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2000-042F \SHARED~DEPTXLGL\Our Doeuments\Orflmances\00~Bulky Items 0rdmance doc NOTE Amended by Ordinance No 2000-297. O INANCE NO 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 24-5 TO CLARIFY THE LANGUAGE REGARDING UNAUTttORIZED USE OF ANOTHER'S SOLID WASTE CONTAINER, AMENDING SECTION 24-6(a) TO ADD MANAGER OR AGENT AS PERSONS WHO ARE HELD RESPONSIBLE FOR COMPLYING WITH SECTION 24-6(a), AMENDING SECTION 24- 6(b) TO PROVIDE THAT THE DEFENSE TO PLACING BULKY ITEMS NEXT TO A SOLID WASTE CONTAINER ONLY APPLIES TO PERSONS AUTHORIZED TO USE THAT SOLID WASTE CONTAINER, ADDING A NEW SECTION 24-13 TO ESTABLISH FEES FOR CLEANING THE AREA SURROUNDING SOLID WASTE CONTAINERS, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500 00), PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1. That Section 24-5(a) of the Code of Ordinances shall be amended to read as follows See 24-5. Disposal of garbage, trash or rubbish only m authorized locations (a) It shall be unlawful for any person to dispose of garbage, trash or rubbish m any place m 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 contmner of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service SECTION 2. That Section 24-6(a) and (b) of the Code of Ordinances shall be amended to read as follows See. 24-6 Receptacle for trash and rubbish. (a) Every owner, manager, agent, occupant, tenant, or lessee of any btuldlng, house, or structure within the corporate limits of the city shall provide and mmntmn 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 in, 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 sohd waste completely within the contmner It shall be a defense to prosecution under this section if the solid waste placed next to the contmner is a bulky item as defined in Section 24-2, and if the bulky item is placed next to the contmner less than forty-eight hours before the first Thursday of each month The defense does not apply If the person placing the bulky ~tem in, on or near the solid waste container was not authorized to use the sohd waste contmner ~ That Section 24-13 of the Code of Ordinances entitled "Fees for Cleamng Area Surrounchng Sohd Waste Contmner" shall be added and shall read as follows Sec. 24-13. Fees for Cleaning Area Surrounding Solid Waste Containers. (a) If bulky ztems are left next to, m, on, or near a solid waste eontamer m violation of Section 24-6(b) or 24-6(c), then a forty -five dollar fee for the removal of the first bulky item shall be charged to the person who pays the fee for the solid waste ¢onttuner For each addmonal bulky item removed, a ten dollar fee per ztem shall be assessed unless the bulky ztem zs an apphance containing chlorinated fluorocarbons (hereinafter referred to as cfc's) or polyehlormated biphenals (hereinafter referred to as pcb's) If the bulky item is an appliance contammg cfc's or pcb's, thc fee shall be twenty dollars per appliance (b) If solid waste, other than bulky items, ~s left m, on, or near a sohd waste eontmner m violation of 24-6(a) or 24-6(b), then a sixty-five dollar fee shall be charged to the person who pays the fee for the sohd waste container for the removal of up to one cubic yard of solid waste An additional fee of thirty dollars for every additional cubic yard of sohd waste up to e~ght cubic yards shall be assessed unless the solid waste exceeds eight cubm yards (c) If more than eight eubm yards of sohd waste are lek m, on, or near a solid waste container m molatzon of Section 24-6(a) or 24-6(b) the solid waste department shall provide written notice to the person who pays the fee for the solid waste contmner requmng the person to lease approprmte eqmpment as specified by the sohd waste department and provide for the removal of the solid waste (d) It is unlawful for a person recelwng notme to remove solid waste under Section 24-13(c) to fail to have all the solid waste removed w~thm forty-ezght hours of the notice (e) Up to eight bulky items per month will be picked up without any charge ffthe bulky items are lek by the solid waste container less than 48 hours before the first Thursday of each month and if thc bulky ~tems are not apphanees contmnmg pcb's or efc's SECTION 4 An individual adjudged guilty of the provisions of this ordinance shall be guilty ora misdemeanor and punished by a fine not to exceed Five Hundred Dollars ($500 00) SECTION 5 That this ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the prowslons of smd ordinances except in those instances where pmws~ons of those ordinances are ~n direct conflmt w~th the prows~ons of th~s ordinance SECTION 6 That ~fany section, subsection, paragraph, sentence, clause, phrase or word m th~s ordanance, or apphcat~on thereof to any person or mrcumstance ~s held ~nval~d by any court of competent junsdmtaon, such holding shall not affect the vahd~ty of the remmmng portions of th~s ordmance, and the C~ty Counml of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such ~nvahdlty SECTION 7. That th~s ordanance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby directed to cause the caption of th~s ordinance to be pubhshed twine ~n the Denton Record-Chromcle, the offimal newspaper of the City of Denton, Texas, w~thm ten (10) days of the date of its passage PASSED AND APPROVED th~s the /~-'-ff- day of U.~4~t:gd_X//-~ , 2000 / JACI~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY \\Svc uUlWOLl~shared~global\Sohd Waste Rate Ordinance 2001 doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 99-294, 2000-042~ AND 2000-043, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE, AMENDING THE CHARGES AND SCHEDULES FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE, RESIDENTIAL SERVICE DEPOSIT, COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE, MINIMUM MONTHLY COMMERCIAL CHARGE, SAME DAY COMMERCIAL SERVICE CHARGE, AND APPLIANCE PICKLrP CHARGE, AMENDING THE SANITARY LANDFILL USE CHARGES AND SCHEDULE BY ESTABLISHING SANITARY LANDFILL USE CHARGES BY TONNAGE, REASSIGNING CHARGES FOR DISPOSAL OF UNCONTAMINATED LEAVES, GRASS, AND BRUSH BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, REASSIGNING CHARGES FOR THE DEPOSIT OF WHOLE TREES AND STUMPS BROUGHT TO THE LANDFILL TO THE WASTEWATER DEPARTMENT, ADDING A SANITARY LANDFILL USE CHARGE FOR THE DEPOSIT OF RECYCLED ASPHALT AND CONCRETE, AMENDING TIRE CHARGES, PROVIDiNG FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ,qECTION 1 That the charges for sohd waste collechon servmes as authorized by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24, and by Section 32-90 of Artmle IV of Chapter 32 of the Code of Or&nances of the C~ty of Denton, Texas, are hereby established as follows SOLID WASTE RATE SCHEDULES PAGE SWR Res~dentml Sohd Waste Collection Servme 2 SWC CorlllileTClal and Institutional Solid Waste Collection Service 4 SWL Samtary Landfill Use 9 SCHEDULE SWR (EffectIve 10/01/00) APpt,tCATtO~ ApplIcable to md~wdual fanuly umt solid waste collection service to a structure, house, or bmldmg only The term "mrhmdual family umt" includes, without hmitatlon, each side of a duplex, each hwng umt of a triplex,, as well as any umt or hwng space in winch a person, persons or a single family resides MONITI4I ,Y R A T~ $15 90 per 30 days St IRCHARG~ (State of Texas statutory charge for landfill use) $0 10 per 30 days The surcharge referenced above IS hereby authorized to be remitted to the State as reqmred by law, and should the State Legislature increase this fee, such increase ~s hereby authorized to be charged and collected MINIMI IM FlIT J JNG $16 00 per 30 days OTI-II~R CI-IAR GFN There will be no charge for the collection of bagged grass chppmgs and leaves, or brush and tree lmabs winch are cut and stacked in four foot maximum lengths, if the combined grass/leaves/brush total volume is not over e~ght cubic yards per sohd waste collection Any combination of grass, leaves, brush, and tree hmbs is appropriate One cubic yard of grass or leaves equals slx 40-gallon bags Bagged grass and leaves over eight cuinc yards (48 bags) is charged at 50¢ per additional bag Brush and tree hmbs conmstmg of a volume in excess of eight cubic yards per sohd waste collectmn are charged at $5 00 per cubm yard for all cubic yards There are no charges for the collection of appliances winch do not contmn either polychlonnated blphenyls (PCB's) or chlorofluorocarbons (CFC's) There are no charges for the eollectaon of apphaneas winch have contmned either polychlonnated blphenyls (PCB's) or chlorofluorocarbons (CFC's), if the customer provides a certificate of documentatmn fi'om an approved business qualified to remove these products indicating that the PCB's and/or CFC's have been properly removed for disposal For appliances 2 wluch contmn PCB's md/or CFC's for whach no approved removal documentation ~s prowded, there will be a $50 00 charge per appliance Up to four bulky items wall be picked up dunng the regular residential collection route at no charge For each adrht~onal bulky ~tem over four ~tems there will be a $5 00 charge A sermce deposit m the rmmmum amount of $32 00 w~ll be charged for basic residential solid waste service 3 SCHEDULE SWC CO]VfiMI~,R C, TAT, AND 1NRTTTT tTtONAt..~C)T,W) WARTI~, COT .T,F,,C,,TTON s~,RVICR (Effective 10/01/00) APPI JCATION Applicable for all commercml or ~nstltut~onal sohd waste collection service M('INTI.4-I .Y R AT~ A DUMPSTERS (Regular Service) I 2 YARD DUMPSTER (Ex~stmg 2 Yard customers only)** Number of T~mes Cubm Yards Cubm Yards Rate Per C~nlleeted Per Week Per Week Per Month 30 Days 1 2 8 $ 43 40 2 4 16 83 46 3 6 24 125 13 4 8 32 166 92 5 10 40 208 59 6 12 48 250 32 2 3 YARD DUMPSTER Number of T~mes Cubm Yards Cubic Yards Rate Per ~ Per Week Per Month 30 Day~ 1 3 12 $ 46 17 2 6 24 88 54 3 9 27 132 81 4 12 48 177 08 5 15 60 221 35 6 18 72 265 62 4 3 4 YARD DUMPSTER Number of Tnnes Cubm Yards Cubic Yards Rate Per Collected Per Week P~r Week Per Mnnth 30 Days 1 4 16 $ 53 82 2 8 32 103 29 3 12 48 154 88 4 16 64 206 47 5 20 80 258 23 6 24 96 309 76 4 6 YARD DUMPSTER Number of T~mes Cubic Yards Cubm Yards Rate Per Collected Per Week per Week Per Month 30 Day~ 1 6 24 $ 69 13 2 12 48 132 80 3 18 72 199 26 4 24 96 265 66 5 30 120 332 06 6 36 144 398 52 5 8 YARD DUMPSTER Number of T~mes Cubm Yards Cubtc Yards Rate Per Collected Per Week Per Week Per Month 30 Da?q 1 8 32 $ 83 74 2 16 64 160 87 3 24 96 241 30 4 32 128 321 67 5 40 160 402 10 6 48 196 482 54 **The 2 yard dumpster service ~s only avmlable to ex~st~ng 2 yard dumpster customers as of September 30, 1997 New 2 yard dumpster servme wdl not be offered to any customer Ex~st~ng customers recelwng 2 yard dumpster servme that d~scontmue 2 yard service may not remstate 2 yard dumpster servme B DUMPSTER SERVICE (Temporary) Type of Rent ~ Per ~0 Day~ ,qervme Charge 3 cubic yard dumpster $11 30 $44 30 per pmkup 4 cubm yard dumpster 14 90 55 95 per p~ckup 6 cubic yard dumpster 19 75 74 15 per p~ckup 8 cubm yard dumpster 23 10 85 05 per p~ckup C DUMPSTER SERVICE (Refill and Extra Pmkup) Type of Container ~32yJf, f~Jlar~ 2 cubm yard dumpster $20 90 per pmkup 3 cubm yard dumpster 26 15 per p~ckup 4 cubm yard dumpster 35 00 per pmkup 6 cubm yard dumpster 47 45 per p~ckup 8 cubm yard dumpster 59 45 per p~ckup D 6 CY COMPACTOR Number of T~mes Cubm Yards Cubm Yards Rate Per Collected Per Week Per Week Per Month 30 Day,q 1 21 91 $212 95 2 42 182 425 90 3 63 273 638 86 E OPEN-TOP CONTAINERS Type of Rent Contmner Per qO Da? ,qervme Charge 15 cubic yard open top $63 60 $159 30 per pmkup 20 cubm yard open top 77 25 207 70 per p~ckup 30 cubm yard open top 88 90 265 75 per pickup 40 cubic yard open top 100 00 344 00 per pmkup 6 E COMPACTORS Type of Rent Cnntmner Per qO Day~ ~al2,_Charge 20 cubic yard compactor $190 80 $184 00 per pickup 30 cubic yard compactor 283 20 238 05 per pickup 35 cubic yard compactor 321 55 267 05 per pickup 42 cubic yard compactor 368 40 302 45 per pickup BA~qR MINIMI IM COMMF,,RCIAT, CHARGE A base m~mmum commercial customer charge of $22 50 per 30 days will be charged to all commercial and ~nst~tut~onal sohd waste customers SHARI~,D COMMERCIAl, CON!TAINER~q Shared commermal containers wdl be hm~ted on a cubm yardage bas~s to a m~mmum of 1 cubic yard per customer The maxnuum number of customers w~th shared accounts per dumpster s~ze ~s as stated Dump~ter .q~ze Maximum Number nfCn~tnmer~q 2 CY 2 3 CY 3 4 CY 4 6 CY 6 8 CY 8 RPECIAT, WA~qTE Charge D~sposal of"Specml Waste" as $65 50 ton defined by the State of Texas Mumc~pal Sohd Waste Management Regulations Acceptance of special waste ~s subJeCt to Federal and State laws and regulations, and the Oty has the right to refuse to accept waste Sl Ir cH Ar ~t~. (~qwc) An additional 3 5% charge will be assessed for each 30 day period (excluding rental charge) to compensate for the State of Texas surcharge for sohd waste received at landfills The Oty staff ~s hereby authorized to remit such charge to the State, and should the State Legislature ~ncrease tlus fee, such ~ncrease ~s hereby authorized to be charged and collected 7 OTT--T~,R ~C)N4TVT~R C]T AT. A dehvew fee of $45 00 per contmner wdl be charged to all customers for roll-off containers A delivery fee of $30 00 per container will be charged to all customers for Dumpster serwce A charge for inaccessible and unsermceable contmners wall be assessed The charge will be $45 00 for mll-offcontmners, and $30 00 for dumpsters, per each attempted collection A relocation fee of $30 00 w~ll be charged for each Open-Top or Compactor contmner that ~s relocated at the customer's s~te(s) A $50 00 fee will be charged for each request for same day pickup service for Open-Top and Compactor customers who receive pickup service upon demand The Solid Waste Department must receive notfficat~on of such requests prior to 10 00 A M, m order to provide same-day pick-up sermce A $112 00 fee will be charged for contmner lock installations provided by the City of Denton A $70 00 fee will be charged for contmner lock removal A charge of $300 00 per each collection will be assessed to all Open-Top customers who have Open-Top contmners whose waste weighs in excess of rune tons A deposit on Open-Tops and Temporary Dumpsters will be charged based upon one-sixth (1/6) of the estimated annual billing amount or service contract A mmamum of once per week pickup service is required for putresible (food) waste containers Up to eight bulky Items will be p~cked up free of charge on the 1~t Thursday bulky item pickup of each month, if the customer calls the solid waste department at least 48 hours ~n advance of the scheduled collection t~me Bulky items shall not be placed near or adjacent to contamers prior to 48 hours before the scheduled 1st Thursday bulky item pickup A serrate fee ,of $35 shall be charged, together with an additional fee of $10 per bulky item, for each bulky item m excess of eight bulky items placed near or adjacent to contmners prior to 48 hours before each 1~t Thursday bulky item p~ckup There are no charges for the collection of apphances which do not contmn either polychlonnated blphenyls (PCB's) or chlorofluorocarbons (CFC's) These items are considered bulky ~tems There are no charges for the collection of appliances wluch have contmned either polychlonnated blphenyls (PCB's) or chlorofluorocarbons (CFC's), if the customer provides a cemficate of documentation from an approved business qualified to remove these products mdmat~ng that the PCB's and/or CFC's have been properly removed for disposal For apphances wluch contmn PCB's and/or CFC's for which no approved removal documentation is provided, there will be a $50 00 charge per apphance Bulky items and appliances may be delivered by Denton Solid Waste customers to the landfill for d~sposal at no charge, except for those appliances or other items containing PCB's and/or CFC's 8 SCHEDULE SWL ,q ANtITAR¥ I,ANIDFII ,T, I [ql~, (Effective 10/01/00) Al>PT JCATIONI Apphcable to mchvlduals and commercial entities that use the City's samtary landfill site, ,mill solid waste originating inside the city limits of Denton, Texas Customers brmglng mixed loads of solid waste, trash, bulky items, appliances, or other mbhsh to the landfill will be charged at the landfill rote RATI~,,q AND CI-IARGF, S A C~ty of Denton Users $32 50 / TON APPT ,TCATION Applicable to individuals and commercial entitles who arc not residents of the City of Denton, or to any customer with solid waste that does not on§lnate inside thc city limits of Denton, Texas B Outside the City of Denton Users $37 50 / TON C OUTSIDE THE CITY SOLID WASTE CONTRACT HAULERS The City Manager may enter into contracts with outside the City of Denton solid waste haulers for regular use of the Denton samtary landfill site at various negotiable rates beneficial to the citizens of Denton All such contracts may contmn conditions of operation, disposal, and delivery as the City Manager or bas designee shall determine necessaxy for the efficient operation of the Denton landfill s~te and the method ofbalhng and collection for such use D TIRE CHARGES Charge Per T~re 1 Automobile tires not shredded, $ 5 00 quartered or halved 2 Track tires not shredded, $ 7 00 quartered or halved 9 E SPECIAL WASTE Charge Disposal of"Specml Waste" as $65 50 ton defined by the State of Texas Mummpal Sohd Waste Management Regulations Acceptance of specml waste is subject to Federal and State laws and regulations, and the C~ty has the right to refuse to accept waste F RECYCLED ASPHALT / CONCRETE $7 50 ton No 3 5% surcharge reqmred G APPLIANCES There are no charges for the collection of apphances whmh do not contmn exther polychlonnated Nphenyls (PCB's) or chlorofluorocarbons (CFC's) There are no charges for the collect~on of apphances winch have contmned rather polychlonnated Nphenyls (PCB's) or chlorofluorocarbons (CFC's), ffthe customer prowdes a cemficate of documentatmn from an approved buaness quahfied to remove these products ~ndmat~ng that the PCB's and/or CFC's have been properly removed for dmposal For appliances whmh contmn PCB's and/or CFC's for winch no approved removal documentation ~s prowded, there wall be a $50 00 charge per apphance H UNSECURED LOADS Charge Per l,nad Apphes to sohd waste loads that $12 00 are not secured w~th a tarpauhn or other eqmpment that prevents material from spflhng along and w~thm the right-of-way ofpubhc access roads serving landfill s~te Sl maHAr ~t~, An adrht~onal 3 5% charge will be assessed on all semce to the landfill to compensate for the State of Texas surcharge for all sohd waste recmved at landfills The C~ty staff ~s hereby authorized to remit such charge to the State, and should the State Legmlamre ~ncrease tins fee, such ~ncmase m hereby authorized to be charged and collected :1.0 1 ,IMIT ATI'f~N~ Landfill permits ~ssued by the City of Denton pr~or to the effective date of tlus ordinance may be redeemed for their face value The customer must pay the d~fference between the current rate and the £aee value of the permit The customer ~s not entitled to a refund £aee value of the perrmt exceeds the current rate SEC. TIO_h!~ That the D~rector of the Sohd Waste Department of the Clty of Denton ~s authorized to deny the use of the City of Denton landfill to customers for provad~ng false mfonnat~on regarding the residency of the and~vldual or the ongan of the sohd waste SI~I~TIONI 3. That at is m the pubhc interest that the provisions of Sections 26-3, 26-4, 26- 5, 26-7, 26-8(a), and 26-9 ofArtmle I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to C~ty of Denton Sohd Waste service ~ql~C~TION 4. That all ordinances or parts of ordinances m force when the prows~ons of tins ordinance became effecUve wbach are ~nconslstent, or m conflmt with the terms or provas~ons contmned ~n th~s ordinance are hereby repealed to the extent of any such conflmt ~q~CTIONI 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word an th~s ordinance, or the apphcat~on thereof to any person or under any circumstances ~s held invalid by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmmng portions of tlus ordinance, and the Caty Council of the C~ty of Denton, Texas, hereby declares ~t would have enacted such remalmng portions despate any such ~nvahd~ty ~qI~.C. TION 6. That tlus orchnance shall become effective, charged, and apphed to all sohd waste services rendered on and after October 1, 2000, and a copy of smd rates, fees, and charges shall be mmntmned on file ~n the Office of the C~ty Secretary PASSED , APeROVED sthe dayof ,2000 EUL1NE BROCK, MAYOR ATTEST' JENNIleER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 12