Ord. 0181-9 2009-10-26ORDINANCE NO. 181-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 12, SOLID WASTE, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION
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 of Pearland Code of
Ordinances, is hereby amended to read as follows:
"Chapter 12
SOLID WASTE
Subchapter 1. In General.
Section 1-1. Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
(a) 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.
(b) Construction debris means refuse items such as dirt, concrete, rocks, boards, metal
or other hard dry substances and other such items not defined as solid waste.
(c) Green waste means such items as grass clippings, weeds, leaves, tree limbs and
branches, shrubs, and any other plant waste matter.
(d) Household hazardous waste 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 pool chemicals,
corrosive solvents, oil, batteries, and paint.
(e) Recyclable materials means discarded materials which have been separated from
other solid waste materials and placed at a designated location for the purpose of
collection and recycling. These materials include but are not limited to newspapers,
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magazines, aluminum and steel cans, glass containers, polyethylene plastics and
such other items as may be designated recyclable by the City of Pearland.
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, trash, refuse and other discarded materials
held or accumulated in containers, including without limitation, animal and waste
materials resulting from the preparation, processing or consumption of food;
combustible waste materials such as paper, rags, cartons, boxes, plastics;
noncombustible materials such as glass, crockery and metal cans. Solid waste
shall not include hazardous or special waste.
(h) Special waste means any substance identified or listed as special waste from
healthcare related facilities in the Texas Administrative Code. Special waste
includes, but is not limited to, health care facility waste, human body parts, human
body fluids, hypodermic syringes/needles and other such items that may be a threat
to public health.
Section 1-2. Littering.
(a) It shall be unlawful for any person to throw, drop, cast or deposit on any street,
alley, sidewalk or any yard or premises, whether public or private, 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.
(b) An offense under this section shall be punishable by a fine of not Tess than $100.00
and not more than $500.00 for each violation.
Section 1-3. Dumping.
(a) It shall be unlawful for any person, by his own action or that of his agent, employee
or any person under his control, to cause any garbage, trash, refuse or other waste
matter to be dumped, deposited or otherwise discharged or disposed of on any
street, lot, park, public place or other area whether publicly or privately owned,
except at legally established dumping areas. Waste matter includes, but is not
limited to, tires, household furnishings, mattresses, appliances, household
hazardous waste, vehicle parts, construction debris, solid waste, special waste,
green waste or any other organic or inorganic waste materials.
(b) An offense under this section shall be punishable by a fine of not less than $500.00
and not more than $2000.00 for each violation.
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Section 1-4. Special waste.
Special waste shall be disposed of pursuant to state law and shall not be placed in any
collection container or concealed by any means for collection.
Section 1-5. Household hazardous waste.
Household hazardous waste shall not be placed in any collection container or concealed by
any means for collection.
Section 1-6. Green waste.
Landscape waste and lawn clippings may be accumulated and placed in clear plastic bags
for collection and recycling. Tree trimmings, brush and shrubs placed for collection shall
be secured in bundles not to exceed four feet in length, eighteen inches in diameter, or fifty
pounds in weight.
Section 1-7. Dead animals.
Dead animals exceeding five pounds in weight shall not be placed in solid waste
containers. Upon request the City will pick up and dispose of dead animals weighing
from five pounds to one hundred pounds. The city will not be responsible for the
disposal of any dead animal weighing over one hundred pounds.
Section 1-8. Construction debris.
The City will not be responsible for the collection of debris from new construction, whether
from commercial or residential construction, or trees, brush and other debris from the
clearing of land or construction cleanup.
Section 1-9. Penalty.
Violation of a provision of this chapter for which a penalty is not provided shall be
punishable by a fine not to exceed two thousand dollars ($2000.00). Each day that a
specific violation continues shall be deemed a separate offense.
Section 1-10. Culpable mental state.
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.
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Subchapter 2. Residential Collection.
Section 2-1. Waste collection.
The City of Pearland shall provide collection service for residential solid waste twice a
week, and for green waste meant for recycling and recyclable materials once a week,
except when a collection day falls on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, or Christmas Day, when there will be no collection.
Placement of waste for collection shall be at the edge of that portion of the right-of-way that
abuts the residential property. A residential customer shall not place waste for collection
before 5:00 p.m. on the day prior to collection day, nor shall the customer allow the waste
to remain at the edge of the right-of-way after collection day. Storage of all waste shall be
behind the building line.
Section 2-2. Waste containers.
Solid waste placed at curbside for collection shall be contained in plastic bags or other
sealed disposable containers. No containers intended to be emptied and returned for
reuse, such as trash cans, shall be allowed.
Section 2-3. Preparation for collection.
All solid waste containing water or other liquid shall be drained before being placed for
collection. All animal matter subject to decomposition shall be securely wrapped before
being placed for collection. No single container of trash or bundle of waste materials shall
exceed fifty pounds in weight.
Section 2-4. Recycling.
The City of Pearland shall make recycling containers available to each residential customer
for the purpose of separating and storing recyclable materials for collection. Recyclable
materials will be collected on one of the two trash collection days of each week as long as
they are placed on the curbside in a recycling container. The residential customer shall
return the recycling container to a storage area behind the building line on the same day.
All recyclable materials placed on the curbside for collection become the property of the
City of Pearland when so placed.
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Subchapter 3. Commercial Collection.
Section 3-1. Containers.
All commercial customers shall utilize dumpsters to store solid waste for collection unless
other containers are specifically allowed by the City. A commercial customer authorized to
use alternate containers 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. Alternate 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 roadway.
Section 3-2. Industrial waste owner's responsibility.
Industrial wastes resulting from manufacturing or commercial processing operations, such
as produce houses, poultry establishments, and meat processing and packing plants, will
not be collected by the city. The owner or occupant of the building, business or premises
from which the wastes originate is responsible for proper disposal in accordance with all
applicable federal, state and local regulations.
Section 3-3. Owner diligence.
The owner or occupant of any business, commercial establishment or institution within the
City shall exercise reasonable diligence to keep the premises clear of solid waste in any
form deposited by patrons and other persons using the premises. Accessible receptacles
shall be placed in view on the premises for disposal of solid waste.
Subchapter 4. Rates, Fees, and License.
Section 4-1. Residential rates.
The rates for the collection and disposal of solid waste from residential customers shall be
determined from time to time by the City Council and charged on the monthly water bill.
Said rate schedules shall be maintained in the City Secretary's office.
Section 4-2. Commercial rates.
The rates for collection and disposal of solid waste from commercial customers shall be
determined from time to time by the City Council and charged on the monthly water bill or
directly to the commercial customer. Said rate schedules shall be maintained in the City
Secretary's office.
Section 4-3. License and insurance required.
Private haulers of solid waste for hire using the public streets, alleys and easements of the
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City must obtain a franchise from the City.
(a) Application for a franchise shall include:
(1) the applicant's name and physical business address,
(2) proof of liability insurance or bonding with coverage of at least $1,000,000.00
per accident and $300,000.00 per person, and
(3)
a non-refundable application fee of $50.00.
(b) The failure of a licensed solid waste hauler to maintain insurance or bonding in the
above amounts shall result in suspension of the license by the city manager. A
licensee has the right to appeal said suspension to the City Council."
Section 2. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance 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.
Section 6. Effective Date. The City Secretary shall cause this Ordinance, or its
caption, to be published in the official newspaper of the City of Pearland, upon passage of
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such Ordinance. The Ordinance shall then become effective ten (10) days from and after
its publication, or the publication of its caption, in the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 12th day of October, A. D.,
2009.
TOM REID
MAYOR
ATTEST:
411
RETA
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th day of
October, A. D., 2009.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
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AFFIDAVIT OF. PUBLICATION
The Friendswood Reporter News
P.O. Box 954
Friendswood, Texas 77546
State of Texas
Galveston and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and
Brazoria Counties, for / issues, as follows:
No... / Date /0 -,2 20 _0_
No Date 20
No. Date 20
No. Date 20
No. Date 20
•
Subscribe and 'sworn to before me this 21
20dcj
0 LAURl!'APJfd MOMSNotary Public. State of Te
My Commission Expires t9
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-aura Ann Emmons, Publisher
Notary Public, State of Texas
Ora o rce, lxt- s
Published October 26:1
2009
1 ORDINANCE NO. 181-
9
AN ORDINANCE OF
i THE CITY COUNCIL'
IOF THE CITY OF
PEARLAND, TEXAS,
AMENDING CHAPTER
12, SOLID WASTE, OF '
THE CITY OF
PEARLAND CODE OF
ORDINANCES, PRO-
VIDING A PENALTY
FOR VIOLATION; HAV-
ING A SAVINGS
I CLAUSE, A SEVER -
;ABILITY CLAUSE, '
;AND A REPEALER',
CLAUSE; PROVIDING
FOR CODIFICATION
AND AN EFFECTIVE
DATE.
I
Section 1-9. Penalty.
Violation of a provision
i of this chapter for which '
a penalty is not provided
shall be punishable by a
, fine not to exceed two
thousand dollars
($2,000.00). Each day
,that a speclfic violation
continues shall be
deemed a separate
offense.
PASSED • and
f- APPROVED ON FIRST
READING this the 12th
day of October, A. D.,
• 2009.
(PASSED and
APPROVED ON SEC-
OND -AND= FINAL -
READING thls the 26th
day of October, A. D.,
{ 2009.
IS/ TOM REID
i MAYOR
ATTEST:
/SI YOUNG LORFING,
TRMC
CITY SECRETARY
APPROVED AS TOE
FORM: •
ISI DARRIN M. COKER'
CITY ATTORNEY
VOTING RECORD,
SECOND AND FINAL'
READING OCTOBER'
126, 2009 ' i
l �
Voting "Aye" i
Councilmembers
Owens, Sherman, Kyle
Saboe and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
October 28, 2009
EFFECTIVE DATE:
November 6, 2009
PUBLISHED AS!
REQUIRED BY SEC -I
TION 3.10 OF THE;
CHARTER OF THE
CITY OF PEARLAND„
TEXAS