ORD 2025-10 Solid Waste Collection TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-10
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 "UTILITIES",
ARTICLE 13.02 "SOLID WASTE", DIVISION 1 "GENERALLY" OF THE
CODE OF ORDINANCES, THE TOWN OF TROPHY CLUB, TEXAS, BY
REPEALING DIVISION 1 IN ITS ENTIRETY AND ADOPTING NEW
DIVISION 1; AND BY AMENDING SECTION 13.02.041 "DEFINITIONS"
OF DIVISION 2 "DISCARDED MATERIALS"; PROVIDING FOR SOLID
WASTE COLLECTION; PROVIDING THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
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 IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club ("Town") is a home rule municipality acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 10.03 of the Town Charter provides that the Town Council,
after public hearing, has the authority to enter into a franchise agreement by ordinance;
and
WHEREAS, the Town Council granted a franchise agreement for solid waste
collection services with Community Waste Disposal to be effective beginning on June 1 ,
2025, to provide solid waste management, collection, and disposal services for the
benefit of the health, safety, and welfare of the general public; and
WHEREAS, the Town Council is authorized to adopt regulations for controlling
and governing solid waste collection, handling, transportation, storage, processing and
disposal pursuant to Chapter 363 of the Texas Health and Safety Code, and other laws
of the state of Texas; and
WHEREAS, the Town Council finds that this Ordinance is in the best interest of
the Town and is necessary to preserve and protect the public health, safety, and
general welfare of the citizens of the Town and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ORDINANCE 2025-10 PAGE 2
SECTION 1.
All of the premises and recitals above are true and correct and are hereby
incorporated in the body of this Ordinance as if fully set forth herein.
SECTION 2.
Division 1 "Generally" of Article 13.02 "Solid Waste" of the Code of Ordinances,
Town of Trophy Club, Texas, is hereby repealed in its entirety and replaced with the
following:
"Division 1 Solid Waste and Recycling Collection and Disposal
§ 13.02.001 Regulations for collection and disposal.
The regulations regarding solid waste collection and disposal, including, but not limited
to, the definitions, rates, and charges for solid waste collection services, are contained
in the effective franchise agreement for solid waste collection services (the "Franchise
Agreement"), which was approved by the Town Council in accordance with Section
10.03 of the Town Charter, and is hereby incorporated into this article by reference and
kept on file in the Town Secretary's Office, as amended.
§ 13.02.002 Mandatory solid waste services.
Every owner, occupant, tenant, or lessee using or occupying any building, house or
structure within the town shall be required to use the town's approved franchise vendor
for solid waste collection service pursuant to the Franchise Agreement and pay the
applicable solid waste fee as established by the Franchise Agreement, or otherwise
established by ordinance for residential, commercial, or industrial rates.
§ 13.02.003 Duties of residential customers.
It shall be the duty of each residential customer to place refuse and recyclable materials
as follows:
(1) 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.
(2) Recycling containers and/or other refuse containers shall not be placed at
curbside prior to 7:00 p.m. on the day before a pickup day.
(3) Recycling containers and/or other refuse containers must be removed from
curbside no later than 7:00 a.m. following a pickup day.
ORDINANCE 2025-10 PAGE 3
(4) All disabled residents shall be entitled to receive special pickup assistance. In
order to receive assistance, disabled residents shall notify the town's approved
franchise vendor of his/her need.
(5) Refuse and all items included for residential collection shall be placed at curbside
at the resident's street address in refuse containers and shall be placed and
maintained in such a manner as to prevent refuse from being scattered. Refuse
placed inside of an allowed cardboard, metal or wooden box, or other
unauthorized plastic container shall be bagged in a plastic bag, and no loose
trash shall be placed in a cardboard, metal or wooden box, or an unauthorized
plastic container.
(6) Every resident shall notify the approved franchise vendor for the collection of
bulky waste exceeding four (4) cubic yards, if such collection is needed. A fee
may be assessed in accordance with the fee schedule of the approved franchise
vendor.
(7) No residential customer shall place for collection or disposal, or permit to be
placed for collection or disposal, any hazardous waste.
(8) 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.
§ 13.02.004 Disposal of residential hazardous waste materials.
Residential customers may request collection of hazardous waste through the town's
approved franchise vendor. Customers shall follow all guidelines and scheduling
requirements set by the vendor for the proper disposal of hazardous waste.
§ 13.02.005 Residential collection of brush.
Brush that is of such a nature that it cannot be placed in a refuse container shall be cut
in lengths not to exceed four (4) feet and shall not exceed fifty (50) pounds per bundle.
All brush that is of such nature that it may be placed in a refuse container, including
without limitation all vines and thorny bushes, shall be placed in a plastic bag prior to
placement in a refuse container, and no loose brush shall be placed in a cardboard,
metal or wooden box, or an unauthorized plastic 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 approved
vendor's fee schedule in effect at the time.
ORDINANCE 2025-10 PAGE 4
§ 13.02.006 Prohibited acts and conditions.
(1) It shall be unlawful for any person to sweep, throw, or deposit any refuse,
stagnant water, solid waste, or carrion into, upon, or along any public property or
private property of another, except as may be specifically provided by the
Franchise Agreement or this article.
(2) It shall be unlawful for any person owning or otherwise in control of any premises
within the town to permit any of the conditions described in subsection (a) of this
section to exist upon property owned or controlled by them after having actual or
constructive notice thereof.
(3) It shall be unlawful for any person to place in any container any material other
than as specifically provided in the Franchise Agreement or this article, including
but not limited to hazardous waste.
(4) It shall be unlawful for any person to deposit or maintain refuse except as
provided for by the Franchise Agreement or this article.
(5) It shall be unlawful for any person to deposit any ignited material in any container
used for the disposal of refuse.
(6) It shall be unlawful for a person to allow or cause the dumping of any
construction debris or other refuse, including without limitation that produced as a
result of major remodeling or general cleanup of property, at any location within
the town, except as provided in the Franchise Agreement or this article.
(7) It shall be unlawful for any commercial institution or industrial customer to
remove the drain plug from any commercial container.
(8) It shall be unlawful for any person to cause damage to or permit excessive
buildup of solid waste, refuse, or other material in refuse or recycling containers.
(9) It shall be unlawful to deposit household, commercial, or industrial waste in Town
owned or controlled public waste receptacles intended for pedestrian or public
space use.
§ 13.02.007. Removal of debris from construction or cleanup of property.
Construction debris, as that term is defined in the Franchise Agreement, or other
refuse resulting from preparation for construction, construction, major remodeling, or
general cleanup of property, or sizeable amounts of refuse due to construction,
construction preparation, remodel, or general cleanup of property, will not be removed
by the town or the town's authorized franchise vendor as a regular service. The property
owner, or its contractor or authorized agent, shall have such construction debris
removed at its own expense. A property owner, or its contractor or authorized agent,
shall request a pick-up from the town's approved franchise vendor for the removal of
ORDINANCE 2025-10 PAGE 5
construction debris in accordance with the Franchise Agreement. A fee for such service
may be assessed in accordance with the approved vendor's fee schedule.
§ 13.02.008 Penalty.
A violation of any provision of this division is hereby declared to be a public nuisance,
and it shall be unlawful for any person to violate any provision of this division, and any
person violating or failing to comply with any provision of this division shall be fined,
upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
SECTION 3.
Division 2 "Scavenging Refuse" of Article 13.02 "Solid Waste" of the Code of
Ordinances, Town of Trophy Club, Texas, is hereby amended by replacing Section
13.02.041 "Definitions" its entirety with the following:
"§ 13.02.041 Definitions.
Discarded materials. Recyclable items, reusable items, household trash, garbage,
refuse, solid waste, debris, and other waste materials as specifically or generally
defined in the Franchise Agreement."
SECTION 4.
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the Town Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clauses, or phrases of this Ordinance; since the same would have been
enacted by the Town Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause, or phrase.
SECTION 6.
All rights and remedies of the Town are expressly saved as to any and all
violations of the ordinances of the Town that have accrued at the time of the effective
ORDINANCE 2025-10 PAGE 6
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 7.
The Town Secretary is hereby directed to publish the caption and penalty clause
of this Ordinance in the official newspaper of the Town as provided by Section 3.16 of
the Town's Charter.
SECTION 8.
This Ordinance shall become effective on June 1, 2025, after passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED by the Town of rophy Club, Texas, this the 14TH
day of April 2025.
2 lG can IN
a , Mayor
ATTEST: O ��1
ARN(
Ta y Dixon, To Sec -t.ry
APPROVED AS TO FORM:
Dea ggi , T ttorney