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O-2017-4778 - 9/28/2017 I ORDINANCE NO. 0-2017-4778 2 3 AN ORDINANCE AMENDING CHAPTER 32, SECTION 32-19, SECTION 32-22, 4 SECTION 32-24, SECTION 32-28, SECTION 32-29, AND SECTION 32-34, CODE OF 5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING 6 GARBAGE REGULATIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND 7 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 10 TEXAS: 11 I. 12 That Chapter 32, Section 32-19. Definitions, Code of Ordinances (2010 Edition), 13 City of Round Rock, Texas is hereby amended to read as follows: 14 Sec. 32-19. Definitions. 15 The following words when used in this article shall have the meanings ascribed to them in this section: 16 City shall mean the City of Round Rock, Texas. 17 Container shall mean a privately-owned cart, metal or plastic can, securely fastened trash bags, or 18 other sturdy receptacle for refuse or recyclable materials. 19 Garbage shall mean all animal and vegetable matter, such as waste material and refuse from kitchens, 20 residences, grocery stores, butcher shops, cafes, restaurants, drug stores, hotels, rooming, boarding, and 21 apartment houses, and other deleterious substances, not to include dirt, concrete, tile, plaster, rocks and 22 other substances. 23 Person shall include both singular and plural and shall mean and embrace any person, firm, or 24 corporation, their agents, servants, tenants and employees. 25 Premises shall mean business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, 26 eating houses, tourist camps, apartments, sanitariums, rooming houses, schools, private residences, 27 vacant lots, and other places within the city limits where refuse, either garbage or trash, accumulates. 28 Recyclable materials or recyclables shall mean materials that have been designated by the city to be 29 recovered or diverted from the nonhazardous solid waste stream for purposes of reuse, recycling or 30 reclamation. 31 Recycling Gentaine cart shall mean @Ry GGntaiRer a cart used, approved and issued by the city or the 32 city's contractor for the collection of recyclable materials. 33 Refuse shall mean all solid wastes, including garbage or trash. 34 Refuse Gentainer cart shall mean any GGRta G a cart used, approved, and issued by the city or the 35 city's contractor for the collection of refuse. 36 Trash shall mean rubbish such as feathers, coffee grounds, ashes, tin cans, paper bags, boxes, glass, 37 newspapers, magazines, and other such paper products, grass, shrubs, flowers, yard cleanings, grass 38 clippings, leaves, and tree trimmings; not to include dirt, concrete, tile, plaster, rocks, and other such 39 substances, and including handbills except when such handbills are distributed in a manner prescribed by 40 the city council and with written permission from the city manager certifying conformity with the outline 41 requirements of the council. 0112.1704;00385957 1 II. 2 That Chapter 32, Section 32-22, Code of Ordinances (2010 Edition), City of Round 3 Rock, Texas, is hereby amended to read as follows: 4 Sec. 32-22. Residential refuse. 5 (a) Qqnta�3erCart requirements. The city or its contractor will provide every person owning, managing, 6 operating, leasing or renting any residential premises, a refuse-Gefl#aieer cart. When, in the discretion 7 of the city manager or his designee, the refuse GORtaine cart is no longer serviceable, it shall be 8 replaced. In cases of abuse or neglect, the customer will be charged a replacement fee equal to the 9 cost of the refuse stainer cart. 10 (1) Refuse-sentainer-s carts shall be kept clean and free from accumulations of any substance 11 remaining attached to the inside of-sonta ners carts which would attract or promote the breeding 12 of mosquitoes or other insects. 13 (2) Excess refuse may be stored in-StNfi-dy—SeG holy fastened_p.lastiG one or more containers 14Ip aced directly adjacent to the-previd refuse container. 15 (b) Manner of disposal. It shall be the duty of every person owning, occupying, managing, operating, 16 leasing or renting any premises to place the daily accumulations of refuse in the refuse ^^tet@ine cart 17 described in subsection (a) herein. It shall be the duty of every person placing garbage or trash in 18 refuse GOntainers carts to eliminate as far as possible all water and liquid from such refuse. Refuse 19 shall be placed in GGRt2iReFS carts in such a way that no Gentainer nr refuse cart which is to be loaded 20 manually hydraulically shall weigh more than 80 pounds. 21 (c) Excess refuse. If the accumulation of refuse will not fit within a refuse cart, customers may place a 22 limited amount of refuse next to the refuse cart that meets the requirements below. Leaves and grass 23 clippings shall be placed in a container, and where possible, other excess refuse should be placed in 24 a container. Excess refuse such as tree limbs, cardboard boxes, and scrap lumber that cannot be 25 placed in a refuse cart or container, shall be neatly stacked and tied in a bundle not exceeding four 26 feet in length, width, or height. Each container or bundle shall not exceed 40 pounds. No more than 27 seven containers and/or bundles may be placed at the curb per collection day. 28 29 (6d) Collection by city. The city or its contractor will collect refuse from residential customers once weekly 30 and it shall be the duty of any person owning, occupying, managing, operating, leasing or renting any 31 residential premises to place the refuse Gnntainerc carts at the curb on the street prior to 7:00 a.m. on 32 the day established for collection, but no earlier than 7:00 a.m. the day prior to the established 33 collection day. Refuse containers shall be removed no later than 7:00 p.m. on the day after the 34 collection day. , 35 wbiGh oar}ne#-saa en4en#y-be-p1aced-4n-44e4efuse-Gefl#a+neFsasessri-bed-herein-, shall be tied-er 36 staeked4n-conqpacA-bu44d4es ppFGvide - o^mer;that tree-Limbs-shad-be Gut inte length S n E)t e., R 37 threeeet-and shall t evreed Six 4n.Shec�iaMeteF. Lea-ves and grass nlinnings shall h,aqianed 38 Gentei-Rers er-pla-sbG-bags. 39 (de) Storage of containers. Refuse containers shall be stored behind the front building wall of the 40 residential structure when not placed out for collection. 41 (ef) Recycling containers. The requirements set forth in Section 32-22 (a), (b), and (c) pertaining to 42 refuse containers shall also apply to recycling containers. 43 2 1 III. 2 That Chapter 32, Section 32-24, Code of Ordinances (2010 Edition), City of Round 3 Rock, Texas, is hereby amended to read as follows: 4 Sec. 32-24. Pilfering from carts and containers, etc. 5 6 Pilfering or scattering contents of refuse carts or containers, or meddling with refuse carts or containers 7 in any way, is prohibited. 8 IV. 9 That Chapter 32, Section 32-28, Code of Ordinances (2010 Edition), City of Round 10 Rock, Texas, is hereby amended to read as follows: 11 Sec. 32-28. Disposal of dead animals. 12 (a) Small animals. Dogs, cats, or any other small dead animal shall not be placed in refuse carts or 13 containers. The animal warden of the city will remove such small dead animal, upon notice to do so. 14 (b) Heavy animals. Heavy dead animals, such as horses, cows, and mules, shall be removed and 15 disposed of at the expense of the owner or person having charge of same and by burial at some 16 location as approved by the-san+tati-en superi tende-ntcity. 17 18 V. 19 That Chapter 32, Section 32-29, Code of Ordinances (2010 Edition), City of Round 20 Rock, Texas, is hereby amended to read as follows: 21 Sec. 32-29. Disposal of bulky, heavy materials. 22 (a) Size restrictions. Heavy accumulation such as brush, broken concrete, ashes, appliances, sand or 23 gravel, automobile frames, dead trees, or mee limbs eXGeediRgthrcr ree feet in IeRgth Or SiX iRGhrres iii 24 diameterT any excess refuse exceeding the limits of Sec. 32-22 above, and other bulky materials, shall 25 be disposed of at the expense of the owner or persons controlling same. 26 (b) Disposition of waste from building operations. Rock, dirt, concrete, brick, tile, plaster, waste, scrap 27 building materials, or other trash resulting from a general cleanup of vacant or improved property, or 28 resulting from sizable amounts of trees, brush, and debris cleared from property in preparation for 29 construction, will not be removed by the city. The owner will have such debris removed at his own 30 expense. 31 (c) Wastes from tree trimming operations. It shall be the duty of any person employing, engaging, or 32 otherwise paying a contractor, student, professional tree trimmer, or any other person, to trim and 33 prune his trees or shrubs, to have the trimmings and debris removed at the owner's expense. The city 34 will not remove trimmings and debris created by such persons as regular service. 35 (d) Brush collection by city's contractor. Upon the request of an owner or occupant of a residence or 36 business, the city's contractor-w+14 may pick up tree trimmings and/or brush from such owner or 37 occupant of a residence or business. Thetree-t irMn.r. G�r--br-u-sh-m-uet-be-pla anent 38 te4he street- i-ght-ef-wa-y--The-ewr4er--or--oGrupa-nt-wilt-be-char-ged-an-amGu,--as-surrent abl+�hed 3 I er-a-s_h fter-adepted by4eselu#GR--ef-t4e-eit-y-seupcil fr-ern time4e4me.The owner will be responsible 2 for the expense of removing such brush. 3 VI. 4 That Chapter 32, Section 32-34, Code of Ordinances (2010 Edition), City of Round 5 Rock, Texas, is hereby amended to read as follows: 6 Sec. 32-34. Recycling. 7 (a) The city or its contractor will provide recycling rnntninerc carts to every person owning, managing, 8 operating, leasing, or renting any residential premises for the purpose of separating and storing 9 recyclable materials for collection. When in the discretion of the city manager or his designee, the 10 recycling-eentainer cart is no longer serviceable, it shall be replaced. In cases of abuse or neglect, the 11 customer will be charged a replacement fee equal to the cost of the recycling sentainer cart. 12 (b) The city shall collect recyclable materials from residential customers once every other week and it 13 shall be the duty of any person owning, occupying, managing, operating, leasing or renting any 14 residential premises to place the recycling sentainer cart at the curb on the street prior to 7:00 a.m. on 15 the day established for collection. 16 (c) Recyclable materials shall be limited to the following: Office paper; newsprint; magazines and catalogs; 17 aluminum, steel and tin containers, glass bottles and containers, HDPE and PET plastic bottles #1, 18 #2, #3, #4, #5, #6, #7; and household paper products to include junk mail, envelopes, cereal boxes, 19 cardboard, boxboard and telephone books. 20 21 VII. 22 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 23 expressly repealed. 24 B. The invalidity of any section or provision of this ordinance shall not 25 invalidate other sections or provisions thereof. 26 C. The City Council hereby finds and declares that written notice of the date, 27 hour, place and subject of the meeting at which this Ordinance was adopted was posted 28 and that such meeting was open to the public as required by law at all times during which 29 this Ordinance and the subject matter hereof were discussed, considered and formally 3o acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government 31 Code, as amended. 4 1 Yl- 1 READ and APPROVED on first reading this the + day of 2 , 2017.A 3 READ, APPROVED and ADOPTED on second reading this the �^day of 4 , 2017. 5 6 7 CRAIG ORG N Mayor s City of ' ound R k, Texas 9 10 11 ATTEST: 12 10 13 wm--- lwkL 14 SARA L. WHITE, City Clerk 5