Ordinance No. 2,019ORDINANCE NO.2019
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN,TEXAS,BY THE AMENDMENT OF CHAPTER 14,
"GARBAGE AND TRASH,"BY REPEALING THE PROVISIONS OF
THIS CHAPTER AS PRESENTLY CONSTITUTED AND ADOPTING A
NEW CHAPTER 14,"GARBAGE AND TRASH";PROVIDING FOR A
PENALTY;PROVIDING A REPEALING CLAUSE;CONTAINING A
SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
WHEREAS,many garbage receptacles readily leak or spill
their contentsthus providing a breeding place for disease
transmitting flys,insects and scavenging animals;and
WHEREAS,many garbage receptacles have jagged or sharp
edges andaretoo bulky to allow safe garbage collection;
and
WHEREAS,many garbage receptacles are a source of
litter,posing a health hazard,detracting from the appear
ance of the community,and causing depreciation of the value
of surrounding property;and
WHEREAS,the City Council deems it necessary to remove
such dilapidated and hazardous refuse receptacles and other
wise regulate refusecollection in order to protect the
health,safety and welfare of the citizens of Baytown;NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THECITY OF
BAYTOWN,TEXAS:
Section 1:That the Code of Ordinances of the City of
Baytown,Texas,is hereby amended by repealing the provisions
of Chapter 14,"Garbage and Trash,"as they presently exist
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 of the City of
Baytown,is hereby amended by the addition of a new Chapter
14,"Garbage and Trash,"which shall read as follows,to
wit:
(SEE EXHIBIT A)
Section 3:Repealing Clause: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are hereby repealed;provided however,that such repeal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.
Section 4:Savings Clause:If any provisions,excep
tion,section,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 held
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 sets of
circumstances and to this end,all provisions of this ordi
nance are declared to be severable.
Section 5:Penalty Clause:A person adjudged guilty of
an offense as defined in this chapter shall be punished by a
fine not to exceed Two Hundred ($200.00)Dollars.Each day
an offense is committed shall constitute a separate offense.
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Section 6:Effective Date:This ordinance shall take
effect from and after ten (10)days from its adoption by the
City Council of the City of Baytown,Texas.TheCity 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.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council of the City of Baytown,on this 10th day
of June 1976.
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL;City Clerk
APPROVED:
Attorney
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EXHIBIT "A"
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RESIDENTIAL GARBAGE,TRASH,AND BRUSH
ARTICLE I.IN GENERAL
SECTION lU-1.Definitions
Asused in this Chapter,the following terms shall have the meanings
herein ascribed to them:
a)Garbage.By the term "garbage"is meant kitchen and house
hold waste including food containers,but not including
sewage or dead animals.
b)Trash.Bythe term "trash"is meant leaves,lawn trimmings,
paper,boxes and rubbish,but not building materials.
c)Brush.By the term "brush"is meant limbs and other cuttings
from branches of trees and shrubs.
SECTION lU-2.Compliance with Provisions Required
All residential garbage,trash,and brush shall be disposed of by the
person in charge of the premises by the methods hereinafter set forth.It shall
be unlawful to dispose of residential garbage,trash or brush in any other manner.
A person commits an offense if he places or throws any garbage,trash or brush
on the streets or in the alleysof the City at any time.Itis specifically
provided that no person shall throw or place any garbage,trash or brush in any
gutter or other drainagefacility within the City.It shall be unlawful for
any person to pickfrom or disturb any garbage,trash,brush,or special item
setout for collection without permission of the person in charge of the premises.
The Director of Public Works or his designee shall hereby be empowered to issue
citations for violations of any of the provisions of this ordinance.
SECTION lU-3.Commercial Refuse
The City shall not collect garbage,trash,brush or special items
from commercial establishments.Apartment complexes or mobile home parks exceed
ing eight units shall be considered commercial establishments.Brush or special
items resulting from commercial tree cutting shall not be collected from either
residential or commercial sites.The disposal and collection ofcommercial garbage,
trash,brush,and special items shall be carried out in a safe,sanitary,and
timely manner.
ARTICLE II.RESIDENTIAL DISPOSAL
SECTION ik.k.Disposal of Garbage
All garbage shall be disposed of in coveredmetal or plastic cans,
or closed plastic or paper bags.Metal or plastic cans shall be water tight,
or solid or durable grade of metal or plastic,of not more than 30 gallons
capacity,with usable handles on both sides.All cans shall have a close fitt
ing lid.Paper or plasticbags shall not havemore than a 30-gallon capacity
and shall have a wet strength of at least 50 pounds.
SECTION lU-5.Disposalof Trash
Trash may be disposed of in containers or tied bundles.Bundles shall
not exceed three feet in any dimension.All trash,including paper,shall be so
protected that it cannot be readily scattered about.
SECTION lU-6.Disposal of Brush
Brush may be disposed of in containers or tied bundles.Bundles
shall not exceed fivefeet in length and three feet in any other dimension.
Brush may also be neatly stacked.
SECTION lU-T.Weight of Garbage,Trash and Brush
All materials shall have a maximum weight of 60 pounds per container,
bundle or item,and shall be capable of being handled by one man,with the ex
ception of those items specified hereafter.
SECTION lU-8.Disposal of Special Items
No building materials will be removed by the City regardless of their
nature or origin.Furniture,household appliances,and large tree trunks may
be disposedof by requesting special pick-up service from the Municipal Service
Center.
ARTICLE III.RESIDENTIAL COLLECTION
SECTION 1^-9.Place of Collection
All garbage,trash,brush or special items shall be placed within
thestreet right-of-way or alleys designated by City Council for collection.
No collection will be made at any other location.Special items shall be placed
clear of all power lines and overhead trees.
SECTION 14-10.Time of Collection
Garbage,trash or brush will be placed within the street right-of-way
by 7:30 a.m.on theday of collection.All containers shall be removed from
the street right-of-way on the day of collection.
SECTION lfr-ll.Collection of Garbage
The collection of garbage shall be made on a regularly scheduled basis
twice weekly.On official City holidays,the regular collection will be deferred
until the next scheduledday of collection.
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SECTION lU-12.Collection of Trash
The collection of trash shall "be made at the same time as the collec
tion of garbage on a regularly scheduled "basis twice weekly.On official City
holidays,the regular collection will be deferred until the next scheduled day
of collection.
SECTION lU-13.Collection of Brush
The collection of brush that is disposed in containers or tied bundles
shall be made on a regularly scheduled basis twice weekly.On official City
holidays,the regular collection will be deferred until the next scheduled day
of collection.Brush that is stacked or exceeds the limitations set forth in
Section lU-5 will be picked up on a regularly scheduled basis at three-week
intervals.
SECTION lU-lU.Collection of Special Items
Collection of special items as described in Section lU-7 shall be
made by requesting special pickup service from the Municipal Service Center.
All requests for special pickup service shall be madewithin one week of the
service request.
SECTION lU-15.Confiscation of Improper Containers
Any container which allows the contents to leak or fall out or which
hasjagged or sharp edges which might cause injuryorany garbage container
without a tight fitting cover is hereby declared to be a public nuisance and
shall be picked up and destroyed by the Sanitation Division.
ARTICLE IV.FINANCIAL ADMINISTRATION
SECTION lU-16.Charge for Collection
The City shall charge for its services for removing and disposing of
garbage,trash and brush from residential units the sum of three dollars ($3.00)
per month for each residential unit from which refuse is collected.However,
when the head of the household of a residential unit certifies in writing to
the Utility Collections Office that he is over sixty-five (65)years of age and
that he will place no more than one thirty (30)-gallon canof refuse at his
residential unit for collection on each regularly scheduled collection day,
the monthly charge will be the sum of one dollar and seventy-five cents ($1.75).
In the case of multifamily dwelling unit projects,the monthly charge forcollec
tionof refuse shall be the sum of three dollars ($3.00)times the number of
occupied units in the project.Multifamily units which exceed eight (8)units
will be considered commercialand no City collection service will be provided.
SECTION lU-17.Billing and Payment
The monthly charge for refuse pickup shall be added to the monthly
utility bills prepared by the City,and collection of this charge shallbe made
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"by the Utility Collection Office at the time of payment of the monthlyutility
bill.Employees or agents of the City shall not accept payment of the utility
bill without collecting the full amount of the bill including the charge for
refuse collection.
SECTION lU-18.Penalty and Discontinuance of Service
If the refuse service charge is not paid by the due date shown on the
customer•s utility bill,the customer shall be charged a penalty in the amount
of ten per cent (10$)of the refuse charge,which shall be shown as the gross
amount on such bill.If not paid by the next billing date,the gross amount
will be shown in arrears on the customer's utility bill for the next month.
If the total amount of the next month's refuse service charges,including arrears
and current refuse service,is not paid by the due date specified on that month's
utility bill,then ten per cent (10$)of that month's refuse service charges
plus penalties will then be in arrears.A notice will then be sent to the
customer showing the total amount due and specifying a cut-off date for the
discontinuance of refuse service.
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