O-2979-1-11ORDINANCE NO. 2979.1-11
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 6, "HEALTH AND ENVIItONMENT', ARTICLE III, "SOLID WASTE,";
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds that it is in the best interest, health, safety and welfare of the city to
amend Chapter 6 of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 6, Article BI, of the Code of Ordinances of the City of Allen, Collin County, Texas,
be, and the same is hereby amended in part to read as follows:
"Chapter 6 HEALTH AND ENVIRONMENT
... ARTICLE III. SOLID WASTE
Sec. 6-51. - Definitions.
When used in this article, the following terms will have the meanings so assigned to them.
Bags shall mean plastic sacks, designed to store refuse with sufficient wall strength to
maintain physical integrity when lifted by the top. The total weight of a bag and its contents shall
not exceed thirty-five (35) pounds.
Brush shall mean plants or grass clippings, leaves or tree trimmings.
Bulky wastes shall mean stoves, refrigerators, water heater tanks, washing machines,
furniture and other waste materials other than construction debris, dead animals, hazards waste or
stable matter with weights or volumes greater than those allowed for containers.
Commercial or industrial shall mean any structure or business other than residential,
including hotels, motels, restaurants, structures containing more than four (4) dwellings and
residential care facilities.
Commercial garbage shall mean all normal establishment waste products of commercial
buildings or establishments and including multifamily dwellings other than private residences, other
than sewage and body waste, manure, dead animals over ten (10) pounds in weight, large tree
trimmings, demolition or remodeling debris or any other waste material that cannot be broken down
to fit into the regular garbage containers herein specified.
' Contractor shall mean such private firm as may he designated or permitted by the city for
the collection, transportation and/or disposal of the solid waste.
Dead animals shall mean animals equal to or greater than ten (10) pounds in weight that
have expired from any cause except those slaughtered or killed for human use.
' District shall mean the North Texas Municipal Water District.
Household hazardous waste (HHW) shall mean chemicals typically used to maintain a
residential customers home, yard, swimming pool, spa, and private vehicles. HHW does not
include: any amount of chemicals or hazardous waste generated by businesses, home -operated
businesses, or hobbies; substances that are regulated by the federal government, including, but not
limited to, asbestos, ammunition, explosives, gunpowder, biohazards, mercury, arsenic,
photographic processing chemicals, expired medication, nucleadradioactive materials, electronic
waste; or any HHW-qualifying chemicals in quantities exceeding typical residential quantities,
typically limited to less than five (5) gallons. Unidentified chemicals are not accepted by the city as
HHW.
Nonresident shalt mean persons residing other than within the boundaries of the City of
Allen, Collin County, Texas.
Person shall mean any natural person, firm, corporation, organization or municipal entity,
incorporated or unincorporated, other than the City of Allen, Collin County, Texas.
Premises shall mean all public and private establishments, including individual residences,
all multifamily dwellings, residential care facilities, hospitals, restaurants, schools, businesses, other
buildings and all vacant lots.
' Recyclable materials shall mean post -consumer products that are not place in a land fill or
incinerated, but are diverted from the waste stream for reuse or reprocessing as another product.
Refuse shall mean all solid waste materials.
Residential shall mean any structure or premises used for permanent living quarters of
whatever type, including conventional single-family residences, duplexes, multifamily residences,
apartments or mobile homes.
Residential garbage shall mean all normal household waste of private residences and
multifamily dwellings of not more than four (4) units, especially including waste of food, but not
including sewage and body waste, manure, dead animals over ten (10) pounds in weight, large tree
trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down
to fit into the regular garbage container herein specified.
Residents shall mean persons residing within the limits of the City of Allen, Collin County,
Texas.
Rubbish shall mean non-putrescible and putrescible solid waste that is commonly
understood to be trash or garbage.
Solid waste shall mean all non -hazardous and non -special solid waste material, including
unwanted or discarded solid or semisolid waste material that may cause impairment to the quality of
life, provided that such material must be of a type and consistency to be lawfully accepted at the
sanitary landfill under federal, state and local laws. Solid waste does not include recyclable
materials.
Ordinance No. 2979-1-11, Page 2
Unusual accumulatiomr shall mean (a) for residences, each bulky wastes collection, more
than five (5) bulky objects or more than five (5) bundles of tree trimmings or more than fifteen (15)
' yard waste bags weekly; and (b) for commercial establishments, accumulations that would not occur
in the ordinary course of business.
Sec. 6-52. - Collections, household hazardous waste, and recycling services mandatory; fees.
(a) All persons, companies, corporations, businesses, residential, industrial and commercial
establishments within the city shall be required to use the solid waste disposal and recycling
services provided by the city; all single-family residential accounts receiving monthly bills
for solid waste services shall be required to use the household hazardous waste services
provided by the city, and pay the solid waste collection, recycling, and household hazardous
waste charges established by resolution of the city council from time to time.
(b) Solid waste and recycling materials shall be collected in the city by one (1) or more
contractors which shall operate under a franchise or permit granted by the city.
(c) The city shall be the sole provider of solid waste collection, including temporary roll -off
open top construction containers, residential and multifamily recycling services.
(d) It shall be unlawful for any person, business, company or corporation to engage in the
business of solid waste collection removal and transport in the city without first having
obtained a franchise or permit therefore from the city.
Sec. 6.53. - Proper dispia n .
' The owner, occupant or person in control of any premises in the city which accumulates
refuse shall deposit the garbage, rubbish, brash, recyclables, and other refuse for removal by a
contractor that is franchised or permitted 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.
(a) The storage or keeping of garbage, rubbish, brush and refuse that is unsightly or a health or
fire hazard is prohibited. The city shall have the right to suspend services or direct the
alteration of refuse services at the customer's expense to any premises or service address
where unsightly or unsanitary conditions have resulted from an insufficient number of hauls
or inadequate or insufficient number of refuse containers.
(b) Customers are required to load commercial containers, both temporary construction roll off
containers and compactor containers, with wastes in such a manner that the combined weight
of the vehicle and hauled container (Gross Vehicle Weight) is a maximum of 54,000 pounds.
This limits the containers weight to approximately 12,000 pounds of loaded material. The
City may require customers who repeatedly violate this provision to undergo weight control
training with the franchised waste hauler or with their contracted container provider, to add
scheduled hauls to their pick up schedule, and/or to replace the container they utilize with a
smaller sized container. The waste hauler may also require customers, at the customers' time
' and expense, to remove materials from containers that either appear or upon loading cause
concern to the equipment operator to the extent that the operator believes the load exceeds a
total Gross Vehicle Weight of 54,000 pounds of materials.
Ordinance No. 2979.1-11, Page 3
Sec. 6-55. - Prohibited acts.
' (a) It shall be unlawful for the owner, occupant or person in control of any premises to allow
garbage, trash or waste to be piled, placed or to accumulate on any sidewalk, alley 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, dirt, ashes, filth,
waste paper, weeds, grass cuttings, household hazardous waste, rock or other waste matter of
whatever kind in or on any public street, alley, storm sewer, drainage structure, drainage
channel or other public property.
(c) No person shall dump, throw or place any garbage, rubbish, refuse, junk, dirt, ashes, filth,
waste paper, weeds, grass cuttings, household hazardous waste, 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, recyclable materials,
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. This includes
depositing of ash and wood fire residual materials that have not completely cooled
throughout.
(f) It shall be unlawful for any person to deposit any materials not included in the definitions of
garbage, rubbish and brush in any container used for the disposal of garbage, rubbish or
brush.
(g) Dumping of any residential or commercial garbage, rubbish, brush, junk, construction
materials, appliances, furniture, grease, solvents, petroleum products, vehicle and vehicle
parts in any place and in any manner is prohibited.
(h) It is a violation of this section for property owners to allow dumping or littering to take place
on any property under their control and supervision.
(i) Dumping or disposing of any garbage or waste of any type in a container leased, owned or
controlled by another person or entity is considered theft of service and is prohibited. The
presence of any materials bearing the name or address of a person or entity shall itself be
considered proof of theft of services since they received the benefit of the theft.
Q) The draining or discharging of pesticides, grease, petroleum products, paints, sewage, septic
tank, or grease trap waste, cooling towers, etc., and toxic chemicals onto any property,
streets, alleys or storm sewers is prohibited.
(k) No improper, infectious or hazardous wastes shall be deposited at any location within the
city regardless of consent of the property owner or the consent of a customer who is paying
for the residential or commercial waste services where the materials are deposited.
Improper, infectious and hazardous materials shall not be placed in poly carts, trash
compactors, any size or type of commercial trash container, temporary construction open -top
containers, or delivered to any transfer station or landfill. The disposal of improper,
infection our household hazardous waste shall be in accordance with the regulations and
Ordinance No. 2979-1-11, Page 4
policies of the Texas State Health Department and the Texas Commission on Environmental
Quality. The City may require customers who repeatedly violate this provision, at the
' customer's time and expense, to itemize all materials deposited into containers in order for
the waste services provider to monitor for possible contaminants.
(1) No person, corporation, or other form of business entity, unless pursuant to a City franchise
or permit with the City, shall be permitted to gather, collect, pick up or cause to be picked up,
any recyclable material which has been placed in a residential or commercial recycling
container.
Sec. 6-56. - Use of polycart receptacles.
(a) Every residential property owner, occupant or person of control of any premises shall use
polycarts provided by the city's contractor for garbage and recycling receptacles, or such
other containers as authorized by this article. Polycarts shall remain the property of the city's
contractor and shall not be removed from the premises for any reason other than
replacement.
(b) Polycarts shall not be used for any purpose other than to contain and remove garbage. Each
polycart, bag, container and/or bundle 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 polycarts shall be securely contained in either plastic or paper
bags. It shall be unlawful to put construction debris, hot ashes, oil, clothes solvents, liquids,
pool chemicals, car batteries or any other hazardous substances into polycarts.
(c) All garbage, trash and recyclables shall be placed inside appropriate polycarts. Polycarts
shall be kept completely closed to prevent littering and to render contents inaccessible to
insects, rodents, and other animals. Cleanliness and integrity of polycart shall be maintained
and when damaged, replaced by user, occupant or owner of premises. The franchised or
permitted waste provider is responsible for replacement and/or repair of containers due to
reasonable wear and tear.
(d) Residential customers - all polycarts, bulky items, tree trimmings, recycling containers, and
grass clippings to be collected shall be placed for collection not earlier than 6:00 p.m. prior
to the day of scheduled collection. No empty polycarts or recycling containers shall be
allowed to remain at the collection point after 12:00 midnight of the scheduled pick up day.
Polycarts picked up from a public street shall be stored adjacent to the garage or house or
placed behind the front face of the building. Polycarts picked up from an alley shall be stored
on private property behind the alley's fence line and back from the alleyway.
(e) Business customers utilizing 95 -gallon poly carts for trash or recycling services are limited to
once weekly pick up on the same day the local neighborhood is scheduled for residential
trash collection. Commercial customers are limited to a combined total of eight trash and
recycling carts collected weekly. Customers requiring more than a total of eight carts shall
instead contract with the franchised waste services provider for a front load waste container
that shall be serviced from a masonry enclosure built to City standards.
Sec. 6-57. - Frequency of collection.
' (a) Residential solid waste and yard waste collection services shall he provided one (1) time
weekly; and recycling services shall be provided every other week. Tree trimmings placed
out for weekly yard waste collections shall be tied in bundles not longer than four (4) feet in
Ordinance No. 2979-1-11. Page 5
any dimension and shall not be heavier than forty (40) pounds in weight. This service
schedule may be modified as necessary.
' (b) Residential household hazardous waste services shall be provided on a call-in basis and
scheduled for curbside or alley side pick-up at the residence requesting the service. This
service schedule may be modified as necessary as determined by the city manager or
designee. The city is not licensed to operate a drop-off HHW collection program.
Sec. 6-58.. Collection of balky items and tree trimmings.
(a) Collection of bulky objects and up to three (3) cubic yards of loose tree trimmings from
residential customers shall be provided one (1) time monthly to residential customers on a
call-in basis. Bulky pickup items shall be secured or contained to prevent littering. This
service schedule may be modified as necessary as determined by the city manager or
designee.
(b) Unusual or heavy accumulation of bulky objects, fence materials, remodeling debris, and tree
trimmings shall be removed at the expense of the owner, occupant or person in control of the
premises.
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 and included in appendix C.
' (b) The charge for residential garbage collection, recycling services and household hazardous
waste 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 collection, recycling services, and household
hazardous waste services. Charges shall be due and payable on the date so indicated on the
utility bill. Charges not paid on or before the indicated date will be considered delinquent
and shall be charged a late penalty of ten (10) percent of the amount due and unpaid. If such
charges are not paid within ten (10) days after the indicated due date, the customers 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 first for payment of the
customers final garbage and recycling bill and the remaining funds, if any, shall be refunded
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. 6.61. - Commercial and multifamily collection and containers.
(a) The city's franchised solid waste provider shall provide service and bill customers for all
categories of commercial collection for which fees are established in this article and included
' in appendix C to this Code.
(b) The city's franchised solid waste provider shall provide solid waste collection and recycling
services for multifamily dwellings and shall directly bill the owner, or person in control of
the premises for the charges for such services.
Ordinance No. 2979.1-11. Page 6
(c) The city's franchised solid waste provider or other city permitted contractor shall provide
' solid waste collection services for temporary open top roll -off construction containers and
shall provide temporary rolloff open top construction containers for construction -sites in the
city.
(d) In multi -family complexes the owner or responsible party shall contract with the franchised
waste services provider or a city permitted contractor for waste receptacles or containers as
required by the approved site plan and the regulations of this Code.
(e) Commercial dumpsters and recycling containers.
(1) Dumpsters and recycling containers shall be maintained in safe, clean, painted and
sound condition.
(2) Commercial customers shall insure that no liquid waste of any type is placed in their
containers and that no solid waste is placed outside the container. No liquids shall be
allowed to leak from these containers.
(3) Dumpster lids, if provided, must be kept closed at all times.
(4) The dumpster and recycling container shall be placed on a concrete or machine laid
asphalt pad. Pads in front of the container to support front wheels of collector vehicle
also shall be provided.
' (5) The maintenance and upkeep of the waste enclosure shall be the responsibility of the
property owner. The general maintenance and upkeep of containers due to reasonable
wear and tear is the responsibility of the franchised waste provider. However, the
franchised waste provider may charge the customer for repairs to containers that are
negligently or intentionally modified or damaged.
(6) The location of dumpsters and recycling containers as well as design standards of
enclosure and pads shall be submitted to the City for approval as part of the technical
review and plans review process.
(f) Construction sites: A temporary container, measuring thirty-two (32) square feet of surface,
four (4) feet in height, is required on the construction site to contain litter generated from
construction or construction workers. When the trash container is full, the trash shall be
disposed of immediately. Each contractor and property owner shall be responsible for a
construction site so that building materials and debris will be contained on the site of
construction. Litter or other debris including dirt, gravel, rock and mud deposited as a result
of normal construction, remodeling, or landscaping process upon any public place or private
premises, shall he removed by the contractor and/or property owner.
Sec. 6-62. - 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 multifamily recycling services within the
' city except as may be specifically authorized by contract or permit with the city.
Sec. 6-63. - Private haulers.
Ordinance No. 2979.1-11. Page 7
(a) The Chief Building Official may from time to time issue a permit under terms specified by
the city to a private hauler to collect and remove recyclable construction and demolition
' (C&D) debris for commercial, industrial or institutional customers. Materials removed under
this permit must be transported and deposited in a recycling facility that is permitted by the
Texas Conunission on Environmental Quality. The permit holder shall be required to pay
nonrefundable permit fees and such franchise fees as established by resolution of the City
Council, from time to time, for each container placement in the City. Registration and fee
payments shall be submitted to the Office of the Chief Building Official.
(b) The city may from time to time use a permit under terms specified by the city to a private
hauler to collect and remove construction and demolition (C&D) debris from residential
properties. This permit is limited to containers of twenty (20) cubic yards or less. The
permit holder shall be required to pay nonrefundable permit fees and such franchise fees
established by the City Council, from time to time, for each placement of container(s) at an
individual address in the City. The permit issued will be valid for a period not to exceed
thirty (30) days; with one thirty (30) day extension with payment of an additional permit fee.
Containers set for this purpose may not be placed on City property or within City alleys,
streets, or rights -of -ways and may not be used to service multiple addresses or locations.
Registration and fee payments shall be submitted to the Office of the Chief Building Official.
Should the City's franchised waste services provider begin to offer this size container for
residential uses the customer is required to use the franchised provider's services.
Sec. 6-64. - Transport of refuse.
(a) 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.
(b) All contractors, private haulers or other person or entity offering solid waste collection and
transportation services within the city shall be required to deliver and dispose of solid waste
collected within the city at such facilities owned, operated or designated by the North Texas
Municipal Water District, unless otherwise designated by resolution of the city council.
Temporary open top construction containers shall be hauled to any of the North Texas
Municipal Water District transfer stations or to the Regional Disposal Facility located at
3820 Sam Rayburn Highway, Melissa, Texas, 75454.
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 or prone trees or shrubs to have said trimming removed from the premises at such person's
expense.
Sec. 6-66. - Penalty for violation.
Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction in the municipal court shall be subject to a fine not to exceed two
thousand dollars ($2,000.00) for each offense, and each day such violation continues, it shall
constitute a separate and distinct offense.
' Sec. 6.67. - Composting program.
The city provides a limited supply of free composting material for private residential use by
Allen residents limited to one (1) cubic yard of composting material per residence per calendar
Ordinance No. 2979-1-11 Page 8
month. Residents may obtain composting material at the times and at one or more locations
designated by the Community Services Director, or designee, upon presentation of a current city
utility bill, Texas driver's license, identification card, or other satisfactory proof verifying Allen
residence.
Secs. 6-68-6.80. - Reserved.
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 3. 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 4. An offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION S. Any person, firm or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, 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 immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, 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 11'ra DAY OF JANUARY, 2011.
APPRqfED.
Stephen Ferrell, MAYOR
APPROVED AS TO FORM: ATTEST:
L
George, CFfY
SECRETARY
Peter G. Smitli CITY ATTORNEY
Shelley B.
IG8/AA/ev TM 41082
Ordinance No. 2979.1.11, Page 9