Loading...
HomeMy WebLinkAboutORD 83-130 ORDINANCE NO. 83-130 ENTITLED AN ORDINANCE AMENDING LANDFILL RATES AND THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE LANDFILL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 28, Sections 28-36, 28-38, 28-39, 28-40, 28-41, 28-42, and 28-43 of the Code of Ordinances of the City of Beaumont are hereby amended to read as follows: Section 28-36: Private transportation of refuse-permit required It shall be unlawful for any person, except the duly authorized agents or employees of the city, to convey or transport garbage, trash, waste or refuse on the streets, alleys or public thoroughfares of the city without a written permit granted and issued by the Department of Urban Transportation. However, this provision shall not be held to apply to an individual person conveying trash, waste or refuse which has accumulated on premises owned or occupied by him. Section 28-38 : Same-Requirements as to conveyance No permit for conveying or transporting garbage, trash, waste or refuse shall be granted unless the conveyance used by the applicant is equipped in accordance with the following specifications: 1 ) All conveyance of every character must be equipped with sides and tailboards so that the bed thereof, when tailboard is up, shall be completely enclosed, standing not less than two and one-half ( 2-1/2 ) feet above bed of conveyance, and shall be equipped with permanent solid cover or adjustable cover of substantial, durable material, which must be of such dimensions as to completely cover the bed or body of the conveyance and extend down the sides in /,0 - //-d'3 such manner as to prevent any of the refuse being carried from, escaping, blowing out or otherwise falling out and being distributed along public highways. Any exceptions to this because of unusual circumstances must be approved by the Urban Transportation Department. Conveyances hauling garbage must have watertight and flyproof beds totally enclosed. 2 ) All containers, receptacles and conveyances used for the disposition, removal and hauling of garbage, trash, waste and refuse shall be cleaned thoroughly after being emptied or unloaded, and must not be carried or driven through the streets of the city emitting offensive odors. Section 28-39 : Same-Disposal fees; taxes and fees for permits 1 ) Disposal fee for each conveyance to be used by the applicant or any person, shall be: Garbage Trash and Refuse Collected: Inside Outside _C i tY a) Loose and noncompacted materials: City 1 ) Small vehicles, 1-3 cubic yard capacity: a) per month, by permit. . . . . . . . $50.00 $ - b) per load. . . . . . . . . . . . . . . . . . . . 2.00 2 .50 2 ) Medium vehicles, 4-7 cubic yard capacity, per load. . . . . . . . . . . . . . 5 .00 6 .00 3 ) Large vehicles, 8-15 cubic yard capacity, per load. . . . . . . . . . . . . . 10.00 12.00 4 ) Extra large vehicles: a) 16-20 cubic yard capacity, per load. . . . . . . . . . . . . . . . . . . 20.00 24.00 b) 30 cubic yard capacity, per load. . . . . . . . . . . . . . . . . . . 30.00 36.00 c) 40 cubic yard capacity, per load. . . . . . . . . . . . . . . . . . . 40 .00 48 .00 b) Compacted materials: per cubic yard based on vehicles rated capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .75 2 .10 - 2 - 2 ) Exempt organization: Nonprofit, charitable organizations who operate, as a necessary part of their day-to-day business, vehicles owned or leased by them for the transport of waste or refuse resulting from collection for the purpose of renovation or repair of donated used material shall be exempt from the fee requirement of this section. 3 ) A service fee of ten dollars ($10.00) per truck will be charged for processing the application required by Section 28-37 . Section 28-40: Private transportation of refuse; condition for issuance of permit Upon filing of the application described in Section 28-37, the Director of Urban Transportation shall grant such permit if the following conditions have been met: 1 ) Provision has been made to lawfully dispose of the garbage, trash, waste or refuse outside of the city limits or within the city landfill. Any disposal other than in the city disposal site must be in a site licensed by the state; 2 ) The provisions of this article have been met; 3 ) The proposed removal and disposition of such garbage, trash, waste or refuse will not violate any of such provisions, or create a public nuisance; and 4 ) The vehicle for conveyance has been inspected and approved by the landfill division. Section 28-41: Same-Revocation of permit; appeal The permit herein authorized to be issued may be revoked by the superintendent of the landfill division at any time for the violation of or noncompliance with any of the provisions of this article or the conditions under which it was issued, and immediately upon such revocation, the permit issued thereunder shall be surrendered to the landfill division through any of its duly authorized representatives; provided, however, any person feeling aggrieved by such revocation shall have the right to appeal to the City Council for redress, and such appeal shall be made either by personal appearance before the - 3 - City Council on the part of the aggrieved party or by written communication addressed to the Council setting forth the cause of complaint. Section 28-42: Landfill-vehicles entitled to unload All persons or businesses hauling into the city landfill shall deposit such material only in the place designated by the landfill foreman. Such dumping shall only be during the hours of operation as set forth by the landfill superintendent. Section 28-43: Same-Unauthorized removal of material from It shall be unlawful for any person to remove trash, waste or refuse, or any material from the city landfill without the written permission of the landfill superintendent. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. - 4 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lc� , 19 . Mayor - 5 -