HomeMy WebLinkAboutORD 11-046 ORDINANCE NO. 11-046
ENTITLED AN ORDINANCE AMENDING CHAPTER 22,
ARTICLE 22.05, SUBSECTION 22.05.001; SUBSECTON
22.05.012; SUBSECTION 22.05.051; SUBSECTION
22.05.052(x)(1) AND (c); SUBSECTION 22.05.053(a);
SUBSECTION 22.05.056(c); SUBSECTION 22.05.057;
SUBSECTION 22.05.058(c)(1), (2) and (3); SUBSECTION
22.05.104; SUBSECTION 22.05.131; SUBSECTION
22.05.032; SUBSECTION 22.05.133; SUBSECTION
22.05.135; SUBSECTION 22.05.136; SUBSECTION
22.05.171; SUBSECTION 22.05.173; SUBSECTION
22.05.213 OF THE CODE OF ORDINANCES OF THE CITY
OF BEAUMONT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A
PENATLTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 22, Article 22.05, Division 1, Subsections 22.05.001 and 22.05.012
of the Code of Ordinances of the City of Beaumont be and the same are hereby
amended by amending the following definitions to read as follows:
Sec. 22.05.001 Definitions
Refuse container. A metal or plastic container for refuse, of substantial construction,
with a tightfitting lid, and handles sufficient for safe and convenient handling for
collection at curbside. Except for those areas served by automated collection
equipment, such containers shall have a capacity of not more than thirty-two (32)
gallons and a total weight, when full, of not more than fifty (50) pounds or an empty
weight of not more than ten (10) pounds, and shall be kept in serviceable condition at all
times. Any areas serviced by automated collection equipment shall only use the
automated containers as approved by the director. Any container which does not meet
standards set by the director or his designee shall be removed. Exceptions to these
requirements may be made by the director or his designee.
Solid waste division. The division under the control of the director designated to perform
garbage and trash collection services, landfill waste disposal and recycling for the city.
Sec. 22.05.012 Interference with or damaging containers
No person, other than employees of the city charged with such duty, shall interfere with
the contents of any refuse container set out for removal by the city or any private
collection agency, unless authorized by the director or his designee. It shall be unlawful
for any person to damage or destroy any refuse container placed at the curbline for
collection.
Section 2.
That Chapter 22, Article 22.05, Division 2, Subsections 22.05.051,
22.05.052(x)(1) and (c), 22.05.053(a), 22.05.056(c), 22.05.057 and 22.05.058(c)(1), (2)
and (3) of the Code of Ordinances of the City of Beaumont be and the same are hereby
amended to read as follows:
Sec. 22.05.051 Containers generally
All refuse to be collected by the city shall be stored in proper containers between times
of collection. Any container provided by the city shall not be filled to exceed two hundred
(200) pounds total weight and all refuse therein must fit inside the container. The cover
of any container shall be kept on at all times except when the container is being filled,
emptied or cleaned. Animal waste and ashes shall be wrapped separately from other
refuse in a manner to prevent spillage prior to placing the same in a container. All areas
serviced by the city shall use ninety-gallon round or ninety-six-gallon containers as
approved by the director. All refuse shall be placed within the automated containers. No
other type of container is permitted for use in the automated collection areas.
Exceptions to these requirements may be made by the director or his designee.
Sec. 22.05.052 Solid waste collection service
(a) Standard residential solid waste collection service shall include:
(1) Once a week collection of garbage containers and bagged or containerized
yard waste. .
(c) Residential and commercial accounts are limited to three (3) containers. If
additional containers are obtained and then discontinued, there will be a six (6) month
waiting period to reapply for additional containers. Requests for additional containers
must be submitted in writing to the department. The person whose name appears on
the account must sign the request.
Sec. 22.05.053 Points of collection
(a) Refuse containers and yard waste which are collected by the city shall be placed
on the curbline of a city right-of-way abutting the property by 7:00 a.m. on the scheduled
day of collection.
Sec. 22.05.056 Storage of yard waste; removal of yard waste generated by
contractors; removal of bulky or heavy material
(c) Every nurseryman, tree surgeon, and every person who cuts or trims trees, shrubs
or grass as an independent contractor shall remove or cause to be removed all trash
from the premises serviced by him or follow the placement requirements set out in
section 22.05.058 . Failure to properly dispose of such cuttings or trimmings shall
constitute littering and is punishable in accordance with section 22.05.004 of this code.
Sec. 22.05.057 Forking of debris flooded or washed upon private property
On seasonal occasions, when various types of debris from public waterways, highways
or drainage systems is either flooded or washed upon private property (commercial or
residential), and when carted to the curbline for collection by the city, the director, or his
designee, may authorize the forking of such accumulations of debris not in containers or
stacked as normally required by this article.
Sec. 22.05.058 Deposit of yard waste in automated containers prohibited;
placement of yard waste for collection
(c) Tree and shrubbery trimmings to be collected by the city shall be placed at
curbside by 7:00 a.m. on collection day. Tree and shrubbery trimmings must be:
(1) Totally separated from all other waste; other waste includes metals, lumber,
paper, plastics, furniture, appliances, concrete and any other solid materials.
Any waste, regardless of quantity or size, mixed with tree and shrubbery
trimmings constitutes a violation of this section.
(2) Cut into sections not to exceed eight (8) feet in length.
(3) Cut so that tree stumps and root balls do not exceed twenty-four (24) inches
in diameter.
Section 3.
That Chapter 22, Article 22.05, Division 3, Subsection 22.05.104 of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
Sec. 22.05.104 Inspection of containers and vehicles
All containers and vehicles owned or operated by private refuse collectors shall be
subject to inspection by officials of the department to insure safety compliance and to
insure that proper lids or covers are provided to prevent litter problems.
Section 4.
That Chapter 22, Article 22.05, Division 4, Part I, Subsections 22.05.131,
22.05.132, 22.05.133, 22.05.135 and 22.05.136 of the Code of Ordinances of the City of
Beaumont be and the same are hereby amended to read as follows:
Sec. 22.05.131 Unloading material
All persons or businesses hauling into the city landfill shall deposit such material only in
the place designated by a landfill attendant. Such dumping shall only be from Monday
through Saturday during the hours of operation as determined by the director.
Sec. 22.05.132 Unauthorized removal of material
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 director or his designee. (Ordinance
92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-43; Ordinance 08-040, sec. 22,
adopted 5/13/08)
Sec. 22.05.133 Materials not accepted
Entrance to and dumping of the following at the city landfill shall not be allowed without
prior approval of the director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease;
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
Sec. 22.05.135 Hours of operation
The director, with the approval of the city manager, is hereby authorized to establish
reasonable hours of operation for the city landfill.
Sec. 22.05.136 Determination of acceptability of deposits
The director, or his designee, shall have the authority to determine what solid waste,
refuse or garbage shall be acceptable for deposit at the city landfill.
Section S.
That Chapter 22, Article 22.05, Division 4, Part 11, Subsections 22.05.171(a) and
(d), and 22.05.173 of the Code of Ordinances of the City of Beaumont be and the same
are hereby amended to read as follows:
Sec. 22.05.171 Required
(a) No person engaged in the business of collecting solid waste, refuse, debris or
garbage shall deposit such material at any city refuse disposal area unless he has a
current refuse disposal permit issued by the director or his designated agent.
(d) The director, or his designee, is hereby authorized to revoke or suspend any
permit issued under this section, to prevent the holder thereof from utilizing the city
refuse disposal areas, for good cause.
Sec. 22.05.173 Revocation; appeals
The permit herein authorized to be issued may be revoked by the landfill superintendent
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 superintendent or any of his
duly authorized representatives; however, any person feeling aggrieved by such
revocation shall have the right to appeal to the director for redress, and such appeal
shall be made either by personal appearance on the part of the aggrieved party or by
written communication addressed to the director setting forth the cause of complaint.
Section 6.
That Chapter 22, Article 22.05, Division 5, Subsection 22.05.213 of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
Sec. 22.05.213 Collection of charges
The charges fixed herein for the removal and disposal of all garbage and trash shall be
entered by the city against the owner or occupant using or occupying any building or
structure receiving such service. To avoid duplication in billing and as a convenience to
the public, the city shall include such charges on the monthly city invoice. Any person
who shall fail or refuse to pay the charge herein specified within fifteen (15) days from
the date of the bill shall have his garbage service suspended and the director shall be
notified immediately for appropriate action in accordance with the provisions of this
article.
Section 7.
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 8.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Sec on 9.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished in accordance with Section 1.01.009 of the Code of Ordinances
of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
July, 2011.
ayor Becky Ames-
til