§ 9.04.020. Definitions  


Latest version.
  • As used in this chapter the following words, terms, and phrases shall have the following meanings, except where the context clearly indicates a different meaning:

    1. "Animal waste" means any solid waste, such as litter, feces, feathers and coat clippings, from the breeding, raising, containing, maintaining or grooming of animals at places of residence, stables, kennels, pet pens, chicken coops, or other places of a similar nature. Animal waste shall not include waste generated from health care-related facilities such as veterinary establishments. Animal waste shall not include dead animals.

    2. "Brush" means as defined in 30 TAC § 330.3.

    3. "Bulk waste" means municipal solid waste composed of materials not easily containerized in a cart such as, but not limited to, appliances, brush, carpet, furniture, pallets and other large items. Bulk waste shall exclude animal waste, dead animals, construction or demolition material, and excluded waste.

    4. "Cart" means any watertight plastic receptacle approved by the department for the purpose of containing municipal solid waste or program recyclable materials that is equipped with wheels and an attached tight-fitting lid designed or intended to be mechanically or manually dumped into a garbage collection truck.

    5. "Citizen collection station" means a site designated by the department for the drop-off of municipal solid waste and/or recyclable material, by residential property occupants.

    6. "Collection" means as defined in 30 TAC § 330.3.

    7. "Commercial property" means all improved property other than a residential property.

    8. "Composting" means as defined in 30 TAC § 330.3.

    9. "Construction or demolition material" means material resulting from construction or demolition projects; includes all materials that are directly or indirectly the by-products of construction or work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons, plastic buckets and drums, gypsum board, wood, rebar, aluminum or vinyl siding, excelsior, rubber, plastics, concrete, asphalt, corrugated cardboard, roofing tiles, asphalt shingles, tar paper, and floor tiles.

    10. "Construction or demolition material manifest" means a form offered for sale by the department to permitted haulers, self-transporters and generators for the purpose of tracking the transportation of construction or demolition material from its point of generation to the location of delivery for disposal or recycling of said material.

    11. "Container" means a dumpster or compactor.

    12. "Compactor" means a watertight receptacle, regardless of its size, which has a compaction mechanism, whether stationary or mobile, equipped with closeable doors intended to be loaded onto a motor vehicle.

    13. "Curbside" means the area located within three feet of and parallel to the edge of the city street or alleyway that provides primary access to the residential property, or designated by the department.

    14. "Department" means the department of environmental services.

    15. "Designated or authorized municipal solid waste facility" means any municipal solid waste facility designated by the city manager in the case of a designated municipal solid waste facility, or by the environmental protection agency in the case of an authorized municipal solid waste facility, for processing, storing, or disposing of municipal solid waste, including construction or demolition material, generated within the city.

    16. "Director" means the director of the department of environmental services or his designee or other designees of the city manager.

    17. "Discard" means as defined in 30 TAC § 330.3.

    18. "Disposal" or "dispose" means the deposit of any solid waste at a municipal solid waste facility.

    19. "Dumpster" means a watertight receptacle, with a capacity of approximately two cubic yards up to approximately eight cubic yards, equipped with tight-fitting lid and designed or intended to be mechanically dumped into a loader-packer type truck.

    20. "Duplex" means two dwelling units within an improved property sharing at least one common wall or included under the same roof structure which is arranged, designed or used as residential occupancy and does not include mobile home.

    21. "Established fee" means the fee that is authorized in this chapter which is set in the amount identified in the adopted budget resolution for the current fiscal year or by other duly adopted resolution of the city council.

    22. "Excluded waste" means solid waste not accepted by any designated or authorized municipal solid waste facility as posted at such designated or authorized municipal solid waste facility.

    23. "Fill material" means inert material, such as sand, soil, clay, rock, brick, and concrete that has been removed from a construction site or demolished from a structure within the city that is re-used as fill material at a new site of construction, pursuant to a waste and borrow grading permit, issued by the appropriate city department. Material where a person compensates a third party for the acceptance of the material shall not be considered fill material.

    24. "Garbage" means as defined in 30 TAC § 330.3.

    25. "Generator" means as defined in 30 TAC § 330.3.

    26. "Handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, newspaper with or without inserts or any other printed or otherwise reproduced original or copies of any matter of literature:

    a. Which advertises for sale any merchandise, product commodity, or thing;

    b. Which directs attention to any business or mercantile or commercial establishments or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;

    c. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or

    d. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

    27. "Hauler" means a person other than a self-transporter who provides collection of solid waste or recyclable materials within the city.

    28. "Hauler permit" means the authorization of a hauler by the department for the privilege to provide collection of solid waste and/or recyclable materials within the city and/or delivery of solid waste to a designated or authorized municipal solid waste facility during the term of such permit and subject to all the terms and conditions imposed by this ordinance and related laws and other ordinances and resolutions of the city.

    29. "Hazardous waste" means as defined in 30 TAC § 330.3.

    30. "Household hazardous waste" means as defined by 30 TAC § 330.402.

    31. "Illegal dumping" means the offense as defined by Texas Litter Abatement Act.

    32. "Industrial solid waste" means as defined in 30 TAC § 330.3.

    33. "Improved property" means all properties located within the city which there is erected a structure intended for continuous or periodic habitation, occupancy or use by persons that generate or are capable of generating solid waste.

    34. "Landfill" means as defined in 30 TAC § 330.3.

    35. "Litter" means as defined in Texas Litter Abatement Act; garbage, rubbish and refuse; decayable waste and non-decayable solid waste.

    36. "Medical waste" means as defined in 30 TAC § 330.3.

    37. "Mixed-use property" means an improved property containing both residential properties and commercial properties, where the municipal solid waste generated at such improved property cannot be readily separated by source of generation.

    38. "Mobile home" means living quarters equipped and designed for sleeping and eating and which may be moved from one place to another over a public roadway by being pulled behind a motor vehicle.

    39. "Mobile home property" means an improved property equipped or occupied by one mobile home.

    40. "Municipal solid waste" means as defined in 30 TAC § 330.3 excluding animal waste and excluded waste.

    41. "Municipal solid waste facility" means as defined in 30 TAC § 330.3.

    42. "Nuisance" means as defined in 30 TAC § 330.3.

    43. "Occupant" means any person occupying or having possession of an improved property or any portion thereof.

    44. "Owner" means any person who, alone or with others, has title or interest in an improved property with or without accompanying actual possession thereof, and including any person who as agent, or as executor, administrator, trustee or guardian of an estate, has charge, care or control of any improved property.

    45. "Parking lot" means any area at a commercial or mixed-use property intended to allow space for vehicle parking, regardless of size or location. The area may be graded, leveled, paved, and/or graveled, and may or may not be demarcated to identify individual parking spaces. This definition does not include metered parking operated by the city and does not include parking areas part of a city street or right-of-way.

    46. "Permitted hauler" means hauler holding a valid hauler permit.

    47. "Permitted vehicle" means a vehicle or trailer used by a permitted hauler within the city for the purpose of collecting solid waste and/or recyclable materials generated within the city.

    48. "Permitted hauler vehicle log" means a form provided by the department to record deliveries of solid waste regulated by this chapter by permitted haulers to a designated or authorized municipal solid waste facility.

    49. "Processing" or "processed" means as defined by 30 TAC § 330.3.

    50. "Program recyclable materials" means recyclable materials defined by the department as part of the residential recycling program.

    51. "Quadriplex" means four (4) dwelling units within an improved property under the same roof structure, which are arranged, designed or used as residential occupancy and does not include a mobile home.

    52. "Recyclable material" means as defined by 30 TAC § 330.3.

    53. "Recycling" means as defined by 30 TAC § 330.3.

    54. "Recycling facility" means a facility that either has the required authorization from Texas Commission on Environmental Quality, or equivalent state agency, for processing of recyclable materials and is in compliance with local, state, and federal laws.

    55. "Residential property" means all improved property which is used, or is capable to be used as a single-family dwelling, duplex, triples, quadriplex or mobile home property, and does not include improved property used primarily as a commercial property or mixed-use property.

    56. "Residential recycling program" means the collection of recyclable materials, as defined by the department, from residential properties.

    57. "Retail or service establishment" means a business operation located on an improved property that has as its primary purpose the selling of goods, merchandise and/or providing services to members of the public from a fixed location, such as a shop, store or building complex. Examples of retail or service establishments include, but are not limited to restaurants and bars, gas stations, convenience stores, and shopping centers.

    58. "Roll-off" means any watertight receptacle, with a capacity of approximately ten cubic yards up to approximately forty cubic yards, intended to be loaded onto a motor vehicle.

    59. "Rubbish" means as defined by 30 TAC § 330.3.

    60. "Scavenging" means as defined by 30 TAC § 330.3.

    61. "Self-transporter" means the following:

    a. Generator, who directly, without use of a hauler, transports solid waste generated by the generator to a municipal solid waste facility or recyclable materials generated by the generator to a recycling facility; utilizing the following methods of transport:

    1. A factory-unmodified Class 1, 2, or 3 truck, based on US DOT Federal Highway Administration Vehicle Inventory and Use Survey standards; or

    2. A vehicle as described in 1. above, with an attached single axle trailer.

    b. A person conducting services on behalf of a generator, including, but not limited to building contractors, home repairmen/handymen, landscapers, or roofers, at that generator's location of business or residence, may be considered a self-transporter of solid waste or recyclable materials generated as a result of such service, provided the vehicle limitations specified in Part 1 of this definition are met.

    62. "Shopping cart" means any mobile, wheeled receptacle provided by a retail or service establishment to its customers to use while customers are conducting business at said establishment.

    63. "Sidedoor" means a collection location for a municipal solid waste and/or program recyclable materials cart other than curbside. Sidedoor can be at the front, or side of a residential property for collection of municipal solid waste and program recyclable materials. The department shall designate the location for sidedoor collection of municipal solid waste and program recyclable materials.

    64. "Single-family dwelling" means a single dwelling unit within an improved property designed for residential occupancy which is arranged, designed or used as living quarters.

    65. "Solid waste" means as defined by 30 TAC § 330.3.

    66. "Special waste" means as defined by 30 TAC § 330.3.

    67. "Storage" means as defined by 30 TAC § 330.3.

    68. "Triplex" means three (3) dwelling units within an improved property under the same roof structure, which are arranged, designed or used as residential occupancy and does not include a mobile home.

    69. "Weeds and vegetation" means grass, weeds, or uncultivated plants that are on average greater than twelve inches in height.

(Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, §§ 1, 2, 12-21-2010; Ord. No. 17604, § 1, 7-19-2011)