O-1851-7-00ORDINANCE NO. 1651-7-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 6, ARTICLE III SOLID WASTE BY
AMENDING THE REGULATIONS FOR SOLID WASTE COLLECTION; BY
ESTABLISBING FEES AND CHARGES FOR SOLID WASTE COLLECTION AND
RECYCLING SERVICES; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABB,ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: The Code of Ordinances of the City of Allen, Collar County, Texas, be and the same is hereby
amended by amending Chapter 6, Article Bl, in part to read as follows:
'ARTICLE IM SOLID WASTE
Sec 6-51. Definitions
' Sec. 6-52. Collection and recycling services mandatory; fees.
(a) All residents and commercial establishments within the City shall be required to use the
solid waste disposal and recycling services provided by the City, and pay the collection and
recycling fees and charges established by resolution of the City Council from time to time. The
fees and charges established hereby shall be on file with the City Secretary.
(b) Solid waste and recycling materials shall be collected in the City by ane or more
contractors which shall operate under a franchise granted by the City.
(c) The City shall be the sole provider of solid waste collection, including temporary rolloff
open top construction containers, residential and multi -family recycling services.
Sec. 6-53. Proper disposal.
The owner, occupant or person in control of any premises in the City which accumulates
refuse shall deposit the garbage, rubbish, brash and other refuse for removal by the contractor
designated by the City. The owner, occupant or person in control of premises shall maintain such
premises free of accumulation of all other refuse. All garbage, trash and refuse shall be placed at
locations and under such conditions deemed appropriate by the City.
Sec. 6-54. Storage and removal generally.
' The storage or keeping of garbage, rubbish, brush and refuse that is unsightly or a health or
fire safety hazard is prohibited. The City shall have the right to suspend or alter service many
premises where unsightly or unsanitary conditions have resulted from inadequate or insufficient
number of refuse containers.
(b) Polycart shall not be used for any purpose other than to contain and remove garbage.
Each poly -cart, bag, container and/or handle shall be placed at curbside for collection. Curbside
refers to that portion of the right-of-way adjacent to paved or traveled City roadways or alleys.
Garbage placed within poly -carts shall be contained m either plastic in paper bags. It shall be
unlawful to put construction debris, hot ashes, oil, clothes dissolvents, pool chemicals, car
batteries or any other hazardous substances into poly -carts.
Sec. 6-57. Frequency of collection.
Solid waste collection and recycling services shall be provided one (1) time weekly or as often
as necessary as determined by the City Manager or designee.
Sec. 6-58. Collection of bulky items and tree trimmings.
(a) Collection of bulky objects and tree trimmings from residential customers shall he
provided one (1) time monthly to residential customers and others using poly -carts fm garbage
collection. Tree trimmings shall be tied in bundles and not longer than four (4) feet in any
dimension and not heavier than forty (40) pounds in weight.
Ordinance No. 1851-7-00 Page 2
Sec. 6-55. Prohibited acts.
(a) It shall be unlawful for the owner, occupant or person in control of any premises to allow
garbage, hash or waste to be piled, placed or to accumulate an any sidewalk or street within the
City. All such garbage, trash and waste shall be placed in approved containers as provided for in
this Article.
(b) No person shall dump, throw, or place any garbage, rubbish, refuse, junk, ashes, filth,
waste paper, weeds, grass cuttings, rock or other waste matter of whatever kind in a on any public
sheet, alley, storm sewer, drainage structure, drainage channel or other public property.
(c) No person shall dump, throw or place any garbage, rubbish, refuse, junk, ashes, filth,
waste paper, weeks, grass cuttings, rock or other waste matter of whatever kind in or on any
private property in the City.
(d) Pilfering, scattering contents or meddling with garbage, rubbish, brush or containers by
any person other than owner, occupant or person of control of any premises is prohibited.
(e) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other
burning material in any container used for the disposal of garbage or rubbish.
(t) It shall be unlawful for any person to deposit any materials not included in the definitions
of garbage, rubbish and brush m any container used for the disposal of garbage, rubbish or brush.
'
Sea 6-56. Use of poly -cart receptacles.
(a) Every owner, occupant or person of control of any premises shall use poly -carts provided
by the City's contractor for garbage receptacles, or such other containers as authorized by this
Article. Poly -carts shall remain the property of the City's contractor and shall not be removed
from the premises for any reason other than replacement.
(b) Polycart shall not be used for any purpose other than to contain and remove garbage.
Each poly -cart, bag, container and/or handle shall be placed at curbside for collection. Curbside
refers to that portion of the right-of-way adjacent to paved or traveled City roadways or alleys.
Garbage placed within poly -carts shall be contained m either plastic in paper bags. It shall be
unlawful to put construction debris, hot ashes, oil, clothes dissolvents, pool chemicals, car
batteries or any other hazardous substances into poly -carts.
Sec. 6-57. Frequency of collection.
Solid waste collection and recycling services shall be provided one (1) time weekly or as often
as necessary as determined by the City Manager or designee.
Sec. 6-58. Collection of bulky items and tree trimmings.
(a) Collection of bulky objects and tree trimmings from residential customers shall he
provided one (1) time monthly to residential customers and others using poly -carts fm garbage
collection. Tree trimmings shall be tied in bundles and not longer than four (4) feet in any
dimension and not heavier than forty (40) pounds in weight.
Ordinance No. 1851-7-00 Page 2
(b) Unusual or heavy accumulation of bulky objects and tree trimmings shall be removed at
the expense of the owner, occupant or person in control of the premises in accordance with the
rates or fees established in this article.
Sec. 6-59. Residential collection fee.
(a) The fee for residential garbage collection and recycling services shall be established by
resolution of the City Council.
(b) The charge for residential garbage collection and recycling services shall be included on
the monthly utility billing of the owner, occupant or person in control of the premises. All
residential, single-family, duplex and mobile home utility customers shall receive garbage and
recycling services. Charges shall be due and payable on the date so indicated on the utility bill.
Charges not pard on or before the indicated date will be considered delinquent and shall be
charged a late penalty of ten percent (10%) of the amount due and unpaid. If such charges are not
paid within ten (10) days after the indicated due date, the customer's water service may be
discontinued and shall not be renewed until the full amount of said bill has been paid. A
residential customer's utility deposit shall be applied for payment of the customer's final garbage
and recycling bill only after satisfying all amounts due and unpaid for water and sewer services.
Sec. 6-60. Grass clippings.
The placement or comingling of grass clippings and leaves with garbage for collection is
prohibited.
Sec. 661. Commercial collection; multi -family recycling.
(a) The City's Contractor shall provide service and bill customers fm all categories of
contrnercial collection for which fees are established in this Article.
(b) The City's Contractor shall provide solid waste collection and recycling services fm
multi -family dwellings and shall directly bill the owner, or person in control of the premises for
the charges for such services.
(c) The City's Contractor shall provide solid waste collection services for temporary rolloff
open top construction containers. Contractor shall provide the temporary rolloff open top
construction containers for construction sites in the City.
Sec. 662. Other garbage collectors.
Except as otherwise provided herein, it shall be unlawful for any person to engage in the
business of collecting garbage or providing residential or multi -family recycling services within
the City except as may be specifically authorized by contract with the City.
Sec. 643. Private haulers.
The City Council may from time to time issue a permit under terms specified by the City to a
Private hauler to collect and remove solid waste for commercial, industrial m institutional
' customers. The permit holder shall be required to pay nonrefundable annual permit fees and such
franchise fees as required by the City.
Ordinance No. 1851-7-00 Page 3
Sec. 6.64. Transport of refuse.
' Vehicles transporting refuse shall be covered by a metal top, screening or canvas or in such
manner so as to prevent the escape of any trash or refuse.
Sec. 6-65. Wastes from tree trimming operations.
It shall be the duty of any person employing a contractor, tree trimmer, or other person to trim
in prime trees or shrubs to have said trimming removed from the premises at such person's
expense."
SECTION 2: Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law
and the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation that violates any of the provisions or terms of this ordinance
' shall be subject to penalty and upon conviction shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000) for each offense.
SECTION 6. This ordinance shall take effect on August 1, 2000, after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, provided, however, the amendment to
Section 6-61(c) of the Code or Ordinances shall take effect sixty (60) days after passage of this ordinance,
and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE�6j0_ DAY OF JULY , 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,
Ordinance No. 1851-7-00 Page 4
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