Ordinance No. 1,481^
ORDINANCE NO.1481
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITYOF BAYTOWN,TEXAS,
BY THE AMENDMENT OF CHAPTER 14,"GARBAGE AND TRASH",ARTICLE I,IN GENERAL,
BY REPEALING SECTIONS 14-1,14-4,14-10,14-13,14-14,AND 14-15 AS PRESENTLY
CONSTITUTED AND SUBSTITUTING IN THEIR PLACE THE PROVISIONS OF NEW SECTIONS
14-1,14-4,14-10,14-13,14-14,AND 14-15;AND BY ADDING A NEW SECTION
14-16;AMENDING ARTICLE II,COLLECTION OF REFUSE,DIVISION 1,RESIDENTIAL,
BY REPEALING SECTIONS 14-23 AND 14-26 AS PRESENTLY CONSTITUTED AND SUBSTITUTING
IN THEIR PLACE THE PROVISIONS OF NEW SECTIONS 14-23 AND 14-26;AND AMENDING
DIVISION 2,PRIVATE COLLECTIONS,BY REPEALING SECTIONS 14-31 AND 14-33 AS
PRESENTLY CONSTITUTED AND SUBSTITUTING IN THEIR PLACETHE PROVISIONS OF NEW
SECTIONS 14-31 AND 14-33;REPEALING ORDINANCES INCONSISTENT HEREWITH;CON
TAINING A SAVINGS CLAUSE;PRESCRIBING A MAXIMUM PENALTY OF TWOHUNDRED
($200.00)DOLLARS FOR EACH VIOLATION;AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 14,"Garbage and Trash",Article I,In General,
by the repealing of Sections 14-1,14-4,14-10,14-13,14-14,and 14-15,thereof
andthe same shall cease to have force and effect from and after the effective
date of this Ordinance.
Section 2:That the Code of Ordinances is hereby amended by adding thereto
new Sections 14-1,14-4,14-10,14-13,14-14,14-15,and 14-16 which shall read
as follows,to-wit:
ARTICLE I.IN GENERAL
Section 14-1.Definitions.
As used in this chapter,the following terms shall have the meanings
herein ascribed to them:
(a)Garbage.By the term "garbage"is meant rubbish,kitchen and
household waste,food containers,paper and refuse,not including
sewage or dead animals.
(b)Trash.By the term "trash"is meant leaves,grass,weeds,hedge
trimmings,tree trimmings,boxes,crates,feathers,rags,tree limbs,
and old clothing from any premises within the city limits.
Section 14-4.Storage and Disposal of Garbage.
Residential garbage may be disposedof in metal or plastic cans,tied
plastic bags,and/or crimpled paper bags.Plastic bags should be of a minimum
of 1.5 mil thickness and a minimum of 20 gallon capacity.Paper bags shall be
of 30 gallon capacity and have a wet-strength of 50 pounds.Metal or plastic
cans shall be water-tight of a solid or durable grade of galvanized metal or
plastic,of not less than fifteen (15)nor more than thirty (30)gallons cap
acity,with tight fitting lid or cover with a handle,and the combined weight
of the contents and containers shall not exceed one hundred pounds.
Section 14-10.Construction debris,other heavy rubbish and trash,
furniture,etc.to be removed by owner.
(a)No construction materials will be removed orpicked up by the City
regardless of its nature or origin.
(b)No furniture of any nature,stoves,freezers,refrigerators,water
heaters,mattresses,bed springs,sofas,chairs,carpets,or other various
types or forms of household furnishings will be removed by the City,ex
cept as hereinafter provided.
(c)Special trash pickups to include items listed in 14-10(b)shall be
designated by the City Manager as needed,but in nocase less than four times
per year.Itshallbe unlawful to have the items listed in 14-10(b)placed
zm\for collection except at designated times.
Section 14-13.Refusecollection permit.
No person except duly authorized permittees,employees,and officers of
the City and operators of ClassA vehicles as described in the following sections,
shall deposit garbage,trash,or refuse into any landfill or landfills owned or
maintained by the City unless such person has displayed a refuse collection permit
and presents to the landfill attendant a valid ticket authorizing the dumping or
depositing of garbage or trash.
Tickets collected shallbe presented to the Director of Finance daily.
Section 14-14.Tickets for use of landfill by persons or companies collecting
garbage,trash,or refuseinside the limits of Baytown.
Any commercial hauler or commercial disposal company engaged in the removal
of refuse matter or waste materials of any kind within the residential and/or com
mercial areas within the city,after obtaining a refuse collection permit from the
the Director of Public Works or his designee shall purchase landfill dumping tickets.
Such tickets shall cover vehicles of oneton capacity or less and vehicles in excess
rof one ton capacity,such twodivisions shall have classes as set forth:
VEHICLES:ONE TON OR LESS
!•c^ss A.Vehicles hauling garbage,trash orrefuse from within the limits
of Baytown (noncommercial,nonbusiness).
2-Class B.Vehicles hauling garbage,trash or refuse from within the limits
ofBaytown.These are commercial haulers which remove articles not removed
and disposed of by the City (residential,construction,commerical or business).
VEHICLES:EXCESS OF ONE TON
1-Class C.Vehicles hauling garbage,trash or refuse from within the limits
of Baytown.
Section 14-15.Same -Ticket books;fees.
The Director of Finance shall prepare ticket books,numbered consecutively,
for each class.Each ticket book shall contain tickets authorizing the dumping of
one load of trash,garbage or refuse at the Citylandfill and books containing
twenty-five (25)tickets,fifty (50)tickets and one hundred (100)tickets shall
f be prepared and the fees shall be as follows:
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1.Class A.Passenger vehicles,including one-seated,two-seated,coaches,
sedans,and coupes No charge
Noncommercial,nonbusiness pickups and trailers No charge
2.Class B $2.00 per ticket
3.Class C.
TT STxteen-yard trucks $8.00 per ticket
(b)Twenty-yard trucks $10.00 per ticket
The above referred to tickets are figured at a rate of $.50 per cubic yard of
refuse;therefore,all trucks larger than (A)or (B)shall be figured at a rate of
$.50 a cubic yard for each additional yard.
Section 14-16.Tickets for use of landfill by persons or companies collecting
garbage,trash,or refuse outside the limits of Baytown.
Any private or noncommercial vehicles andany commercial vehicles or
commerical haulers wishing to dump garbage,trash,or refuse collected outside
the limits of the City of Baytown,after obtaining a refuse collection permit,
shall purchase landfill dumping tickets.Such tickets shall cover vehicles of
less than one ton capacity and vehicles in excess of one ton capacity and such
two divisions shall have classes as set forth:
VEHICLES:ONE TON OR LESS
1.Class A.Vehicles hauling garbage,trash orrefuse from areas outside the
limits of Baytown designated by the City Manager and approved by the City Council.
(a)Private,noncommerical,nonbusiness automobiles and pickups,and
trailers $2.00 perticket
(b)Commercial pickups and trailers $4.00 per ticket
VEHICLES:EXCESS OF ONE TON
1.Class B.Vehicles hauling garbage,trash or refuse from outside the limits
of Baytown designated by the City Manager and approved by the City Council.
(a)Sixteen-yard truck $12.00 per ticket
(b)Twenty yard trucks $15.00 per ticket
Each additional yard shall be figured at $.75 per cubicyard.
Section 3:That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 14,"Garbage and Trash",Article II,Collection
of Refuse,Division 1,Residential,by repealing Sections 14-23 and 14-26,thereof
and the same shall cease to have force and effect from and after the effective date
of this Ordinance.
Section 4:That the Code of Ordinances is hereby amended by adding thereto
new Sections 14-23 and 14-26 which shall read as follows,to-wit:
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ARTICLE II.COLLECTION OF REFUSE
DIVISION 1.Residential
Section 14-23.Time of collection.
Garbage and/or trash will be placed on the curb (or alley wherealley
pickups exist)by 7:00 o'clock a.m.on theday of collection and no sooner than
the dawn of the day of collection.All receptacles and containers shall be re
moved from the curb by 6:00 o'clock p.m.in the evening of collection day.
All garbage shall be placed atthe curb in a receptacle or container as
provided in Section 14-4.
week.
Section 14-26.Collection of trash.
The collection of trash shall beon the second residential pick up each
(a)Grass cuttings and leaves shall be placed in a container that can
be readily handled by one man.
(b)Limbs,brush,trunks,and tree trimmings shall be cutinto lengths
not to exceed three (3)feet,shall be free of secondary branches,and shall
be bundled with cord or rope and stacked.No bundle shall exceed a weight
of fifty (50)pounds and shall be capable of being handled by one man.
Section 5:That the Code of Ordinances of the City of Baytown is hereby
amended by the amendment of Chapter 14,"Garbage and Trash",Article II,Collection
of Refuse,Division 2,Private Collections,by repealing Sections 14-31 and 14-33,
thereof and the same shall cease to have force and effect from and after the ef
fective date of this Ordinance.
Section 6:That the Code of Ordinances is hereby amended by adding thereto
new Sections 14-31 and 14-33which shall read as follows,to-wit:
ARTICLE II.COLLECTION OF REFUSE
DIVISION 2,Private Collections
Section 14-31.License.
A commercial disposal company or a commercial hauler engaged in the
removal of refuse matter or waste material of any kind within the residential
and/or commercial areas within the City shall obtain a permit from the Director
of Public Works or his designee.Such permit shall be issued upon receipt
of payment of a license fee of Ten Dollars ($10.00)per year,said permits
to be renewed on January 1 of each year.These permits are issued for the
use of the City streets and thoroughfares in the conduct of a commercial business.
It shall be unlawful foranyperson who has not secured such permit,to engage
in such business or to remove any garbage container,box,barrel,can or other
receptable provided for the deposit of garbage or otherwaste material or in
any manner interfere with any such container or receptacle;provided,however,
that the provisions of this division shall not apply to the owner or occupant
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of the premises on which the same is located.The Director of Public Works
or his designee shall then determine how many trucksthe permittee will need
for collection of garbage.Each truck shall have its license and number affixed
permanently to the truck as provided in Section 14-34 of the Code.Only these
said numbered trucks will be consideredauthorized permittees and entitled
to use the landfill.
All businesses in the corporate limits of Baytown,before dumping
at City landfills,shall acquire a refuse collectionpermit for local business.
Such permit shall be issued upon receipt of payment of a license fee of One
Dollar ($1.00)per year.Said license fee shall be renewed on January 1 of
eachyear.Said permit shallbe required of all businesses who will have vehicles
hauling garbage,trash,or refuse from within the limits of Baytown.All such
permits will be referred to as a "refuse collection permit"and must be displayed,
either asa number on the disposal vehicle and/or a paper permit when entering
the landfill.This shall be determined by the Director of Public Works or
his designee.Saidpermitmust be accompanied by landfill dumping tickets.
There shall be no dumping of trash,garbage,or refuse at the landfill
or landfills operated by the City by persons or companies which collect garbage,
trash,or refuse outside the limitsof Baytown.The only exceptions shall
be granted and approved by the City Manager and the City Council upon the recommend
ation of the Director of Public Works.Granted these exceptions the hauler
shall comply with the provisions of the Code applicable to commercial haulers
from within the City and will purchase landfill dumping tickets as provided
in Section 14-16.
All private and noncommercial vehicles and their owners who live outside
the corporate limits of Baytown,but within the designated Council collection
boundaries,shall once a year establish their residency with the Director of
Public Works or his designee,and upon verification of the above requirements
andthe receipt of One Dollar ($1.00)shall be issued a refuse collection permit.
At this time the licensee shall purchase landfill dumping tickets as provided
in Section 14-16.
Section 14-33.Collector to provide Director of Public Works with list of
customers.
Commercial disposal companies orcommercialhaulers shall present a complete
list of their customers to the Director of Public Works by January 1 of each year and
a revised list every six months thereafter.
Section 6:Repealing Clause:All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed;provided,
however,thatsuch 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.
Section 7:Savings Clause:If any provision,section,exception,
subsection,paragraph,sentence,clause orphrase of this ordinance or the
application ofsame to any person or set of circumstances,shall for any reason
be held unconstitutional,voidor invalid,such invalidity shall not affect
the validity of the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and tothis end all provisions of
this ordinance are declared to be severable.
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Section 8:Penalty Clause:Any person who shall violate any provision
of this ordinance shall be deemedguiltyof a misdemeanor and upon conviction
shall be punished by a fine of not less than Ten ($10.00)Dollars,nor more
than Two Hundred ($200.00)Dollars.Each day of the continuance ofsuch vi
olation shall be considered a separate offense and each and every day shall
constitute a separate violation.
Section 9:Effective Date: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 days after the passage of this ordinance.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the Cityof Baytown,Texas,this 27t.h day of September 1973.
TOM GENTRY,Mayor
ATTEST:
EDNA
)
A OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
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