HomeMy WebLinkAbout024069 ORD - 06/20/2000
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 1, GENERAL PROVISIONS, CHAPTER 12, BOATS, BAYS AND
WA TERWA YS, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE,
CHAPTER 49, STREETS AND SIDEWALKS, REGARDING SOLID WASTE
SERVICES, THE DISPOSAL OF GARBAGE, TRASH AND OTHER
REFUSE, AND THE CONTROL OF LITTER, INCLUDING INCREASES IN
FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City's ordinances relating to the disposal of solid wastes and the control
of litter were last revised in 1974 and 1989, changes in the ordinances are needed to
reflect the current level of services and policies of the Solid Waste Services Department
and to further the City's efforts to meet the latest mandates relating to the handling and
disposal of solid waste by the Environmental Protection Agency and Texas Natural
Resource Conservation Commission.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 21, Garbage, Trash, and Other Refuse, of the Code of Ordinances,
City of Corpus Christi, is revised to read as follows:
Chapter 21 GARBAGE, TRASH AND OTHER REFUSE
Art. I. In General, ~~ 21-1 - 21-9
Art. II. Collection Services, ~~ 21-10 - 21-29
Art. III. Disposal Services, ~~ 21-30 - 21-39
Art. IV. Resource Recovery Fee Schedules, ~li 21-40 - 21-49
Art. V. Business or Commercial Establishments, lili 21-50 - 21.59
Art. VI. Regulation of Fill Materials, lili 21-60 - 21-69
Art, VII. Control of Refuse, lili 21-70 - 21-79
Art. VIII. Solid Waste Permits, lili 21-80 - 21-99
Art. IX. Large Item Buy Back Program, lili 21-100 - 21-101
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ARTICLE I. IN GENERAL
Sec, 21-1. Definitions.
As used in this chapter, the following terms mean:
Act: The Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq.
Bulkv items: The followina larae items that have been specificallv authorized for
collection of specified days under Section of this ordinance: indoor and outdoor
furniture. mattresses and box sprinas. carpel. swina sets. plastic swimmina pools, larae
tOYS, bicvcles. fish aauariums. and larae household appliances.
CERCLA: The Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.C. 9601 et seq.
Clean dime,1S;Orl8: ,'tJmbe,- wood waste: Individual piece~ of wood of the type normally
sold by lumber yards and home improvement centers that is free of mti\g--hardware and
other lame fasteners, such as hinaes, hurricane straps, latches, etc.. has not been
painted, or and is not attached to concrete, wallboard, roofing materials, or other
construction materials.
Collection services: The service of collecting solid waste and transporting it to a point
of final disposition.
Construction/demolition materials: Waste resulting from construction or demolition
projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock,
roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and
remodeling debris (such as cabinets, ceramic tile, Formica, and similar items).
Conventional refuse receptacle: A conventional refuse receptacle is a container
constructed of some substantial leakproof material (galvanized metal, aluminum,
plastic, or rubberized vinyl), of the type commonly sold in retail establishments, with a
tight-fitting lid or cover with handles sufficiently strong for-to be safely handled by a
collector.
Current utility bill: A current utility bill is a bill issued by the City's Utility Business Office
that includes a charge for curbside collection of garbage, which tmrt-was issued within
60 days of the date on which a service is sought
Customer. A person who receives collection services from Solid Waste Services.
Debris: Large waste materials, such as indoor and outdoor furniture, mattresses and
box springs, carpet, sYVing sets, plastic sl/Ilimming pools, toys, bicycles, fish aquariums,
large household appliances, constructionldemolition materials, and similar I J1!lterials
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found in residential nousel,old, but does FIOt include ashes, roofing materials, dirt,
automobile frames, tires, or other bulky heavy materials.
Director. The Director of Solid Waste Services of the City of Corpus Christi, or a
designated representative of the Director.
Disposal services: The service of disposing of solid waste at a municipal solid waste
landfill site or other point of disposal.
Garbage: Putrescible animal or vegetable matter, such as waste material and refuse
usually associated with the preparation of food from kitchens, residences, grocery
stores, butcher shops, restaurants, cafes, hotels, rooming houses, and
boardinghouses, but does not include sewage, body waste, or industrial byproducts.
Hazardous waste: Hazardous waste means solid waste identified and listed as a
hazardous waste by the Administrator of the United States Environmental Protection
Agency under the Federal Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (42 U.S.C. 6901, et seq.).
Heavy brush: Tree and shrub limbs and trimmings, which are greater than 3 inches in
diameter, tree trunks, root balls, and other large plant matter.
Household appliance: General household appliance that will not fit into a refuse
receptacle including:
Non-metal appliance, such as a television set, stereo system, video cassette
recorder (VCR), microwave oven, and other similar item constructed primarily of
plastic or other non-metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing
machine, clothes dryer, refrigerator, window air conditioning unit, water heater,
lawn mower or edger, and other similar items constructed primarily of metal
parts.
Household waste: Garbage, rubbish, yard waste, neav}' brtJsn, debris, and limited
constructionldemolition materials commonly generated by a residential household,
which can be placed within a conventional refuse receptacle that weighs less than fifty
(50) pounds.
Litter. Any rubbish, paper, napkins, straws, cups or containers made of paper, plastic,
Styrofoam~ lor other similar materiall, bottles, glass, candy or gum wrappers, remnants
of food, cans, or remnants or parts thereof, or any material of an unsanitary nature.
Medical waste: Waste generated by ~ealth-care related facilities and associated
health-care activities, including veterinary services, but not including garbage or rubbish
generated from offices, kitchens, or other non-health-care activities.
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Rear door pick-up: Collection service where solid waste is picked up in a location other
than the designated standard collection point.
Recyclable: A waste material, which has been designated by the Director for inclusion
in the City's recycling program, that has a useful physical or chemical property after
serving its original purpose that may be reused, sold as a commodity, or converted into
another product.
Refuse: A mixture of garbage, rubbish, and other waste that are normally placed in a
receptacle for collection and disposal, but does not include yard waste, heavy brush,
debris, or construction/demolition materials.
Rubbish: Non-decayable solid waste, excluding ashes, that consist of combustible
materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials,
and noncombustible matter, such as glass, crockery, metal cans, and similar materials
that do not burn at ordinary incinerator temperatures.
Solid waste: Garbage, rubbish, yard waste, heavy brush, debris, and
construction/demolition materials.
Tipping fee rate: The rate charged to a commercial vehicle disposing of solid waste at
a City disposal site.
TNRCC: Texas Natural Resource Conservation Commission.
Trash: A single item of rubbish, not otherwise defined as debris or
construction/demolition material, but including a small household appliance~ that will not
fit into a conventional refuse receptacle.
Yard waste: Grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which
are less than three (3) inches in diameter and less than five (5) feet in length, and other
similar plant matter.
Sec. 21-2. Conflicts with Other Laws.
Nothing in this chapter is intended nor shall any part or portion hereof be construed so
as to conflict with any applicable provisions of the Act, CERCLA, Texas Health and
Safety Code, or Texas Water Code.
Sec. 21-3. Penalties for violation of this chapter,
(a) Any person that intentionally, knowingly, recklessly, or with criminal negligence
violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than two thousand dollars ($2,000.00) per violation per
day.
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(b) Any person who intentionally, knowingly, recklessly, or with criminal negligence
makes any false statements, representations, or certifications in any application, record,
report, plan or other documentation filed, or required to be maintained, under this
chapter; or falsifies or tampers with any name or permit number required to be
displayed on a vehicle or container; or falsifies, tampers with, or renders inaccurate any
scale or measuring device or method required under this article shall, upon conviction,
be punished by a fine of not more than two thousand dollars ($2,000.00) nor less than
one thousand dollars ($1,000.00) per violation per day.
(c) In the event of a second conviction for a violation under subsection (b) of this
section, a person shall be punished by a fine of not less than two thousand dollars
($2,000.00) per violation per day.
Sec. 21-4. Mulch sales.
(a) The director of solid waste services shall sell mulch from the city's brush and
vardwaste arindina proaram based on the followina fee schedule:
Upto 10 tons. per ton .... $10.00
Over 10 tons. per ton. . . . 9.00
(b) The director of solid waste services shall allow residential customers to load for
themselves. at no charae. small auantities of mulch, UP to one pickup truck load.
Sees. 21-5 - 21-9. Reserved.
ARTICLE II. COLLECTION SERVICES
Sec. 21-10. Collection services available, unless properly refused.
(a) The collection services of the Solid Waste Services Department shall be available to
every residence, business, or commercial establishment or other occupied premises
within the City of Corpus Christi. Collection services are provided only for waste
generated at the premises for which the required fees are paid.
(b) Except as otherwise provided by this section, all owners, occupants, lessees, or
tenants of residential properties shall subscribe to the City's collection services and
shall pay the applicable charges.
(c) Any owner, occupant, tenant or lessee of a business or commercial establishment or
residential properties containing more than two (2) family dwellings, who does not
desire the collection services of the Department provided for in this article shall not
receive the services and shall not be charged for such services upon .....ritten notification
to tl"l.:; Director of the City's Utilitv Business Office that:
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(1) The person does not want the services rendered to the premises;
(2) The person intends to and will remove the accumulated solid waste at the
premises;
(3) The person will keep the premises in such condition that the person will
not violate the applicable provisions of this Code and other ordinances;
and
(4) The person will not, after such notice, use directly or indirectly the
collection services of the Department.
(d) If any owner, occupant, tenant or lessee who files such notice fails to comply with
these conditions, then the Director shall make the collection services of the Department
available and the customer shall pay all applicable charges.
(e) For purposes of this section, all premises required by this ordinance to subscribe to
City collection services which were legally served by a private collection service on
January 10, 1989, are exempt from the requirement to subscribe to collection services
of the Department until such time as the private collection service ceases for the
particular property served.
(f) Nothing contained in this section prohibits the Department from serving such
premises at the request of the residents.
(g) All residential properties exempted by this section shall subscribe to collection
services of the Department upon the termination of the private collection service.
(h) Collection services of the Department are available to premises outside the City, if
the owner of the premises has contractually agreed to annex the premises to the City of
Corpus Christi.
(i) T1ge Department "ill not pick up loose litter or scattered ..asle tnat are f1elt properly
contained or piled for collection.
Sec. 21-11. Recycling program.
(a) The recycling program of the Solid Waste Services Department collects recyclables
from single family residences that receive collection services from the Department.
(b) Recyclables shall be set out for collection before 7:30 a.m. on the designated
collection day.
(c) Recyclables shall be placed in a recyclina bin available from the Solid Waste
Services Department or other conventional refuse receptacle that is clearly identified
with the recyclina symbol provided by the Department. Containers with recyclables
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shall be separated from other solid waste. which are set out for collection. bv at least
five (5) feet.
!ill"Recyclables set out for collection are City property. Removal of recyclables from a
container set out for collection by other than an occupant of the premises or a
Department employee is a violation of this ordinance. Theft of recyclables may be
prosecuted under the Penal Code.
Sec. 21-12. Tree limbs, grass clippings, etc. (e.g., light brush yard waste)
(a) Yard waste shall be collected on a regularly published schedule basis.
(b) Yard waste shall be the only waste material(s) collected on the scheduled day and
shall not be collected on any other day. No other litter. qarbaqe. refuse. debris, heavy
brush, or trash may be co-minqled with the yard waste.
(c) Unless bagged or placed in receptacles, only ooe-pile2 no larger than three (3) two
and a half (2 Y:,) feet high, by four (4) feet wide, by five (5) long shall be collected. -
(d) Yard waste shall be set out for collection before 7:30 a.m. on the designated
collection day, but may not be set out earlier than the Saturday immediately before the
designated collection day.
(e) Tree and shrub limbs set out to be collected as yard waste must be three (3) inches
or less in diameter and not more than five (5) feet in length.
(f) Grass clippings, leaves, weeds, and other small yard waste materials must be
bagged or placed in a receptacle.
(q) Yard waste shall qenerally be collected in the same location as qarbaqe is collected
as provided bv section 21-22. Rear door qarbaqe collection customers shall set out
yard waste on the curb or allev service location. Yard waste may not be set out in the
side yard of a residence. if the side yard adioins an arterial or collector street.
(h) Yard waste may be placed in the riqht-of-wav, but may not be placed on the street
pavement in the qutter. on the sidewalk, or in a drainaqe ditch. Except the Director
may allow yard waste to be placed in roadside drainaqe ditches when there is no
practical alternative. However. the person who places any yard waste in a roadside
drainaqe ditch may be liable for any floodinq damaqe caused bv the yard waste. The
owner or occupant of a residence or business, who authorizes. directs, or allows yard
waste to be placed in a drainaqe ditch on or adiacent to the person's property. also may
be liable for any f100dinq damaqe caused by the yard waste.
(i) The Director may assess a surcharqe. as provided in section 21-40(a)(11), that will
be applied to the customer's next monthlv utilitv bill if other solid waste that cannot be
composted are co-minqled with the yard waste set out for collection.
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Sec. 21-13. Heavv brush and clean wood waste collection.
(a) Heavy brush and clean dimeFlsionalluFl,ber wood waste. which is not mixed with
other construction/demolition material or any other waste, shall be collected from
customers on a reaularly scheduled basis as published in local media.
(b) No other litter, aarbaae. refuse, bulky items. debris, or trash may be co-minaled with
the heavy brush and clean wood waste set out for collection.
(c) HeaVY brush and clean wood waste shall aenerally be collected in the same location
as aarbaae is collected as provided by section 21-22. Rear door aarbaae collection
customers shall set out heavy brush and clean wood waste at the curb or alley seNice
location. Heavy brush and clean wood waste may not be set out in the side yard of a
residence. if the side yard adioins an arterial or collector street.
(d) Heavy brush and clean wood waste may be placed in the rioht-of-way, but may not
be placed on the street pavement. in the a utter, on the sidewalk, or in a drainaae ditch.
Except the Director may allow heavy brush and clean wood waste to be placed in
roadside drainaae ditches when there is no practical alternative. However, the person
who places any heavy brush and clean wood waste in a roadside drainaae ditch may
be liable for any floodina damaae caused by the heavy brush and clean wood waste.
The owner or occupant of a residence or business. who authorizes, directs. or allows
heavy brush and clean wood waste to be placed in a drainaae ditch on or adiacent to
the person's property. also may be liable for any floodina damaae caused bY the heavy
brush and clean wood waste.
(e) Heavy brush and clean wood waste may be set out only on days desianated for set
out for that address.
{1) Notice of the sections of the City that are allowed to set out heavy brush and
clean wood waste is published weekly in a paper of aeneral distribution within the
City. Information is also available by telephonina the Solid Waste SeNices
Department.
(2) It is a defense to prosecution for violation of this section that the heavy brush
and clean wood waste was set out on an unauthorized dav if the heavv brush
and clean wood waste was set out after the authorized set out period, but before
the next heavy brush/clean wood waste pickup at that address. The property
owner or occupant has the burden of provina the date the heavy brush and clean
wood waste was set out and the date of the next heavy brush/clean wood waste
pickup.
(f) In addition to any fines that miaht result from a violation of this provision, a special
fee. as provided by section 21-40(a)(11), shall be charaed for each truckload (or maior
fraction there of) of heavy brush or clean wood waste:
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(1) Which was placed for collection durinq a period not desiqnated for settinq out
heavy brush and clean wood waste.
(2) When the Director determines the waste should be removed in the interest of
public health, safety, aesthetics, or welfare prior to the next scheduled pickup.
(3) When the waste has been set out in violation of any other ordinance.
(q) The special collection fee is payable at the time of removal, and, if not paid at the
time of removal. will be applied to the customer's next monthly utility bill.
(h) In order to be manaqeable by the collection equipment:
(1) Any tree limbs placed for collection may not exceed ten (10) feet in lenqth.
(2) Tree trunks less than one foot in diameter may not exceed ten (10) feet in
lenqth.
(3) Tree trunks or root balls qreater than one foot in diameter may not exceed
five (5) feet in lenqth.
(j) Piles of heavy brush and clean wood waste may not obstruct the view of motorist Ctl
street intersections. No pile of heavy brush or clean wood waste may be qreater than
six (6) feet hiqh, ten (1) feet lonq, and six (6) feet deep.
(i) HeaVY brush or clean wood waste collected from collection service customers shall
be limited to one truck load per scheduled pickup.
(k) A fee shall be charqed for each additional truckload of heavy brush and clean wood
waste (or maior fraction there of) after the first load as provided by section 21-40(a)(9),
and shall be billed at the time of removal. If not paid at the time of removal. the fee
shall be payable at the time of collection, and. if not paid, it will be applied to the
customer's next monthly utility bill.
(I) A surcharqe. as proYided in section 21-40(a)(10). will be applied to the customer's
next monthly utilitv bill for each pile of solid waste that is set out for collection. which
contains any solid waste, other than heavy brush or clean wood waste, that is set out
for collection.
(m) Special. non-scheduled heavy brush and clean wood waste collection service
established by the Director shall be available at a direct charqe as proyided by section
21-40(a)(11). and shall be payable at the time of collection and if not paid it will be
applied to customer's next monthly utility bill.
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(n) Because mechanical eauipment is used to pickup heavY brush and clean wood
waste, any containers used to hold heavY brush and clean wood waste will be
considered waste and will be picked UP for disposal.
Sec. 21-14. Bulkv Items
(a) Bulkv items, not mixed with other construction/demolition material. may be collected
from customers durina special collection events that are published in the local media.
(b) Bulkv items will aenerally be collected in the same location as aarbaae is collected
as provided bv section 21-22. Rear door aarbaae collection customers shall set out
bulkv items at the curb or allev service location. Bulkv items may not be set out in the
side yard of a residence. if the side yard adioins an arterial or collector street.
(c) Bulky items may be placed in the riaht-of-wav. but may not be placed on the street
pavement. in the autler, on the sidewalk. or in a drainaae ditch. Except the Director
may allow bulkv items to be placed in roadside drainaae ditches when there is no
practical alternative. However. the person who places any bulkv items in a roadside
drainaae ditch may be liable for any floodina damaae caused bv the bulkv items. The
owner or occupant of a residence or business, who authorizes. directs, or allows any
bulkv items to be placed in a drainaae ditch on or adiacent to the person's property,
also may be liable for any f100dina damaqe caused bv the bulkv items.
(d) No other litter. aarbaae, refuse, construction/demolition material. trash, heavY brush,
clean wood waste, or yard waste may be co-minaled with the bulkv items set out for
collection.
(e) Bulkv items may be set out onlv on days desianated for set out for that address.
(1) Notice of the sections of the City that are allowed to set out bulky items will
be published in a paper of aeneral distribution within the City. Information is also
available bv telephonina the Solid Waste Services Department.
(2) It is a defense to orosecution for violation of this section that the bulkv items
were set out on an unauthorized day if the bulky items was set out after the
authorized set out period, but before the next bulkv items pickup at that address.
The property owner or occupant has the burden of provina the date the bulkv
items was set out and the date of the next bulkv items pickup.
(f) In addition to any fines that miqht result from a violation of this provision, a special
fee, as provided bv section 21-40(a)(11). shall be charaed for each truckload (or maior
fraction there of) of bulky items:
(1) Which was placed for collection durina a period not desianated for setlina out
bulkv items.
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(2) When the Director determines the waste should be removed in the interest of
public health. safety. aesthetics, or welfare prior to the next scheduled pickup.
(3) When the waste has been set out in violation of anv other ordinance.
(a) The special collection fee is pavable at the time of removal. and, if not paid at the
time of removal. will be applied to the customer's next monthlv utilitv bill.
(h) BulkY items collected from collection service customers shall be limited to one truck
load per scheduled pickup.
(j) A fee shall be charaed for each additional truckload of bulky items(or maior fraction
there of) after the first load as provided bv section 21-40(a)(9), and shall be billed at t~
time of removal. If not paid at the time of removal. the fee shall be pavable at the time
of collection, and. if not paid, it will be applied to the customer's next monthly utilitv bill.
(k) A surcharae. as provided in section 21-40(a)(11), will be applied to the customer's
next monthlv utility bill for each pile of solid waste that is set out for collection, which
contains any waste other than authorized bulkv items that is set out for collection.
ill Special. non-scheduled bulky item collection service established by the Director shall
be available at a direct charae as provided by section 21-40(a)(11), and shall be
pavable at the time of collection and if not paid it will be applied to customer's next
month Iv utilitv bill.
(m) Piles of bulky items may not obstruct the view of motorist at street intersections. No
pile of bulky items may be areater than six (6) feet hiQh, ten (1) feet lona, and six (6)
feet deep.
(n) Because mechanical eauipment is used to pickup bulky items. anv containers used
to hold bulkv items will be considered waste and will be picked UP for disposal.
(0) Bulky items shall be separated into two (2) distinct piles as follows:
ill Non-arindable/non-compostable materials and debris (Le. mattresses, box
sprinas, furniture. couches. tv's, etc.).
ill Metal appliances and metal materials (Le.. washina machines, water
heaters. refriaerators, bicycles, metal swina sets. etc. ).
Sec. 21-15, Brick, broken concrete, ashes, dirt, etc., not included.
(a) The Solid Waste Services Department will not collect accumulations of brick, broken
concrete, plaster, sand, gravel, ashes, tires, roofing materials, dirt, automobile frames,
lumber (other than clean dirnel'lsionallumber wood waste generated by a residential
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customer) resulting from either residential or commercial construction or demolition, or
any other bulky heavy material.
(b) The owner or person controlling an accumulation of brick, broken concrete, plaster,
sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber resulting from
either residential or commercial construction or demolition, or any other bulky heavy
material shall collect and store the solid waste in commercial waste receptacles, such
as a dumpster, demolition box, or metal roll-off container, or dispose of the solid waste
within one week of the time the waste is generated at the owner's or person's expense.
Sec. 21-16. Hazardous waste and medical waste not included.
(a) The Solid Waste Services Department will not collect hazardous waste or medical
waste.
See, 21-17. Disposition of dead dogs, cats, etc.
No dead dog, cat or other small animals may be placed in a container for collection.
Colid Waste Ce:f';iees Animal Control will pick up and dispose of small dead animals
upon telephone notification.
Sec. 21-18. Tires prohibited.
(a) Tires may not be set out for collection.
(b) If any tires are set out for collection, in addition to any fine that may be assessed for
a violation of this ordinance, the Director shall assess a surcharge, as described in
section 21-40(a)(13) for each tire set out for collection that is picked up, which will be
applied to the customer's next monthly utility bill.
Sec. 21-19, Limitation on filling receptacles.
(a) In order to protect the safety of solid waste workers, filled refuse receptacles that
are emptied manually may not weigh more than fifty (50) pounds.
(b) Filled paper or plastic bags may not weigh more than thirty (30) pounds.
(c) The contents of a refuse receptacle may not protrude above the top of the
receptacle and inhibit placement of lid or have a potential of causing injury to the
collector or customer.
(d) Uncovered receptacles that contain rain water will not be picked up.
Sec. 21-20. Refuse receptacles to be clean and sanitary; use of unsuitable or
unsanitary receptacles,
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All refuse receptacles must be kept in a clean and sanitary condition.
See, 21-21. Draining refuse; decomposable matter to be wrapped.
(a) Refuse that is mixed with water or other liquids must be drained by the customer
before being placed in a refuse receptacle.
(b) Garbage and other matter, which is subject to decomposition, must be wrapped in
paper or other suitable material that will contain the products of decomposition before
being placed in a garbage receptacle.
(c) Uncooked animal parts that may putrefy (such as fish heads, enthralls, entrails. or
animal carcasses) must be kept cool and may-not placed in a refuse receptacle until the
night before the scheduled collection date.
Sec. 21-22. When and where solid waste is is to be placed for collection --
Generally.
(a) The Director shall determine the service location for all collection services.
(b) If the house, building or premises from which solid waste is to be collected is
adjacent to an alley, the collection of solid waste shall be from the alley.
(c) If there is no public alley, the Director determines that it is not practicable to collect
and remove the solid waste from an alley, or other special circumstances exist, the solid
waste will be collected in the front of the premises, on the right-of-way, unless the
Director shall designate an area or areas for collection of such solid waste.
(d) Refuse receptacles may not be placed on the street pavement, in the gutter, or in a
drainage ditch. Except the Director may allow refuse receptacles to be placed in
roadside drainaae ditches when there is no practical alternative. However. the person
who places any refuse receptacles in a roadside drainaae ditch may be liable for any
f100dina damaae caused by the refuse receptacles.
(e) Recyclables shall be placed in a recycling bin a.-ailable from the Golid 'v'Vaste
GeR,-ices Dej:lartment or other conventional refuse recej:ltacle that is clearly identified
"itl, the recycling syn ,bol provided by the Dep!lFtn1ent. Containers I....ith recy"clables
shall be separated frol,' other solid ,,!lste, "hich are set out for collection, by at least
five (5) f-eet.
ffl-Solid waste shall be set out for collection before 7:30 a.m. on the designated
collection day, but may not be set out prior to 5:00 a.m., unless set out in a closed
container with a lid that is latched or otherwise secured to the container, so the lid will
not open if the container is tipped on its side.
(a) Not more than five (5) containers may be set out for collection.
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(1) There is no limit on the number of containers of used (lift wrappinq and boxes
that mav be set out on the first collection dav after Christmas.
(2) There is no limit on the number of containers or boxes that mav set out on
the first collection dav of a new residential customer.
(3) The Director mav qrant waivers to the rules in this subsection to allow
customers to set out more than five (5) containers on an occasional basis.
Sec. 21-23. Trash that cannot be placed in a receptacle.
Except on routes serviced bv automated equipment. which are requlated bv Section 21-
27, trash, Trash, other thai' debris, either commercial or residential, of such nature that
it cannot be placed in a conventional refuse receptacle, plastic or paper bag, or
cardboard box shatl-mav be placed beside the refuse receptacle.
Sec. 21-24. Duty of owners, occupants, etc., of premises to provide and maintain
refuse receptacles.
Each customer shall provide and maintain proper refuse receptacles of sufficient
number to contain the refuse that accumulates on the premises.
Sec. 21-25. Construction requirements for refuse receptacles.
(a) Refuse receptacles that will be handled by a collector may not be more than forty
five (45) gallons capacity.
(b) Reusable refuse receptacles must be constructed of some substantial leakproof
material (galvanized metal, aluminum, or plastic), of the type commonly sold in retail
establishments, with a tight-fitting lid or cover with handles sufficiently strong for the
collector to empty safely and conveniently. Refuse placed in receptacles that are not of
conventional design will not be collected.
(c) Paper and plastic bags and cardboard boxes must be of sufficient strength to hold
their contents.
(d) Plastic bags may not be less than 0.75 mils thick.
See, 21-26. Procedure as to damaged, etc., receptacles.
(a) A customer may not use a refuse receptacle that has deteriorated or become
damaged to the extent that it has jagged or sharp edges capable of causing injury to
the collectors or to the extent that the covers will not fit securely.
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(b) A Solid Waste Service employee designated by the Director may give notice to the
owner that a receptacle may no longer be used because of its defective condition, and
solid waste in the receptacle will no longer be collected.
Sec. 21-27. Collection services on routes with automated collection equipment.
Notwithstanding any other provision of this chapter, at residences that are on collection
routes serviced by automated equipment:
(1) All trasft-refuse must be placed inside the provided container.
(2) Any traslrrefuse placed outside the container will not be collected with the
trash in the container.
(3) Any traslrrefuse that will not fit in a container may only be set out for
collection on a day designated for setting out waste under Section 21-
13(b).
(4) If any traslrrefuse that will not fit in a container is set out for collection on
a day not authorized for setting out waste, in addition to any fine that may
be assessed for a violation of this ordinance, the Director shall assess the
surcharge for each pile of debris, as described in section 21-40(a)(11), for
each pile of trash set out for collection that is picked up. The surcharge
shall be applied to the customer's next monthly utility bill.
Sec. 21-28. Loose and Scattered Waste Will Not Be Collected. The Department will
not pick UP loose litter or scattered waste that is not properly cont!lined or piled set out
for collection as specified in Sections 21-12,21-13, and 21-14.
Sec. 2-29. Reserved.
ARTICLE III. DISPOSAL SERVICES
Sec. 21-30. Disposal services -- Available.
(a) The disposal services of the Solid Waste Services Department are deemed
available to every premise occupied for residential use within the City of Corpus Christi,
and the customer shall pay the charges therefor.
(b) If the o"ner or occtJpant of a premises has made arrangements fur disl'OSBI of solid
.....!lste by a pri~'ate collection sef'll ice in accorn!ll1ce .vit" all applic!lble 1!I"v!! and
regulations.
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(1) The Director li1a~ Nai'.'e such disposal cI ,arges onl~ upon presentation of an
affidavit of the customer or private collection servicc indicating the address of the
premises being served as pro'vided by section 21-10.
(2) Upon the expiration of an exemption under section 21 10, the customer shall
pay all applicable ci'larges upon COnlmenCel"ent of collection services by the
Departmcnt.
feTFor premises used as commercial or business establishments a disposal fee, as
orovided in Sections 21-41 and 21-42, shall be charged for each premise being served
by collection services of the Department.
Sec. 21-31, Same -- Disposal of garbage solid waste from outside the City.
(a) The disposal services of the Solid Waste Services Department may be made
available to orivate contract waste haulers at the discretion of the Director for the
disposal of solid waste from outside of the City only at a site designated by the Director,
if the Director determines that the Department has the capability of properly disposing
of the solid waste at that site.
(b) The owner of any commercial waste haulina vehicle delivering solid waste from
outside the City shall first obtain a solid waste permit, and shall pay the required
disposal charges and permit fees. (See section 21-80 -- 21-90.)
Sec. 21-32. Same -- Disposal of brick, broken concrete, ashes, dirt, etc.
(a) The routine disposal services of the Solid Waste Services Department do not
include brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt,
automobile frames, lumber or similar material resulting from either residential or
commercial construction or demolition, or any other bulky heavy material.
(b) The Director is authorized to accept such materials at a site designated by the
Director, if the Director determines that the Department has the capability of properly
disposing of the materials at the site, and in such case the owner or person controlling
such materials pays the required disposal charges, as provided in Sections 21-41 and
21-42 therefor.
=
See, 21-33. Same -- Disposal of hazardous waste and medical waste not
available.
(a) Except designated household hazardous waste that will be accepted on special
household hazardous waste collection days, no solid waste that is also classified as
hazardous waste or medical waste may be disposed at a municipal solid waste landfill
site or other solid waste disposal site operated by the City.
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(b) Before disposing of any solid waste at a municipal solid waste landfill site or other
solid waste disposal site operated by the City, the individual transporting the solid waste
shall certify on a form prescribed by the Director that the load of solid waste being
delivered to the landfill or disposal site does not contain any hazardous waste.
Sees. 21-34. Waiver of disposal fees for community cleanup efforts and for
cleanup of illegally dumped solid waste.
(a) The Director may waive the charges for disposal for solid waste collected:
(1) A Mn profit organization or neighborhood group as As part of a
neighborhood cleanup effort that is approved by the City Manger, or designee.
(2) A-g~g)andowner, who is removing solid waste, at the direction of the City's
Zoning and Code Enforcement Administrator, Solid Waste Compliance Officer,
or a Public Health Inspector, which solid waste were illegally dumped on the
landowner's property, notwithstanding the landowner's efforts to prevent illegal
dumping on the property.
(b) Any disposal charges waived shall be billed to any person identified as having
illegally dumped solid waste on the property. Each person who illegally dumps solid
waste on another's property is jointly and severally liable for the costs of removing and
disposing of any solid waste found on the property where the person illegally dumped
solid waste.
(c) A person is presumed to have illegally dumped a solid waste, if the solid waste
contains any writing or other marking indicating that the person is the owner of the item
or has had possession of the item, and the item is found on property, other than a
commercial business establishment that is open to members of the public, that is not
owned by the person. However, a person who manufactured or offered the item for
sale to the public, which is marked with a trade name, is not presumed to have
generated the solid waste once the item has been sold.
Sees. 21-35 -- 21-39. Reserved.
ARTICLE IV, RESOURCE RECOVERY FEE SCHEDULES
Sec. 21-40. Charges -- For collection services within the City of Corpus Christi.
(a) The following charges apply to the collection of solid waste from Solid Waste
Services Department customer located within the limits of the City of Corpus Christi. In
addition to the charges listed below, each customer is liable for any applicable
Federal/State surcharges or fees specified in Section 21-42 and State and City taxes.
The charges for collections services are:
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Type Description Minimum Charge Per
Month or Fraction Thereof
Collection
11 \ One-familv dwellina $11.51
(2) Two-family dwelling on $23.02
one (1) water and/or gas
meter
(3) Two-family dwelling on $11.51 each unit
separate water and/or gas
meters
14\ Apartment $11.51 per unit
(5) One-family dwelling and $23.02
single apartment on one
11 \ water and/or aas meter
(6) Apartment house on one $11.51 per unit
d\ water and/or aas meter
(7) Apartment house -- Each $11.51 per unit
apartment on separate
water and/or aas meter
(8) Additional charge for rear $10.75 per unit
door pickup on any type
above
(9) Additional loads of heavy $48.00 per load
Ileavy brush or bulkv item
additiol"lalloads at time of
scheduled heavy brush or
bulkv item collection
(10) Surcharge for hea'~y $10.00 per-pfle item
debris bulkv item nickup
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(11 ) Special non-scheduled Actual cost not to exceed
heavy brush, clean wood $200.00 per load
waste. debris. or bulkv
items and (debris)(bl:Jlk"f
item}pick up, including
pick up of heavy brush
and debris set out more
than two weeks prior to
the scheduled pick up or
brush or debris that is a
traffic, safety, or health
hazard
(12) Recycling containers: $4.00 per container
Each solid waste services
customer account will pay
a fee for recycling
containers that will be
refunded upon termination
of the account and return
of the recycling
containers.
(13)
Surcharge for tires set out $5.00 per tire
for collection.
(b) Except as provided in section 21-41, any residence, apartment, or other premises
that does not receive collection services from the Department under the provisions of
section 21-10 of this chapter, will not be charged collection or disposal fees.
(c) A business and commercial institutions establishment and any other occupied
premises located within the City of Corpus Christi, except a residence covered by
paragraphs (a) and (b) of this section, shall be charged for collection services by the
Department at a rate determined by the Director based on the following:
(1) Any rate set must be reasonable and determined by the type and amount of
refuse, the location of the refuse, the number of pickups per week that are
necessary to properly service and maintain sanitary conditions, and in proportion
to the minimum rate established in this paragraph.
(2) The Director may not set a rate below twenty-two dollars and fifty-two cents
($22.52) a month (the minimum rate), plus any applicable State disposal fees
and State and City taxes.
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Sec. 21-41. Charges -- For disposal services.
(a) A person disposing of solid waste at any City disposal site designated by the
Director shall pay a disposal fee, plus any applicable State disposal fees and State and
City taxes, for each load of solid waste deposited under the schedule below.
(b) The Director determines the composition of any load for the purpose of determining
the fee applicable to a specific load.
(c) Unless contractual arrangements specify otherwise, the Director may authorize
special agreements for disposal of solid waste with other public agencies.
(d) Before disposing of any solid waste, a person who does not have billing account
with Solid Waste Services and will be required to tare out shall make a deposit based
upon the estimated size of the load as determined by the Landfill Superintendent, or an
employee designated by the Superintendent. The minimum deposit will be the
commercial charge for one ton of solid waste.
(e) The following fee schedule applies to each load of solid waste deposited at a
disposal site operated by Solid Waste Services:
(1) Non-commercial vehicles
A. Corpus Christi residential Re3idential No charge
customer for trash. yard waste. heavy brush,
bulky items, larae household appliances,
and clean wood waste. but no
construction/demolition materials. (The
Director shall determine what form of
identification is required to prove that the
individual is a resident of the City.)
B. Corpus Christi residential customer for No charae on first
construction/demolition materials Saturdav of each month
C. Corpus Christi residential customer durina No charae
community clean UP events approved by the
Director.
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&.0. Non-Corpus Christi resident, who is covered As specified in the
by a special agreement between the City of special agreement
Corpus Christi and another agency for solid
waste disposal, hauling individual's
household waste in personally owned, non-
commercial vehicle. (The Director shall
determine what form of identification is
required to prove that the individual is a
beneficiary of the special agreement.)
&.E Any other individual hauling the individual's Commercial tipping fee
own household waste in personally owned, rate per load, plus
non-commercial vehicle special fees for
appliances and tires
(2) Commercial vehicles (tipping rate)
A. Solid waste by weight $ 25.25 per ton*
B. Loose load of solid waste, not weighed $ 6.78 per cubic yard*
C. Compacted load of solid waste, not weighed $ 9.01 per cubic yard*
D. State disposal fee Per State requirement
E. Commercial vehicle transporting household No charge
waste for a residential customer, when
accompanied by the residential customer.
(The residential customer must be the driver
or a passenger in the commercial vehicle or
arrive in a separate vehicle at the landfill with
the residential customer's waste.)
* Includes Federal mandated surcharges as provided by Section 21-42
(3) Special fees
A. Clean, uncontaminated dirt that is suitable $1.00 per cubic yard
for landfill use (as determined by landfill
superintendent or designee of the No charqe
superintendent)
B. Clean rubble suitable for recycling, including $8.00 per ton
crushed concrete, asphalt, bricks, etc.
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C. Large household appliances, such as $2.00 each
stoves, washing machines, clothes dryers,
dishwashers, refrigerators, or other similar
items
D. Tires
Automobile $1.00 each
Truck or large trailer tires (16 -19") $2.00 each
Tractor tires (,; 20") $3.00 each
Larger than 20" Not accepted
Cut into quarters or more Tipping fee rate
E. Vehicles with loads not adequately secured $5.00
so as to prevent any of the contents of the
transported load from being ejected or
dropped during transport of the load
F. Use of scales $5:00
$25.25
G. Any solid waste that requires special Up to twice tne tipping
preparation, handling, or cover rate, as As determined
by the Director
Sec. 21-42. Surcharge for State/Federal mandated costs.
(a) The following State/Federal surcharges are included in the charges established in
sections 21-40 and 21-41 above:
(1 ) Collecting and disposal of solid waste from $0.48 per month or
residential and apartment properties, fraction thereof
business and commercial establishments,
and all other occupied premises, for which
the collection services are provided
(2) For disposal of solid waste at any city $3.06 per ton or fraction
disposal site designated by the Director, for thereof
which a charge per ton or cubic yard is
required to be paid
(3) Disposal of loose materials that have not $1.61 $1.23 per yard or
been weighed fraction thereof
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(4) Disposal of compacted materials that have $1.23 $1.61 per yard or
not been weighed fraction thereof
(b) The Director shall collect any other State or Federal charges that may be imposed.
Sec. 21-43. Disposal fee for large dead animals.
A direct charge, not to exceed two hundred dollars ($200.00) per animal, as established
by the Director for removal and disposal of large dead animals shall be charged at the
time of removal.
Sec. 21-44. Bills for services; when charges payable.
(a) The utilities office of the Department of rublic Utilities of the City Utilities Billina
Office shall include on their monthly bills mailed to persons that receive collection and
disposal services from the Solid Waste Services Department all applicable charges for
services rendered to the premises of that person.
(b) The charges fixed by this article shall be payable to the City on receipt of the bill.
(c) In the event any person receiving services does not have a water or gas connection
billing, then a separate monthly bill shall be made to such person.
(d) The Director may authorize the establishment of billing accounts for landfill disposal
services under terms specified by the Director.
(e) Subject to the limitations in section 402.0025 of the Texas Local Government Code,
a customer is liable for all unpaid services rendered to a premises, while the premises
is owned by the customer. Any unpaid charges must be paid before the customer
opens a utility account.
Sec. 21-45. Creditfor vacancy.
No credit will be given to any customer for a vacancy at a residence or business or
commercial establishment that has an active utility service account or that is receiving
collection services.
Sec. 21-46. Suspension of services for failure to pay charges; reinstatement of
service.
(a) The service of any person who fails or refuses to pay the charges specified in this
article within ten (10) days from the date the charge is due and payable shall be
suspended.
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(b) Upon the renewal of services to premises where services have been discontinued
under the provisions immediately above, the customer of the premises shall be charged
ten dollarg ( $10.00) for reinstatement.
(c) If, upon reinstatement, the Director finds it necessary to either clean up the premises
or remove more than the maximum amount provided for by the minimum fee, or to
make an additional trip to remove accumulated solid waste, the customer shall be
charged, in addition to the reinstatement charge, fifty dollars ( $50.00).
Sees. 21-47 -- 21-49. Reserved.
ARTICLE V. BUSINESS OR COMMERCIAL ESTABLISHMENTS
Sec. 21-50. Littering at business or commercial establishments -- Declaration of
policy; scope.
For the purpose of the public peace, health, safety, morals and general welfare, the
entire premises occupied by a business or commercial establishment, including the
outside seating areas, parking area, driveway, and vehicle entrances and exits, is
declared to be a public place, and that it is contrary to the public peace, safety, morals,
health and general welfare of the community to permit litter on such public place.
Sec. 21-51. Same -- Receptacles required.
The owner or operator of a business or commercial establishment shall provide on the
premises sufficient refuse receptacles to keep the premises clean, but not less than two
(2) receptacles for the receipt of litter available to its patrons or customers. If more than
two (2) receptacles are required to hold all of the litter from the premises, the owner or
operator shall furnish such additional number of receptacles as is necessary to contain
the litter.
Sec. 21-52. Same -- Littering prohibited.
(a) It shall be unlawful for any patron or customer of a business or commercial
establishment to throw or deposit any litter on the premises of the business or
commercial establishment except in the receptacles provided.
(b) It is unlawful for any customer or patron of a business or commercial establishment
to throw or allow any litter to blow upon the streets of the City or upon private property
in the City.
(c) It is a defense to prosecution that the patron or customer picked up any litter, which
accidently blew into the street or on to another property, and properly placed it into a
receptacle.
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Sec. 21-53. Same -- Maintenance of cleanliness by owner.
(a) The owner or the operator of the business or commercial establishment shall clean
the premises and remove all litter therefrom and from any street or other premises to
which said litter has traveled, and place same in receptacles within thirty (30) minutes
after daily closing time of such business or commercial establishment.
(b) If the business or commercial establishment operates continuously without closing,
then the owner or operator shall clean the premises and remove all litter therefrom and
from any street or other premises to which said litter has traveled, and place it in
receptacles at 11 :00 a.m. and 11 :00 p.m. of each day.
(c) It shall further be the duty of said owner or operator to prevent any litter on the
premises from being blown upon or being permitted to come to rest upon the streets of
the City or upon any private property in the City.
Sec. 21-54. Same -- Overflowing dumpsters.
(a) The owner or operator of a business or commercial establishment, which contracts
with a private waste disposal company, shall ensure that any dumpster used on the site
is adequate to hold all of the waste generated or deposited on the site between
scheduled pickups.
(b) If any material is illegally dumped next to a waste disposal dumpster, the owner or
operator of a business or commercial establishment shall remove oHhe illegally
dumped materials and ensure that it is properly disposed of.
Sec. 21-55. Same -- Requirement to correct health or safety hazards.
(a) When notified by the Director or a Code Enforcement Official that the overflows from
any refuse receptacles or dumpster represents a health or safety hazard, the owner or
operator of a business or commercial establishment shall immediately clean up the
location, install additional refuse receptacles, or contract for a larger dumpster or more
frequent pickup.
(b) It is a defense to prosecution for violation of this section, if the owner or operator's
enters into a new or amended contract with a private waste disposal company within
ten 10 working days of the date of the notice from the Director or Code Enforcement
Official.
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Sees. 21-56 -- 21-59. Reserved.
ARTICLE VI. REGULATION OF FILL MATERIALS
Sec. 21-60. Deposit of fill material -- Permit required; exceptions.
(a) Except as provided in this section and section 21-80, no person may deposit or
dump on any property or allow to be deposited or dumped on the person's property or
property under the person's control, any dirt or other fill materials without securing a
permit from the Building Division of tlge Dcpartrncnt of Inspections and Operations
Official as provided by section 21-61.
(b) This provision shall not apply to persons depositing or dumping and spreading dirt,
sand or other gardening materials on the premises used in connection with an existing
building for landscaping purposes, or to the dumping or depositing sand or other
building material on a lot in connection with construction of improvements in progress
for which a building permit has been obtained, or to the dumping or depositing of dirt,
sand, fill material, or refuse for which a permit has been obtained under sections 21-80
through 21-90, or to the dumping or depositing of such materials in a City dumping
grounds so designated by the City.
Sec. 21-61. Same --Issuance of permit.
(a) The Building Division of tlge Department of Ilousil,g and Commtlnity De'velopment
Official is responsible for the issuance of dumping permits for dumping or depositing dirt
and other fill material.
(b) No dumping permit shall be issued for dumping or depositing refuse.
(c) Each dumping permit shall be issued to a specific person, firm or corporation to fill a
specifically described piece of property and shall specify the type of fill material and the
duration of the dumping permit, which shall not be for a period in excess of one week.
(d) Before the dumping permit is issued, the Building Division must be satisfied that the
dirt or fill material appears to be free from any substance injurious to the public health
and welfare, and that the dirt or fill material will be handled and dumped or deposited
and leveled off in a manner that apparently will not be injurious to the public health.
(e) The Building Division is authorized to promulgate forms to be completed by
applicants for dumping permits requiring such information as deemed necessary to
carry out the purposes of this section.
Sees. 21-62 - 21-69. Reserved.
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ARTICLE VII. CONTROL OF REFUSE
Sec. 21-70. Covering Loads.
(a) A person hauling solid waste to a municipal solid waste landfill or other point of
disposal shall:
(1) Securely cover the vehicle with a tarpaulin or adequately cover the load to
prevent any solid waste from falling or blowing out of the vehicle between the
point of pick-up and the point of disposal.
(2) Prevent any solid waste from falling or blowing out of the vehicle by bouncing,
sliding or slipping due to the movement of the vehicle, the wind action, or
because of improper placement of the contents in the vehicle.
(b) This section does not prohibit the travel of a vehicle for a distance of not more than
two (2) blocks from the point of one pick-up to the point of another pick-up on the same
trip without having the tarpaulin or other cover of the vehicle securely fastened.
Sec. 21-71. Release of balloons.
(a) A person commits an offense if the person knowingly releases a balloon into the air
outside a roofed structure.
(b) A person commits an offense if the person organizes or promotes an event during
which balloons are released into the air outside a roofed structure if the person knew
that such release was planned or authorized.
(c) It is an affirmative defense to prosecution under this section that the balloon was
released for scientific or meteorological purposes by or authorized by a government
agency, or that the balloon was a hot-air balloon designed for recovery after launching.
(d) As used in this section, "balloon" means an inflatable bag of thin rubber or similar
material inflated with lighter-than-air gas.
Sec. 21-72, Illegal Disposal of Solid Waste Prohibited.
(a) The disposal of solid waste in violation of this section is a nuisance and potential
health and safety hazard.
(b) A person. or the oerson's aaent or emolovee, may not dispose or allow or permit the
disposal of any solid waste at a place within the City of Corpus Christi or within 5,000
feet of the City's boundary, including on or within 300 feet of a public road, right of way,
any portion of the municipal separate storm water sewer system, park, or coastal
waters, including tributaries to the coastal waters, except at the following locations:
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(1) A permitted municipal solid waste landfill site or municipal solid waste
collection point.
(2) A private solid waste disposal facility permitted by the TNRCC.
(3) A refuae littef-receptacle made available to the public, patrons, and
customers of a business or public facility.
(4) At a place designated for the collection of solid waste by section 21 21 21-22,
but only when the solid waste is placed by a customer for collection by Solid
Waste Services or a private collection contractor.
(5) A refuse receptacle maintained by the owner or person in control of a
premises for the disposal of solid waste generated on the premises or as a result
of the activities of the owner or person in control of the premises.
(6) As otherwise expressly permitted by the Code of Ordinances or applicable
Federal or State laws.
(c) In addition to any other penalties that might result from a violation of this section or
any other law relating to the disposal of solid waste, any person who disposes of any
solid waste in violation of this section shall promptly remove the solid waste, take all
measures necessary to reduce or eliminate any harmful effects of the waste that cannot
be removed, repair any damages caused to-~the solid waste, and compensate the
City for any additional expenses it was caused to incur as a result of the illegal disposal
of the solid waste.
(d) The generator of solid waste is responsible for the proper collection and disposal of
any solid waste that the person generates.
(e) A person is presumed to have generated a solid waste, if the solid waste contains
any writing or other marking indicating that the person is the owner of the item or has
had possession of the item. However, a person who manufactured or offered the item
for sale to the public, which is marked with a trade name, is not presumed to have
generated the solid waste once the item has been sold.
(f) In anv prosecution charaina a violation of this section in which it is alleaed that a
motor vehicle was used to transport the solid waste to the place of disposal. the
reaistered owner of the motor vehicle is presumed to be the person who threw.
dropped. or otherwise placed solid waste removed from a vehicle in violation of this
section at the time and place charaed. if proof that the particular vehicle described in
the complaint was used to transport the solid waste disposed of in violation of this
section. toaether with proof that the defendant named in the complaint was at the time
of the alleaed violation was the reaistered owner of the vehicle, is presented into
evidence.
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(g) If the person fails to remove the illegally disposed solid waste within ten (10) days
after receiving notice as provided in section 342.006(b) of the Health and Safety Code,
the Director may have the solid waste removed and any damages repaired. The
generator of the solid waste shall pay the costs of collection and disposal of the solid
waste, repair of any damage, and is liable for any losses sustained by a third party as a
result of the illegal disposition of solid waste.
(h) The Director may remove any solid waste without notice to person who discharged
the substance or article into the municipal separate storm water sewer system, when
directed to do so by the Federal or State On Scene Coordinator, under the Act; the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended; the Oil Spill Prevention and Response Act, or Texas Oil and Hazardous
Substances Spill Prevention and Control Act. The generator or person who discharged
the solid waste is liable for all costs incurred by the City as a result of the discharge.
(i) Upon the written certification by the Director or a Code Enforcement Official of a
violation of any provision of this chapter, the City Attorney is authorized to petition any
court of competent jurisdiction for an injunction to enjoin the continued violations. This
remedy shall be cumulative of all other enforcement powers granted to the City by the
terms of its charter, any ordinance, or by the laws of the state.
Sec. 21-73. Director of Solid Waste Services authorized to enter premises.
(a) The Director or a Code Enforcement Official is authorized to enter any premises to
make inspections to determine that solid waste is being properly collected and
removed.
(b) In the event of an emergency affecting public health and safety, the Director or a
Code Enforcement Official may conduct a needed inspection without the permission of
the property owner or a warrant.
Sec. 21-74. Special Warrants.
(a) Under Article 18.05, Texas Code of Criminal Procedure, if the Director or a Code
Enforcement Official has been refused access to a building, structure, or property or
any part thereof, and if such official can demonstrate (1) probable cause to believe that
there may be a violation of this chapter and (2) that there is a need to inspect as part of
a routine inspection program of the City designed to verify compliance with this chapter,
or any permit or order issued under this chapter to protect the overall public health
safety and welfare of the community, then upon application by the City Attorney,
through the Director or a Code Enforcement Official, the Municipal Court Judge of the
City shall issue a search and/or seizure warrant describing therein the specific location
subject to the warrant. The warrant shall specify what, if anything, may be searched
and/or seized on the property described. Such warrant shall be served at reasonable
hours by the Director or a Code Enforcement Official, in the company of a uniformed
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police officer of the City. Normal business hours are presumed to be reasonable hours
of access.
(b) In the event of an emergency affecting public health and safety, inspections shall be
made without the issuance of a warrant.
Sec. 21-75. Collection of Expenses; Lien, Suit.
(a) The Director may add an additional resource recovery fee to the generator's monthly
utility bill after the illegally disposed solid waste has been collected, if the Director
notifies the person presumed to be the generator of the basis for the presumption, the
amount of the resource recovery fee that may be assessed, and the procedures the
person may use to contest the presumption.
(b) The person who receives notice from the Director that they may be liable for a
resource recovery fee for the collection of illegally disposed solid waste, may contest
the presumption by sending tne Director a written explanation to the Director.
(c) The decision of the Director to assess a resource recovery fee for illegally disposed
solid waste, may be appealed to the City Manager for final determination.
(d) If a person fails to pay any required resource recovery fee in a timely manner, all
utility services provided to the person may be discontinued under Section 55-34.
(e) The Director may file a statement of expenses incurred under this chapter, giving
the amount of the expenses, the date on which such work was done, and a description
of the premises upon which such work was done with the County Clerk. The City shall
have a privileged lien on such lot or real estate upon which such work was done to
secure the expenditures so made, under the terms of Section 342.007, Texas Health
and Safety Code, which lien shall be second only to tax liens and liens for street
improvements, and such amount shall bear ten (10) per cent interest from the date the
statement was filed. For any such expenditures and interest, suit may be instituted and
recovery and foreclosure of such lien may be had in the name of the city, and the
statement of expenses so made, as aforesaid, or a certified copy thereof, shall be
prima facie proof of the amount expended for such work or improvements.
Sees. 21-76 - 21-79. Reserved.
ARTICLE VIII. SOLID WASTE PERMITS
Sec. 21-80. Solid waste permits required.
No person, except a duly authorized agent or employee of the City, shall collect the
solid waste of any other person, or conveyor transport such solid waste on the streets,
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alleys or public thoroughfares of the City, or dispose of such solid waste, without a
written solid waste permit granted and issued by the Director.
Sec. 21-81, Application generally,
Any person desiring a solid waste permit for the collection, removal, and disposal of
solid waste, as required in section 21-80 of this Code, shall make application for such
solid waste permit to the Director.
Sec. 21-82. Contents of application.
The application shall set forth the name and address of the applicant; the trade name
under which the applicant does or proposes to do business; the mailing address, office
telephone number and location of the business; the number of vehicles the applicant
desires to operate; the location where the vehicles will be parked or stored when not in
use; the class, size and design of each vehicle; whether or not the applicant or any
person employed by him has a claim or judgment against him for damages resulting
from the negligent operation of a vehicle; the nature and character of the service the
applicant proposes to render; the patrons for whom the applicant proposes to render
the service; and a statement of whether or not service will be provided to any premises
not located in the City of Corpus Christi.
See, 21-83. When solid waste permits not required.
A resident of the City shall not be required to obtain a solid waste permit to haul solid
waste from the dwelling in which the resident resides to a City disposal site. An owner
or employee of a business or commercial establishment located on premises in the City
shall not be required to obtain a solid waste permit to haul solid waste from said
premises to a City disposal site. Said residents, owners and employees shall not be
exempted from any other requirements of this Code or other applicable Federal or State
laws for the conveying, transporting or disposing of solid waste.
Sec. 21-84. Bond and insurance required.
No solid waste permit may be issued until the applicant provides satisfactory proof to
the Director of Safety and Risk Management that the applicant has adequate liability
insurance available to protect the interest of the City and its residents, as required by
section 17-15 of the Code of Ordinances.
See, 21-85. Fees for solid waste permits.
(a) The fee for a solid waste permit shall be seventy dollars ($70.00) per vehicle,
payable to the City at the time of issuance of solid waste permit, except as provided
herein.
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(b) The fee for a solid waste permit shall be one hundred forty dollars ($140.00),
payable to the City at the time of issuance of the solid waste permit, for any vehicle
which is to be used to conveyor transport solid waste from outside the City to any
disposal site of the Solid Waste Services Department.
Sec. 21-86. Expiration of solid waste permits.
Solid waste permits shall expire on August 31st of each calendar year.
Sec. 21-87. Denial, suspension, and revocation of permit.
(a) Authority of Director to deny, suspend, and revoke permits. The Director may deny,
suspend, or revoke a permit if the Director determines that a permittee:
(1) Is not qualified under this Article.
(2) Violates any of the provisions of this chapter, any procedural or
operational rule or regulation promulgated by the Director to implement
this chapter, or applicable provisions of the City code.
(3) Has failed to pay a required fee or fine.
(4) Violates any Federal or State law or implementing regulation relating to
the generation, transportation, or disposal of hazardous waste that
occurred within the City or its extraterritorial jurisdiction or involved waste
disposed at a City solid waste facility.
(5) Has failed to timely respond to a notice of violation or alleged violation.
(b) Reinstatement of suspended or revoked permit.
(1) After suspension or revocation under this section, a permittee may file a
request for reinstatement of the permit.
(2) If the Director determines that the permittee is again qualified after all fees
and fines have been paid, all violations have been corrected, precautions
have been taken to prevent future violation, and all reejuired fees nave
been paid, the Director may reinstate a permit.
(3) A permittee whose permit is suspended or revoked may not collect,
transport, or dispose of any solid waste within the territorial jurisdiction of
the City.
(c) Appeal of revocation of a permit.
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(1) In the event a permit is revoked, the former permittee may request a
hearing with the City Manager.
(2) A request for a hearing must be made within three (3) working days of the
revocation.
(3) The hearing will be held by the City Manager within five (5) days of receipt
of request for a hearing.
(4) The hearing shall be informal, and notice of the holding of the hearing
may be communicated to the requesting party verbally and confirmed in
writing.
(5) Within seventy-two (72) hours of the conclusion of the hearing, the City
Manager will issue a finding on whether or not to lift the revocation.
(6) The City Manager may impose conditions of remediation and correction
upon the former permittee as conditions of lifting the revocation.
(7) If the former permittee is not satisfied with the decision of the City
Manager, the former permittee may appeal to district court.
(8) The appeal must be perfected by service of process upon the City within
thirty (30) days of the Director's decision to continue revocation.
Sec. 21-88. Display of solid waste permit number on vehicle.
Each vehicle used pursuant to a solid waste permit shall be equipped with the number
of the solid waste permit painted on or attached to the vehicle in letters at least three (3)
inches in height and at a conspicuous location.
Sec. 21-89. Display of name on vehicles and containers.
After September 1, 1997, each vehicle used pursuant to a solid waste permit, and each
container provided by solid waste permit holders to customers, shall be equipped with
the name of the solid waste permit holder painted on or attached to the vehicle or
container at a conspicuous location. Said identification shall be either in letters not less
than two and one-half (2%) inches in height or in an easily readable sign not less than
ten (10) inches in height and twelve (12) inches in width.
Sec, 21-90. Solid waste from outside of the City.
(a) All solid waste permit holders are hereby required to submit a list each month of all
customers for which said solid waste permit holder has rendered service from any point
outside of the City limits.
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(b) The solid waste permit holder shall prepare said reports so as to provide the correct
information as of the first day of each month and shall submit the reports to the Director
no later than the tenth day of the same month.
(c) The solid waste permit holder shall pay to the City the disposal charges for all solid
waste conveyed or transported from outside of the City to any disposal site of the Solid
Waste Services Department.
Sec. 21-91, Private Waste Disposal Dumpsters.
(a) Private waste disposal companies may not place their disposal dumpsters on any
City or State right-of-way within the City limits. All dumpsters must be placed on the
customer's private property.
(b) A private waste disposal company must access a dumpster for collection services
via a driveway. A private waste disposal company may not cross over the curb of a City
street or State highway except at an authorized driveway approach curb-cut.
(c) If any material is illegally dumped next to a waste disposal dumpster, the customer
contracting with the private waste disposal company is responsible for the removal of
the illegally dumped materials.
(d) If a dumpster that is located at a business or commercial establishment is
inadequate for the volume of materials being deposited and waste materials are
overflowing from the dumpster, the private waste disposal company shall notify its
customer of the need to arrange for placement of a larger dumpster.
Sees. 21-92 - 21-99. Reserved.
ARTICLE IX. LARGE ITEM BUY BACK PROGRAM
Sec. 21-100. Large Item Buy Back Program Authorization.
(a) The Director is authorized to establish a large item buy back program from funds
appropriated for solid waste collection services.
(b) The Director is authorized to make payments to residents of the City of Corpus
Christi, who bring large items of debris, such as mattresses, items of furniture, large
pieces of carpeting, appliances, or plumbing fixtures, which will not fit into a normal
trash receptacle or dumpster, during times designated and publicized by the Director as
Buy-Back Program Days.
Sec. 21-101, Large Item Buy Back Program Payment Schedule.
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(a) The Director shall prepare a Large Item Buy Back Program payment schedule. The
payment schedule shall be submitted to the City Manager for approval, and be
reviewed on an annual basis.
(b) The payment schedule shall bear a reasonable relation to cost savings to the City
from not having to collect large items of debris that have been set out for collection.
(c) The initial payment schedule must provide for a payment of at least one dollar
($1.00), but not more than five dollars ($5.00) per item. The Director may classify the
collective parts of a larger item as a single item, such as the broken legs of a table and
the table top would be considered as a single table.
(d) The payment schedule may be adjusted at any time.
(e) The approved payment schedule shall be filed with the City Secretary and copies
shall be provided to the City Council.
(f) The Director shall have the authority to negotiate special payments for special
situations.
SECTION 2. Section 12-6 of the Code of Ordinances is repealed.
SECTION 3. Chapter 49, Streets and Sidewalks, of the Code of Ordinances is
amended by adding Section 49-11 a to read as follows:
Sec. 49-11a. Duty of abutting owners, etc., to keep right of way clean.
It shall be unlawful for the owner, lessee, or tenant of any premises abutting on any
right of way to permit any solid waste to accumulate in the right of way, except solid
waste that are set out for collection by Solid Waste Services or a private collection
contractor in accordance with Chapter 21 of this Code. A person who allows solid
waste to accumulate in the adjacent right of way is guilty of a misdemeanor and may be
assessed a resource recovery fee for the collection of the solid waste from the right of
way.
SECTION 4. Chapter 1, General Provisions, of the Code of Ordinances, City of Corpus
Christi. is amended by adding a new Section 1-12 to read as follows:
Sec. 1-12. Code Enforcement Official.
(a) :Code Enforcement Official: means an employee holding a position designated in
writing by the City Manager to enforce the ordinances of the City of Corpus Christi.
(b) A Code Enforcement Official may:
R63302AR.wpd
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(1) Make application for administrative and crimiOnal search warrants under
authority of the Texas Code of Criminal Procedure, Article 18.05, as such
warrants may be necessary to enforce any provision of the Code of Ordinances
of the City of Corpus Christi or other municipal ordinance.
(A) A Municipal Court Judge shall issue a search and/or seizure warrant
describing the specific location subject to the warrant and items that may
be seized, upon application by the City Attorney, through a code
enforcement official, if a code enforcement official has been refused
access to a building, facility or residence, or any part thereof, and if such
official can demonstrate:
1. Probable cause to believe that there may be a violation of this
article, and
2. That there is a need to inspect as part of a routine inspection
program of the city designed to verify compliance with any
ordinance, permit, or order issued by the City to protect the public
health, safety, and welfare of the community.
(B) The warrant must be served at reasonable hours by the code
enforcement official, in the company of a uniformed police officer of the
city.
1. Hours during business operation or during a time a permittee is
discharging into a sanitary sewer or the municipal separate storm
sewer system is presumed to be a reasonable hours for access.
2. In the case of a suspected unpermitted discharge, or discharge
from a domestic source, the municipal court judge shall make
determination of reasonable hours for entry.
3. In the event of an emergency affecting public health and safety,
inspections shall be made without the issuance of a warrant.
(2) Submit a request to the City Attorney to petition any court of competent
jurisdiction for an injunction to enjoin the continued violations.
R63302AR. wpd
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(3) Issue citations for violations of any City ordinance observed being committed
in the Code Enforcement Official's presence.
(4) File a report with the City Attorney and request the filing of a complaint in
Municipal Court when the Code Enforcement Official has reason to believe and
does believe a City ordinance has been violated, but did not personally observe
the violation.
(c) Upon receipt of a completed citation, signed by a Code Enforcement Official, the
Administrator of Municipal Court shall process the citation and cause a complaint to be
filed, in the same manner as a citation issued by a police officer.
(d) A Code Enforcement Official is not authorized to arrest an individual for violation of
any City ordinance.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 6. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1 of this ordinance.
SECTION 7. This ordinance is effective on May-Auoust 1,2000. Any changes in the
residential collection rates shall take effect and be applied against all service provided
on or after May-Auoust 1, 2000, which is billed in a utility billing cycle, which includes
only service provided on or after May-Auoust 1, 2000.
SECTION 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R63302AR.wpd
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the ~ay of ~-^-f---C. ' 2000, by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison ~
Javier D. Colmenero
Betty Jean Longoria
Melody Cooper
John Longoria
Dr. Arnold Gonzales
Mark Scott
Henry Garrett
That tlt?'1~'0.going ordinance was read for the second time and passed finally on this
the ....L2.l.. day of ~ 1/\ e / , 2000 by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison ~
Javier D. Colmenero ~ Betty Jean Longoria ~
Melody Cooper CIA0!\: j',J John Longoria ~
Henry Garrett ~ Mark Scott ~
Dr. Arnold Gonzales {l,U" ,
~i1---
PASSED AND APPROVED, this the ---.!}Q day of tfM\.Q ./
ATTEST:
A'm.~
City Secretary
,2000.
~. ,f/~
Samuel L. Neal, Jr
Mayor, The City of Corpus Christi
_-'''-
APPROVED: -.\ day of "lvn ~
,2000:
James R. Bray, Jr., City Attorney
By:
R~i";7
First Ass'stant City Attorney
R63302AR.wpd
024069
,
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
}
}
ss:
CITY OF CORPUS CHRISTI
Ad # 3484466
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of
TWO 2
nnt. N.9. () 'J)t 0 (Q 9
June-
JUNE, 2000.
CoI))UlI QhrilllI
PAS
QF OIIDlNANCE
Q2.I!)6ll
Amending 'the Code of
Ordinances, City of
Corpus Christi, Chapter
1, . General Provisions,
Chapter 12, Boats. Bays
and Waterways. c:hapter
21, Garbage. Trash, and
other Refuse, Chapter
49, ,Streets and
Sidewalks, regarding
Solid Waste Services,
the disposal of garbage,
trash and other' refuse,
and the control of litter
Including increases in
fees; providing for
penalties, and provkllng
for an effective date of
August 1, 2000. This
ordinance was passed
and approved by the City
COuncil of the City, of
Corpus Christi on June
20, 2000.
loIArmando Chapa
Clly SecrNry
s (I~
Customer Service Manager
$71.06
Subscribed and sworn to me on the date of
JUNE 27,2000.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.