ORD 2002-12TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 12
AN ORDINANCE REPEALING ORDINANCE NO. 92-11 OF THE TOWN OF
TROPHY CLUB, TEXAS, REGULATING THE DISPOSITION OF REFUSE,
RECYCLABLE, AND HAZARDOUS WASTE MATERIALS WITHIN THE
TOWN OF TROPHY CLUB, AND PROVIDING NEW REGULATIONS FOR
THE DISPOSITION OF REFUSE, RECYCLABLE, AND HAZARDOUS
WASTE MATERIALS WITHIN THE TOWN OF TROPHY CLUB, TEXAS;
SETTING FORTH DEFINITIONS; PROVIDING FOR DUTIES OF
RESIDENTIAL CUSTOMERS; PROVIDING FOR THE COLLECTION OF
BRUSH; SETTING FORTH PROVISIONS FOR RESIDENTIAL
COLLECTION CHARGES; PROVIDING FOR RESIDENTIAL
COLLECTION OF HAZARDOUS WASTE MATERIALS; REQUIRING THE
REMOVAL OF DEBRIS; ESTABLISHING DUTIES OF COMMERCIAL,
INSTITUTIONAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR
COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL COLLECTION;
ESTABLISHING PROHIBITED ACTS; PROVIDING A CUMULATIVE
REPEALER; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY;
PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000,00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas ("Town") is
empowered under the Texas Health and Safety Code and the Texas Local Government Code to
adopt provisions to regulate the disposition of refuse, recyclable, and hazardous waste materials
within the Town;
WHEREAS, on May 19, 1992, the Town adopted Ordinance No. 92-11 regulating the
disposition of refuse, recyclable, and hazardous waste materials within the Town;
WHEREAS, it is the desire of the Town to repeal Ordinance No. 92-11 in its entirety and
establish new requirements and standards for the disposition of refuse, recyclable, and hazardous
waste materials in order to protect the health and safety of the citizens of the Town of Trophy
Club.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this Ordinance as if
copied herein in its entirety.
SECTION 2.
DEFINITIONS
Words used in this ordinance shall be defined as follows:
Brush: Tree and shrub trimmings and limbs, etc. which exceed four (4) feet in length
and cannot be easily placed in refuse containers or loaded readily into regular refuse
compaction equipment.
Bulky waste: Stoves, refrigerators, water tanks, washing machines, furniture, appliances
and other waste materials, with weights and volumes greater than those allowed for
containers, but specifically excluding:
(1) Loose construction debris, carrion hazardous waste, medical waste or stable
matter;
(2) Any refrigerators, freezers, air conditioners, or other appliances that do not
contain written or visual evidence that the chlorofluorocarbons (CFS's), have
been removed therefrom by a certified, authorized, and licensed technician;
and
(3) Any other objects or items that contractor is precluded by federal, state, or
local law or regulation from collecting or disposing in a municipal sanitary
landfill.
Carrion: The dead and putrefying flesh or carcass of any animal, fowl or fish.
Commercial Containers: Metal containers supplied by the Town's approved franchise
vendor affording adequate capacity to service a customer so as to prevent spillage,
unsightly, and unsanitary conditions.
Curbside service: The pick up of garbage, trash, brush, bulky wastes, rubbish, debris, and
recyclable materials by the Town's approved franchise vendor at resident's street address.
Debris: Dirt, concrete, rocks, bricks or other waste building materials.
Garbage: Household waste, animal, or vegetable matter, as from a kitchen or food
processing facility; ashes or any other material which is damp or capable of emitting
noxious odors.
Hazardous Waste: Any liquid or solid material, oil, sludge, and any radioactive,
pathological, toxic, acidic, or volatile materials, or any chemical, compound, mixture,
substance, or article which is designated by the United States Environmental Protection
Agency or appropriate agency of the State of Texas to be "hazardous," "toxic" or a
"contaminant" or "pollutant," as such terms are defined by or pursuant to federal or state
law or regulation.
Pick -Up Dax: A day(s) scheduled by the Town for pick-up of refuse and recycling
materials. If a pick-up day falls on a holiday, there will not be refuse or recycling service
and a make-up day will not be substituted.
Recycling containers: An 18 -gallon container for use by residential customers for
curbside recyclable materials collection issued by the Town's approved franchise vendor.
Recyclable materials: The following items are allowed in recycling container(s) —
I- Plastic bottles numbered 1, 2, 3, 4, 5, 7 and plastic bottles composed of
H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene
terephthalate) bottles.
2- Clear, green, and brown, unbroken glass bottles and jars (excluding
mirrors, windows, ceramics, or other glass products).
3- Aluminum, tin and steel metal cans used for beverage, food, beer, and soft
drinks (excluding scrap metal, aerosol cans, foil, and utensils).
4- Telephone directories, newspapers, catalogs, and magazines.
5- Junk mail, cardboard and mixed household paper.
As recycling markets open up to additional recyclable materials, this list may be
expanded based on mutual agreement of The Town and contractor.
Refuse: All garbage, trash, rubbish, brush, and debris.
Refuse Container: Any plastic bag, cardboard, metal or wooden box having no outside
dimension of more than four (4) feet or any portable, closed, waterproof, plastic container
with a capacity or volume of forty-two (42) gallons or less; which is capable of
containing refuse without leaking or emitting odors, that does not allow items to be
scattered and which weighs when loaded, less than fifly (50) pounds per container and
which is placed at curbside for removal. All refuse placed within plastic containers shall
first be placed in a plastic bag, cardboard, metal or wood box.
Rubbish: All residentially generated waste wood, wood products, grass cuttings, dead
plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags,
straw, used and discarded mattresses, white goods, pulp, and other products such as are
used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral
or metallic substances and any and all other waste materials not included in the definition
of bulky waste, construction debris, garbage, refuse, or hazardous waste.
Trash: All refuse other than garbage, debris, brush, household furniture and appliances;
including but not limited to, grass clippings, leaves, paper, and other household trash not
included in the definitions of bulky waste, debris, garbage, refuse, rubbish or hazardous
waste.
SECTION 3.
DUTIES OF RESIDENTIAL CUSTOMER
It shall be the duty of each residential customer to place refuse and recyclable materials
as follows:
a. Each residential customer shall place all refuse (in the case of brush, if the size
allows) and recyclable materials in appropriate refuse or recycling containers
sufficient in number so that the refuse/recyclable materials shall not become or
constitute a public nuisance.
b. Refuse or recyclable materials shall not be placed at curbside prior to 7:00 pm on the
day before a pick-up day.
C. Recycling container and/or other refuse containers must be removed from curbside no
later than 7:00 am following a pick-up day.
d. All disabled residents shall be entitled to receive special pick-up assistance; in order
to receive assistance, such resident shall notify the Town's approved franchise vendor
of his/her need.
e. Refuse and all items included for residential collection shall be placed at curbside at
the resident's street address in containers in such a manner as to prevent such items
from being scattered.
f. Every resident shall notify the approved franchise vendor for the collection of bulky
waste, if such collection is needed. A fee may be assessed in accordance with the fee
schedule of the approved franchise vendor.
g. No residential customer shall place for collection or disposal, or permit to be placed
for collection or disposal, any hazardous waste.
h. Every residential customer is hereby required to monitor pickup of their own refuse
and recyclable materials. If after having timely placed containers for collection, such
containers are not emptied and the contents removed, as may be applicable within
twenty-four (24) hours of scheduled collection, the resident shall notify the Town's
approved franchise vendor and report the non -collection at their address.
SECTION 4.
RESIDENTIAL COLLECTION OF BRUSH
Brush that is of such a nature that it cannot be placed in refuse container shall be cut in
lengths not to exceed four (4) feet and shall be trimmed, stacked, tied and placed at curbside to a
height of not more than three (3) feet and a weight not to exceed fifty (50) pounds per bundle.
All vines and any thorny bushes shall be placed in a refuse container. A resident may receive a
special pick-up upon request made through the Town's approved franchise vendor. A fee based
upon quantity and volume may be assessed in accordance with the vendor's fee schedule in
effect at the time.
SECTION 5.
RESIDENTIAL COLLECTION CHARGES
The collection and removal of refuse from premises used for residential purposes shall be
made two (2) times each week, with a two or three day interval between each collection.
Recyclable materials will be picked up one (1) time each week, on the designated day given by
Town's approved franchise vendor. The charges for such services shall be assessed as specified
in the Town's contract with the approved franchise vendor. Such charges are subject to increase
or decrease from time to time based upon the then current terms of the Agreement between the
Town and the approved franchise vendor. All charges for services furnished or rendered
pursuant to this ordinance shall be due and payable on the date indicated on the bill and if not
paid by the due date, a ten percent (10%) late fee will be added to the current amount and the
total amount shall immediately become due and owing.
SECTION 6.
RESIDENTIAL COLLECTION OF
HAZARDOUS WASTE MATERIALS
Residents with proper identification and proof of residency will have the ability to
dispose of hazardous waste materials semi-annually at a mobile collection unit located within
The Town of Trophy Club or weekly at the City of Ft. Worth's Environmental Collection Center
in accordance with the recycling program and the hazardous material recycling contract
approved by the Town. If Council fails to approve a budget for the collection of hazardous
waste, the program shall be discontinued.
SECTION 7.
REMOVAL OF DEBRIS
Debris, as that term is defined herein, or other refuse resulting from construction, major
remodeling, general cleanup of property, or resulting from sizeable amounts of debris and other
refuse and debris and being cleared in preparation for construction will not be removed by the
Town as regular service. The property owner shall have such debris and other refuse removed at
his/her expense. A property owner may request a pick-up from the Town's approved franchise
vendor for the removal of debris. A fee for such service may be assessed in accordance with the
approved franchise vendor's fee schedule in effect at the time.
SECTION 8.
DUTIES OF COMMERCIAL, INSTITUTIONAL
AND INDUSTRIAL CUSTOMERS
It shall be the duty of the owner or person otherwise in charge of commercial,
institutional or industrial premises within the Town of Trophy Club to cause all refuse
accumulated on such premises to be placed in a commercial container(s). Commercial
containers must be placed at a location on the premises as designated by the Town of Trophy
Club and in compliance with all applicable Town ordinances.
SECTION 9.
COMMERCIAL, INSTITUTIONAL,
AND INDUSTRIAL COLLECTION
a. Frequency of collection: The collection and removal of refuse from houses, and other
structures and premises used for commercial, institutional, or industrial purposes shall
be made not less than one (1) time each week. Collection charges shall be assessed in
accordance with the Town's approved franchise vendor's fee schedule in effect at the
time.
b. Commercial, institutional, and industrial customers shall dispose of refuse by means
of commercial containers meeting Town specification. Additionally, multi -family
residential complexes may employ said commercial containers for refuse collection in
the same manner as commercial, institutional, and industrial customers.
SECTION 10.
PROHIBITED ACTS
a. It shall be unlawful for any person to sweep, throw, or deposit any refuse, stagnant
water, or carrion into, upon, or along any public property or private property of
another, except as may be specifically provided by this ordinance.
b. It shall be unlawful for any person owning or otherwise in control of any premises
within the Town of Trophy Club to permit any of the conditions described in Section
10(a), hereof to exist upon property owned or controlled by them after having actual
or constructive notice thereof.
C. It shall be unlawful for any person to place in any container any material other than as
specifically provided in this ordinance; including but not limited to hazardous waste.
d. It shall be unlawful for any person to deposit or maintain refuse except as provided
for by this ordinance.
It shall be unlawful for any person to deposit any ignited material in any container
used for the disposal of refuse.
f: It shall be unlawful for the dumping of any refuse including debris from construction,
major remodeling or general cleanup of property in any place within the Town of
Trophy Club.
g. It shall be unlawful for any commercial institution or industrial customer to remove
the drain plug from any commercial container
h. It shall be unlawful for any person to cause damage to or permit excessive buildup of
material in containers.
SECTION 11.
CUMULATIVE; REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 92-11 is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 92-11 on the date of adoption of
this Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 12.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing the
disposition of refuse, recyclable, and hazardous waste materials which have secured at the time
of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts,
SECTION 13.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 14.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 15,
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code,
SECTION 16.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 17.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the
this 41h day of March, 2002.
ATTES
Town Secretary
Town of Trophy Club, Texas
[SEAL)ell
M.1
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66
APPROVED )" '5 tb FORM:
Town Attorney _,...._
Town of Trophy Club, Texas
xas,