Ordinance No. 8,545990325 -4
ORDINANCE NO. 8545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING A MEMORANDUM OF RENEWAL AND AMENDMENT TO THE ANNUAL
SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT BETWEEN THE CITY
OF BAYTOWN AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC., FOR THE ANNUAL
SOLID WASTE COLLECTION AND DISPOSAL SERVICES CONTRACT IN THE AMOUNT OF
ONE MILLION FOUR HUNDRED NINE THOUSAND SEVEN HUNDRED SIXTY AND NO/] 00
DOLLARS ($1,409,760.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and BF1 Waste Systems of North America, Inc., did enter in an Annual Solid
Waste Collection and Disposal Services Contract on April 8, 1996; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve the renewal of and an
amendment to such contract; THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Counci I of the City of Baytown, Texas, hereby authorizes the execution of the
Memorandum of Renewal and Amendment to the Annual Solid Waste Collection and Disposal Services Contract
between the City of Baytown and BFI Waste Systems of North America, Inc., in the amount of ONE MILLION FOUR
HUNDRED NINE THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS ($1,409,760.00) for a period
of one year, commencing on April 1, 1999. A copy of said contract is attached hereto, marked Exhibit "A," and made
a part hereof for all intents and purposes.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the
City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in
costs of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than twenty-five percent (25 %) or decreased by more than
twenty-five percent (25 %) without the consent of the contractor to such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City Council
of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this
the 25th day of March, 1999.
PETE C. ALFARO, M yor
ATTEST:
14 �_":2
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
I CIO RAMIREZ, SR., t ttorney
c: \MyDocuments% Council \Meetings \March\AmendDFl Solid WasteCon tract. doe
ID MEMORANDUM OF RENEWAL AND AMENDMENT
TO THE
CITY OF BAYTOWN
ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES
CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 8"' day of April, 1996, the City of Baytown (the "City") and BFI Waste
Systems of North America, Inc., (the "Contractor ") entered into an Annual Solid Waste Collection
and Disposal Services Contract, which was amended and renewed in April 1997, and again renewed
in April 1998 (collectively herein referred to as the "Contract "); and
WHEREAS, Article XIII of the Contract authorizes the City to extend the agreement for four
(4) additional one -year periods if the extension is agreed to in writing and signed by the parties
thereto; and
WHEREAS, the Contract provides that the price of any renewal of the Contract may be
increased based upon the Consumer Price Index of the month prior to the expiration date; and
WI-EREAS,.based upon such index, Contractor has increased its prices from $7.01 per unit
per month, to $7.12 per unit per month, less any amounts which may be deducted or withheld from
such compensation pursuant to the Contract; and
WHEREAS, the City of Baytown now desires to renew and amend the Contract with the
Contractor for solid waste collection and disposal services;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, words and phrases as used in this
Memorandum of Renewal and Amendment (the "Memorandum ") shall have the same meanings as
in the Contract.
Memorandum of Renmal and Amendment, Pagc I
EXHIBIT A
0 II.
0
Pursuant to Article XIII of the Contract, the Contractor and the City hereby renew the
Contract under the same terms and conditions and as amended herein. This Memorandum shall be
effective commencing on the 151 day of May, 1999, and shall remain in force for a period of time not
to extend beyond the 30`h day of April, 2000, unless terminated sooner by the City Manager or his
designee.
III.
Article I of the Contract is hereby amended to read as follows:
1.
SCOPE
Contractor agrees to furnish all the labor, equipment and material for the
collection of residential solid waste and for the disposal of the waste and to do all
work and services in a timely and workmanlike manner as is necessary to complete
services as required herein. The Contractor shall collect garbage, trash, and brush in
full compliance with Chapter 86 of the Code of Ordinances of the City of Baytown,
which is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes. However, the Contractor shall not be required to comply with Sections
86 -196 and 86 -228 of the same when performing services under this Agreement.
IV.
Article II of the Contract is hereby amended to revise the definition of Unit to read as follows:
II.
DEFIMTIONS
As used in this Agreement, the following words and phrases, unless clearly indicated
otherwise by content, shall mean:
Unit: means any single family residence, multifamily residence in
complexes of eight (8) or less units, small business as defined
in Chapter 86 of the Code, and not - for - profit facilities as
identified by the City Manager.
Memorandil]tl of Renewal and Amendment, Page 2
0 V.
The two paragraphs under the subtitle "Collection Services" contained in Article III of the
Contract shall be revised to read as follows:
III.
CONTRACTOR'S RESPONSIBILITIES
Collection Services: Contractor hereby covenants and agrees to collect
garbage and bulky waste on a regularly scheduled basis, twice a week in the service
area in conformance with all applicable laws and ordinances of the City, including, but
not limited to, Chapter 86 of the Code of Ordinances of the City of Baytown. The
City reserves the right by and through its City Manager to add and /or delete the
number of units based on the billing records of the City, which shall be adjusted on
a monthly basis for payment purposes. City facilities dependent on residential route
pick -up shall be served on a no -cost basis.
Refuse from small businesses as defined in Chapter 86, Article III of the Code
shall be collected only as authorized by the City. Loose brush, furniture, unsorted
yard waste, etc., are not included as part of this contract.
VI.
Article IV of the Contract shall be revised to read as follows:
IV.
CITY'S OBLIGATION
The City's sole obligation under this Agreement is to pay Contractor $7.12
per unit per month, Iess any amounts which may be deducted or withheld from such
compensation pursuant to this Agreement. The Contractor shall invoice the City
monthly. Such invoices shall be submitted as of the last day of each month,
accompanied by a report evidencing the work which was performed and shall include
the last full week of each month. Invoices shall be paid by the City within thirty (30)
days of receipt of such invoice.
Vil.
The provisions of this Memorandum and the provisions of the Contract should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Memorandum and the provisions of the Contract, the provisions of this
® Memorandum shall control.
Mcmorandum of Renewal and Amendment, Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same agreement, this the day of March, 1999.
CITY OF BAYTOWN
MONTE MERCER, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMfREZ, S ity Attorney
CONTRACTOR
BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.
Ray Bell, District Vice President
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day
personally appeared Ray Bell in his capacity as District Vice President of BFI Waste Systems of
North America, Inc., on behalf of such corporation,
known to me,
proved to me on the oath of ; or
through his current {description of
identification card or other document issued by the federal government or any state government that
® contains the photograph and signature of the acknowledging person}
Mcmorand= oC Renewal and Amendment, Page 4
I& (✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal.of office this day of , 1999.
Notary Public in and for the State of Texas
My commission expires:
I* C:WhI5211'ublicWorls�l mend BFISolidWacteContr:ict1999C[can
Memorandum of Renewal and Amendment, Page 5
*Charter reference(s) -- Garbage disposal, § 11; creation of health department, § 22.
Cross reference(s)-- Buildings and building regulations, ch. 18; sanitation standards for
leased multifamily dwellings, § 18 -749; space, occupancy, structural, mechanical and fire
protection requirements for urban rehabilitation, § 126 -141 et seq.; environment, ch. 34; health
and sanitation, ch. 42; garbage and refuse in food establishments, § 42 -140; manufactured
homes, mobile homes and parks, ch. 58; refuse handling in mobile home parks, § 58 -148; litter
in parks, § 70 -10; utilities, ch. 98.
State law reference(s)- -Solid waste disposal, V.T.C.A., Health and Safety Code § 361.011 et
seq.
ARTICLE I. IN GENERAL
Sec. 86 -1. 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:
Approved residential waste container means that container described in section 86 -32.
-- Brush means limbs and other cuttings from branches of trees and shrubs.
Garbage means kitchen and household waste including food containers, but not
including sewage or dead animals.
Heavy trash means furniture, equipment, shipping boxes and other bulky items, but not
building materials.
Yard waste means leaves, lawn trimmings and other loose plant material.
(Code 1967, § 14 -1; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 3951, § 1, 9- 27 -84; Ord. No. 3998, §
1, 11 -8 -84; Ord. No. 4484, § 1, 6- 26 -86)
Cross reference(s) -- Definitions generally, § 1 -2.
Secs. 86- 2-- 86 -30. Reserved.
ARTICLE II. RESIDENTIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 86 -31. Compliance required.
(a) All residential garbage, heavy trash, yard waste and brush shall be disposed of by the
person in charge of the premises by the methods set forth in this article. It shall be
unlawful to dispose of garbage, heavy trash, yard waste or brush in any other manner. A
® person commits an offense if he places or throws any garbage, heavy trash, yard waste
or brush on the streets or in the alleys of the city at any time. It is specifically provided
EXHIBIT A
® that no person shall throw or place any garbage, heavy trash, yard waste or brush in
any gutter or other drainage facility within the city. It shall be unlawful for any person to
pick from or disturb any garbage, heavy trash, yard waste, brush or special items set out
for collection without permission of the person in charge of the premises.
(b) The fire chief, the police chief, as well as the directors of public works, health,
engineering and inspections and planning and community development are authorized
to enforce this chapter and to make all necessary inspections, issue citations, give
notice, file applicable charges and otherwise cooperate in the enforcement under this
chapter.
(c) Solid waste services described in this article are provided in return for payment as
outlined in division 3 of this article.
(Code 1967, § 14 -2; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 7717, § 1, 6- 13 -96; Ord. No. 8289, §
1, 5- 28 -98)
Sec. 86-32. Containers.
Unless expressly prescribed otherwise, in this chapter, a container for garbage shall
consist of the following:
(1) A garbage can made of metal, plastic or other synthetic material with a tightfitting
lid that is not less than ten gallons or more than 30 gallons in size, that is
leakproof and having no jagged or sharp edges and that is not too bulky to allow
safe garbage collection; or
(2) Plastic bags having a minimum thickness of 1.5 mil and a capacity of not less
than ten or more than 30 gallons.
(Code 1967, § 14 -1(d); Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 3951, § 1, 9- 27 -84; Ord. No.
3998, § 1, 11 -8 -84; Ord. No. 4484, § 1, 6- 26 -86)
Sec. 86 -33. Disposal of garbage.
All garbage shall be disposed of only in approved residential waste containers. Metal
cans shall be watertight of a solid or durable grade of metal, of not more than 30- gallon
capacity, with useable handles on both sides. All cans shall have a closefitting lid. Plastic bags
shall not have more than a 30- gallon capacity and shall be closed by cord, wire or rubber band,
in such manner as to prevent leakage of the contents.
(Code 1967, § 14 -4; Ord, No. 4484, § 2, 6- 26 -86)
Sec. 86 -34. Disposal of heavy trash.
Heavy trash may be disposed of by placing it alongside approved residential waste
containers.
(Code 1967, § 14 -5; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -35. Disposal of brush.
Brush may be disposed of in approved residential waste containers or neatly stacked
near the roadway. No other material may be placed with brush.
(Code 1967, § 14 -6; Ord. No. 2019, § 2, 6- 10 -76)
® Sec. 86 -36. Disposal of yard waste.
Yard waste may only be disposed of in approved paper bags.
® Sec. 86 -37. Weight of garbage.
All garbage shall have a maximum weight of 60 pounds per container.
(Code 1967, § 14 -7; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -38. Penalty for violation of article.
Violators of this article shall be punished, upon conviction, as provided in section 1 -14.
Secs. 86- 39-- 86 -65. Reserved.
DIVISION 2. COLLECTION
Sec. 86-66. Placement.
All garbage, heavy trash, yard waste or brush shall be placed on the property of the
producer of such garbage, heavy trash, yard waste or brush within the street right -of -way or
alleys designated by the city council for collection. No collection will be made at any other
location.
(Code 1967, § 14 -9; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86-67. Time.
Garbage, heavy trash, yard waste or brush will set out for collection by 7:30 a.m. on the
day of collection. All containers shall be removed from the street right -of -way on the date of
collection.
(Code 1967, § 14 -10; Ord. No. 4484, § 3, 6- 26 -86)
Sec. 86-68. 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 scheduled day of
collection.
(Code 1967, § 14 -11; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -69. Heavy trash.
The collection of heavy trash shall be made at the same time as the collection of
garbage as prescribed in section 86 -68.
(Code 1967, § 14 -12; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -70. Yard waste.
The collection of yard waste shall be made one time per week on a regularly scheduled
basis.
(Ord. No. 8289, § 2, 5- 28 -98)
Sec. 86-71. Brush.
(a) The collection of brush shall be made one time per month on a scheduled basis.
(b) Brush collected by the city shall not exceed ten cubic yards of clean material per
residential unit each month. Material in excess of this limit shall be the responsibility of
the resident for proper hauling and disposal.
(Code 1967, § 14 -13; Ord. No. 2019, § 2, i6- 10 -76; Ord. No. 4296, § 1, 10- 24 -85; Ord. No.
4549, § 1, 9- 25 -86; Ord. No. 6527, § 1, 1- 28 -93; Ord. No. 8289, § 3, 5- 28 -98)
Sec. 86 -72. Confiscation of improper containers.
Any container which allows the contents to leak or fall out or which has jagged or sharp
edges that might cause injury or any garbage container without a tightfitting cover is declared to
be a public nuisance and shall be picked up and destroyed by the public works department.
(Code 1967, § 14 -15; Ord. No. 4484, § 5, 6- 26 -86)
Secs. 86- 73 - -86 -100. Reserved.
DIVISION 3. FEES AND CHARGES AND BILLING PROCEDURE
Sec. 86 -101. Charge for collection
(a) Each occupied residential unit within the city limits shall be charged the sum of $12.56,
plus applicable sales tax, per. month for city refuse collection services. This charge is
based on the availability of city removal and disposal services and shall be collected
regardless of whether or not the occupant of a residential unit places any refuse out for
collection.
(b) When the owner of an unoccupied residential unit certifies in writing to the utility
collections office that the unit is unoccupied, the monthly charge from that time forward
shall not be assessed for as long the unit remains unoccupied.
(c) When the head of the household of a residential unit certifies in writing to the utility
collections office that he is over 65 years of age and that he will place no more than one
30- gallon can or one 30- gallon plastic bag of refuse at his residential unit for collection
on each regularly scheduled collection day, the monthly charge will be $9.80 plus
applicable sales tax.
(d) For multifamily dwelling unit projects containing eight dwelling units or less, the monthly
charge for collection of refuse shall be $12.56, plus applicable sales tax, times the
number of occupied units in the project.
(e) A multifamily unit that exceeds eight dwelling units will be considered a commercial
multifamily unit, and no city collection will be provided.
(Code 1967, § 14 -16; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 2081, §§ 1, 2, 9- 23 -76; Ord. No.
2739, § 1, 9- 27 -79; Ord. No. 2975, § 1, 9- 25 -80; Ord. No. 3230, § 1, 9- 24 -81; Ord. No. 3462, §
1, 9- 24 -82; Ord. No. 3714, § 1, 11- 10 -83; Ord. No. 4270, § 1, 9- 26 -85; Ord. No. 5100, § 1,
9- 22 -88; Ord. No. 5349, § 1, 9- 14 -89; Ord. No. 5471, § 1, 2- 22 -90; Ord. No. 6009, § 1, 9- 26 -91;
Ord. No. 6350, § 1, 9- 24 -92; Ord. No. 6527, § 2, 1- 28 -93; Ord. No. 6776, § 1, 9- 23 -93; Ord. No.
7393, § 1, 9- 14 -95)
Sec. 86 -102. 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 shall be made by the utility collection office at the time
of payment of the monthly utility bill. City employees or agents shall not accept payment of the
40 utility bill without collecting the full amount of the bill, including the charge for refuse collection.
® (Code 1967, § 14 -17; Ord. No. 2019, § 2; 6- 10 -76)
Sec. 86 -103. Penalty and discontinuancb 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 percent 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, ten percent of that
month's refuse service charges plus penalties will then be in arrears. A notice will be sent to the
customer showing the total amount due and specifying a cutoff date for the discontinuance of
refuse service.
(Code 1967, § 14 -18; Ord. No. 2019, § 2, 6- 10 -76)
�Y:�•�i IiL �•~ Qi KIF>! Oki
ARTICLE III. COMMERCIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 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 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 ieachates 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.
Brush means the cuttings or trimmings from trees, shrubs or lawns and similar
materials.
Building waste means waste generated by construction or demolition of buildings or
other structures.
Commercial 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 waste into or on any land, water or container.
Garbage means putrescible animal and vegetable waste generated by the acquisition,
handling, preparation, cooking, service or consumption of food.
Junk means discarded or used appliances, machinery, vehicles, plumbing, gas and
electrical fixtures, wires, pipes, metals and other similar materials and things when found in
quantity.
® Leachate means liquid that has passed through or emerged from putrescible waste or
that contains soluble, suspended or miscible materials from other commercial waste.
Maintain means to passively permit to remain or actively refuse to remove.
Notice means actual notice or notice in writing, sent by registered or certified mail with
return receipt requested and addressed to the owner or the registered agent of the owner of
property at the location of the property, the address shown for the owner by the tax records of
the city, or the address of the registered agent reflected by the records of the secretary of state.
Notice given in writing in accordance with this article is presumed to have been received no
later than five days after it was sent.
Public sewer system means all gutters, drains, pipes, lift stations, canals, equipment
and plants of both storm and sanitary sewer systems.
Putrescible waste means wastes capable of being decomposed by microorganisms with
sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for
or attracting birds or vectors, and includes garbage, human and animal wastes and leachate.
Small business means a commercial facility or multifamily residential property having
eight or fewer offices or dwelling units whose refuse is residential in nature.
Trash means nonputrescible solid waste consisting of both combustible and
noncombustible materials including paper, rags, cartons, wood, excelsior, furniture, rubber,
plastics, glass, crockery, cans, metal furniture and similar materials.
Vector means rodents, flies and mosquitoes.
Waste means both commercial and residential waste.
(Code 1967, § 14 -20; Ord. No. 3728, § 1, 12- 14 -83; Ord. No. 8151, § 6, 12- 16 -97)
Cross references) - - Definitions generally, § 1 -2.
Sec. 86 -132. Refuse.
(a) The city shall not collect garbage, trash or brush from commercial establishments other
than certain small businesses that contract with the city for collection pursuant to
division 2 of this article. Apartment complexes, recreational vehicle parks or
manufactured home parks exceeding eight units shall be considered commercial
establishments.
(b) The city shall not collect brush resulting from tree cutting by a commercial business.
Commercial business as used in this subsection shall mean any person engaged in the
occupation or work of cutting trees on a full- or part -time basis and who actively solicits
such business by advertising or other means.
(c) The collection and disposal of commercial garbage, trash and brush shall be carried out
in a safe, sanitary and timely manner.
(d) It shall be an offense for any person to put out or cause to be set out for collection any
brush or special items resulting from tree cutting by a commercial business.
(Code 1967, § 14 -3; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 2869, § 1, 4- 10 -80; Ord. No. 5221, §
1, 3 -9 -89; Ord. No. 8151, § 5, 12- 16 -97)
Sec. 86 -133. Collection of waste generally.
The city shall not collect commercial 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 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.
(Code 1967, § 14 -21; Ord. No. 3728, § 1, 12- 14 -83; Ord. No. 5221, § 2, 3 -9 -89)
Sec. 86 -134. Unlawful maintenance of (waste.
(a) A person commits an offense if he intentionally or knowingly transports or maintains
commercial waste, except within ail approved commercial 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 1 -14
(Code 1967, § 14 -22; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -135. Unlawful disposal of waste.
(a) A person commits an offense if he intentionally or knowingly disposes of commercial
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.
(Code 1967, § 14 -23; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -136. Unlawful placement of containers.
(a) A person commits an offense if he intentionally or knowingly places a commercial 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.
(Code 1967, § 14 -24; Ord, No. 3728, § 1, 12- 14 -83)
Sec. 86 -137. Failure to care for container.
(a) The owner of a commercial 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.
(Code 1967, § 14 -25; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -138. Health and fire hazards.
(a) A person commits an offense if he intentionally or knowingly maintains waste in such
manner that it tends to constitute a health or fire hazard.
(b) It is presumed that waste tends to constitute a health hazard if:
(1) It is a breeding place for or infested with vectors.
(2) Putrescible waste is present which is not totally enclosed within an approved
waste container.
(c) It is presumed that waste tends to constitute a fire hazard if:
(1) Combustible waste is maintained in close proximity to a heat or flame source.
(2) Material subject to spontaneous combustion is maintained outside an airtight
container.
(d) An offense under this section is punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -26; Ord. No. 3728, § 1, 12- 14 -83)
Cross reference(s)- -Fire prevention and protection, ch. 38.
Sec. 86 -139. Removal of waste containers from public right -of -way.
Under this article, any waste container found upon a public right -of -way after notice may
be removed or caused to be removed at the owner's expense.
(Code 1967, § 14 -27; Ord. No. 3728, § 1, 12- 14 -83)
Secs. 86-140--86-165. Reserved.
DIVISION 2. SMALL BUSINESS WASTE COLLECTION SERVICE
Sec. 86 -166. Contract for garbage collection.
The city department of public works shall have the right to contract with certain small
local businesses and professional offices for garbage service. The contract shall specify the
maximum quantity of bags to be disposed of weekly and the rate to be charged. The charges
shall be $25.50 per month for up to five bags per week, and for each additional bag per week
the charge shall be $2.00 per month. The director of public works shall contract only with those
who wish the service and who are located near existing residential customers.
(Code 1967, § 14 -29; Ord. No. 5221, § 3, 3 -9 -89; Ord. No. 6837, § 1, 10- 14 -93; Ord. No. 7431,
§ 1, 9- 28 -95)
Sec. 86 -167. Applicability to residential collection.
Those small businesses who choose to contract with the city for garbage service shall
be subject to article II of this chapter the same as residential customers, except as otherwise
provided in this division.
(Code 1967, § 14 -30; Ord. No. 5221, § 3, 3 -9 -89)
Sec. 86 -168. Approved containers.
Only plastic bags as described in subsection 86 -32(2) shall be approved for use by
small businesses contracting with the city for garbage collection.
(Code 1967, § 14 -31; Ord. No. 5221, § 3, 3 -9 -89)
Secs. 86-169--86-195. Reserved.
ARTICLE IV. PRIVATE COLLECTION VEHICLES
0 DIVISION 1. GENERALLY
Sec. 86 -196. Gross receipts tax.
(a) There is levied a monthly tax equal to ten percent of the total gross receipts of all
persons collecting garbage, trash and rubbish within the city limits.
(b) Each private person collecting garbage, trash and rubbish within the city limits and using
the city streets shall file a monthly report with the city finance director showing the total
amount of his gross receipts collected from his customers for such services during each
month and shall file the report and pay the ten percent on or before the tenth day of the
succeeding month.
(c) Upon reasonable notice, each such person shall make his books and records available
to the city finance director to enable him to determine the correctness of any report of
such person's gross receipts filed with the city as required by this section.
(d) If any person shall fail or refuse to file a monthly report showing his gross receipts, his
permit shall be automatically revoked and terminated, unless for good cause the city
council shall extend such time.
(Code 1967, § 14- 32(c)(2) - -(5); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Cross reference(s) -- Taxation generally, ch. 90.
Secs. 86-197--86-225. Reserved.
DIVISION 2. PERMIT
Sec. 86 -226. Required.
Each private person collecting garbage, trash and rubbish within the city shall apply to
the city clerk for a waste collection permit.
(Code 1967, § 14- 32(a)(1); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -227.
Application.
Each
private person collecting garbage must submit the following information on the
waste collection
permit application:
(1)
The name and address of the owner and the name of his company;
(2)
The make, model and type of vehicle to be operated by the applicant;
(3)
Whether the vehicle shall be operated by the owner or his employee with a bona
fide employer - employee relationship;
(4)
Whether the applicant proposes to own, rent or lease the vehicle to be used; and
(5)
Proof of the following insurance:
a. Automobile liability insurance of no less than $20,000.00 for bodily injury
to or death of one person in any one accident and, subject to such limit
for one person, in the amount of $40,000.00 for bodily injury to or death
of two or more persons in any one accident and in the amount of
$15,000.00 for injury to or destruction of property of others in any one
accident.
b. Commercial general liability insurance with an aggregate of $500,000.00
and a per occurrence limit of $250,000.00.
® Such insurance shall be written by an insurance carrier licensed to do business
in this state and shall provide that coverages afforded under the policy will not be
canceled, suspended, voided or reduced until at least 30 days' prior written
notice has been given to the city via certified mail, return receipt requested.
Additionally, the city shall be added as an additional insured on the policy, and
the coverage shall contain no special limitation on the scope of protection
afforded to the city. If the policy does not provide coverage for "any auto ", then a
schedule of the covered autos is required to be submitted and filed with the city
clerk. Only those covered autos will be permitted to operate within the city.
(Code 1967, § 14- 32(a)(2); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -228. Fee.
Under this division, an annual permit fee of $20.00 per vehicle shall be required of all
private persons collecting garbage, trash and rubbish within the city limits.
(Code 1967, § 14- 32(c)(1); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -229. Display.
Each private person collecting garbage, trash and rubbish within the city limits shall
display the waste collection permit on the front windshield of each vehicle.
(Code 1967, § 14- 32(b); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
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