2005-256
ORDINANCE NO. 2005- L. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING AND WHOLLY
SUBSTITUTING AND SUPERSEDING THE PROVISIONS OF CHAPTER 24 OF THE
CITY OF DENTON CODE OF ORDINANCES AS A TT ACHED HERETO, REGARDING
SOLID WASTE SERVICE; PROVIDING FOR A PENALTY NOT TO EXCEED $500
FOR EACH VIOLATION THEREOF; PROVIDING FOR A REPEALER; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has determined that it is
necessary and appropriate to wholly amend, supersede and update the provisions of Chapter
24 of the Denton Code of Ordinances, and that the adoption of this ordinance is found by the
City Council to be in the best interest of the citizens of the City of Denton, Texas; and
WHEREAS, the City Council desires to substitute the provisions of the new Chapter
24, Denton Code of Ordinances, as attached hereto, and incorporated by reference herein; and
it desires to supersede all of the provisions of the existing Chapter 24; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SFCT10N 1. That the provisions of the amended Chapter 24, Denton Code of
Ordinances, entitled "Solid Waste" which are attached hereto as Exhibit "A", shall be in all
things adopted by the City Council on this date; and the existing Chapter 24, Denton Code
of Ordinances shall be hereby superseded.
SF(~TION ? That all ordinances or parts of ordinances in force when the
provisions of this ordinance became effective which are inconsistent, or in conflict with the
terms or provisions contained in this ordinance are hereby repealed to the extent of any such
conflict.
SFCTlON 1 That any violation of a provision of Chapter 24 prosecuted by the City
of Denton, Texas shall result in a fine of not greater than $500, per each offense, if the
violator is found guilty of the misconduct.
SFCTION 4. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordinance, or the application thereof to any person or under any circumstances is
held invalid by any court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this ordinance, and the City Council of the City of Denton,
Texas, hereby declares it would have enacted such remaining portions despite any such
invalidity.
SFCTION ~ That this ordinance shall be effective fourteen (14) days after this
ordinance is approved by the City Council, and the City Secretary is hereby directed to cause
the caption of this ordinance to be published twice in the Denton Record Chronicle, the
official newspaper of the City of Denton, Texas, within ten (10) days of the date of its
1
approval by the City CounciL
PASSED AND APPROVED this the 20fll day of 11t/.-77 .nudt.A/ ,2005.
C~~.~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: Cj()AfJ/ IifjUUdM1l;/ iUd,
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
B, 1UM~
S:\Our Documents\Ordinances\05\Chapter 24 Amended Ordinance-Solid Waste-2005.doc
2
Chapter 24
SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 24-1. Purpose.
The accumulation of garbage, trash and rubbish on the premises of private residences,
businesses, public and private institutions, vacant lots, and in the streets, and alleys and
on other property within the city, constitute a public menace and nuisance and greatly
increases the danger of the spread of infectious, contagious and epidemic diseases, and
the regulations of this chapter are adopted for the purpose of preserving and protecting
the public health, safety and general welfare by requiring property owners, tenants,
occupants and lessees to secure and maintain containers and receptacles of sufficient size
and material for the deposit of garbage, trash, rubbish, and recyclable materials for
collection and removal at regular intervals and to maintain their premises free of
accumulations thereof.
(Code 1966, ~ 12-1)
Sec. 24-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Bulky items means any household item that will not fit inside a solid waste container
when the lid on the solid waste container is closed. Only items consistent with residential
use, such as household furniture and appliances shall be considered bulky items.
Commercial means any structure or building other than residential, including business
structures, hotels, motels, roominghouses or boardinghouses and structures containing
four (4) or more dwelling units.
Commercial tree trimmer means a person who or firm that engages in and solicits the
trimming, and/or cutting of trees as a regular part of the business.
Hazardous waste means any commercial or residential garbage, trash, rubbish or other
solid waste identified or listed as a hazardous waste by the administrator of the U. S.
Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal
Act 42 U.S.C. 6901 et seq., as amended.
Infectious waste means commercial or residential garbage, trash, rubbish, or other waste
containing pathogens or biologically active material which because of its type,
concentration, and quantity is capable of transmitting disease to persons exposed to the
Page 1 of 11
waste, including human and animal tissue, bandages and other material used in health
care which become contaminated by pathogenic materials.
Municipal Solid Waste (MSW) is solid waste resulting from or incidental to residential,
municipal, commercial, institutional, and recreational activities, including garbage,
rubbish, ashes, street cleanings, construction and demolition materials, dead animals, and
all other solid waste other than special wastes.
Residential means a structure, house or building occupied as a dwelling only, and which
contains no more than three (3) dwelling units.
Residential garbage consists of all normal household waste, except plant clippings,
leaves, tree trimmings, ashes, metal scraps other than cans, large accumulations of boxes,
demolition and remodeling debris and other material that cannot be broken down to fit in
regular garbage containers.
Special waste means any commercial or residential garbage, trash, rubbish, hazardous
waste, infectious waste, or other solid waste that because of its quantity, concentration,
physical or chemical characteristics or biological properties is not collectable by the city's
solid waste department.
Unusual accumulations, for residential service for each regular collection, means more
than one cubic yard of garbage, trash, and other municipal solid waste permitted under
this chapter, and yard waste that exceeds a pile three (3) feet in height, three (3) feet in
width and cut to a maximum offour-foot lengths, and heavy, bulky objects and other
accumulations unusual for the average household. Unusual accumulations for commercial
service means any accumulation of refuse outside of the container.
(Code 1966, S 12-2; Ord. No. 91-066, S I, 4-30-91; Ord. No. 98-299, S I, 9-15-98)
Cross reference-Definitions and rules of construction generally, S 1-2.
Sec. 24-3. City to provide solid waste services.
(a) The city's solid waste department shall be the exclusive provider of municipal solid
waste collection and disposal services for all premises within the city and it shall be
unlawful for any other person or entity to provide municipal solid waste collection or
disposal services to any person or entity for compensation within the city, or to make use
of the public streets for that purpose, except as provided in this chapter.
(Code 1966, S 12-4; Ord. No. 91-066, SIll, 4-30-91)
Sec. 24-4. Charges for use of city landfill.
The charges to be paid by persons for the use of the city's sanitary landfill site shall be in
an amount established and as from time-to-time amended by ordinance as adopted by the
Page20flt
city council, the ordinances and amendments thereto to be kept on file with the city
secretary and to be available for public inspection during regular business hours.
(Code 1966, ~ 12-5)
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, bulky items or any other material in, on or next to the
solid waste container of another, unless authorized to do so by the person or persons who
pay the charge for the solid waste collection service.
(b) Any waste, garbage or other solid or liquid matter, residential, industrial or
commercial, that possesses characteristics deemed by the Texas Commission of
Environmental Quality (TCEQ), or the Environmental Protection Agency, or the State
Department of Health, or any other federal, state or local agency having jurisdiction to be
unsuitable or detrimental to the environment or human health when disposed of in the
type of sanitary landfill operated by the city is hereby prohibited. Such material or matter
shall be disposed of in the manner prescribed by the agency having jurisdiction and at the
expense of the party or parties generating such material or matter. In no case shall such
material or matter be placed for collection by the city nor shall it be delivered to or
disposed of at the city's sanitary landfill.
(Code 1966, ~ 12-6; Ord. No. 98-299, ~ II, 9-15-98; Ord. No. 00-042, ~ 1,2-1-00)
State law references: Water quality standards, V.T.C.A., Water Code ~ 26.124.
Sec. 24-6. Receptacles for municipal solid waste.
(a) Every owner, manager, agent, occupant, tenant, or lessee of any building, house, or
structure within the corporate limits of the city shall provide and maintain suitable
containers or receptacles of sufficient size and number to hold the municipal solid waste
which accumulates on the premises. -
(b) It shall be unlawful to place solid waste in, on or near a solid waste container in a
manner that does not allow the lid of the solid waste container to completely close with
all the solid waste completely within the container.
It shall be a defense to prosecution under this section if the solid waste placed next to the
container is a bulky item as defined in section 24-2, and if the bulky item is placed next
to the container less than forty-eight hours before the collection. The defense does not
apply if the person placing the bulky item in, on or near the solid waste container was not
authorized to use the solid waste container.
(c) The contents of municipal solid waste 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 or other property within the city.
Page30fll
(Code 1966, ~~ 12-8, 12-9(b), (c), 12-I1(b); Ord. No. 98-299, ~ III, 9-15-98; Ord. No.
00-042, ~ 2, 2-1-00)
Sec. 24-7. Weight limitations of containers.
The total weight of any garbage bag and contents and of any trash and rubbish receptacle
and contents shall be fifty (50) pounds or less.
(Code 1966, ~ 12-10)
Sec. 24-8. Removal of unauthorized containers.
All solid waste and recycling storage containers, not meeting the requirements of the this
chapter shall be removed and disposed of by the city and the city shall not be liable for
the removal and disposal of the same.
(Code 1966, ~ 12-12)
Sec. 24-9. Prohibited materials and regulations.
(a) The Director of Solid Waste shall keep a list of special waste that is not acceptable
for collection and disposal by the Solid Waste Department. The Director of Solid Waste
may also make reasonable rules regarding the collection and disposal by the Solid Waste
Department of any municipal solid waste, or other solid waste that requires special
preparation or handling to meet the requirements of any state or federal law or regulation
or which are otherwise necessary to safely and properly collect, transport, and provide for
disposal. The list of special waste and the rules shall be written and kept on file by the
Director of Solid Waste and be available for public inspection during regular business
hours.
(b) No person shall deposit in any container serviced by the Solid Waste Department
any special waste. The Solid Waste Department may refuse to collect, transport or
dispose of special or hazardous waste or any other garbage, rubbish, trash, or other solid
waste that does not comply with this chapter or the regulations made by the Director of
Solid Waste.
(c) Each property owner shall be responsible for arranging collections with an
authorized private hauler for the collection, removal, and disposal of any special waste or
other garbage, trash, rubbish, or other solid waste which the city's Solid Waste
Department will not collect.
(Code 1966, ~ l2-14(a)--(d); Ord. No. 91-066, ~ IV, 4-30-91)
Sec. 24-10. Municipal Solid Waste to be drained.
All municipal solid waste mixed with water or other liquids shall be drained before being
placed in the receptacle.
(Code 1966, ~ 12-15)
Pagc4ofl1
Sec. 24-11. Preparation of yard waste, tree limbs and cuttings.
(a) Tree limbs, shrubs and hedge cuttings shall not exceed four (4) feet in length and
shall be stacked neatly with one (1) cut end toward the street at the curb line. No unit or
piece shall weigh more than fifty (50) pounds. Yard waste consisting of small pieces,
small cuttings and small loose material shall be placed in approved bags.
(b) The Director of Solid Waste shall provide for regular collections of yard waste
which has been prepared in accordance with this section. If unusual accumulations are
present, a reasonable charge shall be made for such service in addition to the regular
service charge.
(c) Brush, limbs, leaves and cuttings from trees and shrubs which have been trimmed
or removed by a commercial tree trimmer shall be disposed of at the expense of the
owner or person controlling the same or upon payment of the actual cost of such removal
plus an administrative and overhead charge
(Code 1966, ~~ 12-16(b), (c), 12-17(c))
Cross references - Landscaping, screening and tree preservation generally, Ch. 31.
Sec. 24-12. Heavy or unusual accumulations.
(a) Construction and demolition materials and other accumulations as a result of
construction, remodeling, repairing or destruction shall be disposed of at the expense of
the owner.
(b) Household furnishings, goods and appliances, including but not limited to stoves,
refrigerators, washing or drying machines, water heaters, sofas, chairs, tables, mattresses
and box springs, shall be disposed of at the expense of the owner or person controlling
same or, upon request and payment of a fee to recover the cost of providing these
additional services, including administrative and overhead costs.
(Code 1966, ~ 12-17(e), (t))
Sec. 24-13. Theft of Service Prohibited.
No person shall knowingly place any solid waste, bulky items, or any other material in,
on, or next to the solid waste container of another person or entity in the city of Denton,
Texas.
Secs. 24-14--24-40. Reserved.
ARTICLE II. RESIDENTIAL COLLECTION SERVICE
Sec. 24-41. Residential Solid Waste Services Required.
Page 5 of 11
(a) Any owner, occupant, tenant or lessee of any residential premises in the city shall
have their municipal solid waste regularly removed by the city.
(b) The charges for such service shall be included on a regularly scheduled bill.
(Code 1966, ~ 12-18(a), (b))
Sec. 24-42. Charges for residential service.
(a) As used in this section, the term "individual family unit" shall mean each side of a
duplex, each living unit per subdivided lot, each apartment in an apartment house, up to
and including three (3) units and any unit or living space in which a single family resides.
(b) The charge for collecting municipal solid waste from each individual family unit
shall be in an amount established and as from time-to-time amended by ordinance as
adopted by the city council; the ordinance and amendments thereto to be kept on file with
the city secretary and to be available for public inspection during regular business hours.
(c) Multiple-dwelling units having either water or electricity billed through a single
meter will be billed a single solid waste charge along with the single water or electric
charge, regardless of the occupancy of such multiple-dwelling unit.
(d) Multiple-dwelling units classified as fraternities, sororities, boardinghouses and
dormitories shall be charged as a commercial or institutional service. Any multiple-
dwelling unit which requires more than the minimum service described in this chapter is
subject to having the charges increased by the Director of Solid Waste based upon the
additional required service.
(e) Mobility or visually impaired customers may receive special collection services.
Containers may be placed in locations designated by the city. The resident receiving this
special service must be mobility or visually impaired and no member of the household is
physically able to place the containers at the curb. Such special services shall require
approval by the Director of Solid Waste or designee. The monthly rate for these special
collection services will be the same rate as is charged those customers with no
impairments.
(t) All residential dwelling units shall containerize their waste for collection.
(Code 1966, ~ 12-19)
Sec. 24-43. Residential collection service.
.
(a) All single family residents within the city shall place their residential refuse arid
recyclables at the curb as specified by the Director of Solid Waste or designee.
Page 6 of 11
(b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00
p.m. on the day prior to the scheduled collection day. To ensure collection, residential
refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection.
(c) Customers whose refuse or recyclables were not collected because; they were not
placed at the proper location, they contained unacceptable materials, or they were not
placed out for collection by the required time, shall not be collected until the next
regularly scheduled collection service.
(d) Containers, receptacles and any unaccepted waste or recyclables, shall be removed
from the curb or other designated collection point by the customer no later than 8:00 a.m.
on the day following the scheduled collection day.
(e) All refuse and recyclable containers shall securely contain all contents, and shall be
capable of being handled without spillage. Refuse and recyclables determined by the city
to not be properly contained shall not be collected.
Sec. 24-44. Residential containerized collection service.
(a) Carts shall be placed at or near the curb line, a minimum of four (4) feet from any
mailbox, vehicle, obstacle, or other container. The cart shall be placed in the street with
its wheels against the curb. The Director of Solid Waste or designee may make
reasonable exceptions to the foregoing location requirements, as needed, upon request of
the customer, to meet unique circumstances.
(b) Only authorized refuse and recycling container(s) (carts) provided by the city will
be serviced. No other containers, boxes, or bags placed at the collection site will be
collected, unless special refuse collection services have been requested.
Secs.24-45--24-65. Reserved.
ARTICLE III. COMMERCIAL COLLECTION SERVICE
Sec. 24-66. Commercial Solid Waste Services Required.
Every owner, occupant, tenant or lessee of any business, commercial, industrial, or
institutional property, or other property not entitled to receive residential solid waste
collection services shall arrange, by contract with the city, for commercial solid waste
collection and disposal services from the city's solid waste department, except as
otherwise specified in this chapter.
(Code 1966, 912-21; Ord. No. 91-066, 9 V, 4-30-91)
Sec. 24-67. Charges for commercial, industrial, or institutional service.
(a) The charge for collection and removal of municipal solid waste from premises used
for business, industrial, or institutional purposes shall be based upon the size, type and
Page 7 of 11
number of containers in use at such establishments and the frequency with which such
containers are scheduled to be serviced by city collection personnel. Such charge shall be
in an amount established and as from time to time amended by ordinance as adopted by
the city council; the ordinance and amendments thereto to be kept on file with the city
secretary and to be available for public inspection during regular business hours.
(b) The service charge for other commercial waste disposal and collection services not
otherwise provided for pursuant to this section may be provided upon approval of the
Director of Solid Waste at a cost not to exceed the actual cost plus administrative and
overhead costs.
(Code 1966, S 12-20; Ord. No. 89-032, S I, 2-21-89)
Sec. 24-68. Containers furnished by city for commercial and industrial facilities.
(a) The Director of Solid Waste may locate and place containers for use by
commercial, industrial, and institutional facilities in accordance with the waste storage
needs ofthe individual facility. All facilities for which containers are so provided by the
city shall place all refuse and waste materials in such containers and shall not place waste
in any containers except those designated by the director of solid waste. It shall be
unlawful for any person using such containers to leave the lid open after placing refuse
material therein.
(b) Where more than one (I) commercial establishment uses the same container, the
charges shall be prorated according to use, but in no case shall be less than an amount
established by the city council and on file in the office of the city secretary.
(Code 1966, S 12-22; Ord. No. 91-066, S VI, 4-30-91)
Sec. 24-69. Annual permit required for special waste and recyclables haulers.
(a) No person shall collect or remove for compensation from any property within the
city any special waste or recyclables without first obtaining a special waste hauler's
permit from the city.
(b) The person applying for a special waste hauler's permit shall make application to
the city on forms provided for that purpose, and pay the required fee. The application
shall require the following information:
(I) The name and business address of the applicant.
(2) The name of the owner of the property and the address where the special waste and
recyclables will be collected.
(3) A description of the special waste and recyclables to be collected.
Page 8 of II
(4) The location where the special waste and recyclables will be disposed, including
proof, when required by the Director of Solid Waste, that the applicant is legally
authorized to dispose at the specified location.
(5) A description and the license number ofthe motor vehicles to be used in collecting
and transporting the special waste and recyclables within the city.
(6) Any other information which is reasonably necessary to administer this section.
(c) The Director of Solid Waste shall issue the special waste and recyclables hauler's
permit to the applicant if:
(I) Proper application has been made and the fee paid.
(2) The applicant will only be collecting special waste or recyclables as defined in this
chapter.
(3) The applicant is authorized to use the specified disposal site and the manner and
place of disposal does not appear to violate any state or federal law or regulation or city
ordinance.
(d) The special waste and recyclables hauler's permit shall be valid for one year.
(Code 1966, S 12-23; Ord. No. 90-003, S 1,1-2-90; Ord. No. 91-066, S VII, 4-30-91)
ARTICLE IV. RECYCLING AND PROCESSING SERVICES.
Sec. 24-90. Recyclable Materials.
(a) Nothing in this chapter shall prohibit a person from collecting, gathering, or
transporting recyclable materials collected from property within the city.
(b) Any person who transports recyclable materials collected from any property inside
the city to a point outside the city, more than three times per year shall register with the
city on forms provided for that purpose.
(c) As used in this section, "recyclable materials" means glass, tin, aluminum, paper,
newspaper or other discarded materials, which are not special waste and have been
separated from other municipal solid waste at the point of collection for delivery to
another location for processing for reuse.
(Ord. No. 91-066, S VIII, 4-30-91)
Editor's note: Ord. No. 91-066, S VIII, adopted April 30, 1991, amended former S 24-70,
relative to license terms, in its entirety to read as herein set out. The provisions of former
S 24-70 derived from Code 1966 S 12-24 and Ord. No. 90-003, S II, adopted Jan. 2,1990.
Page9ofl1
Sec. 24-91. Disposing ofrecyclable materials.
It shall be unlawful for a person to place any non-recyclable solid waste in any recycling
receptacle or to leave any non-recyclable solid waste on a recycling site in the city of
Denton, Texas.
(Ord. No. 98-299, S IV, 9-15-98)
ARTICLE V. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET
DISTRICT
Sec. 24-100. Definitions.
Fry Street District: Refers to the area as described in Zoning Ordinance No. 2000-045 as
the Fry Street district. The Fry Street district is generally bounded by Welch Street to the
east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry
Street to the southeast, and Hickory Street to the southwest, which is depicted in Exhibit
A attached hereto and made a part hereof by reference.
Glass container: Means any glass bottle or receptacle, closed or capable of being closed.
Ord. No. 00-045, S 1, 2-1-00)
Sec. 24-101. Prohibition of open glass containers.
(a) Prohibitions. No person shall possess within the Fry Street district upon or
immediately adjacent to any right-of-way, street, sidewalk, pedestrian way, or parking
area, any glass container which is open or has been previously opened except for use on
the premises where the glass containers are acquired.
(b) Exemptions. Notwithstanding any other provision of this section, nothing in this
section shall prohibit the possession ofthe following glass containers in the Fry Street
District:
(I) Baby bottles containing products for consumption by babies;
(2) Glass drug containers containing prescription drugs;
(3) Glass containers that are being transported in a trash bag directly to a trash or
recycling container for disposal or recycling purposes;
(4) Glass lined vacuum picnic containers or thermos bottles, and
(5) Any container as permitted by Texas Alcoholic Beverage Code Ann. 28.10(b).
(Ord. No. 00-045, S 1,2-1-00)
Sec. 24-102. Discretion of police officer.
Page 10 of II
Whenever any police officer shall, in the exercise ofreasonable judgement, decide that
the presence of any person in any public place is causing or is likely to cause any of the
conditions enumerated in subsection 24-IOI(a), he may, ifhe deems it necessary for the
preservation of public peace and safety, order that person to leave that place and
surrender the open glass container. Any person who shall refuse to leave or surrender an
open glass container after being ordered to do so by a police officer shall be in violation
of this section.
(Ord. No. 00-045, ~ I, 2-1-00)
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