From
Patricia D. B. Redfearn, Ph.D.
Title
Second reading and adoption of an ordinance of the City of Grand Prairie, Texas, amending the Utilities and Services Chapter of the Code of Ordinance of the City of Grand Prairie, Texas by amendment of Article IV relating to the regulation of garbage collection and disposal within the city, making this amendment cumulative, repealing all ordinances in conflict herewith; and to become effective, after publication, on October 1, 2019
Presenter
Patricia D. B. Redfearn, Ph.D.
Recommended Action
Approve
Analysis
For several years the City of Grand Prairie has utilized the company currently doing business as Republic Services of Arlington as the franchised solid waste hauler. The franchise agreement between the two entities allows for a rate increase to be brought forward, if necessary, once per year. Republic Services of Arlington has delivered to the City a request for a $0.39 rate increase for residential services, a 3.8% increase for commercial services collected in 2, 4, or 8 cubic yard containers or in commercial bags and a 3.8% increase for roll-off or compactor customers. This request has been evaluated by staff and was deemed justifiable.
Financial Consideration
Funding for this item is reflected in the FY2019/2020 Proposed Solid Waste Operating Fund Budget.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 26, "UTILITIES AND SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, BY THE AMENDMENT OF ARTICLE VI, "GARBAGE COLLECTION AND DISPOSAL," RELATING TO THE REGULATION OF GARBAGE COLLECTION AND DISPOSAL WITHIN THE CITY; PROVIDING FOR AN INCREASE IN RESIDENTIAL AND COMMERCIAL GARBAGE FEES; MAKING THIS ORDINANCE CUMULATIVE; CONTAINING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO BECOME EFFECTIVE, AFTER PUBLICATION, ON OCTOBER 1, 2019
WHEREAS, the City has an interest in protecting public health through the proper collection and disposal of solid waste; and
WHEREAS, the City has the authority to regulate residential and commercial solid waste collection rates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 26, Article VI, is hereby amended to read as follows:
ARTICLE VI. - GARBAGE COLLECTION AND DISPOSAL[4]
Cross reference- Littering, cleanliness of premises, § 13-30 et seq.
State Law reference- Solid Waste Disposal Act, V.A.C.S. art. 4477-7.
Sec. 26-100. - Definitions.
The following terms, when used in this article, shall have the meanings respectively ascribed to them:
Approved residential container: An opaque plastic bag of a color other than blue or red.
Bulky waste: Garbage, refuse or trash, which is determined by the city not to be collectable with residential collection equipment, and containerized in a method acceptable to the city, is designated as bulky.
Brush: Tree and shrub trimmings which are not susceptible to placement in approved containers.
City landfill: means the controlled area of land owned or operated by the city upon which municipal solid waste is placed for disposal in accordance with standards, rules, regulations or orders established by federal, state and local governmental agencies.
Commercial container: Any approved container provided by an approved contract or franchised hauler for the removal of garbage/refuse. These containers typically range from two (2)-forty (40) cubic yards and are serviced by front load, side load, or roll-off style vehicles.
Customer: Any owner, occupant, tenant or person otherwise in control of any premises in the city on which garbage and trash are accumulated and from which the same is removed or required to be removed pursuant to the terms of this article.
Debris: Dirt, concrete, rocks, bricks or other waste building materials.
Enclosures: A manmade structure built for the specific purposes of shielding a refuse container. These enclosures must be built so that the refuse collection vehicles have access to the container. If enclosures are built with doors, these shall be opened by the tenants on the day of collection. Doors shall be made with anchor devices that will keep the doors from inadvertently closing on the collection vehicles. Enclosures shall be at least twelve (12) feet wide and twelve (12) feet deep for ease of collection. Approaches to containers must be of sufficient strength to support the weight of collection vehicles.
Garbage: Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling, and sale of produce and other food products.
Hazardous waste: solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6903, et seq., or regulated as toxic under the Toxic Substances Control Act, 15
U.S.C.A. Section 2601 et seq., regulations promulgated there under or applicable state law concerning the regulation of hazardous or toxic wastes.
Local regulatory authority: Any municipal officer or department of the city appointed by the city manager to administer this article.
Primary residence: The single dwelling home in which each person or family resides. This does not include secondary homes or rental properties owned by the resident.
Recyclables: Materials that are diverted from the waste stream, processed and treated so that they can be used again. Commonly recycled materials include aluminum, paper, steel, plastics and glass.
Recycling: Processing and treating discarded materials so that they can be used again.
Residential: Pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional one-family residences, duplexes, multifamily residences, apartments or mobile homes.
Special waste: Any solid waste or combination of solid waste that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect human health or the environment. If improperly handled, transported, stored, processed, or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment.
State environmental regulatory authority: The state's agencies that have the authority to adopt and enforce any environmental rules necessary to carry out its powers and duties under the laws of Texas.
Trash: All refuse other than garbage, recyclables, debris and brush as herein defined, and including any household trash and yard waste. (Grass clippings, leaves, etc.)
(Ord. No. 7328, § 3, 1-3-06; Ord. No. 9147-2011, § 1, 1-4-11)
Sec. 26-101. - General standards.
(a) No person except the duly authorized agents of the City of Grand Prairie shall empty solid waste or recyclable containers or convey or transport garbage or trash on the streets, alleys and public thoroughfares of the city without a contract or franchise granted and issued by the city council. All municipal solid waste generated within the City of Grand Prairie not prohibited by law for disposal in Grand Prairies Type I landfill shall be transported to the landfill for proper disposal.
(b) Any person desiring a franchise for the removal and disposal of garbage and trash shall make application for such franchise to the city council, who shall make and cause to be made such investigation as it may consider necessary in order to determine whether or not the public convenience and necessity require the granting of such franchise and the amount to be charged therefore. All franchises so granted shall be nontransferable and said franchise may be rescinded by the city council at any time in its judgment such actions is deemed to be in the best interest of the public. At no time where franchises have been issued to vendors to dispose of garbage or trash shall the city be responsible or liable in the event of damages to persons or damages to property. In all cases where franchises have been issued, such franchises shall be attached to the vehicles used for such service, and shall be subject to inspection at all times.
(c) Any person, firm or corporation who obtains a franchise from the city to collect and dispose of garbage, shall pay to the city four (4) per cent of the gross monthly receipts received from garbage collection as a condition for the use of city streets, landfill, billing and other public services, with four (4) per cent of landfill fees to be paid to the general fund.
(d) Frequency. The collection and removal of garbage and trash from houses, buildings and premises used for commercial, institutional or industrial purposes shall be made as often as necessary in order to maintain such premises free of the accumulation of garbage and trash. The local regulatory authority shall be authorized to require commercial, institutional, and industrial customers to increase collection frequency to insure compliance with the provisions of this article. Additionally, the local regulatory authority may require the installation of an enclosure to completely shield any dumpster/compactor location. Such enclosure shall be constructed in accordance with this article and shall be constructed of materials compatible with surrounding buildings. These materials must be approved by the chief city planner and the enclosure must be constructed in compliance with any required building permit.
All food service establishments shall maintain garbage and trash collections at a frequency of not less than two (2) times each week, unless written approval is obtained from the local regulatory authority. Such approval may be revoked at any time by the local regulatory authority when, in their opinion, the premises have become unsanitary due to collections less frequent than two (2) times each week.
Garbage and trash collection from multifamily residential complexes which provide or use mechanical packers or compactors may be made one (1) time each week upon written approval of the local regulatory authority. Such approval may be revoked at any time by the local regulatory authority when, in their opinion, the premises have become unsanitary due to collections less frequent than two (2) times each week.
All new businesses may be required to provide proof of a valid collection agreement/contract with the city's solid waste contractor prior to the issuance of a certificate of occupancy. Building permit applicants for remodeling and demolition projects may be required to provide proof of a valid collection agreement/contract with the city's solid waste contractor prior to the issuance of a building permit.
(e) Prevention of scattering. Every customer shall keep all trash containers closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals.
All food service establishments shall insure that any privately owned trash receptacles on their property are maintained to prevent the scattering of garbage or trash. At a minimum, these facilities shall survey their property daily and remove any scattered materials.
All recyclables shall be stored in a manner that prevents scattering, vector breeding or harboring, or other nuisance conditions.
The city manager and the city attorney are authorized and instructed to file such claims or lawsuits as might be necessary to recover the actual cost to the city of cleaning up or removing such waste or material against any person responsible for the depositing of same upon the public sidewalks, alleys, or other public property of the city.
(f) Theft of service. It shall be unlawful for anyone to place waste or other materials, whether generated at the location or otherwise, household or other materials not generated from such location in a commercial, institutional, or industrial container. If the source of such materials are located or identified, a citation may be issued to the person or persons placing such items in the container. In any situation in which hazardous waste or other prohibited materials are found in such containers, any person in charge of the premises shall be responsible for allowing such materials to be placed in the container.
(Ord. No. 7328, § 3, 1-3-06; Ord. No. 7687, § 1, 10-16-07)
Sec. 26-102. - Preparation of wet refuse and of animal matter.
All garbage or trash that is mixed with water or other liquids shall be drained before being put into a garbage or trash container. All animal matter subject to decomposition shall be well wrapped in paper or other biodegradable material before being deposited in such container.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-103. - Non-residential refuse.
It shall be unlawful for a residential customer to place for collection at a residence, commercial refuse or materials generated from some location other than the collection location, or to bring such waste to the city landfill and represent it as household or residential waste.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-104. - Debris prohibited in garbage and trash containers.
Rock, concrete, scraps of building materials or other trash resulting from building or remodeling operations will not be removed by the city or its contractor. However, any person may contract with the city's franchise hauler or contractors for the disposition of such materials.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-105. - Grass clippings collection ban.
Grass clippings will not be collected or removed from premises within the city by the city or its contractor as a regular service. Brush and other yard trimmings other than grass clippings may be collected and removed by the city or its contractor. Nothing in this section prohibits the city from collecting and removing grass clippings as a part of a code enforcement action against any premises in the city.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-106. - Prohibited waste.
No hazardous waste, Class I industrial solid waste, radioactive waste, liquid waste, used oil, used oil filters, lead-acid batteries, or other prohibited materials and wastes, as currently defined by the state environmental regulatory agency, shall be placed in dumpsters or accepted at the city municipal solid waste landfill, and the dumping of such materials and wastes is prohibited. Tires will be accepted under the condition that they are deposited in the designated tire recycling area and appropriate fees are paid. Selected special wastes treated per Texas Administrative Code may be accepted for disposal at the landfill with prior written permission of the city's solid waste manager.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-107. - Duty of customer to see that containers are emptied.
Every customer is hereby required to maintain constant supervision and surveillance over garbage containers on such customer's premises. If, after having been timely placed for collection, the containers are not emptied and the contents removed by the agent or representative of the city or other duly authorized person within a period of twenty-four (24) hours of scheduled collection, the customer shall promptly notify the city.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-108. - Containers required; securing.
(a) To use containers: Every customer shall use an approved residential container, except those using commercial-type containers approved by the city, sufficient in number to hold the garbage and trash normally accumulating on the premises of said customer.
(b) To secure containers: Every customer shall keep all garbage and trash containers used by such person securely closed in such a manner as to prevent the scattering of the contents thereof, and to render said contents inaccessible to insects, rodents and other animals.
(c) Illegal pilfering: The disturbance of any garbage container or recycling container or in any way pilfering, scattering contents or junking in any alley or street within the city limits is prohibited.
(d) Container capacity unit: Trash or garbage shall not be placed in a container so as to exceed the capacity of that container.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-109. - Reserved. Sec. 26-110. - Residential collection standards.
Every person who owns, occupies, or controls any premises in the city shall have garbage removal service.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-111. - Placement of containers.
It shall be the duty of each customer of residential premises in the city, except those using approved commercial-type containers, to place garbage and trash containers at locations as follows:
(1) Premises on alleys: If the premises are located on an alley designated from which garbage and trash are to be collected, the customer shall place all containers adjacent to the alley at the location on the premises and easily accessible to the collector from outside said premises.
(2) Other premises: In the event that there is no alley designated for collection adjacent to the premises, the customer shall place all containers for collection at curbside on the street on which said premises are addressed.
(3) Designation of collection point: In the event that it is not practical to place containers for collection at locations hereinabove provided, the local regulatory authority shall designate the point most accessible for collection in such instances.
(4) Time of placement: All containers shall be placed at the hereinabove prescribed locations no earlier than 8:00 p.m. on the day prior to the day of scheduled collection.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-112. - Bundled trash and brush.
In the event that trash is of such a nature that it cannot be placed in approved containers, it shall be placed in bundles or disposable containers having a width of no more than four (4) feet and shall be placed for collection as provided in section 26-101. Brush shall be cut in lengths not to exceed six (6) feet and shall be trimmed and stacked at curbside (or alley) to a height of not more than three (3) feet, with the larger ends placed toward the curb or alley. All vines and thorny bushes shall be placed in disposable containers. No bundle, container or other item shall weigh in excess of fifty (50) pounds. A maximum of one (1) cubic yard of brush will be collected per pickup day.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-113. - Residential fees.
(a) The collection and removal of garbage and trash in disposable containers from premises used for residential purposes shall be made two (2) times per week (and collection of recyclables shall be made one (1) time each week). The fair and reasonable charge for such service is hereby determined to be sixteen dollars and thirty-five cents ($16.35) per residential unit for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. Eligible for a one-dollar ($1.00) discount are water account customers aged sixty-five (65) and older with the account in the senior citizen's name and certified by ad valorem tax exemption, and permanently disabled customers eligible for transportation with city services for the disabled with the account in the disabled citizen's name. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
(b) Non-senior citizen residents and certified senior and disabled citizens with an active account who opted out of the recycling program prior to July 31, 2000 shall be charged a fee of fourteen dollars and thirty five cents ($14.35) per residential unit for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
(c) A person who fails to pay residential solid waste fees shall be subject to the termination of collective service. Additionally, the failure to pay fees shall be an offense subject to the enforcement provisions contained in section 26-123.
(Ord. No. 7328, § 3, 1-3-06; Ord. No. 7470, § 1, 9-19-06; Ord. No. 7848, § 1, 9-16-08; Ord. No. 9279-2011, § 1, 10-18-11; Ord. No. 9449-2012, § 1, 11-6-12; Ord. No. 9751-2014, § 1, 9-16-14; Ord. No. 10125-2016, § 1, 9-20-16; Ord. No. 10354-2017, § 1, 9-19-17)
Sec. 26-114. - Recycling.
Any person, firm or corporation collecting recyclables within the city shall not collect recyclable materials which have been mixed or commingled with garbage. Any residential or commercial customer using recycling containers shall also provide a container or containers at their residence or commercial facility for the collection of garbage. At no time shall recyclables mixed with garbage be allowed to be collected as recyclables. All recycling facilities shall meet the minimum criteria set forth in the Texas Health and Safety Code as well as the Texas Administrative Code.
(1) Recycling box shall mean any box or container which is used primarily for the deposit for the recycling of paper, aluminum, plastic or glass.
(2) Size, identification, contents. All recycling boxes must be closed at all times except when used for the deposit for the recycling of paper, aluminum, plastic or glass. The name, address and phone number of the sponsoring organization responsible for the recycling box shall be permanently and prominently posted on at least two (2) sides of the box. Additionally, the recycling box must have instructions as to what type of material or materials shall be placed in the recycling box; and such instructions shall be permanently and prominently posted on at least two (2) sides of the recycling box.
(3) Maintenance. All recycling boxes shall be maintained in a good state of repair, shall be clean and well-painted and shall not be allowed to become dilapidated or deteriorated. For the purposes of this section, the term "clean and well-painted" shall mean that if the recycling box is constructed of wood, no wood grain shall be visible; and if the recycling box is constructed of metal, no metal shall be visible.
(4) Placement. Recycling boxes may not be placed in the city right-of-way under any set of circumstances. Recycling boxes may not be placed in any area where they obstruct the vision of traffic or otherwise violate the vision clearance ordinance of the city. Reusable recycling containers must be removed from the curb prior to 7:00 a.m. of the morning following the day of scheduled collection.
(5) Permitted zones. Recycling boxes may only be placed in areas zoned office (O), neighborhood service (NS), general retail (GR), commercial one (C1), commercial office (CO), commercial (C), central area (CA), light industrial (LI) or heavy industrial (HI).
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-115. - Commercial fees.
(a) Charges-Disposable containers. Fair and reasonable charges for the collection and removal of garbage and trash from the premises of commercial, institutional and industrial customers, when the garbage and trash is in approved containers (disposable plastic bags), are hereby determined to be twenty-four dollars and nineteen cents ($24.19) for the first cubic yard or portion thereof and twelve dollars and twenty-eight cents ($12.28) for each additional cubic yard per month.
(b) Charges-Commercial-type containers. As an alternative to the collection methods and charges provided in subsection (a) above, commercial, institutional and industrial customers may dispose of garbage and trash by means of approved commercial-type, portable containers. Additionally, multifamily residential complexes may employ commercial-type containers for garbage and trash collection in the same manner as commercial, institutional and industrial customers. For the purposes of this section only, town homes organized as nonprofit homeowner associations and consisting of a minimum of four hundred (400) dwelling units may be considered multifamily residential complexes when such nonprofit status has been verified by the city attorney and the finance director upon submittal by the nonprofit homeowners association of a full financial disclosure statement showing detailed revenues and expenses to demonstrate the nonprofit status of the association. "Town homes" means two (2) or more adjoining single-family attached dwellings in which there is a separate, real property interest in each dwelling unit and the common areas are owned by the nonprofit homeowners association or by each dwelling unit owner through an undivided interest in common with all other dwelling unit owners.
(c) The fair and reasonable charges for commercial service are determined to be as following:
Two (2) cubic yards-Dumps per week:
1 $ 80.64
2 $ 124.33
3 $ 171.15
4 $ 196.52
5 $ 274.00
6 $ 356.10
Extra $ 23.18
Four (4) cubic yards:
1 $ 124.33
2 $ 184.30
3 $ 253.41
4 $ 324.11
5 $ 396.36
6 $ 517.60
Extra $ 32.57
Eight (8) cubic yards:
1 $ 184.30
2 $ 310.36
3 $ 381.23
4 $ 495.07
5 $ 625.68
6 $ 791.62
Extra $ 54.44
Front loader packers:
Four (4) cubic yards:
1 $ 161.72
2 $ 323.42
3 $ 483.62
4 $ 649.94
5 $ 810.14
6 $ 971.85
Extra $ 35.28
Six (6) cubic yards:
1 $ 241.79
2 $ 485.20
3 $ 730.04
4 $ 971.85
5 $ 1,215.25
6 $ 1,458.57
Extra $ 53.02
Eight (8) cubic yards:
1 $ 319.91
2 $ 642.96
3 $ 961.36
4 $ 1,283.42
5 $ 1,605.92
6 $ 1,924.34
Extra $ 74.38
Roll-offs:
Twenty (20) cubic yards, roll-off:
Per pickup $ 131.35
Lease charge, per month $ 139.66
Thirty (30) cubic yards, roll-off (open top):
Per pickup $ 131.35
Lease charge, per month $ 175.61
Thirty (30) cubic yards, roll-off (closed top):
Per pickup $ 131.35
Lease charge, per month $ 298.06
Thirty (30) cubic yards-Compactor:
Per pickup $ 131.35
Lease charge, per month Variable
Forty (40) cubic yards, roll-off (open top):
Per pickup $ 131.35
Lease charge, per month $ 215.43
Forty-two (42) cubic yards-Compactor:
Per pickup $ 131.35
Lease charge, per month Variable
Additional charges:
Container with casters, per month $ 4.61
Container inside fence/container-pickup $ 1.53
Additional Yardage Fee $ 14.62 per yard for overflowing dumpster
South of I-20 Charge - Front loaders $ 15.29 per month
South of I-20 Roll-off $ 16.21 per trip
Placement or Relocation Fee $ 67.29
Obstruction Charge - Front load- Equal to extra dump fee for customers’ container
Obstruction Charge - Roll Off $ 71.63
Containers that have been burned:
|
Yards |
Fee |
Yards |
Fee |
|
2 |
$ 67.04 |
30 |
$ 229.39 |
|
4 |
$ 88.74 |
40 |
$ 310.45 |
|
8 |
$ 113.17 |
|
|
|
20 |
$ 155.95 |
|
|
(d) Obstruction charge. The charge for an extra pickup will be assessed to all commercial accounts that have obstructions in front of containers on the day of pickup that result in return-trips, and also the same charge shall apply for containers being picked up for past-due billings.
(e) Placement charge-Commercial-type containers. There shall be a charge of sixty-seven dollars and twenty-nine cents ($67.29) for the original placement of a container and such charges shall apply if the container must be removed and replaced as result of nonpayment of the customer's bill.
(f) Deposit. There shall be a customer deposit for service in the amount of one (1) month's bill for service as determined by the agreement between customer and collector to provide service pursuant to this chapter.
(g) Landfill fees. Landfill fees for roll-off containers shall be thirty-seven dollars and thirty cents ($37.30) per ton, unless modified by a contract with the city.
(h) Refund policy. Household and commercial customers who have been charged by the City of Grand Prairie for the incorrect collection services rate may be credited for up to six (6) months of overcharges. The credit given will be the difference between the correct month rate and monthly rate actually charged and paid, multiplied by the number of months involved to a maximum of six (6) months. No credit will be given for overcharges that are more than twelve (12) months old.
(Ord. No. 7328, § 3, 1-3-06; Ord. No. 7470, § 1, 9-19-06; Ord. No. 7535, § 1, 12-12-06; Ord. No. 7848, § 2, 9-16-08; Ord. No. 7948, § 1, 5-19-09; Ord. No. 9105-2010, § 1, 9-21-10; Ord. No. 9279-2011, § 2, 10-18-11; Ord. No. 9449-2012, § 2, 11-6-12; Ord. No. 9751-2014, § 2, 9-16-14; Ord. No. 10125-2016, § 2, 9-20-16)
Sec. 26-116. - Commercial, institutional and industrial collection-location of containers; maintenance; capacity.
(a) Approved containers. It shall be the duty of the owner or person otherwise in control of the commercial, institutional or industrial premises within the city to cause all garbage and trash accumulated on said premises to be placed in approved containers. Commercial bag service customers shall place their bags at a location on the premises which is readily accessible to the collector and approved by the city or its agent. Commercial-type containers shall be placed at a location on the premises arranged by the customer and collector.
(b) Containers in enclosures. If containers are located within a gated enclosure, the customer shall ensure a device is installed to hold the gate open during collection. Screening fences shall be installed and maintained in accordance with the Unified Development Code.
(c) Damage to containers. The customer shall be liable for any damage to containers located on the customer's premises except for damage caused by the collector.
(d) Containers with casters. All containers with casters shall be moved to the appropriate location for service by the customer on the day of pickup.
(e) Enclosure requirements. Mechanical garbage and trash packers or compactors which are located on any property used for residential purposes (regardless of zoning) shall be completely enclosed in a fence at least six (6) feet in height, unless completely enclosed in a building. Such fence shall have a self-closing, self-latching gate.
(f) Compactor security. Any such compactor shall be equipped with a key-activated "on and off" switch. The compactor shall be maintained in the off position at all times, except when the person in charge of the key is operating the packing device.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-117. - Hauling by individual; permit.
(a) Permit required: This article shall not be construed to prohibit any person from disposing of such person's own garbage, trash or refuse from within the city or to prohibit any such person from utilizing the landfill facilities maintained by the city; provided, however, that before engaging in such activity, any such person shall make application to the city for a permit to do so; and, provided further, however, that such permit shall not be necessary in order for any regular customer of the city garbage department or its garbage disposal contractor to dispose of such person's own garbage in order to expedite or facilitate the maintenance and the cleanliness of; such person's own premises. Such permit, if issued, shall be effective from January 31 to January 31, and each permit issued after that date will be prorated for the balance of the year.
(b) Conditions of issuance: Such permit shall not be issued unless:
(1) Fee: The applicant thereof pays a fee commensurate with the amount that would be charged for one (1) month's garbage collection service for the amount of garbage or rubbish proposed to be hauled or disposed of by the applicant as based on the charges hereinafter set out. The determination of the amount of the garbage to be hauled by the applicant shall be stated on the application, and shall be subject to the approval and/or revision upon inspection by the local regulatory authority at any time during the time such permit shall be in force.
(2) Insurance: The applicant has in force and effect a policy of public liability insurance, with the city named as co-insured, in an amount of not less than twenty thousand dollars ($20,000.00) for injury to one (1) person, twenty thousand dollars ($20,000.00) for injuries in any one (1) accident, and property damage insurance in an amount of not less than five thousand dollars ($5,000.00) for injuries or damages to any person arising from the use by applicant of the aforesaid dump ground facilities. The applicant shall furnish a certificate evidencing such insurance coverage, which shall provide that it shall not be cancelled except on ten (10) days' notice in writing to the city.
(3) Hold harmless and indemnify: The applicant shall sign an agreement to save and hold the city harmless from any and all claims, demands, causes of action or suits which may arise out of his operation of hauling his own garbage, trash and debris and shall indemnify the city for any loss which it may suffer from its activities hereunder, and it shall be no defense to this indemnity to contend or plead that the fault is that of the city, its agents or employees.
(c) Independent school district exception: Any independent school district located within the city which wishes to haul its own garbage shall comply with all conditions and requirements of this section and the city's ordinance related to the use of its landfill except for subsection (b)(2) requiring the provision of insurance.
(d) Cancellation: Any permit issued under the terms hereof shall be cancelled by the solid waste manager upon violation by the holder thereof of any of the terms of this section or of any other section of this Code relating to the hauling of garbage and trash.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-118. - Sanitary landfill-Use by nonresidents; use for waste not generated in city.
(a) No person not a resident of the city shall be allowed use of the city's landfill except as follows:
(1) Any person who has a contract with the city.
(2) Any person who displays a written contract signed by a resident of the city for construction, demolition or cleaning on the property upon which the resident resides (not including apartments), the address of which is clearly shown on the contract. Nothing contained herein shall be construed as authorizing private garbage haulers on a regular basis, nor relieve any resident of paying the fee for residential collection contained in section 26-113 hereof, nor the fee for commercial dumping contained in section 26-115, nor as a substitute for the procedure for individual hauling contained in section 26-117.
(b) No person shall dispose of any solid or other waste not generated in the city in the city's sanitary landfill except by contract with the city.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-119. - Same-Rates for disposal.
(a) The following rates will be charged for disposal at the city landfill:
(1) Residential rates:
a. Residential loads (containing household generated wastes and delivered by household member) one (1) load free per month with current water bill and a picture identification.
b. Three dollars ($3.00) per load without current water bill or after the one (1) load free that month.
(2) Commercial rates: Commercial loads: contains any waste generated or hauled by a Grand Prairie business, or transported by vehicles larger than a one (1) ton truck.
a. Per ton ..... $32.00
b. Remediated soils per ton ..... 32.00
c. Per cubic yard ..... 8.00
d. Clean brush or wood, per ton ..... 18.00
(b) Additional fees:
(1) Auto tires (for recycling)-Per tire/no more than 4 tires per trip ..... $1.00
(2) Truck tires (for recycling)-Per tire/no more than 3 tires per trip ..... 3.00
(3) Tractor tires (for recycling)-Per tire/no more than 2 tires per trip ..... 10.00
(4) Livestock, per animal ..... 15.00
(5) Domestic animals, per animal ..... 5.00
Notes for rates:
(a) Current water bill means issued within thirty (30) days. Water bill must indicate that resident pays for (subscribes to) residential garbage service in order to gain free access. If City of Grand Prairie water service is not provided to residence, a current bill indicating payment for garbage collection service must be presented to gain free access.
(b) Loads from apartments or other residences that do not receive curbside or alley collection of residential wastes will not be eligible for any free loads at the landfill. Any and all residential loads from these residences will be subject to the residential fees. Tonnage charges are based on a minimum of thirty-two dollars ($32.00) per ton.
(c) Fees are charged on a per load basis, for example: a pickup (one (1) load) with wastes that is hauling a trailer (one (1) load) with wastes is subject to a fee for two (2) loads on each visit to the landfill.
(d) Contractors hauling waste from Grand Prairie residences must provide documentation stating where the waste was generated. All contractors will be assessed a bill based on thirty-two dollars ($32.00) per ton. At no time will a contractor's bill be assessed against the residence that the work is being accomplished. All contractors must have a billable address or they must use a deposit system established by the operations supervisor or solid waste manager.
(e) Rented moving trucks (such as U-Haul and Ryder) are considered residential vehicles when driven by resident.
(f) Any person bringing garbage from rental property shall be assessed a commercial charge.
(Ord. No. 7328, § 3, 1-3-06; Ord. No. 9354-2012, § 1, 4-3-12)
Sec. 26-120. - Right of entry: inspection and sampling.
The local regulatory authority or their designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article or order issued hereunder. Users shall allow inspecting personnel ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the regulatory authority will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected shall be promptly removed by the user at the written or verbal request of the regulatory authority and shall not be replaced. The costs of clearing such access shall be borne by the user.
(3) Unreasonable delays in allowing the inspecting or sampling personnel access to the user's premises shall be a violation of this article.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-121. - Search warrants.
If the local regulatory authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the local regulatory authority may seek issuance of a search warrant from the appropriate court.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-122. - Abatement of nuisance.
(a) In the event that an owner shall fail to comply with this article, the regulatory authority may notify such owner by letter addressed to such owner at such owner's residential or post office address, if personal service may not be had on the owner, or the owner's address is not known. The notification shall contain in brief terms the condition or conditions which exist on such owner's premises which fail to comply with this article. After issuance and receipt of the notification, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, to abate the unlawful condition of the premises in order that the premises may comply with the requirements of this article. A statement of the cost incurred by the city to abate such conditions shall be mailed to the owner of the premises and such statement shall be mailed to the owner of the premises and such statement shall be paid within thirty (30) days of the date of the mailing of the statement of costs.
(b) In the event that an owner shall have an imminent health hazard, the regulatory authority, or their designees, may enter upon such premises and may do such work necessary, or may cause the same to be done, to abate the condition in order that the premises may comply with the requirements of this article. For the purposes of this section, "imminent health hazard" shall be defined as any condition or conditions which are or reasonably could be an immediate threat to the health, safety or welfare of the citizens of the city. A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of the premises and such statement shall be paid within thirty (30) days of the date of the mailing of the statement of costs.
(Ord. No. 7328, § 3, 1-3-06)
Sec. 26-123. - Penalty for violations; other remedies.
(a) Any person, firm, or corporation who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.
(b) Any person, firm, or corporation who obstructs, impedes, or interferes with a representative of the city, with a representative of a city department, with surveillance equipment, or with a person who has been ordered to abate a situation pursuant to this article and who is lawfully engaged in such abatement is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.
(c) In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article.
(Ord. No. 7328, § 3, 1-3-06)
Secs. 26-124-26-134. - Reserved.
SECTION 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for damage that may accrue to person or property as a result of any act required or permitted in the discharge of said duties.
SECTION 5. That this ordinance shall be effective, after publication, on October 1, 2019.
FIRST READING OF THE ORDINANCE IS PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, September 3, 2019.