HomeMy WebLinkAboutORD 84-129 ORDINANCE
ENTITLED AN ORDINANCE AMENDING CHAPTER 28
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO PROVIDE SANITATION FEES AND
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 28, Section 28-20 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-20:
Trash. The term shall mean a normal accumulation of
rubbish such as tin cans, papers, rags, boxes,
glass, household furnishings, applicances, small
automobile parts, yard clippings, leaves, brush,
bulky waste or refuse discarded by residents and
commercial establishments ( specifically excluding
old machinery, large parts of automobiles) , scrap
iron of all kinds, lumber, furniture and residue
of building materials as a result of remodeling
with the exception of old shingles or roofing
materials.
Waste or Refuse. All rubbish, waste or refuse
other than that defined as "trash" above,
including old machinery , large parts of automobiles,
any substance or material which has been discarded
or is the waste product of any manufacturing or
other establishment or results from the demolition
of any structure or building and including
further any other objects, substances or things
of whatever kind or character which for any
reason may be or may have been thrown away ,
discarded or abandoned that in the discretion
of the Director of Sanitation may constitute
objects of waste or refuse.
Private Hauler. Any person, partnership,
association or corporation that will provide
commercial or residential garbage collection
services in the City of Beaumont under a valid
franchise issued by the City of Beaumont.
Landfill Division. A division of the City of Beaumont
designated to perform sanitary landfill disposal
services for the public.
Sanitation Department. The department of the City of
Beaumont designated to perform garbage and trash
collection services for the city.
Section 2.
That Chapter 28 , Section 28-21 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby, repealed.
Section 3.
That Chapter 28 , Section 28-22(b) and (c) of the Code of
Ordinances of the City of Beaumont be amended to read as follows:
Section 28-22(b) :
Such containers shall be not less than ten ( 10)
nor more than forty-five (45) gallon capacity,
constructed of metal or plastic, with a
tight-fitting lid or cover that is not attached
and with handles sufficiently strong for workmen
to empty conveniently; provided that nothing
herein shall prohibit the use of plastic bags as
garbage containers so long as said plastic bags
are at least 1 .5 mils in thickness, have a
capacity of not more than forty-five ( 45)
gallons, and are tied or closed securely. The
city shall not be responsible for damage to
containers. The top of such containers shall be
larger in diameter than the bottom to prevent
garbage from sticking to the sides. Every such
owner or occupant shall place all garbage which
has accumulated on his premises in such
container.
Section 28-22( c) :
Such containers shall not weigh over forty ( 40)
pounds or have a gross weight in excess of eighty
(80) pounds when full.
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Section 4 .
That Chapter 28 , Sections 28-23( a) and (d) of the Code of
Ordinances of the City of Beaumont be, and the same are hereby
repealed, and that Section 28-23(g) be amended to read as follows:
Section 28-23(g) :
The Sanitation Department will pick up lumber,
ashes, scrap iron, building or construction
material not to exceed a quantity of four ( 4 )
cubic yards. Such materials that exceed four (4 )
cubic yards shall be removed by the owner thereof
and failure to remove such material shall be
unlawful.
Section 5.
That Chapter 28 , Section 28-25( a) of the Code of
Ordinances of the City of Beaumont be amended to read as follows:
Section 28-25( a) :
Every owner or occupant described in Section 28-22
shall place trash, garbage containers and trash
receptacles for collection in a convenient place
adjacent to the street abutting their respective
premises or at such other place designated by the
Sanitation Department, so as to be easily
accessible to employees of the department.
Section 6 .
That Chapter 28 , Section 27( a) (1 ) and (b) of the Code of
Ordinances of the City of Beaumont be amended to read as follows:
Section 28-27( a) (1 ) :
Residences from which the owners or occupants
are serviced by a private hauler as defined
in this article.
Section 28-27(b) :
Garbage and trash rates. No rate adjustment
will be made for temporary nonuse of service
unless the water meter is disconnected.
Nonpayment of the garbage collection fee shall
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be sufficient grounds for discontinuance of
city water service. The rate for collection
outside the city limits shall be one hundred
twenty-five percent ( 125% ) of the rate
established for service inside the city limits.
No type of service will be offered residences
exempted under Section 28-27( a) or for vacant
lots. The following monthly rates shall be
collected for removal of garbage and trash:
( 1 ) The monthly rate for removal of garbage and
trash per household unit shall be Ten
Dollars and Seventy-Five Cents ( $10. 75) and
shall consist of the following elements:
Garbage collection. . . . . . . . . . . . . . . . . .$ 7. 45
Trash collection. . . . . . . . . . . . . . . . . . . . 2.80
Clean community fee. . . . . . . . . . . . . . . . . . 50
Ef fective January 1 , 1985, a landf ill
closure fee of Thirty-One Cents ( $0. 31 )
shall be added and the monthly rate for
garbage and trash per household unit shall
be Eleven Dollars and Six Cents ( $11. 06) .
These rates shall apply to each household
unit not withstanding that such unit is
in a multi-family structure or that
garbage and trash containers are placed
at one location.
(2 ) The monthly rate for removal of trash for
household units which do not use city
garbage collection shall be Three Dollars
and Thirty Cents ($3. 30) consisting of
the following elements:
Trash collection. . . . . . . . . . . . . . . . . . . .$ 2.80
Clean community fee. . . . . . . . . . . . . . . . . . 50
Effective January 1 , 1985, a monthly
landfill closure fee of Thirty-One Cents
($0. 31) shall be added and the monthly
rate for trash per household unit shall be
Three Dollars and Sixty-One Cents ( $3.61) .
(3 ) The monthly rate for single family or
multi-family residences which receive
garbage and trash pickup service from
private haulers shall be Fifty Cents
($0. 50) consisting of the Clean Community
fee only.
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Effective January 1 , 1985, a monthly
landfill closure fee of Thirty-One Cents
($0. 31) shall be added and the monthly rate
for single family or multi-family
residences shall be Eighty-One Cents
($0. 81 ) .
( 4 ) The monthly rate for senior citizens shall
be Eight Dollars and Fifty Cents ($8. 50)
and shall consist of the following
elements:
Senior Citizen' s income discount
rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8. 00
Clean Community fee. . . . . . . . . . . . . . . . . . 50
Effective January 1 , 1985, a monthly
landfill closure fee of Thirty-One Cents
($0. 31) shall be added and the monthly
rate for senior citizens shall be
Eight Dollars and Eighty-One Cents ( $8.81 ) .
The "senior citizen income discount rate" shall
apply to customers residing in single-family
residences who are over the age of sixty-five
( 65) years whose total annual income, when
combined with the total annual income of all
persons residing in the residence, does not
exceed eleven thousand five hundred dollars
($11,500) . To obtain the senior citizen income
discount rate, persons eligible must file a
sworn application, on a form provided therefor,
with the central collections division. Upon
approval of the application, the senior citizen
income discount rate shall be applicable for a
period of twelve ( 12) months. The rate may be
continued for additional twelve-month periods
upon application as provided above for the
initial twelve-month period and upon
satisfaction of eligibility requirements as may
be in effect at the time of the application.
Section 7 .
That Section 28-28( a) (1 ) , 28-28( a) (2 ) and 28-28(b) of
the Code of Ordinances of the City of Beaumont be amended to read
as follows:
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Section 28 ( a) (1 ) :
Institutions that haul their own garbage.
Section 28 (a) (2 ) :
Institutions that have a private hauler.
Section 28(b) :
Schedules: The rates set out in the following
schedule are monthly charges for sanitation
service based on the number of containers as
defined in Section 28-22 effective for the
period of October 1 , 1984 through December 31 ,
1984.
2 pickups 4 pickups
Containers per week per week
0-2 $12. 50 $24. 50
3 or more 12. 50 plus 24. 50 plus
2. 00 each 4. 00 each
container container
in excess of 2 in excess of 2
Schedules: The rates set out in the following
schedule are monthly charges for sanitation
service based on the number of containers as
defined in Section 28-22 effective January 1 ,
1985.
2 pickups 4 pickups
Containers per week per week
0-2 $12. 81 $24.81
3 or more 12. 81 plus 24. 81 plus
2 . 00 each 4. 00 each
container container
in excess of 2 in excess of 2
Section 8 .
That Chapter 28 , Section 28-31 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby , repealed.
Section 9 .
That Chapter 28, Section 28-32 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
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Section 28-32:
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 Department of Water
Utilities shall include such charges on the monthly
water bills. 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 of the
Sanitation Department shall be notified
immediately for appropriate action in accordance
with the provisions of this article.
Section 10.
That Chapter 28 , Section 28-33 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-33:
Collection of items such as brick , dirt, plaster,
sand, gravel, large automobile parts, scrap metal,
wire, ashes, dead animals and other bulky or heavy
material shall not be included in the regular
garbage and trash collection service furnished by
the Sanitation Department. The owner shall
have such debris removed at his own expense.
Section 11.
That Chapter 28, Section 28-34 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-34•
It shall be unlawful for any person, who is the
owner or keeper of any animal to permit the
accumulation of manure or excrement of such
animal upon any premises of any public
right-of-way provided, however, where such animal
excrement is used as fertilizer upon any
premises, it may be stored for a period not
exceeding five ( 5 ) days, and any of such animal
excrement not used for fertilizer must be
immediately removed and disposed of. The removal
of such excrement shall not be included in the
regular collection services furnished by the
Sanitation Department.
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Section 12.
That Chapter 28 , Section 28-35 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-35:
It shall be unlawful for any person to deposit or
cause to be deposited or permit to remain upon any
premises owned or occupied by him, or on premises
adjacent thereto or in or upon any of the streets,
sidewalks, alleys or other public highways or
places in the city, the carcass or parts thereof
of any dead animal or fowl owned by him or under
his control. All such carcasses or parts thereof
shall be removed by such person to the city
landfill, or otherwise disposed of as may be
directed by the superintendent of the landfill
division or the same may be removed by the city
and the costs paid by such person. If the owner
of such dead animal or fowl be unknown, or the
owner refuses or fails to remove the same, the
city shall, nevertheless, remove any such carcass
or parts thereof , and the city shall have the
right to collect the costs of such service from
the owner, if known, by suit.
Section 13.
That Chapter 28 , Section 28-36 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-36: Private transportation of refuse; franchise required
From and after April 1 , 1985, 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 for a
fee without a valid franchise granted and issued by
the City of Beaumont. 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 so
long as such person is in compliance with Section
28-39 hereof.
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Section 14.
That Chapter 28 , Section 28-37 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby, repealed.
Section 15.
That Chapter 28 , Section 28-38 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby repealed and a
new Section 28-38 enacted in its place to read as follows:
Infectious and pathological wastes from
laboratories, research facilities, and health
and veterinary facilities may be accepted for
collection if the wastes are double-bagged in
plastic bags not less than 1 . 5 mils thick each
and conspicuously marked. The waste shall not
be comingled with routine solid waste, but shall
be segregated for special collection and
transportation.
Section 16.
That Chapter 28 , Section 28-39 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
(a) Applicability: All persons, businesses,
commercial institutions, public agencies are
required to pay a sanitary landfill disposal fee
except:
1 ) Any resident of the City of Beaumont with
a copy of his most recent utility bill
showing a paid garbage fee for the
residence from which the refuse was
accumulated;
2 ) 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.
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(b) Schedules: Disposal fee for each conveyance
to be used by the applicant or any person shall be:
Garbage, Trash and
Refuse Collected:
Inside Outside
City City
( 1 ) Loose and noncompacted materials:
a. Small vehicles, 1-3 cu. yd.
capacity, per load $ 3. 00 $ 4. 00
b. Medium vehicles, 4-7 cu. yd.
capacity, per load 7. 00 8. 50
C. Large vehicles, 8-15 cu. yd.
capacity , per load 16. 00 19. 00
d. Extra large vehicles: per cu. 1. 11 1. 33
yd. based on vehicle' s rated
capacity
( 2 ) Compacted materials: per cu. yd. $ 1. 76 $ 2. 10
based on vehicles rated capacity
(c) Any individual, firm or public agency desiring
to obtain a permit to pay on a monthly basis
shall make application to the superintendent of
the landfill division. A service fee of Ten
Dollars ( $10) per vehicle shall be charged for
processing the application as required by Section
28-40.
(d) Failure or refusal by any customer to pay any
landfill disposal charges to the landfill
division or its authorized representatives within
fifteen ( 15) days shall have water and sewer
services discontinued to the customer until such
time the customer has paid all delinquent
landfill disposal bills.
Section 17 .
That Chapter 28 , Section 28-40 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
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Section 28-40. Disposal permit; condition for issuance of permit
Upon filing of the application described in
Section 28-39, the superintendent of the landfill
division shall grant such permit if the following
conditions have been met:
1 ) Provision is available to lawfully dispose of
the garbage, trash, waste or refuse within the
city landf ill;
2 ) The provisions of this article have been met;
3 ) The proposed removal and disposition of such
garbage, trash, waste or refuse will not
create a public nuisance; and
4 ) The vehicle for conveyance has been inspected
and measured by the landfill division;
5 ) Applicant has been current in payment for
previous disposal services.
Section 18 .
That Chapter 28 , Section 28-41 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-41:
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; however, any person
feeling aggrieved by such revocation shall have
the right to appeal to the director of urban
transportation for redress, and such appeal shall
be made either by personal appearance on the part
of the aggrieved party or by written communica-
tion addressed to the director of urban
transportation setting forth the cause of
complaint.
Section 19 .
That Chapter 28 , Section 28-42 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-42:
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 City Manager.
Section 20.
That Chapter 28 , Section 28-44 of the Code of Ordinances
of the City of Beaumont be amended to read as follows:
Section 28-44:
Entrance to and dumping of the following at the city
landfill shall not be allowed without prior approval
of the landfill Superintendent:
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.
Section 21.
That Chapter 28 , Section 28-45( 2 ) of the Code of
Ordinances of the City of Beaumont be amended to read as follows:
Section 28-45( 2 ) :
Completely covered with a tarp if loose materials
extend above the side boards.
Section 22.
That the Department of Water Utilities shall be
authorized to include the clean community fee, the landfill closure
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fee and the trash collection charges as established in Section
28-27 on the monthly water utility bills. To avoid duplication in
billing and as a convenience to the public, the clean community
fee, the landfill closure fee and the trash collection charges are
to be included in the bill under the "garbage" heading until such
time as they can be billed separately. These revenues will not be
a part of the Water Fund. The clean community fee will be
appropriated to the General Fund, the landfill closure fee to the
Landfill Fund and the trash collection fee to the Sanitation Fund.
Section 23.
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 24.
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 25.
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.
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PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
Mayor -
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