Ord. 1608 2021-11-08
ORDINANCE NO. 1608
An Ordinance of the City Council of the City of Pearland, Texas,
repealing Chapter 12, SOLID WASTE, of the City of Pearland Code of
Ordinances, in its entirety and adopting a new Chapter 12, SOLID
WASTE, for the purpose of updating the Code of Ordinances as it
relates to Solid Waste; providing a penalty for violation; having a
savings clause, a repealer clause, a severability clause; providing for
codification, publication and an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Chapter 12, SOLID WASTE, of the City Code of Ordinances is
hereby adopted to read as follows:
“CHAPTER 12
SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 12-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings assigned to them in this section, except where the context clearly indicates a
different meaning.
Bag means plastic sack no more than 33 gallons in size designed to store waste with
sufficient wall strength to maintain physical integrity when lifted by the top.
Brush means plants, grass clippings, leaves, or tree trimmings, including bags and/or
bundles of landscape waste. The term “brush” specifically excludes debris resulting from
the services of a Commercial Service Provider.
Bulky Waste means large rubbish items including, but not limited to, white goods,
bicycles, furniture, rugs, mattresses, fence material, auto parts, and other similar oversized
items which are customary to ordinary housekeeping operations of a residential unit.
Bundle means tree, shrub, and brush trimmings securely tied together forming an
easily handled package not exceeding four feet (4’) in length, eighteen inches (18”)
diameter, or forty (40) pounds in weight.
Cart means plastic receptacle issued by Solid Waste Contractor to residents, equipped
with wheels, handles, and a tight-fitting cover, designed for automated or semi-automated
waste collection vehicles. The weight of a cart and its contents shall not exceed
approximately 170 pounds.
City means the City of Pearland.
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Collection means the act of removing refuse and bulky waste for transport to a
Disposal Facility; the act of removing recyclables for transport to a Materials Recovery
Facility (MRF).
Commercial Customer means a person, business, corporation, institution or other entity
which accumulates or holds solid waste for collection at a location other than single family
residences, duplexes, triplexes or quadplexes, within the corporate limits of the City
Commercial Waste means all types of solid waste generated by commercial
customers, including, but not limited to, waste generated by stores, offices, restaurants,
warehouses, and other non-manufacturing activities, excluding residential waste and
industrial waste.
Commercial Service Provider means a commercial business enterprise that provides
construction and demolition (C&D) services and a commercial business enterprise that
provides tree limb cutting and removal, or complete tree and stump removal services.
Construction and Demolition (C&D) debris means waste building materials resulting
from construction, remodeling, repair, or demolition operations that are directly or indirectly
the byproducts of construction work or that result from the demolition of buildings or other
structures, but specifically excluding inert debris, land-clearing debris, yard debris, or used
asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar materials.
Contractor means the person or business entity that enters into an exclusive Contract
with the City to perform solid waste services.
Curbside means within three (3) feet of the curb that provides primary access to the
Unit as designated by the City unless such placement interferes with or endangers
movement of vehicles or pedestrians.
Customer means the owner or tenant of a Residential Unit, Commercial Unit, and/or
Industrial Unit, located within the corporate limits of the City and is eligible for and in need
of the solid waste services provided by the Contractor.
Dead Animals means animals or portions thereof that have expired from any cause
except those slaughtered or killed for human use.
Disposal Facility means any facility or area of land receiving Municipal Solid Waste or
Construction and Demolition Debris and operating under the regulation and authority of the
Texas Commission on Environmental Quality (TCEQ), or the appropriate governing agency
for landfills located outside the State of Texas.
Dumpster/Detachable Container means a watertight, all metal container, equipped with
a tight-fitting metal or plastic cover and plugged to prevent drainage of leachate. The term
shall also apply to containers of larger sizes (i.e. – roll-offs).
Front End Loader (FEL) means Container intended for all commercial establishments
generating solid waste. Some multi-family residential facilities will utilize a self-contained
roll off container/compactor as well.
Garbage means Municipal Solid Waste (MSW) consisting of putrescible or animal and
vegetable waste materials resulting from the handling, preparation, cooking, and
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consumption of food, including waste materials from markets, storage facilities, handling
and sale of produce and other food products, and all dead animals of less than ten pounds
(10 lbs.) in weight.
Generator means a person or municipality that produces or creates a municipal waste,
non-hazardous waste, and construction & demolition waste inside the corporate city limits.
Green Waste means such items as grass clippings, weeds, leaves, tree limbs and
branches, shrubs, and any other plant waste matter.
Household Hazardous Waste (HHW) means any solid waste identified or listed as a
solid waste by the administrator of the U. S. Environmental Protection Agency pursuant to
federal law. Hazardous waste includes but is not limited to outdoor/indoor insecticides,
fertilizers, automotive products, paint products, pool chemicals, corrosive solvents, oil,
small and auto batteries, and electronics.
Industrial Waste means solid waste resulting from or incidental to any process of
industry or manufacturing, mining, or agricultural operations.
Medical Waste means waste generated by healthcare related facilities and associated
with healthcare activities, not including garbage or refuse generated from offices, kitchens,
or other non-healthcare activities. This includes Special Waste from healthcare related
facilities which are comprised of animal waste, bulk blood and blood products, microbial
waste, pathological waste, and sharps as defined in 25 Texas Administrative Code (TAC)
Section 1.132 as it may be re-codified or amended from time to time.
Multi-family Dwelling means structures for residential living consisting of attached units.
Municipal Recycling Facility (MRF) means a facility employing a technology that is a
process that separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute for or a
supplement to virgin raw materials.
Municipal Solid Waste (MSW) means waste consisting of everyday items such as
product packaging, grass clippings, furniture, clothing, bottles and cans, food scraps,
newspapers, appliances, consumer electronics, and batteries. These wastes come from
homes, institutions such as schools and hospitals, and commercial sources such as
restaurants and small businesses. MSW does not include municipal wastewater treatment
sludges, industrial process wastes, automobile bodies, combustion ash, or construction
and demolition debris. This also does not include single-stream materials recyclable
materials.
Non-recyclable means any materials in the single-stream materials or recyclable
materials that are not recyclable materials.
Permit means a permit issued by the State of Texas to operate a municipal solid waste
landfill or processing facility, or to beneficially use municipal waste. This includes a general
permit, permit-by-rule, permit modification, permit issuance and permit renewal.
Pink Tag means a tag or sticker developed and produced by the Contractor and
approved by the City which indicates to the Contractor that the bag on which the Pink Tag
has been affixed by a residential unit resident is intended for collection and disposal.
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Recyclable Material means material that has been recovered or diverted from the non-
hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial
portion of which is consistently used in the manufacture of products that may otherwise be
produced using raw or virgin materials. Residential recyclables include juice boxes, glass
containers (clear, brown, green), tin-steel cans, aluminum cans, paper board, cardboards,
magazines, newspapers, junk mail, phone books, office paper, and plastics (all codes #1
through #7, except #6, which is Styrofoam products).
Recycle/recycling means the collection, separation, recovery, and sale or reuse of
metals, glass, paper, plastics, and other materials which would otherwise be disposed or
processed as municipal solid waste or the mechanized separation and treatment of
municipal waste and creation and recovery of reusable materials other than a fuel for the
operation of energy.
Residential Recycling Container means a plastic receptacle with a capacity up to 95
gallons designed for the purpose of the curbside collection of recyclable materials.
Refuse means same as garbage, rubbish, trash, solid waste.
Residential Curbside Recycling means the collection of recyclable materials placed in
contractor provided recycling cart by customers residing in residential units at curbside for
collection, the delivery of such materials to a Recycling Facility, and the subsequent
recycling of the collected materials.
Residential Customer means an owner, occupant, tenant, lessee or resident, that
receives solid waste collection service at single family residences, duplexes, triplexes or
quadplexes.
Solid Waste means any and all garbage, rubbish, trash, refuse, bulky waste,
commercial waste, Construction and Demolition materials, MSW, Non-Hazardous Industrial
Waste, and Recyclable Materials
Roll-off Container means a container provided to a resident, commercial, or industrial
unit by Contractor measuring 10, 20, 30, or 40 cubic yards, intended for high volume refuse
generated by commercial or industrial units or for construction and remodeling, including
residential remodeling, and capable of pickup and transport to a disposal facility by loading
the container onto the rear of a transporting vehicle but excluding a stationary compactor.
Roll-off containers may be utilized for solid waste, non-hazardous industrial waste, or
construction and demolition debris.
Small Business Garbage Generator means a commercial type of business, which
generates no more than one (1) cubic yard of solid waste per week.
Special Waste means waste that requires special handling and management requiring
a manifest to transport and dispose due to the nature of the waste, including, but not
limited to, the following: containerized waste (drum, barrel, portable tank, box, pail, etc.),
waste transported in bulk tanker, liquid waste, residue and debris from the clean-up of a
spill or release of a chemical, or any other waste defined by Texas Law, rule, or regulation
as “Special Waste.”
Single-stream Recyclable Materials means recyclable materials that are separated
from municipal solid waste at the point of origin for the purpose of recycling.
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Unacceptable Waste means any waste, the acceptance and handling of which by
Contractor would cause a violation of any permit, condition, legal or regulatory requirement,
substantial damage to Contractor’s equipment or facilities, or present a danger to the
health or safety of the public or Contractor’s employees, including, but not limited to,
Hazardous Waste, Special Waste, untreated Medical Waste, Dead Animals weighing
greater than ten pounds (10 lbs.), solid or dissolved material in domestic sewage, or solid
or dissolved material in irrigation return flows, or industrial discharges subject to regulation
by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials used to
fill land if the object of the fill is to make the land suitable for the construction of surface
improvements.
Unusual Accumulations means:
(a) For Residential Customers, each regular collection that cannot fit into a
residential garbage cart;
(b) For Commercial Customer, accumulations that would not occur in the
ordinary course of business; waste that is overflowing dumpster or placed
outside of dumpster between service days;
(c) Bulky W aste greater than two (2) cubic yards;
(d) Materials determined by a City representative to be hazardous; and
(e) Conditions favorable to the harboring and/or breeding of insects, reptiles,
rodents, or other agents capable of transferring a pathogen from one
organism to another.
White Goods means refrigerators that have CFCs removed by a certified technician
and appropriately tagged by technician for safe collection and landfill disposal, stoves and
ranges, water heaters, freezers, swing sets, bicycles (without tires), scrap metal, copper,
and other similar domestic and commercial large appliances.
Yard Waste means accumulations of lawn, grass, or shrubbery cutting, clippings, and
dry leaf rakings, small tree branches (not to exceed 4 feet in length, nor 4 inches in
diameter), bushes or shrubs, green leaf cuttings, fruits, or other matter usually created by
refuse in the care of lawns and yards, except large branches, trees, bulky or non-
combustible materials not susceptible to normal loading (less than two (2) yards) and
collection which cannot be safely lifted and placed in rear of collection vehicle by two
contractor provided employees. All tree limbs, shrubs, and brush trimmings must be
stacked or tied together in a manner to allow an employee to reasonably lift the bundle into
the truck, not to exceed forty pounds (40 lbs.) in weight.
Secs.12-2—12-10. Reserved.
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ARTICLE II. – COLLECTION AND DISPOSAL
Sec. 12-11. Solid waste fees.
Fees, adopted by separate City Ordinance and which may be amended from time to time,
shall be required of all solid waste customers. All utility customers in the City shall receive
solid waste and recyclable material collection service from the City’s Contractor. The
charges for collection service shall be included on the monthly utility bill of the Residential
Customer. Residential utility customers shall also receive temporary roll-off services as
needed for additional fees as specified in Fee Schedule. Commercial, industrial, and roll-off
customers shall receive monthly bill directly from the City’s Contractor.
Sec. 12-12. Garbage, recyclable material, brush, and refuse nuisances.
The storing or keeping of any uncontained garbage, solid waste, recyclable material, brush,
and/or refuse that represents a health, fire or safety hazard, or that acts as a harbor for
reptiles, rodents, insects, or other animals is prohibited and shall constitute a public
nuisance. The account holder and/or the property owner and shall be solely responsible
for all expenses associated with the proper mitigation and removal of uncontained waste.
Sec. 12-13. Dumping and littering.
Dumping of any garbage, solid waste, recyclable material, brush, and/or any other refuse in
any place, public or privately owned, and in any manner other than that designated in this
chapter is prohibited. The littering, throwing, dropping, casting, or depositing on any street,
alley, sidewalk, or any yard or premises, whether private or public, any waste material of
any kind, including without limitation, cigarette butts, cans, paper, paper containers, bottles,
or any other form of waste matter, whether solid, hazardous, or special waste is prohibited.
Sec. 12-14 Special waste and hazardous waste.
Special W aste, because of its quantity, concentration, physical characteristics, chemical
characteristics, or biological properties, requires special handling and disposal to protect
the human health or the environment. If improperly handled, transported, stored,
processed, or disposed of or otherwise managed, may pose a present or potential danger
to human health or the environment. Special waste includes, but is not limited to:
(a) Hazardous waste from conditionally exempt small-quantity generators that
may be exempt from full controls under 30 Texas Administrative Code
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Section 335.401-335.419, as it may be re-codified or amended from time to
time, relating to household materials which could be classified as hazardous
waste;
(b) Class I industrial nonhazardous waste not routinely collected with municipal
solid waste;
(c) Special waste form health-care-related facilities (refers to certain items of
medical waste);
(d) Municipal wastewater treatment plant sludges, other types of domestic
sewage treatment plant sludges, and water-supply treatment plant sludges;
(e) Septic tank wastes;
(f) Grease and grit trap wastes;
(g) Wastes from industrial wastewater treatment plants, air pollution control
facilities, tanks, drums, or containers used for shipping or storing any
material that has been listed as a hazardous constituent in 40 Code of
Federal Regulations (C.F.R.) Section 261.33 (e) or (f), as it may be re-
codified or amended from time to time;
(h) Slaughterhouse waste;
(i) Dead animals greater than ten (10) pounds;
(j) Drugs, contaminated foods, or contaminated beverages, other than those
contained in normal household wastes;
(k) Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers;
(l) Discarded materials containing asbestos;
(m) Incinerator ash;
(n) Soil contaminated by petroleum products, crude oils, or chemicals;
(o) Used oil;
(p) Light ballasts and/or small capacitors containing polychlorinated biphenyl
(PCB) compounds;
(q) Waste from oil, gas, and geothermal activities subject to regulation by the
state railroad commission when those wastes are to be processed, treated,
or disposed of at a solid waste management facility permitted by this chapter;
(r) Waste generated outside the boundaries of the state that contains:
(1) Any industrial waste
(2) Any waste associated with oil, gas and geothermal exploration,
production or development activities, or
(3) Any item listed as special waste in this section;
(s) Any waste stream other than Municipal Solid Waste and recyclables as
defined in Sec. 12-1.
(t) Lead acid batteries; and
(u) Used oil filters from internal combustion engines.
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(1) Special W aste and/or Household hazardous waste shall be disposed of pursuant to
state law and shall not be placed in any collection container/dumpster or concealed by any
means for collection.
(2) Dead animals exceeding ten (10) pounds in weight shall not be placed in solid waste
containers. Upon request, the city will pick-up and dispose of dead animals that are in the
public right-of-way and that weigh between ten (10) and one hundred (100) pounds;
otherwise, the disposal of deceased pet cat/dog shall be governed by Sec 6-43 of the City
Code of Ordinances. The City shall not be responsible for the disposal of any dead animal
weighing over one hundred (100) pounds.
Sec. 12-15. Construction and landscape debris.
Debris from construction and/or demolition, whether from commercial or residential
construction, or trees, brush and other debris from the clearing of land or construction
cleanup shall be considered Unusual Accumulation.
(a) It shall be the duty of any person employing a contractor, tree-trimmer, or
other person to trim or prune trees or shrubs to have said trimmings that
result in unusual accumulation to be removed from the premises at their own
expense.
(b) It shall be the duty of any person employing a contractor or other person for
construction and/or demolition to have said debris removed from the
premises at their own expense.
Sec. 12-16. Green waste.
Green W aste may be accumulated and placed in clear plastic bags for collection and
recycling. Brush that cannot fit into the residential garbage cart shall be tied in bundles.
Bundles shall not exceed four (4) feet in length and 18” diameter, and limbs shall not
exceed four (4) inches in diameter. Bags, stacks, bundles, or containers shall not exceed
forty (40) pounds each in weight. Bags shall be limited to clear/transparent or brown paper
sacks containing only green waste.
Sec. 12-17 Collection carts and dumpsters generally
(a) Every owner, tenant, occupant or lessee using or occupying any building, house, or
structure within the corporate City limits of the City for residential, church, school,
commercial, business or other purpose shall use a collection cart or dumpster
authorized by this Chapter and provided by the City’s Contractor.
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(b) All garbage and trash mixed with water or other liquids shall be drained before being
placed in the collection cart or dumpster.
(c) The lids of collection carts or dumpsters shall remain closed to prevent animals,
rodents, flies and other insects from accessing the container.
(d) Each Customer shall notify the City of any loss, theft, or damage to the collection
cart or dumpster and shall be responsible for replacement costs unless it is
determined that the contractor caused the damage to the container.
(e) Each Customer shall maintain the residential garbage and recycling cart or
dumpster in a clean and sanitary condition.
(f) Except when placed for collection, residential garbage and recycling containers shall
be stored behind property building line. Commercial dumpsters shall be maintained
in a screened area in accordance with the Unified Development Code.
(g) City representatives shall cause regular inspections to be made to ensure
compliance with the terms of this section, and if any unsanitary collection cart or
dumpster is identified, a notice shall be placed upon such collection container or
receptacle informing the owner to take corrective action the same within five (5)
business days. Failure to comply with such notice shall constitute a violation of this
section.
Sec 12-18 Disposal of solid waste.
(a) Residents may remove garbage, recyclable material, rubbish, brush, or unusual
accumulations from their own residences, provided that all material is properly
secured for transport. Refuse escaping from a transport vehicle shall be considered
littering in violation of Section 12-13 of this Chapter l.
(b) A resident may dispose of up to three (3) cubic yards (one truck load) of residential
debris and/or brush per month at the City’s designated Contractor’s landfill, or
transfer station, without charge upon presentation of a current utility bill and a
driver’s license with identical addresses.
Sec 12-19 Diversion of recyclable materials.
(a) Residents may remove recyclable material from their own residences; provided
recyclable materials are secured as provided in Sec. 12-18.
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(b) It shall be unlawful for any person, including, without limitation, a resident or
commercial business customer, to cause a diversion of recyclable materials at any
location in violation of state law.
Sec 12-20. Prohibited acts.
(a) Pilfering, scattering contents or meddling with garbage, recyclables, rubbish, brush
or collection containers or receptacles by any person other than the owner,
occupant, authorized agent or authorized law enforcement agencies is prohibited.
(b) It shall be unlawful for any person to deposit any burning match, charcoal, ember, or
other burning material in any collection container or receptacle used for disposal of
garbage, recyclable material, rubbish, or brush.
(c) It shall be unlawful for any person to deposit any materials not included in the
definitions of garbage, recyclable material, rubbish, and brush in any collection
container or receptacle used for the disposal of garbage, recyclable material,
rubbish, or brush.
(d) It shall be unlawful for any unauthorized person, other than the commercial
customer or its employees or agents, to deposit any materials in a commercial
collection container or receptacle.
(e) It shall be unlawful to deposit solid waste generated from within the incorporated
City limits in any place other than a landfill designated by the City’s Contractor,
unless authorized by the City’s Public Works Director or their designee.
(f) It shall be unlawful to store or place in a screening enclosure that is provided for
garbage and/or recycling containers and/or receptacles any debris, solid waste, or
any other item for storage that is not contained in a solid waste and/or recycling
container and/or receptacle.
Secs.12-21—12-30. Reserved.
ARTICLE III. - RESIDENTIAL COLLECTION
Sec. 12-31. Residential solid waste service fees.
Solid Waste service fees, as adopted by separate City ordinance (“Fee Schedule”) shall be
required of all Residential Customers. All utility customers shall receive solid waste,
recycling, and bulk and green waste collection service.
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(a) The charges for collection service shall be included on the monthly utility bill of the
residential customer.
(b) Each additional residential garbage or recycling cart will be assessed an additional
monthly charge as reflected in the Fee Schedule.
(c) The collection of Unusual Accumulations shall require an additional fee as reflected
in the Fee Schedule which shall include a fee for the cost per vehicle in addition to
costs for disposal.
Sec 12-32 – Residential Waste collection.
(a) Residential collection shall occur twice weekly for regular garbage and one time
weekly for recycling, bulk and green waste; if a collection day falls on Thanksgiving
or Christmas Day, the service will occur on next collection day.
(b) It shall be the responsibility of the Residential Customer to place garbage or
recyclable material in City’s contractor provided cart at the curb-line most accessible
to the collection crew vehicle as determined by the City’s designated Contractor and
the City of Pearland.
(c) Alternative carts, used in lieu of City’s contractor provided cart, shall not be
serviced.
(d) Garbage and recycling material shall not be placed at the point of collection before
5:00 p.m. prior to the designated day of collection, and garbage containers shall be
removed within 24 hours after collection day from the point of collection and stored
in accordance with Section 12-17.
(e) Materials intended for recycling shall be maintained separately from waste
materials.
(f) Customers shall be responsible for reporting, to the Contractor or the City, the
Contractor’s failure to collect properly prepared garbage and recyclable material.
(g) All putrescible/organic waste that attracts decomposing microorganisms shall be
placed in the residential garbage carts.
Sec. 12-33. – Solid Waste and Recyclable Material containers.
(a) Each Residential Customer shall use the cart provided by the designated contractor
for the collection and removal of solid waste and shall use the cart provided by the
designated Contractor for the collection and removal of recyclable material. The
designated Contractor shall provide one cart for household trash and one cart for
recyclable material to each resident. Carts shall remain the property of the
Contractor and shall not be removed from the residential property except to be
services by the Contractor.
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(b) Customers may request, and the Contractor shall provide additional carts, for a
monthly fee if the Customer generates solid waste in a quantity that exceeds the
capacity of the carts provided between removal dates.
(c) Contractor shall be responsible for repairs and/or replacement of carts damaged
due to Contractor negligence. If a Customer’s negligence or misuse damages a cart
beyond repair, Contractor may charge the customer a fee for replacing the cart.
Secs. 12-34—12-40. - Reserved.
ARTICLE IV. - COMMERCIAL COLLECTION
Sec. 12-41. Commercial solid waste collection fees.
The service charge for commercial collections shall be based on the frequency of collection
necessary and the amount regularly collected. The rates for collection and disposal of solid
waste from Commercial Customers are contained in the Fee Schedule, which may be
amended from time to time by the City, are charged monthly and billed directly to the
Commercial Customer by the designated Contractor.
Sec. 12-42. Commercial solid waste collection.
The collection and removal of garbage, recyclable material, rubbish and brush from
buildings and premises used for commercial, industrial, and institutional purposes shall
occur no less than one time per week and as often as necessary in order to maintain
premises free of accumulations of garbage, trash, and brush. Materials for recycling shall
not be placed for collection with waste materials.
For each Commercial Customer:
(a) All commercial solid waste shall be placed within the container provided by the
Contractor;
(b) All commercial solid waste shall be contained within the container to help prevent
odors and the contents from escaping from the container;
(c) It shall be the responsibility of the Commercial Customer to ensure the area
surrounding the container remains clear of obstructions and debris to maintain
access for servicing the container;
(d) Containers may not be modified or used for any purpose other than for disposal and
collection of commercial solid waste;
(e) All commercial Customers shall be responsible for the collection and lawful disposal
of hazardous waste generated at a business; and
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(f) The Contractor shall not be required to collect commercial solid waste that fails to
comply with the requirements of this section.
Sec. 12-43. Commercial recyclable materials
(a) Each Commercial Customer shall separate the commercial solid waste from any
solid waste generated at the commercial property;
(b) Each Commercial Customer shall take necessary measures to ensure that
recyclable materials are not commingled with any commercial solid waste during
storage and/or collection; and
(c) Commercial recyclables shall be stored in carts, containers, and/or roll-offs
specifically designated to store recyclable material, or bulked and secured in a
manner not contributing to a nuisance, windblown litter, discharge to the
environment, or potential fire hazard.
Sec. 12-44. Containers.
Collection containers provided by City’s Contractor used by commercial garbage and
recycling collectors, including residential garbage and recycling receptacles for commercial
use, shall be placed at a location mutually agreeable to the customer, the City, and its
designated Contractor, as applicable. The authorized use of a residential garbage or
recycling cart provided by City’s Contractor by a commercial customer may be approved on
a case by case basis after commercial customer makes request for use of such residential
carts. A commercial customer authorized to use residential garbage or recycling carts shall
not place such containers for collection before 6:00 p.m. on the day prior to collection day,
nor shall the customer allow the containers to remain at the edge of the right-of-way after
collection day. Containers shall be stored at a location on the premises of the commercial
customer that is screened such that said containers are not visible from any road.
Sec. 12-45. Industrial waste owner's responsibility.
Industrial customers producing Special W astes shall be solely responsible for the costs
and proper disposal of the Special W aste in accordance with applicable federal, state and
local regulations. The City’s contractor will not collect Special Waste.
Secs. 12-46—12-60. Reserved.
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ORDINA NCE NO. 1608
ARTICLE V. – COLLECTION CONTRACTOR
Sec. 12-61. Collection contractor.
(a) The City shall, by contract, designate an exclusive solid waste Contractor to
regularly collect and remove all garbage, refuse, recyclable material, rubbish, brush
and solid waste, excluding hazardous waste, from all premises within the corporate
City limits.
(b) In the event of any conflict between the terms of the contract and this Chapter, the
ordinance shall control. The designated Contractor shall coordinate collection of
household hazardous waste for the City’s residential customers through the City’s
Recycling Center.
(c) It is unlawful for any person to engage in the business of collecting solid waste,
construction and demolition/remodeling debris from property within the corporate
city limit of the City, except as may be specifically authorized by contract with the
City and the payment of franchise fee to so operate.
(d) It is unlawful for any person to engage in the business of placing unauthorized
collection bins, clothing drop-boxes, carts, dumpsters, roll-offs for the collection of
debris, recyclables, or textiles, on public or private property within the corporate
limits of the City, except as may be specifically authorized by contract with the City
and the payment of a franchise fee to so operate.
Sec. 12-62. Collection operations.
(a) It shall be unlawful for any person to operate or use a motor vehicle to unload or
empty a solid waste container by means of a mechanical lifting apparatus or device
attached to the motor vehicle between the hours of 7:00 p.m. and 7:00 a.m. when a
container is located within 400 feet of a residential property.
(b) All solid waste material shall be transported in leak proof containers or in leak proof
vehicle bodies or compartments constructed in a manner that all solid waste remains
covered at all times, except when being loaded and/or unloaded.
Sec 12- 63 – 12-70 Reserved.
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ARTICLE V. COMPLIANCE
Sec. 12-71. Enforcement.
The provisions of this article shall be enforced by the Pearland Police Department,
Code Enforcement and the Environmental Services Division of Engineering and Public
W orks, and it shall be unlawful for any person to interfere with or hinder Code Enforcement
or the Environmental Services Division in the exercise of duties under this article.
Notwithstanding any provisions contained herein to the contrary, the Police Department,
Code Enforcement and the Environmental Services Division of Public Works, are hereby
granted the authority to issue immediate citations to persons violating any provision of this
article.
Sec. 12-72. Penalty.
(a) Any person violating or failing to comply with any provision or requirement of this
Chapter, who continues to violate or fails to comply with same shall also be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount
not to exceed $2,000.00. A separate offense shall be deemed committed upon each
day during or on which a violation or failure to comply occurs or continues to occur.
This section shall be in addition to and cumulative of the provisions for abatement
by the City of any nuisance created by the violation of this ordinance and the
charging of the cost of abatement of said nuisance against the owner of the
property.
(b) Notwithstanding the foregoing, any violation of any provision of this article which
constitutes an immediate danger or threat to the health, safety and welfare of the
public may be enjoined in a suit brought by the City for such purpose, including a
suit to enforce the provisions of this article pursuant to the applicable provisions of
V.T.C.A, Local Government Code Chapter 54 as it may be re-codified or amended
from time to time.
(c) It is the express intention of the City Council of the City of Pearland to dispense with
the requirement of proof of a culpable mental state in the prosecution for the
violation of any section in this chapter, unless said section expressly requires a
culpable mental state.
Sec. 12-73. Corrections of Violation by City
If the owner of any real property fails or refuses to comply with this Chapter, the City may
remedy the violation in accordance with Chapter 342 of the Texas Health and Safety Code
as it may be re-codified or amended from time to time.
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(a) Written notice to property owner. Notice to the property owner shall be provided:
(1) Personally, to the owner of the property in writing;
(2) By letter addressed to the owner of the property at the owner’s post office
address;
(3) By letter addressed to the owner as indicated in the appraisal district records
of the appraisal district in which the property is located; or
(4) If personal service cannot be obtained or the owner’s post office address is
unknown:
i. By posting the notice on or near the front door of each building on the
property to which the violation relates; or
ii. By posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates, if the property
contains no buildings.
(b) City to correct violation. If the owner of the property fails to correct the violation
within seven (7) days after notice is provided, the City may perform the work or
make the improvements required; or pay for the work or improvements to be made.
(c) Statement of costs incurred by City. A statement of the costs incurred by the City in
correcting a violation shall be mailed to the property owner. The costs shall include
an administrative fee of $30.00, and payment of all costs shall be due within thirty
(30) days of the date of mailing. If the statement in not timely paid, the City may file
a statement with the county clerk of the costs incurred, including administrative
costs. Upon filing the statement, the City shall have a privileged lien on the land
upon which the costs were incurred. The amount of the lien shall include ten (10)
percent per annum on the delinquent amount from the date payment was due. The
statement of expenses or a certified copy of the statement is prima facie proof of
the expenses incurred by the City. To collect the costs, a suit may be instituted, and
recovery and foreclosure had in the name of the City.
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Sec. 12-74 – 12-90 Reserved.
Section 2. Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of
the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official
Code of Ordinances as provided hereinabove.
PASSED and APPROVED ON FIRST READING this the 25th day of October, A. D.,
2021.
_________________________________
J. KEVIN COLE
MAYOR
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ATTEST:
______________________________
CRYSTAL N. ROAN, TRMC, CMC
CITY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th day of
November, A. D., 2021.
_________________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________________
CRYSTAL N. ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
DARRIN M. COKER
CITY ATTORNEY
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ORDINANCE NO.1608
An Ordinance of the City Council of the City of Pearland, Texas, repealing Chapter 12,
SOLID WASTE, of the City of Pearland Code of Ordinances, in its entirety and adopting a
new Chapter 12, SOLID WASTE, for the purpose of updating the Code of Ordinances as it
relates to Solid Waste, providing a penalty for violation, having a savings clause, a repealer
clause, a severability clause, providing for codification, publication and an effective date.
Crystal Roan
Pearland City Secretary
A