Ord. 0181-01 10-22-81That Section
Required," be and
read as follows:
ORDINANCE NO. 181-1
AN ORDINANCE AMENDING CHAPTER 12, OF THE CODE
OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS,
BY ADDING AND DELETING SPECIFIC SECTIONS CON-
TAINED THEREIN; PROVIDING FOR AN EFFECTIVE DATE
AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION I.
That Section 12-1, of Article I, Chapter 12, entitled "Definitions"
of the Code of Ordinances of the City of Pearland, Texas, be and the
same is hereby amended to read as follows:
"Section 12-1. Definitions.
The following words when used in this chapter shall have the mean-
ing ascribed to them in this section:
Garbage: All animal and vegetable matter, rubbish, kitchen and
household waste, but not to include dirt, concrete, tile, plaster,
rocks and other such substances.
Trash: Rubbish, such as feathers, coffee grounds, ashes, tin cans,
paper bags, boxes, glass, newspapers, magazines and such other paper
products, grass, shrubs, flowers, yard cleanings, tree trimmings, but
not to include dirt, concrete,tile, plaster, rocks and other such sub-
stances, and including hand -bills except when such handbills are dis-
tributed in a manner prescribed by the city council and with written
permission by the city manager certifying conformity with the outlined
requirements of the city council.
Premises: The term "premises" includes business houses, boarding
houses, offices, theaters, hotels, restaurants, cafes, cafeterias,
tourist camps, mobile home parks, trailer courts, apartments, apartment
houses, town houses, condominiums, hospitals, medical clinics, rooming
houses, schools, nursing homes, day-care nurseries, charitable and
religious institutions, private residences, manufacturing plants, pro-
cessing plants and the grounds upon which the same are located, vacant
lots, and all other places where garbage, trash, rubbish or waste
accumulates in ordinary quarters.
" Residential: Whether used as a noun, adjective or adverb, the term
residential refers to a building, room or rooms fitted or used, in
whole or in part, for human sleeping accommodiations, including, but not
limited to, except as otherwise expressly provided for herein, residential
subdivision houses, garage apartments, and duplex, triplex and quadplex
residential apartments. It comprehends household and household activity.
SECTION II.
12-17, of Article II, Chapter 12, entitled "Containers -
the same is deleted and Section 12-17 shall henceforth
"Section 12-17. Disposal generally.
It shall be the duty of every person in charge of inhabited premises
within the City to prepare the garbage, trash and rubbish from such
premises and timely place the same for collection by the City in accord-
ance with the terms and conditions of this chapter; provided, however,
that this section shall not apply to persons removing from premises
garbage, trash or rubbish under a license issued pursuant to this
chapter."
SECTION III.
That Section 12-18, of Article II, Chapter 12, entitled "Same -
Specifications", be and the same is deleted and Section 12-18 shall
henceforth read as follows:
"Section 12-18. Disposable Containers required.
(a) The City of Pearland shall provide, so long as funds are
budgeted, each residential premises with two (2) garbage bags each week
for the disposal of garbage and trash. Cardboard boxes and other dis-
posable containers may be used in addition to the City provided bags,
provided that they are tightly sealed and completely disposable. No
containers of any shape, size or form will be emptied and returned to
the curb or property line. Disposable containers having a total loaded
weight in excess of seventy-five (75) pounds will not be handled by City
Collection Crews.
(b) All loose trash accumulations shall be deposited in receptacles
as specified in subsection (a) above, and set out for collection. No
single item of trash shall exceed four (4) feet in length, width or
height or two (2) feet in diameter. No item or trash subject to being
blown by winds from its place of deposit for collection on the premises
shall be deposited loose on the premises, but shall be placed in the
required receptacle.
SECTION IV.
That Section 12-19, of Article II, Chapter 12, entitled "Same -
Furnished by City, additional containers," be and the same is deleted
and Section 12-19 shall henceforth read as follows:
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"Section 12-19. Containers for business or Commercial establishments.
All business or commercial establishments within the City, includ-
ing apartment complexes containing more than four (4) dwelling units,
and trailer parks (as defined in Section 17-1, Chapter 17), shall be
required to use such commercial containers as shall be furnished by the
City, or a person licensed pursuant to this chapter, for the collection
of garbage and trash, except where the City Manager has found the use
of disposable refuse bags to be practicable in accordance with Section
12-18 of this code. The use of any other method or manner of disposing
of garbage, trash, refuse or rubbish, other than specifically authorized
in this chapter, is expressly prohibited, except by special written
permission obtained by the City Manager in cases where the City or a
licensed person is unable to furnish refuse bags or commercial containers
under this chapter. It shall be unlawful for any person to place garbage,
trash, refuse or rubbish in any commercial containers when such person
has not been authorized to do so by the business or commercial establish-
ment, apartment house, or trailer park, using the commercial containers.
Any person using such commercial containers without authority shall be
guilty of a violation of this chapter and shall be punished in accordance
with this code of ordinances.
SECTION V.
That Section 12-20, of Article II, Chapter 12, entitled "Volume
Containers" and Section 12-21 of Article II, Chapter 12, entitled "Same -
Replacement" and Section 12-22, of Article II, Chapter 12, entitled
"Same - Removal of lids" and Section 12-23, of Article II, Chapter 12,
entitled "Same - Bulky.items" be and the same are deleted in their
entirety.
SECTION VI.
That Sections, 12-24, 12-25, 12-26, 12-27, 12-28, 12-29, 12-30, 12-31 and
12-32 of Article II, Chapter 12, be and the same are re -numbered only,
with the existing text to remain the same, the Sections so re -numbered
shall be as follows:
"Section 12-24 shall read as Section 12-20;
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Section 12-25 shall read as Section 12-21;
Section 12-26 shall read as Section 12-22;
Section 12-27 shall read as Section 12-23;
Section 12-28 shall read as Section 12-24;
Section 12-29 shall read as Section 12-25;
Section 12-30 shall read as Section 12-26;
Section 12-31 shall read as Section 12-27;
Section 12-32 shall read as Section 12-28.
SECTION VII.
That Article II of Chapter 12 of the Code of Ordinances is hereby
amended by adding a new Section thereto to be entitledSection 12-29 and
to read as follows:
"Section 12-29. Unlawful Collection or transportation generally.
No person, except a duly authorized agent and employee of the City
or a person hauling and transporting his own garbage, rubbish or trash,
or a private hauler holding a contract with the City of Pearland, shall
collect, haul, transport or empty garbage or trash receptacles or convey
or transport garbage, rubbish or trash on the streets, alleysor ease-
ments of the City.
SECTION VIII.
That Article II of Chapter 12 of the Code of Ordinances is hereby
amended by adding a new Section thereto to be entitled Section 12-30
and to read as follows:
"Section 12-30. License for private Commercial haulers.
(a) Private haulers, for hire, of garbage, rubbish or trash shall,
before using the streets, alleys or easements of the City for their
business, obtain an annual license from the City. Application for such
license shall be filed with the City Secretary on a form prescribed by
the City Manager. Such application shall be designed to elicit pertinent
information as to the identity and location of the applicant, public
liability insurance or bond coverage, and type of vehicles to be operated
by the hauler within the City. An application charge payable to the City
of Fifty Dollars ($50.00) shall accompany the application. Such fee is
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not refundable.
(b) Before the issuance of a license required by this section, the
City Manager shall require proof of public liability insurance or bond
coverage on the operations of the applicant within the City, of not less
than Three Hundred Thousand Dollars($100,000.00) per accident, and Oie'Hindred
Thousand Dollars($100,000.00) per person, approved by the City Attorney.
The City Manager may inspect the applicant's vehicle at the city garage
and determine whether or not it is lawfully licensed and registered by
the State of Texas and bears valid current state safety inspection seals.
(c) Upon a finding that the applicant is qualified under this
section, an annual license, on a form designed by the City Manager; shall
be issued by the City Secretary.
(d) Failure of the hauler to possess, at all times during the
twelve (12) month period following the issuance of a license, the quali-
fications prescribed by this section, shall constitute ground for sus-
pension of the license, upon written order of the City Manager. The
licensee shall have the right to appeal such suspension to the City
Council.
SECTION IX.
That Article II of Chapter 12 of the Code of Ordinances is hereby
amended by adding thereto a new Section to be entitled Section 12-31
and to read as follows:
"Section 12-31. Charges for Collection by City.
(a) The rates and charges for the collection and disposal of
garbage, refuse and trash shall be those rates and charges as determined
by the City Council from time to time and on file in the office of the
City Secretary.
(b) The water department of the City shall be responsible for the
billing and collection of the charges for the collection and disposal of
garbage, refuse and trash. Such charges shall be paid to the water
department each month, with the water and sewer charges, if either or
both such city services are had. Unless otherwise expressly provided by
written agreement between the person to be billed and the City, which
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agreement shall be approved by the City Manager and filed with the
water department, such charges shall be assessed against the person
to whom the City is furnishing water and in whose name a water meter is
registered. The amount of the monthly sanitation charge shall be mailed
to such person by the water department on the same card with the statement
of charges for the monthly water or sewer services.
(c) In the event any person accepts city sanitation service and
is not being served by either the water or sewer systems of the City,
and no specially approved written agreement for billing has been filed
with the water department, then the sanitation charges shall be assessed
and billed in the name of the person who requests or accepts such service.
(d) The City Manager shall cause to be maintained in his office
an accurate commercial route record, on a monthly basis, sufficient for
billing purposes.
SECTION X.
That Article II of Chapter 12 of the Code of Ordinances is hereby
amended by adding thereto a new Section to be entitled Section 12-32
and to read as follows:
"Section 12-32. Penalty for Violation of Chapter.
Any person convicted for a violation or any provision, restriction,
requirement or prohibition of this chapter, for which no specific penalty
is provided, shall be fined in a sum of not less than Twenty-five Dollars
($25.00) and not more than Two Hundred Dollars ($200.00). A separate
offense shall be deemed committed on each day during or on which a viola-
tion occurs or continues.
SECTION XI.
It is the intention of the City Council, and it is hereby ordained,
that the provisions of this Ordinance shall be made part of the Code of
Ordinances, City of Pearland, Texas, and the sections of this Ordinance
may be renumbered to accomplish such intention.
SECTION XII.
All provisions of the Code of Ordinances of the City of Pearland,
Texas, in conflict with amendments herein made are hereby expressly
repealed to the extent of such conflict.
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SECTON XIII.
This Ordinance shall be effective and in full force on the tenth
day after its publication in•the official newspaper of the City of
Pearland, Texas.
PASSED and APPROVED ON FIRST READING this ,2/ day of
A.D., 1981.
MA OR, City o Pearland, Texas
ATTEST:
ecretary
PASSED and APPROVED ON SECOND and FINAL READING this 21, day of
an,4 / ,A.D., 1981.
ATTEST:
APPROVED AS TO FORM:
MAYOR, City of Pearland, Texas
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