§ 33-18.23. Restrictions on removal of solid waste.

(a)

A person commits an offense if he removes from any garbage container or receptacle any dry or wet solid waste, or in any way interferes with any garbage container or receptacle.

(b)

It is a defense to prosecution under subsection (a) of this section that the person was:

(1)

A governmental employee in the performance of official duties;

(2)

A franchisee under this article performing solid waste collection service in compliance with the terms of this article and the solid waste collection franchise;

(3)

Any owner or occupant of the premises on which the container or receptacle is located.

(c)

Collection shall not be made within three hundred (300) feet of a residence earlier than 6:00 a.m., or later than 8:00 p.m., Mondays through Saturdays, and not at all on Sundays.

(d)

Collection times and traffic patterns at schools shall be coordinated with the school to avoid student drop-off and pick-up traffic and minimize noise during the school day.

(e)

This franchise shall apply only to the collection, transportation, handling, processing and disposal of municipal solid waste as defined by the Texas Commission on Environmental Quality or successor agencies, and to recyclable materials which have been diverted from the municipal solid waste stream.

(f)

Liquid waste, as defined by the Texas Commission on Environmental Quality or successor agencies, shall not be mixed with municipal solid waste.

(g)

Public alleys serving residential areas may not be used for access by waste or recyclable material collection trucks, unless alley is in conformance with standards set in section 33-9 of this chapter.

(h)

In the event of disaster, franchise holders will be expected to assist in cleanup by making additional collection equipment available to the city as required at regular rates.

(i)

Applicant shall file annually a listing of the various kinds of service available to customers.

(j)

Franchise holder's trucks shall be in good repair, properly registered with the director, inspected, and covered by insurance, and shall at all times be within legal wheel load limitations.

(k)

Franchisee shall provide containers to customers that are sufficient in size and number to hold the waste generated between scheduled collections. The scheduled collection frequency shall be a minimum once a week or of sufficient frequency, more than minimum, to remove trash before odor or litter problems develop. The franchisee shall maintain all containers in good repair, free of rust damage and broken sides, tops or bottoms, with properly operating lids, and shall keep them clean, free of accumulations of grime, objectionable material, and graffiti.

(l)

Franchisee shall coordinate collections and equipment features (e.g., locking devices) with customers so as to minimize the opportunity for scavenging of refuse by others.

(m)

Franchisee shall coordinate with customers so as to maintain the area surrounding waste or material containment equipment clean, and free from odors, accumulated debris, litter, vermin, and graffiti. Coordination with customer may include requiring upgrading size or number of containers or collections in the event the collection site is identified as a nuisance.

(n)

Franchisee shall require customer to keep off-road access to solid waste containers in good repair, free from ruts and holes, and of a design sufficient to support collection vehicles. Standing water in the access shall be drained or otherwise eliminated.

(o)

Special equipment provided by franchisee for volume minimization, e.g., compactors, shall be installed only in accord with the applicable codes and necessary permits, shall be free of hazard to operators, and to the public, and shall not constitute an attractive nuisance to children.

(p)

The franchise shall observe zoning ordinances and other applicable regulations in the placement of collection equipment. Collection equipment and commercial containers shall not be placed in the open space between a building face and adjoining a public right-of-way extending across the entire width of a lot or tract.

(q)

No franchise, customer, or any other person shall place collection equipment or commercial containers:

(1)

On curbs, or in the public right-of-way;

(2)

In a fire lane;

(3)

In a required parking space;

(4)

In any location that blocks vehicular or pedestrian traffic;

(5)

To obstruct intersection sight distances; or

(6)

To interfere with utilities.

(Ord. No. 8256, § 3, 12-4-03; Ord. No. 2008-8992, § 5, 11-20-08; Ord. No. 2017-9981, § 1, 9-21-17 )