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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 I 66 APPROVED )" '5 tb FORM: Town Attorney _,...._ Town of Trophy Club, Texas xas,