Ord 07-2019 Amending Chapter 90, Article 1 Solid Waste for Mobile Homes 4/2/2019
Ordinance No. 07-2019
Ordinance amending Chapter 90 of the Code of Ordinances by
amending Article I; changing the billing for occupied
mobile/manufactured home lots with a single meter for solid waste
services
WHEREAS, city staff has reviewed this proposal and recommends approval of
these amendments to the Code of Ordinances; and,
WHEREAS, city staff believes this will improve City services to mobile home parks;
and,
s recommendation to amend
the Code of Ordinances at Chapter 90, amending Article I, to charge mobile/manufactured
homes for solid waste services of only occupied spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Chapter 90 of the Wichita Falls Code of Ordinances is hereby amended by the
addition of language in Article I, at Section 90-1 and Section 90-2, which shall hereafter
read as follows:
ARTICLE I. - IN GENERAL
Sec. 90-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Garbage means 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.
Municipal solid waste means solid waste resulting from or incidental to municipal,
community, commercial, institutional, and recreational activities, including garbage,
rubbish, ashes, and all other solid waste other than industrial solid waste as defined in
state law.
Occupied means reasonably ready for immediate move-in or a structure on the
property.
Rubbish means nonputrescible solid waste, including paper, rags, cartons, wood,
excelsior, furniture, rubber, plastics, yard trimmings, leaves, glass, crockery, tin cans,
aluminum or similar materials collected from any premises within the city limits.
Type I landfill means the standard landfill for disposal of municipal solid waste.
Yard waste means leaves, grass clippings and yard debris, brush, including clean
woody vegetative material that results from landscaping maintenance and land clearing
operations. This does not include stumps, roots, or shrubs with intact root balls.
Sec. 90-2. - City service mandatory for residences.
(a) All city residents are required to place all municipal solid waste in receptacles
required by article II of this chapter, and the municipal solid waste shall be collected by
the City Sanitation Division. The sanitation superintendent may waive the requirements
of this subsection when the economic and physical conditions justify such waiver.
(b) The owner, occupant, tenant, manager or lessee of every home, single-family
housing unit, multiple-family housing unit, mobile/manufactured home, apartment
complex, condominium, or mobile/manufactured home park shall be billed at the rates set
out in division 4 of article II of this chapter for municipal solid waste collection service as
long as such premises are occupied or city water service is provided to such owner,
occupant, tenant, manager or lessee by a separate city-owned water meter. The billing
to the owner or manager of each multiple-family housing unit, or apartment complex, shall
include all occupied or unoccupied apartment units not having a separate city-owned
water meter. Homes and units that have not yet received a certificate of occupancy or
have never been occupied are exempt from the obligation of this subsection to obtain and
pay for city-provided municipal solid waste collection service.
(c) A mobile/manufactured home park shall be billed based on occupied
spaces not having separate city-owned water meter. The mobile/manufacture home park
owner shall be required to report the number of occupied spaces to the solid waste
supervisor on a quarterly basis. A mobile/manufactured home park may be considered a
commercial customer and be served with dumpster service only at the discretion of the
Director of Public Works or his designee.
(d) RV parks shall be considered commercial customers and be served with
dumpster service only.
(e) Any person violating any provisions of this section shall, upon conviction, be
subject to penalty as set out by 1-14.
Secs. 90-390-31. - Reserved.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the City of
Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered
to accomplish such intention.
Should any word, phrase, paragraph, section or portion of this ordinance or the
Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance or the Code of
Ordinances, as amended hereby, which shall remain in full force and effect.
nd
PASSED AND APPROVED this the 2 day of April, 2019.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk