH COLLECTION~ REGULATING THE PICK-UP OF CERTAIN ACCUMULATIONS, PROVIDING ADDITIONAL GENERAL REGULATIONS, DEFINING CERTAIN TERMS, PROVIDING A PERMIT FEE FOR COMMERCIAL HAULERS, ESTABLISHING A CHARGE FOR USING THE CITY SANI- TARY LAND FILL, PROVIDING A PENALTY FOR ANY VIO- LATION, REPEALING CONFLICTING ORDINANCES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That Chapter 12 of the Code of Ordinances of the City of Denton, Texas, as amended, be, and the same is hereby amended and supplanted by substituting new sections 12-6 through 12-19 1 to said Code which shall hereafter read as follows SECTION 12-6 CHARGES FOR RESIDENTIAL SERVICE (a) As used in this section, the term individual family unit shall mean each side of a duplex, each of two or more living units per sub-divided lot, each apartment in an apartment house or any unit or living space in which a single family re- sides (b) The charge for collecting garbage, trash and rubbish from each individual family unit two (2) times each week shall be Two Dollars ($2.00) per month if a single unit, One Dollar and Seventy-Five Cents ($1.75) per unit if there are from two (2) to ten {10) units on the sub-divided lot with one central pick-up point, One Dollar and Fifty Cents ($1 50) per unit if there are more than ten (10) units per sub-divided lot if there is one central pick-up point, and Two Dollars and Fifty Cents ($2 50) for a rooming house, boarding house, fraternity, sorority, or similar type structure if there is a central p~ck-up point for such structure All such fees are sub3ect to being increased by the Sanitation Division if more than the minimum service is requlred (c) Multiple dwelling units having either water or electricity billed through a single meter will be billed as a single charge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit Multiple dwelling units classified as dormitories shall be charged as a commercial or Institutional service. Any multiple family unit which requires more than the minimum service described here- in is subject to having the charges increased by the City Sani- tation Division based upon the add~tlonal required service SECTION 12-7 SAME-CHARGE FOR COMMERCIAL OR INSTITUTIONAL SERVICE (a) The charge for the collection and removal of garbage, -1- trash and rubbash from premases used for busaness, commercaal or anstatutaonal purposes shall be from a manamum of Three Dollars ($3 00) per month to a maxamum whach shall not exceed the actual expense of the loadang and haulang, plus ten per cent (10%) (b) The servace charge shall be determaned by the Caty Sanatataon Davasaon and based upon the number of collectaons each week, the amount of garbage, trash and rubbish collected, and the manner an whach at as collected. SECTION 12-8 OWNER TO ARRANGE FOR COLLECTION AND REMOVAL (a) Every owner, Occupant, tenant or lessee of a house or bualdlng used for resadentaal, busaness, commercial or anstltut- aonal purposes shall arrange for the removal of garbage, trash and rubbash from the premases not less than two (2) tames each week for resadentaal uses The manamum weekly removal for commercial uses shall be determaned by the Caty Sanatatlon Davasaon based upon each partacular commerczal use znvolved (b) It shall be the duty of the owner, occupant, tenant or lessee of any premases to report the fazlure~D collect prop- erly prepared garbage, trash or rubbash for a consecutive per- zod of fave (5) days to the Caty Manager where the Caty Sanatataon Dava~aon or the holder of a permat under thas artacle as respon- sable for the collectaon, and af the owner, occupant, tenant or lessee elects to regularly remove garbage, trash or rubbash from has premases, at shall be unlawful for such owner, occupant, tenant or lessee to remove such accumulations less often than requared an thas sectaon SECTION 12-9 PERMIT REQUIRED FOR PRIVATE HAULERS OF GARBAGE, TRASH OR RUBBISH (a) Any person deszrang to engage an the busaness of collectang, removing or dlsposang of garbage, trash or rubbash an the Caty, shall farst make applacatlon to the Caty Secretary for a permat (b) Each applacataon shall state the name and address of the applacant, the trade name under which the applacant does or proposes to do business, the number of vehacles the applacant desares to operate, the class, saze and desagn of each vehacle, whether the applacant has been convicted of any federal, state, or munacapal law, whether or not the applacant, or any person, farm or corporataon wath whom he has been assocaated or employed, has a claam agaanst him for damages resultang from the neglagent operataon of a vehacle, the fanancaal abalaty and responsabalaty of the applacant, the ablllty of the applicant to respond an damages an the event of an]ury to persons or property by reason of the neglagent operataon of a vehacle or vehacles upon the public streets and thoroughfares of the Caty, the nature and character of the servace the applacant proposes to render and the applacant's experaence an renderang such servace, and such other anformataon as the Caty Secretary may requare (c) The City Health Offacer shall make such anvestagataon of each applacant as he may deem necessary to determane whether or not the publzc convenaence and necessity requires the grant- lng of the permat (d) If the City Secretary determines that the applicant is a proper and fit person to conduct such business and that the public convenience and necessity requires the service, he may ~ssue a permit which shall be nontransferable and may be rescinded upon violation of any ordinance of the C~ty, or any statute (e) Ail permits shall be attached to the vehicle or ve- hicles used for the servlce or shall be ~n th~possesslon of the person actually rendering the service, and shall be sub- ]ect to ~nspectlon at all t~mes (f) There shall be an annual permit fee of Ten Dollars ($10 00) payable in advance for the calendar year during whlch it ~s to be in force. This fee shall not be pro-rated for partial years. SECTION 12-10. GARBAGE CANS AND RECEPTACLES FOR TRASH AND RUBBISH-REQUIRED Every owner, occupant, tenant or lessee using or occupying any ~u~ldlng, house or structure wlth~n the corporate l~m~ts of the Clty of Denton, Texas, for residential, church, school, college, lodge, commercial, bus~ness or other purpose shall pro- v~de and ma~ntaln garbage cans and receptacles of sufficient slze and nurmber to hold the garbage, trash,and rubbish which normally accumulates on the premises SECTION 12-11. SAME-SIZE AND CONSTRUCTION Garbage cans shall have a capacity of not less than ten (10) nor more than thirty %~o (32) gallons, shall be constructed of substantial material safe from water, rodents, and vermin, and shall be equipped w~th a t~ght fitting l~d or cover and wlth handles sufflc~ently strong for workmen to empty conveniently SECTION 12-12 SAME-WEIGHT LIMITATIONS. The~total weight of any garbage can and contents of any trash and rubbish receptacle and contents shall be f~fty (50) pounds or less SECTION 12-13 SAME-LIDS OR COVERS REQUIRED (a) The llds or covers of garbage cans shall at all tlmes be secured and fastened so ~at flies and other~nsects may not have access to the contents thereof and sald l~ds or covers shall only be removed while the sa~d garbage cans are being filled or emptied (b) The contents of trash or rubbish receptacles shall be protected so that neither the wlnd nor animals can scatter same over the premlses or over the streets or alleys of the City SECTION 12-14 GARBAGE CANS, TRASH AND RUBBISH RECEPTACLES TO BE MAINTAINED IN Si~ITARY CONDITION. (a) It shall be the duty of every person placing a can or receptacle from which garbage, trash or rubbish ~s to be collected to keep the same ~n a clean and sanitary condition by thoroughly cleaning and a~r~ng each such can or receptacle once every two (2) weeks --3-- (b) The Caty Health Offacer shall cause regular anspeetaons to be made to ansure complaance wath the terms of thas sectaon, and af any ansanatary can or receptacle as found, a notace shall be placed upon such can or receptacle anformang the owner to clean the same wathan fare (5) days, faalure to comply wath such not~ce s~all oonstatute a vaolat~on of th~s chapter SECTION 12-15. LOCATION OF CANS AND RECEPTACLES. The requared garbage cans and receptacles for trash and rubbash shall be placed on the premases an accordance wath the anstructaons of the Sanatat~on Dlv~saon of the City, or an the absence of such anstructaons, at the most accessible point for collectaon and removal. SECTION 12-16. UNAUTHORIZED HANDLING OR GARBAGE, TRASH OR RUBBISH PROHIBITED (a) It shall be unlawful for any person other than the owner, employees of the caty, or person operatang under a permit · ssued in accordance w~th th~s article to empty garbage cans or trash and rubblsh receptacles or to transport garbage, trash or rubbash on the publac streets, alleys or publac thoroughfares of the c~ty, and at shall be unlawful for any person to trans- port or ouase the transportataon of garbage, trash or rubbash on the publac streets, alleys or publac thoroughfares of the caty, ~n any uncovered or unenclosed receptacle or vehicle (b) It shall be unlawful for any person other than the owner, employees of the caty or persons operatang under a per- mat mssued an accordance wath th~s article to disturb or tamper wath the contents of any garbage can or trash or rubbish recep- tacle · n the caty. (c) All junk and other material on the garbage, trash and rubbash d~sposal area belongang to the caty, ls the property of the city, and at shall be unlawful for any person to separate, collect, remove or daspose of any junk from the caty garbage, trash and rubblsh area, except under the written authority of the C~ty Manager (d) It shall be unlawful for any person to enter the C~ty garbage, trash and rubbash d~sposal grounds, except caty offac~als and employees of the Caty San~tatlon D~vlsaon and persons operat- ang under a permat granted under the provisions of thas artacle or person delivering thear own garbage, trash or rubbash upon presentataon of a dasposal t~cket (e) All burnang of garbage, trash and rubbash on the clty's garbage, trash and rubblsh dasposal grounds as prohabated and ~t shall be unlawful for any person to burn garbage, trash or rubbish on any port~on of such grounds SECTION 12-17 GARBAGE, TRASH AND RUBBISH TO BE DRAINED (a) All garbage and all trash and rubbish m~xed w~th water or other laquads shall be drained before being placed ~n the can or receptacle (b) All garbage whach has been drained shall be well wrapped ~n paper or other eombustlble mater~al before being placed an the can. SECTION 12-18. PREPARATION OF TRASH, RUBBISH, TREE LIMBS, ETC , POR COLLECTION (a) In the event trash and rubbish is of such nature that it cannot be placed ~n the receptacle it shall be prepared an un~ts or pieces under f~fty (50) pounds ~n weight and placed at a point designated by the Sanitation D~vls~on (b) Tree l~mbs, shrubs and hedge cuttings shall not ex- ceed four (4) feet in length and shall be prepared in units or p~eces under fifty (50) pounds ~n weight and placed at a point designated by the Sanitation D~vls~on (c) The Sanitation Division shall make special collectlons of trash and rubbish which has been prepared in accordance w~th this section upon receiving notice from the person preparing the same and ~f morethan normal work is necessary ~n making a special collection, a reasonable charge shall be made for such serv~e in addlt~on to the regular monthly service charge SECTION 12-19. HEAVY OR UNUSUAL ACCUMULATIONS NOT INCLUDED IN REGULAR SERVICE (a~ Heavy accumulatlons of garbage, trash or rubbish from such places as packing houses, poultry killing and dressing plants, wholesale fruit and vegetable houses and other places where the da~ly accumulation is more than ordinary quantities, are not ~ncluded ~n the service furnished by the Sanitation Division and such establishments shall remove heavy da~ly accumulations of garbage, trash or rubbish to the city dump ground at their own expense. (b) Heavy accumulations such as br~cka broken concrete, rocks, stones, ashes, lumber, cl~nkers, cinders, dirt, plaster, sand, gravel, automobile frames, dead trees and other bulky, heavy material shall be d~sposed of at the expense of the owner or person controlling same, or upon payment of the actual cost of such removal to the C~ty Sanitation D~v~slon. (c) Manure from cow lots, horse stables, poultry yards, fowl coops, plgeon lofts, and similar matter, and waste o~ls from garages and f~ll~ng stations, shall be disposed of by the owner or person controlling same under the d~rect~on of the City Health Officer (d) Brush, limbs, leaves and cuttings from trees and shrubs which have been tr~mmed or removed by a commercial trimmer shall be d~sposed of at the expense of the owner or person controlling the same, or upon payment of the actual cost of such removal to the C~ty Sanitation D~vls~on (e) Constructlon material and other accumulations as a result of construction, remodl~ng, repairing, or destruction shall be d~sposed of at the expense of the owner or person con~roll~ng the same, or upon payment of the actual cost of removal to the C~ty Sanitation Division. SECTION 12-19 1. ~HARGES FOR USE OF THE CITY SANITARY LAND FILL The following charges shall be made for the use of dump- · ng Individual loads in the clty garbage, trash and rubbish d~sposal grounds, known as the City Sanitary Land Fill -5- (a) There shall be no charge for automobales or station wagons disposing of garbage, trash or rubbish at the city dump grounds. (b) One-half ton pick-ups, and two wheel trailers shall be charged fifty cents ($.50) for each load disposed of, (c) Pick-up trucks with s~de boards, and all other vehicles wath a carrying capacity of less than one and one-half tons or five (5) cublc yards, which ever is the smaller, shall be charged One Dollar ($1.00) for each load disposed of, (d) Ail larger vehicles shall be charged Two Dollars ($200) for each load dlsposed of, excepting those vehlcles described below, (e) Commercial, l~censed haulers and lnstatutlonally owned packer-type trucks shall be charged Five Dollars ($5.00) for each load disposed of. Monthly rates for regular use of the city's Sanitary Land Fill may be contracted for w~th the Caty under special circumst- ances, in which ease the per load rate will not apply Individual d~sposal t~ckets, or d~sposal books, may be obtained from the City of Denton Central Cashier located ~n the Municipal Building, or at the City Police Department after closing hours and on week- ends Customers of the City Sanitation service may obtaan dis- posal t~ckets for dumping loads carried ~n a one-half (%) ton or smaller truck containing garbage, trash or rubbish collected from the premises for which the service is subscrabed by pre- sent~ng a current receipt for utllaty payments which shows pay- ment for sanitation service Thas receipt should be presented to the Central Cashier or Police Department, and is in lieu of any other charge Th~s provision shall not apply to commercaal haulers or to any person engaging in the business of collecting, removing or d~sposlng of garbage, trash or rubbash an the Caty SECTION II. That if any section, sub-section, sentence, clause or phrase of this ordlnance is for any reason held to be unconst- itutional such holding shall not affect the validity of the re- manning portions of this ordinance, and all of the remainder of this ordinance not so hold unconstatutlonal shall contanue to be ~n full force and effect SECTION I. II? That this ordanance shall be and is hereby declared to be cumulative of all provisions of the Code of the City of Denton, and amendments thereto, except in those instances where the provisions of this ordinance are in direct conflict wlth such Code, in which instances said conflicting provas~ons of such Code are hereby repealed. SECTION IV That the violation of any provlslon of this ordinance shall be punashed by fine of any amount not exceedang Two Hundred Dollars (~200.00) and each vlolataon thereof shall be and as -6- hereby declared to be a d~st~nct and separate offense and punish- able as such, each day of any such v~olatmon constituting a separate offense SECTION V That thms ordmnance shall become effectmve fourteen (14) days from the date of its passage, and the City Secretary ms hereby directed to cause the captmon of this ordinance to be published twice mn the Denton Record Chronicle wmthmn ten days of the date of ~ts passage. PASSED AND APPROVED this /~ day of December, A. D 1966 Warren Wh~tson, Jr., Mayor City of Denton, Texas ATTE ST Brook~ Holt, C~ty Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM -7-