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O-79-709 - 8/23/1979ORDINANCE NO.. 709 AN ORDINANCE ANNENDING CHAPTER 10, SECTION 3 OF THE CODE OF ORDINANCES OF THE CITY OF ROUND ROCK, TEXAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: THAT, Chapter 10, Section 3 of the Code of Ordinances of the City of Round Rock, Texas is hereby amended to read as follows: I. SECTION 3; GARBAGE REGULATIONS A. DEFINITIONS The following words when used in this Section shall have the meanings ascribed to them in this Subsection: City when used in this Section shall mean the City of Round Rock, Williamson County, Texas. 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 substances. Person shall include both singular and plural and shall mean and embrace any person, firm, or corporation, their agents, ser- vants, tenants, and employees. Premises shall mean business houses, boardinghouses , offices, theaters, hotels, restaurants, cafes, eating houses, tourist camps, apartments, sanitariums, rooming houses, schools, private resi- dences, vacant lots and other places within the city limits where refuse, either garbage or trash, accumulates. Refuse shall mean all solid wastes, including garbageor trash. Sanitation superintendent shall mean the superintendent of sanitation of the City of Round Rock or his authorized agent. Trash_ shall mean rubbish such as feathers, coffee grounds, ashes, tin cans:, paper bags, boxes, glass, newspapers, magazines, and other such paper products, ings, grass clippings, leaves, dirt, concrete, tile, plaster, and including handbills except grass, shrubs, flowers, yard clean and tree trimmings, not to include rocks, and other such substances, when such handbills are distributed in a manner prescribed by the City Council and with written permission from the. City Manager certifying conformity with the outline re- quirements of the Council. B. DEPOSITING GARBAGE AND TRASH ON STREETS OR VACANT LOTS PROHIBITED It shall be unlawful for any person to sweep, haul, throw or deposit any garbage, handbills, trash, dirt, concrete, rocks, bricks, plaster, tile, stagnant water, or dead animals into, upon, or along any drain, gutter, alley, sidewalk, parkway, street, in the window, door handle or under the windshield wiper of an auto- mobile, or vacant lot, or upon any public or private premises within the corporate limits of the City. In the event handbills are distributed, they must be distributed in a manner prescribed by the City Council and with written permission from the City Manager certifying conformity with the outline requirements of the City Council. C. SANITATION SUPERINTENDENT; EMPLOYMENT; DUTIES GENERALLY There is hereby established the office of sanitation superin- tendent of the City of Round Rock, Texas, The sanitation superin- tendent shall be employed by and shall be under the direction of the Director of Public Works of the City of Round Rock. He shall be charged with the responsibility of keeping the City of Round Rock clean of refuse and such other responsibilities and duties as may be delegated to him from time to time by the Director of Public Works. D. RESIDENTIAL REFUSE 1. Container requirements,. It shall be the duty of every person owning, managing, operating, leasing or renting any residential premises, to pro- vide a container or containers for refuse sufficient in size and number to accow iodate and securely keep all refuse that may accumulate between collections as follows; (a) There shall be provided for each residential household one or more portable containers which shall be made of galvanized metal or plastic with handles on the sides and securely fitting lids which shall be rodent and fly proof. Such containers shall be kept clean and free from accumulations of any substance remaining attached to the inside of con- tainers which would attract or promote the breeding of mosquitoes or other insects. Such containers shall have a capacity of not less than twenty (20) gallons and not more than thirty, -two (32) gallons. (b) Trash may be stored in sturdy securely fastened plastic bags. 2. Manner of disposal. It shall be the duty of every person owning occupying, managing, operating, leasing or renting any premises to place the daily accumulations of refuse in the container or containers described in section D-1 herein. It shall be the duty of every person placing garbage in suchcontainers to eliminate as far as possible all water and liquid from such refuse. Refuse shall be placed in containers in such a way that no container or refuse which is to be loaded manually shall weigh more than eighty (80) pounds. 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 extent that the covers will not fit securely, will be condemned by the City, acting through its Director of Public Works, Health Officer, or their duly authorized representatives. If such containers are not replaced after notice to the owners or user of their defective condition, they shall be confiscated. 3. Collection by- City. The city shall collect refuse from the residential areas of the city twice weekly (except when an observed holiday falls on a week day) and it shall be the duty of any person owning, occupying, managing, operating, leasing or renting any residential premises to place the containers at the curb on the street prior to 7:00 o'clock a.m. on the day established for collection. Ordi- nary accumulations of rubbish such as tree limbs, paper boxes and scrap lumber; whichcannot conveniently be placed in containers as described herein, shall be tied or stacked in compact bundles; provided however that tree limbs shall be cut into lengths not exceeding three (3) feet and shall not exceed six (6) inches in diameter. Leaves and grass clippings shall be placed in containers or plastic bags. E. COMMERCIAL REFUSE 1. Containers. The City will provide containers suitable for dumping by mechanical means for business and commercial establishments. Containers will be placed on private premises at locations agreed between the owner or occupant and the sanitation superintendent. The City will not be responsible for damages to paved surfaces on private property caused by refuse collection trucks. Suffi- cient containers will be placed to accommodate the refuse from each business. Adjacent small businesses may share containers. Where containers are not practicable, cans as described in section D-1 may be used, but only with the permission of the Director of Public Works. Where cans are used, the collection will be in- cluded in residential collections. 2. Manner of disposal. All refuse from business and coiw.uercial establishments shall be placed in the containers provided by the city. No refuse shall be left outside the containers. All garbage shall be drained - 4 before placing in containers. All packing boxes larger than 2 cubic feet must be flattened before placing in containers. No manure, building materials, rocks, dirt or dead animals shall be placed in the containers. 3. Collection by City. The city shallcollect refuse from business and commercial containers at least three (3) times a week, or more often if in the opinion of the Public Works Director, it is required. F. PILFERING FROM, ETC., CONTAINERS Pilfering or scattering contents of refuse containers, or meddling with refuse containers in any way is prohibited. G. COLLECTION BY OTHER THAN CITY RESTRICTED 1. It shall be unlawful for any person to engage in the business of collecting refuse within the City of Round Rock un- less he shall have been issued a permit therefore which is in force and effect. The fee for such permit shall be five hundred dollars ($500.00) per year for the use of one truck and one hundred dollars ($100.00) per year for the use of each additional truck. All fees shall be payable in advance, and the permit shall be valid for the period of time for which the fee is paid. No permit shall cover a period of less then one year. 2. This section does not prohibit a person occupying, managing or operating any premises from transporting and disposing of refuse from his own premises provided that such refuse is transported and disposed of in compliance with iihis ehapter. H. EXCESSIVE ACCUMULATION Businesses which produce excessive accumulations of refuse may be excluded from the service provided by the city. Such accumulations shall be removed and disposed of by the owner or person in charge of same, provided that the owner or person in charge shall secure from the city sanitation department a written 5 permit for removal and disposal of same. Said permit shall be issued only after said sanitation superintendent has satis- fied himself that the permittee is capable of complying with the requirements of this chapter. The permit may be revoked by the city sanitation superintendent when deemed necessary to protect the public welfare. I. INCINERATION Any person who occupies, operates or manages any premises within the city may incinerate refuse on his premises provided that the method of incineration is such that smoke emission falls within the limits prescribed by the Texas Air Control Board. Open burning of refuse or burning of refuse in barrels, pits or other open or screened containers is prohibited. J. DISPOSAL OF DEAD ANIMALS (a) Dogs, cats, or any other small dead animal shall not be placed in refuse containers. The animal warden of the City will remove such small dead animal, upon notice to do so. (b) Heavy dead animals, such as horses, cows, and mules shall be removed and disposed of at the expense of the owner or person having charge of same and by burial at some location as approved by the sanitation superintendent. K. DISPOSAL OF BULKY, HEAVY MATERIALS (a) Heavy accumulation such as brush, broken concrete, ashes, appliances, sand or gravel, automobile frames, dead trees, or tree limbs exceeding three (3) feet in length or six (6) inches in diameter, and other bulky materials shall be disposed of at the expense of the owner or persons controlling same. (b) Disposition of Waste from Building Operations. Rock, dirt, concrete, brick, tile, plaster, waste, scrap building materials, or other trash resulting from a general cleanup - 6 of vacant or improved property, or resulting from sizable amounts of trees, brush, and debris, cleared from property in preparation for construction, will not be removed by the City. The owner will have such debris removed at his own expense. (c) 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 owner's expense. The City will not remove trimmings and debris created by such persons as regular service. L. DISPOSAL OF ANIMAL WASTES, WASTE OIL AND INDUSTRIAL WASTES Manure from cow lots, horse stables, poultry yards, pigeon lofts and other animal or fowl pens, waste oils from garages or filling stations and solid industrial waste materials shall be removed and disposed of by the person controlling same in the manner and by the method directed by the sanitation superintendent. M. TRANSPORTATION OF REFUSE The operator of any vehicle hauling refuse shall not allow refuse to blow or fall out of the vehicle. II. Section 1. Repealing Conflicting Ordinances All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Section 2. Savings Clause The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. (Mark through the following alternative that is not applicable) Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council rnenb:ers present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1979. Alternative 2, READ and APPROVED on first reading this the 1979. day of READ, APPROVED and ADOPTED on second reading this the day of ,(,Y,/) , 1979. ATTEST 30 (NNE LAND, City" Secretary Y L. �(SW , Ma or City of Round Rock, Texas 8