Ordinance No. 16,361 (Item 2.a.)ORDINANCE NO. 16,361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE III "COMMERCIAL SOLID
WASTE," DIVISION I "GENERALLY" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS TO, FOR CONSISTENCY, SUBSTITUTE THE
PHRASE "COMMERCIAL SOLID WASTE" FOR "COMMERCIAL WASTE;"
AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE IV "PRIVATE
COLLECTION VEHICLES," DIVISION I "GENERALLY" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS TO, FOR CONSISTENCY,
SUBSTITUTE THE PHRASE "COMMERCIAL SOLID WASTE" FOR
"COMMERCIAL WASTE," ADD A DEFINITION OF ROLL -OFF CONTAINER,
SUBSTITUTE THE PHRASE "GROSS RECEIPTS FRANCHISE FEE" FOR "GROSS
RECEIPTS TAX" AND PROVIDE NEW PAYMENT, REPORTING, AND AUDITING
REQUIREMENTS; AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE IV
"PRIVATE COLLECTION VEHICLES," DIVISION 2 "PERMIT," OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS TO MAKE UNLAWFUL THE
HIRING OF A PERSON WHO DOES NOT HAVE A VALID WASTE -COLLECTION
PERMIT, RENUMBER PARAGRAPHS, AND MAKE UNLAWFUL THE FAILURE
TO DISPLAY A CITY -ISSUED PERMIT DECAL; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 86 "Solid Waste," Article III "Commercial Solid Waste," Division 1
"Generally" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE 111. COMMERCIAL SOLID WASTE
DIVISION 1. — GENERALLY
See. 86-131. — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Approved commercial solid waste container means a building, vehicle or
container used to store or transport commercial waste, except brush, which is totally
enclosed; which is of adequate strength and design to prevent leakage of leachates and
spillage of other waste during storage, transport and emptying or loading; and which is
regularly replaced or cleaned to prevent offensive odor and harborage, feeding and
propagation of vectors.
Commercial Solid Waste means any putrescible or nonputrescible, combustible
or noncombustible discarded or used materials, including solid, liquid, semisolid or
contained gaseous material such as garbage, trash, brush, leachate, building waste and
junk, generated by industrial or manufacturing processes; food preparation or service;
agricultural operations; oil and gas recovery; institutional, governmental or religious
activities; retail or wholesale stores or shops; apartment complexes, condominium
projects or manufactured home or recreational vehicle parks exceeding eight units; tree
or lawn services; fishing operations; and other commercial activities.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking or
placing of any commercial solid waste into or on any land, water or container.
Leachate means liquid that has passed through or emerged from putrescible
waste or that contains soluble, suspended or miscible materials from other commercial
solid waste.
Sec. 86-133. - Collection of waste generally.
The city shall not collect commercial solid waste other than from certain small
businesses that contract with the city for collection pursuant to division 2 of this article.
The collection and disposal of commercial solid waste shall be carried out in a safe,
sanitary and timely manner. Nothing in this division shall apply to any state -approved
sanitary landfill or other waste disposal regulated by other law.
Sec. 86-134. - Unlawful maintenance of waste.
(a) A person commits an offense if he intentionally or knowingly transports
or maintains commercial solid waste, except within an approved
commercial solid waste container.
(b) For purposes of this division, intent and knowledge are presumed if
notice is given in accordance with this division.
(c) An offense under this section is punishable by a fine as provided
in section l -14.
Sec. 86-135. - Unlawful disposal of waste.
(a) A person commits an offense if he intentionally or knowingly disposes
of commercial solid waste into any public system.
(b) It is a defense to prosecution if garbage is disposed of into a sanitary
sewer system and it has been shredded in a garbage disposal or grinder
to less than one-fourth inch and all particles carried freely under the flow
conditions prevailing in such sanitary sewer system.
(c) An offense under this section is punishable by a fine as provided
in section 1-14.
Sec. 86-136. - Unlawful placement of containers.
(a) A person commits an offense if he intentionally or knowingly places a
commercial solid waste container upon a public right-of-way or
maintains such container upon a public right-of-way after notice.
(b) An offense under this section is punishable by a fine as provided
in section 1-14.
Sec. 86-137. - Failure to care for container.
(a) The owner of a commercial solid waste container commits an offense if
he intentionally or knowingly fails or refuses to empty, clean or disinfect
a commercial waste container after notice.
(b) An offense under this section is punishable by a fine as provided
in section 1-14.
Section 2: That Chapter 86 "Solid Waste," Article IV "Private Collection Vehicles,"
Division 1 "Generally" of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE III. COMMERCIAL SOLID WASTE
DIVISION 1. — GENERALLY
Sec. 86-195. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
Gross receipts means any revenue directly or indirectly received or generated from
or in connection with any commercial solid waste collection service provided within the
city, excluding the following amounts:
(a) Sales and use tax received by the permit holder;
(b) Disposal fees paid to the city by a permit holder;
(c) Annual bad -debt write-off amounts on uncollectible accounts for solid
waste collection service, provided that the write-off allowed is verified by
adequate supporting documentation and does not reduce the annual gross
receipts by more than three percent;
(d) Revenues received or generated for any solid waste collection service
provided on behalf of the city by the permit holder pursuant to a written
contract with the city; and
(e) Revenues directly received or generated from the processing of recyclable
materials.
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Commercial solid waste collection service means the business of removing,
hauling, or transporting wet or dry solid waste, recyclables, or construction and demolition
debris from commercial, industrial, or multi -family premises within the city.
Roll -off container means a detachable, wheeled, or stationary container designed
to be mechanically loaded onto a collection vehicle for transportation to a disposal or
processing facility.
Sec. 86-196. Gross receipts franchise fee; reports; audits.
(a) Tax levied. There is levied a quarterly tax equal to ten percent (10%) of
the total gross receipts of all persons operating a solid waste collection service within the
city limits.
(b) Interest on late payments. If any franchise fee is not remitted by the due
date specified above, interest shall be charged daily from such date at the annual rate of
twelve percent (12 %) or the maximum rate allowed by law, whichever is less.
(c) Quarterly reports; payment due dates. Each person operating a solid waste
collection service within the city limits and using the city streets shall file a quarterly report
with the city finance director on a form provided by the director showing the total amount
of gross receipts collected from customers for such services during each quarter and
containing a statement by the permit holder that the information provided is true and
correct. Reports and payments are due January 13, April 13, July 13, and October 13 of
each year.
(d) Inspection and audit of books. Upon reasonable notice, each permit holder
shall make its books and records available to the finance director to enable verification of
reported gross receipts. In the event the director determines that the permit holder has not
complied with any term or condition of this franchise, the director may use those records
in any manner necessary to resolve non-compliance.
(e) Recordkeeping requirements. Each permit holder shall maintain records
of its solid -waste -collection business, including a complete listing of all accounts within
the city limits, identified by customer name, service address, telephone number, time
periods served, rates charged, and account number. Such records must be retained for at
least five (5) years and be made available to the director upon ten (10) business days'
written notice.
(f) Permit holder's records. The director shall have the right to inspect the
permit holder's records, accounts, and financial and operating information, including but
not limited to customer lists and contracts, to determine compliance with this article.
Except as required for auditing purposes, or in accordance with the Texas Public
Information Act or other law, the city will not disclose the permit holder's records,
accounts, and financial and operating information. Upon a request under the Texas Public
Information Act, the city shall notify the permit holder as required by law.
(g) Sales -tax compliance. Permit holders providing taxable waste -removal
services must hold a current Texas Sales and Use Tax Permit and collect and remit
applicable state and local sales taxes for services performed within the city.
Section 3: That Chapter 86 "Solid Waste," Article IV "Private Collection Vehicles,"
Division 2 "Permit," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
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CHAPTER 86. SOLID WASTE
ARTICLE IV. PRIVATE COLLECTION VEHICLES
DIVISION 2. — PERMIT
Sec. 86-226. Required.
(a) Unless a valid waste -collection permit has been issued by the city, it shall
be unlawful for any person to collect or transport garbage, trash, rubbish,
or commercial solid waste within the city.
(b) It shall be unlawful for any person to hire, retain, let, use, contract with,
engage, or otherwise appoint, any person who does not have a valid waste -
collection permit issued by the city, to collect or transport garbage, trash,
rubbish, or commercial solid waste within the city.
Sec. 86-227. Application; fees.
Each person applying for a waste -collection permit must submit the following information
on the application provided by the city:
(a) Name, mailing address, physical address (if different), phone number, and
email address of the owner and company.
(b) Name, address, phone number, and email of the company contact person.
(c) Make, model, year, and type of each vehicle to be operated.
(d) Whether the vehicle shall be operated by the owner or an employee.
(e) Permit fee of seventy-five dollars ($75.00) per vehicle and fifty dollars
($50.00) per roll -off container, or such other amount as the city council may
by resolution establish.
(f) Proof of insurance:
(1) Automobile liability — $1,000,000 combined single limit;
(2) Commercial general liability — $1,000,000 per occurrence and
$2,000,000 aggregate;
(3) Workers' compensation with statutory limits and waiver of
subrogation in favor of the city.
Policies must name the city as an additional insured and provide thirty (30)
days' written -notice -of -cancellation.
(g) A sworn statement or affirmation that all information provided is true and
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correct.
Sec. 86-228. Permit issuance; term; revocation; appeal.
(a) Issuance. Upon receipt of a completed application and required
documentation, the city clerk shall issue a permit unless grounds for denial
exist under subsection (d).
(b) Term. Each permit shall be valid from January 1 through December 31.
Renewal applications must be submitted at least ten (10) days prior to
expiration.
(c) Transferability. Permits are non -transferable except upon written approval
by the city.
(c) Grounds for revocation or non -renewal. The city clerk may deny, revoke,
or decline to renew a permit if:
1. A false material statement appears in the application;
2. The permit holder fails to file required quarterly reports or pay the
franchise fee;
The permit holder violates any provision of this article;
4. The permit holder provides consistently poor service endangering
public health or maintains unsightly or unsanitary containers after
written notice from the city.
(e) Notice of denial or revocation. Written notice stating the reasons shall be
sent by certified mail, return -receipt requested.
(f) Appeal. The appeal shall be heard by the city manager, who shall consider
evidence offered by any interested person. The formal rules of evidence
shall not apply at such hearing. The city manager shall make a decision
on the basis of a fair preponderance of the evidence presented and matters
officially noticed at the hearing. The city manager shall render a decision
within 30 days after the appeal hearing. Such decision shall affirm,
reverse, or modify the determination of the city clerk and the city
manager's decision is final.
Sec. 86-229. Display of permit.
Each permitted vehicle and each permitted roll -off container shall display the city -issued
permit decal or identification in a conspicuous location visible from the public right-of-way.
Failure to display a current decal constitutes a violation of this article.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency;
and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
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Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances, shall for any
reason be unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or set of circumstances; and to this end, all
provisions of this ordinance are declared to be severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative o� City�Council o/the City of
Baytown this the 81h day of January, 2026. �/� �/
CHARLES JOV, Mayor
ATTEST: -\
n
ANGEL'1 1 KSON, City Clerk
APPROVED AS O FORM
SCOTT Ll✓MTTN3; -City Attorney
RAOrdinances and Resolutions\Ordinance Drafts\2026-1-8\Ord-am Ch 86-SL.docx