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O-68-209 - 4/23/1968ORDINANCE NO Ci AN ORDINANCE OF TBE CITY OF ROUND ROCK, TEXAS, PRESCRIBING METHODS FOR DEPOSITING GARBAGE, TRASH, ETC., ON STREETS, VACANT LOTS, ETC.; PRESCRIBING DUTIES OF OWNERS, OCCUPANTS, ETC. OF CANS OR CONTAINERS; SETTING OUT REQUIREMENTS AS TO CONTAINERS USED FOR GARBAGE AND TRASH; REQUIRING LIDS AND COVERS TO BE KEPT SECURE AND FASTENED EXCEPT WHEN IN ACTUAL USE; DESIGNATING THE PLACING OF GARBAGE AND TRASH CANS FOR COLLECTION; PROVIDING THAT TRASH NOT IN CONTAINERS WILL NOT BE COLLECTED; PROVIDING THAT OWNERS, OCCUPANTS, ETC., REDUCE SIZE OF LARGE BULKY OBJECTS PLACED IN CONTAINERS; PROVIDING METHOD FOR DISPOSAL OF DEAD ANIMALS; PROVIDING FOR DISPOSI- TION OF WASTE FROM BUILDING OPERATIONS; PROVIDING FOR THE DISPOSITION OF WASTE FROM TREE TRIMMING OPERATIONS; PROVIDING THAT COLLECTION, ETC., BE CARRIED ON IN SYSTEMATIC AND EFFICIENT MANNER; REQUIRING OWNERS, OCCUPANTS, ETC., TO SEE THAT CANS AND RECEPTACLES ARE EMPTIED AND THAT A REPORT BE MADE IF SAME ARE NOT EMPTIED; PROVIDING THAT GARBAGE AND TRASH MUST BE DRAINED BEFORE PLACING IN CAN OR RECEPTACLE AND THAT ANIMAL MATTER BE WRAPPED IN PAPER; REQUIRING THAT A PERMIT FOR PRIVATE COLLECTION AND DISPOSAL BE SECURED; PROVIDING DUTIES OF DULY APPOINTED PERSON AS TO INSPECTION AND ENFORCEMENT OF ORDINANCE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING SEVERABILITY OF PARTS OR ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. DEFINITIONS: The following words when used in this ordinance shall have the meanings ascribed to them in this section; (a) Garbage - The term "garbage" shall be held to mean all animal and vegetable matter, such as waste material and refuse from kitchens, residences, grocery stores, butcher shops, cafes, restaurants, drug- stores, hotels, rooming boarding, and apartment houses, and other deleterious substances, not to include dirt, concrete, tile, plaster, rocks, and other such substances. (b) Trash - The term "trash" shall mean rubbish, such as feathers, coffee grounds, ashes, tin cans, paper bags, boxes, glass, newspapers, magazines, and other such paper products, grass, shrubs, flowers, yard cleanings, grass clippings, leaves, and tree trimmings, not to include dirt, concrete, tile, plaster, rocks, and other such substances, and including hand bills except when such hand bills are distributed in a manner prescribed by the City Council and with written permission from the City Manager certifying conformity with the outlined requirements of the Council. - 1 - (c) Person - The word "person" shall include both singular and plural and shall mean and embrace any person, firm, or corporation, their agents, servants, tenants, and employees. (d) City - The word "city" when used in this ordinance shall mean the City of Round Rock, Williamson County, Texas. (e) Pronouns - Pronouns in the masculine gender shall include the corres- ponding word in the feminine or neuter gender. Section 2. DEPOSITING GARBAGE, TRASH, ETC. ON STREETS, VACANT LOTS, ETC: It shall be unlawful for any person to sweep, haul, throw or de- posit any garbage, hand bills, trash, dirt,concrete, rocks, brick, plaster, tile, stagnant water, or dead animal into, upon, or along any drain, gutter, alley, sidewalk, parkway, street, in the window, door handle or under the windshield wiper of an automobile, or vacant lot, or upon any public or private premises within the corporate limits of the City. In the event hand bills are distributed, they must be dis- tributed in a manner prescribed by the City Council and with written permission from the City Manager certifying conformity with the outlined requirements of the City Council. Section 3. DUTY OF OWNER, OCCUPANT, ETC. TO PROVIDE CANS OR CONTAINERS: Every owner, occupant, tenant, or leasee using or occupying any building, house,or structure within the corporate limits of the City for residences, churches, schools, colleges, universities, lodges, commercial, industrial, business or other purposes, shall provide and maintain garbage cans and receptacles of sufficient number and type as hereinafter specified, to hold the garbage and trash that will normally accumulate on the premises. Section 4. REQUIREMENTS AS TO CONTAINERS USED FOR GARBAGE AND TRASH: Each of such owners, occupants, tenants, or lessees described in the - 2 - preceding section of this ordinance shall provide an adequate number of suitable metal containers, or of other suitable material approved by the Director of Public Works and/or the City Manager, for garbage and trash which must be substantially constructed, water tight, and of a solid and durable grade of metal of not less than twenty (20) nor more than thirty- two (32) gallons capacity, and the combined weight of the container and the contents shall not exceed one hundred (100) pounds. The container shall be provided with suitable lifting handles on the outside and a close fitting metal or other approved cover equipped with a handle. The container must not have any inside structures, such as inside bands or reinforcing angles or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated, or that have been damaged to the extent of having jagged or sharp edges capable of causing injury to city collectors, or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, will be condemned by the City, acting through its Health Officer or his duly authorized representatives, and if such containers are not replaced after notice to the owner or user of their defective condition, they shall be confiscated. Provided, however, that this section shall become effective two (2) months on and after the effective date of this ordinance. Section 5. LIDS OR COVERS OR CONTAINERS TO BE KEPT SECURE AND FASTENED EXCEPT WHEN IN ACTUAL USE: The lids or covers of all garbage and trash containers shall at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof. Such lids or covers shall only be removed while the containers or receptacles are being filled or emptied, as the case may be. Provided, however, that this section shall become effective two (2) months on and after the effective date of this ordinance. - 3 - Section 6. PLACING GARBAGE AND TRASH CANS FOR COLLECTION: If the house, building or premises from which the garbage and trash is to be collected and removed is adjacent to an alley, the owner,occupant, or lessee of such premises shall be required to place the containers adjacent to the alley for collection, in order that they may be easily accessible to the collector from the outside of any fence that may surround the premises. In the event it is not practicable to collect and remove garbage and trash from an alley, or if there is no alley adjacent to the premises, the owner, occupant, tenant, or lessee of the premises, shall place the container for collection so that the collector shall not be required to go more than twenty (20) feet beyond the collection vehicle for the purposes of collection; nor shall the collector be required to service containers situated within a fence unless such containers can be easily removed by the collector without going inside of such fenced area. In no event shall the collector be required to enter buildings, garages, breezeways, carports, or other structures to make collections. No container shall be placed either for storage or collection at a point nearer the street than the front of each principal building, house, dwelling unit, or structure concerned. In the event it is not practical to place the containers for collection as above specified, the City Manager shall determine the location of the containers. Section 7. COLLECTION OF TRASH NOT IN CONTAINERS: In the event trash is of such nature that it cannot be put in the regulation containers, it shall be placed in disposable containers or in neat and orderly piles, and placed adjacent to the alley or on the edge of the alley, in order that it may be removed conveniently. Tree limbs and hedge clippings shall not exceed ten (10) feet in length and no single tree limb, stump, or cutting shall exceed one hundred (100) pounds each. Trash collected, under this section shall not exceed two (2) cubic yards - 4 - by volume or a single truck load, whichever is the greater, on any one collection day. Provided, however, that it shall be unlawful for any person to place trash in an alley or street so as to obstruct or hamper vehicular or pedestrian traffic. Section 8. DISPOSAL OF DEAD ANIMALS: Dogs, cats, or any other dead animals shall not be placed in garbage or trash containers. The dead animal pick-up service of the City will, upon notice to do so, remove such small dead animal. Section 9. DISPOSITION OF WASTE FROM BUILDING OPERATIONS: Rock, dirt, concrete, brick, tile, plaster, waste, scrap building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush, and debris, cleared from property in preparation for construction, will not be removed by the City as regular service. The owner will have such debris removed at his expense. Section 10. WASTES FROM TREE TRIMMING OPERATIONS: It shall be the duty of any person employing, engaging, or otherwise paying a contractor, student, professional tree trimmer, or any other person, to trim and prune his trees or shrubs to have the trimmings and debris removed at the owners expense. The City will not remove trimmings and debris created by such persons as regular service. Section 11. COLLECTION, ETC. TO BE CARRIED ON IN SYSTEMATIC AND EFFICIENT MANNER: The collection, removal, and disposal of all garbage and trash shall be made at least once each week from houses, buildings, and premises used for residential purposes and certain types of places of business as weather conditions and other uncontrollable factors will permit. The collection, removal, and disposal of all garbage and trash shall be made daily Monday through Saturday from certain types of places of business as weather - 5 - w conditions and other uncontrollable factors will permit. Such collection, removal, and disposal of garbage and trash shall be carried on in a systematic and efficient manner, keeping the City in a clean and sanitary condition. Section 12. DUTY OF OWNER, OCCUPANT, ETC. TO SEE THAT CANS AND RECEPTACLES ARE EMPTIED: REPORT AFTER SEVEN DAYS Every owner, occupant, tenant, or lessee of a house or building used for residential, public, business, or commercial purposes is required to maintain constant supervision and surveillance over the garbage and trash cans and receptacles servicing his premises. If the cans and receptacles are not emptied and the contents removed by an agent or representative of the City or other duly authorized person for a period of seven (7) days, he must notify the City Manager of the City of this fact within three (3) days. Section 13. GARBAGE AND TRASH TO BE DRAINED BEFORE PLACING IN CAN OR RECEPTACLE; ANIMAL MATTER TO BE WRAPPED IN PAPER: All garbage and trash that is mixed with water or other liquid shall be thoroughly drained before being put in garbage and trash cans or re- ceptacles for collection. All animal .matter that is subject to decomposition shall be well wrapped in paper or other combustible material before being deposited in such container or receptacle. Section 14. DUTY OF HEALTH OFFICER OR HIS AUTHORIZED REPRESENTATIVE AS TO INSPECTION AND ENFORCEMENT OF ORDINANCE. In addition to the usual enforcement agencies of the City, it is hereby the duty of the City Manager or his authorized representative to make inspection trips at regular intervals to determine whether or not garbage and trash is being properly collected, removed and disposed of as required by the provisions of this ordinance or any other applicable - 6 - 4 a ordinance. In the event it is found that this ordinance or any other applicable ordinance is being violated, appropriate and timely action shall be taken to insure full compliance with its provisions. Section 15. PENALTY: Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof in the Corporation Court of the City shall be fined in any sum not exceeding two hundred ($200.00) dollars and each offense and each day such violation continues shall constitute a separate offense. Section 16. PUBLICATION AND EFFECTIVE DATE: This ordinance or a condensation thereof shall be published in the Round Rock Leader for three (3) consecutive weeks and shall become effective and be in full force ten (10) days from the date of the last publication. Section 17. REPEAL OF CONFLICTING ORDINANCES: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 18. SEVERABILITY OF PARTS OR ORDINANCE: It is hereby declared to be the intention of the City Council of the City that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or contravene superior law by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance since the same - 7 - would have been enacted by the City Council without the incorporation in the ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section, INTRODUCED AND PASSED at the regular meeting held on the 23rd day of April, 1968. ATTEST: RUBY BU' CITY SECRETARY MAYOR, CITY OF ROUND ROCK I, Ruby Burk, City Secretary of the City of Round Rock, Texas, do hereby certify that the above and foregoing is a true and correct copy of the ordinance to which it relates. jC City Se etg 01 the6ity Round Rock, Texas ( City Seal )