(a) 
The accumulation of garbage, rubbish, junk, and other deleterious substances on the premises of residential units, commercial units, and industrial units, and in streets and alleys constitutes a public menace and nuisance and greatly increases the danger of the spread of infectious, contagious, and epidemic diseases. It is, therefore, imperative and urgent for the preservation of health, safety, sanitation, peace, and public welfare that regulations be adopted to provide for the responsible and adequate removal of waste and waste materials from public and private property and from streets and alleys.
(b) 
Every owner or occupier of a residential unit within the corporate limits of the city shall be required to utilize collection services for the removal of waste generated at that residential unit and shall contact the city to set up service prior to first occupying a residential unit. The city's duly selected contractor shall be the exclusive provider of such collection services for all residential units within the city limits. It shall be unlawful for any person, firm, corporation, or other business entity other than the city's contractor to provide such collection services to any person for compensation within the city or to make use of the public streets for that purpose except as provided in this article. Provision of city water service to residential units within the city is conditioned upon compliance with this section.
(c) 
Up to and including August 31, 2024, every owner or occupier of a commercial unit or industrial unit within the corporate limits of the city shall be required to arrange by individual agreement for the collection of waste at that unit through a person, firm, corporation, or other entity, approved by and permitted by the city pursuant to division 2 of this article. Beginning on September 1, 2024, the city's duly selected contractor shall be the sole provider of collection services for waste for all owners or occupiers of commercial units and industrial units other than industrial roll off customers, temporary roll off customers, and local taxing units including Lamar County, Paris Junior College, and independent school districts. Provision of city water service to Commercial and Industrial Units within the city and subject to this subsection (c) is conditioned upon compliance with this section.
(d) 
Unless as otherwise provided in this article, transporting waste from the location of a residential or commercial or industrial unit to another residential or commercial or industrial unit for disposal shall be prohibited.
(e) 
Nothing in this article is intended to prohibit the transportation of recyclable solid waste from a residential unit to a designated recycling drop-off point in the city.
(Ordinance 2024-011 adopted 3/11/2024)
For purposes of this article, the following terms shall have the meanings herein described:
Brush.
Any cuttings or trimmings from trees, shrubs, lawns, and similar materials not exceeding four feet (4') in length or four inches (4") in diameter. The term "brush" specifically excludes debris resulting from the services of a commercial service provider.
Bulky waste.
Large rubbish items including, but not limited to, white goods, bicycles, furniture, rugs, mattresses, televisions, fence material, auto parts, and other similar oversized items which are customary to ordinary housekeeping operations of a residential unit.
Collection.
The act of removing from a customer's property waste in any form for transport to a disposal facility.
Commercial service provider.
A person or business entity that provides for compensation tree limb cutting and removal, or complete tree and stump removal services.
Commercial unit.
A commercial business or establishment, including, but not limited to, a store, office, restaurant, warehouse and/or other nonmanufacturing facility, premises, location, or entity, public or private, within city's corporate limits.
Commercial waste.
All types of solid waste generated by commercial units, excluding residential waste and industrial waste.
Compost site.
The city's owned and operated compost site located at 705 Field Road, Paris, TX, 75460.
Construction and demolition debris.
Noncompatible waste building materials resulting from construction, remodeling, repair, or demolition operations at a residential unit, municipal facility, or large commercial unit, including but not limited to carpet, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber, and wood products. Construction debris does not include hazardous waste.
Contractor.
The city's duly selected and procured contractor for providing waste collection services.
Curbside.
(1) 
In the case of a street or highway with a defined asphalt or concrete curb establishing a vertical boundary separation between a roadway and an adjacent lot or tract, the area within three (3) feet of the curb that provides primary access to the unit as designated by city;
(2) 
In the case of a street or highway that is not constructed with a curb, the area within three (3) feet of the edge of the paved area of the street or highway that provides primary access to the unit as designated by city; and
(3) 
With respect to a unit where the placement of waste for collection at defined in Subsection (1) or (2), whichever is applicable, interferes with or endangers the movement of vehicles or pedestrians, such other place as close to the unit's adjacent roadway as approved by the city manager.
Customer convenience station.
A facility located at 2164 S Church Street, operated by Waste Connections Lone Star, to receive residential waste for transportation and disposal at the Waste Connections Lone Star Landfill.
Customer.
The owner or tenant of a unit located within city and identified by city as being eligible for and in need of waste collection services.
Detachable container (also referred to as "dumpster").
A watertight, all-metal container, equipped with a tightfitting metal or plastic cover and plugged to prevent drainage of leachate.
Disaster debris.
Waste materials, including building materials, sediments, vegetative debris, personal property, and other materials resulting from a disaster event that are generated by anyone affected by a disaster event.
Disaster event.
An event or occurrence, including, but not limited to, wildfires, storms, floods, fires, tornados, earthquakes, train derailments, airplane crashes, and similar events determined by the city manager to have caused widespread damage and destruction to personal property.
Disposal.
The disposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of the State of Texas.
Excluded waste.
Large dead animals, hazardous waste, offal waste, stable matter, vegetable waste, construction and demolition debris, special waste, and unacceptable waste.
Food waste.
Vegetable and other food scraps, including meat, dairy products, grease, and bones; paper that has been contaminated with food, fat, or grease; and compostable paper including paper towels, paper plates, tissue, and waxed paper.
Garbage.
Municipal solid waste (MSW) consisting of putrescible or 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, and all dead animals of less than ten pounds (10 lbs.) in weight, except those slaughtered for human consumption.
Hazardous waste.
Any solid waste identified or listed as hazardous waste by the administrator of the Environmental Protection Agency under the Federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. S6901, et, seq., as amended).
Industrial unit.
An industrial business or establishment, including manufacturing facilities, premises, locations, or entities, public or private, within the corporate limits of city.
Industrial waste.
Solid waste resulting from or incidental to any process of industry or manufacturing, mining, or agricultural operations.
Large dead animals.
Animals or portions thereof equal to or greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
Medical waste.
Waste generated by healthcare-related facilities and associated with healthcare activities, not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. The term includes special waste from health care-related facilities which is comprised of animal waste, bulk blood, and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC § 1.132 (relating to definitions).
Municipal solid waste (MSW).
Wastes consisting of everyday items such as product packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances, consumer electronics, and batteries. These wastes come from homes, institutions such as schools and hospitals, and commercial sources such as restaurants and small businesses. Municipal solid waste does not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies, combustion ash, or construction and demolition debris. The term does not include source-separated recyclable materials.
Offal waste.
Waste animal (land or marine) matter from establishments such as butcher shops, slaughterhouses, food processing, and packing plants, rendering plants, and fertilizer plants.
Poly cart.
A 95-gallon poly cart plastic container, provided by contractor or customer, clearly marked for MSW, equipped with wheels, handles, and a tightfitting cover, capable of being mechanically unloaded into contractor's collection vehicles. The terms "cart" and "wheeled container" shall be considered interchangeable.
Refuse.
The same as rubbish.
Residential unit.
A residential dwelling occupied by a person or group of persons comprising not more than four families. A residential unit, whether a single-family, duplex, or triplex residence shall be deemed occupied when either water or domestic light and power utilities are being supplied to the residential unit. Each condominium dwelling, whether of single or multi-level construction, consisting of four units, shall be treated as a separate residential unit.
Residential waste.
All refuse, garbage, rubbish, brush and Bulky, and other solid waste generated by a customer at a residential unit.
Rubbish.
Nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
Small business garbage generator.
A commercial business, which generates no more than one (1) cubic yard of solid waste per week.
Solid waste.
Garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include:
(1) 
Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Texas Water Code, chapter 26;
(2) 
Solid, dirt, rock, sand, and other natural or manmade inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvement;
(3) 
Waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Natural Resources Code, § 91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or re-pressurizing plants and is hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC, SS6901 et seq.); or
(4) 
Unacceptable waste.
Special waste.
Waste that requires special handling and management due to the nature of the waste, including, but not limited to, the following:
(1) 
Containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.);
(2) 
Waste transported in a bulk tanker;
(3) 
Liquid waste;
(4) 
Sludge waste;
(5) 
Waste from an industrial process;
(6) 
Waste from a pollution control process;
(7) 
Residue and debris from the cleanup of a spill or release of a chemical; or
(8) 
Any other waste defined by Texas law, rule or regulation as "special waste."
Stable matter.
All manure and other waste matter normally accumulated in or about a stable, or any animal livestock, or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock.
Structure.
All single-family homes, multifamily dwellings, small businesses, and city facilities.
Unacceptable waste.
Any waste, the acceptance, and handling of which by contractor would cause a violation of any permit, or any legal or regulatory requirement, substantial damage to contractor's equipment or facilities, or present a danger to the health or safety of the public or contractor's employees, including, but not limited to, hazardous waste, special waste (except as otherwise provided herein), untreated medical waste, dead animals weighing ten pounds (10 lbs.) or greater, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, soil, dirt, rock, sand, and other natural or manmade inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements.
Unit.
Collectively, residential units, commercial units, and industrial units.
Unusual accumulation.
Any residential unit waste placed curbside for collection which does not meet the specifications defined by this article for regular garbage, bulky waste, and brush waste.
Vegetable waste.
Putrescible solid waste resulting from the processing of plants for food by a commercial establishment such as canneries. This definition does not include waste products resulting from the preparation and consumption of food in food service establishments.
Waste or waste materials.
All residential waste and commercial waste to be collected by contractor. The term "waste" specifically excludes unacceptable waste and industrial waste.
White goods.
Refrigerators, stoves and ranges, water heaters, clothes washers and dryers, freezers, swing sets, bicycles (without tires), scrap metal, copper, and other similar domestic and commercial large appliances.
Yard waste.
Accumulations of lawn, grass, or shrubbery cuttings or clippings, dry leaf rakings, small tree branches (not to exceed 4 feet in length or 4" in diameter), bushes or shrubs, green leaf cuttings, fruits, or other matter usually created by refuse in the care of lawns and yards, except large branches, trees, bulky or noncombustible materials not susceptible to normal loading and collection in "load packer" type sanitation equipment used for regular collections from domestic households. Notwithstanding the foregoing, all trees, shrubs, and brush trimmings must be cut, placed in bundles and stacked at the curbside.
(Ordinance 2024-011 adopted 3/11/2024)
The violation of any of the provisions of this article constitutes a misdemeanor affecting the public health and safety and shall be punished by a fine in accordance with section 1.01.009 of this code. Offenses committed under this article are strict liability offenses.
(Ordinance 2024-011 adopted 3/11/2024)
(a) 
The contractor shall provide poly carts to residential unit customers and small business garbage generators, and shall provide detachable containers to commercial unit and industrial unit customers covered by § 12.04.001(c) of this article. Unless permission is given by the contractor, poly carts and detachable containers shall remain at the address where delivered by the contractor.
(b) 
Poly carts:
(1) 
Poly carts containing residential waste shall be placed at curbside for collection no earlier than dusk the day before or later than 7:00 a.m. of the day on which collection is scheduled. Poly carts shall be removed from curbside following collection by 11:00 p.m. the day of collection.
(2) 
All materials, with exception to those covered in section 12.04.005, to be collected shall be placed within the poly cart, with the total weight per poly cart not to exceed one hundred and seventy (170) pounds. Additional poly carts, as needed, shall be obtained from the contractor.
(c) 
Detachable containers:
(1) 
Detachable containers shall be placed at a location pursuant to applicable city zoning code and as is convenient for collection by the contractor.
(2) 
Access to the detachable container shall not be blocked.
(3) 
Detachable containers shall not be overloaded to the point where the lid or covers will not close, or the tarp will not properly cover the load.
(d) 
Damaged, lost, or stolen poly carts and detachable containers shall be communicated to the contractor, and otherwise shall be governed by the contractor's terms of service.
(e) 
Poly carts and detachable containers shall not be used for excluded waste, disaster debris, or unacceptable waste.
(Ordinance 2024-011 adopted 3/11/2024)
(a) 
Collection of bulky waste, yard waste, white goods, brush, and unusual accumulation from residential units shall be governed by the contractor's terms of service.
(b) 
Yard waste, brush and bulky waste shall not exceed three (3) cubic yards, in combined total, per collection.
(c) 
White goods containing refrigerants must be tagged certifying that all refrigerants have been removed by a certified refrigerant technician prior to their placement for collection.
(d) 
Residents may personally deliver up to two (2) loads of residential brush, yard waste, and/or tree debris, containing no more than three hundred fifty (350) cubic feet per load, to the compost site for no additional fee. A maximum of two (2) loads may be taken to the compost site per month. Citizens must prove their residency by showing a valid state driver's license or other similar acceptable photo identification and a current city water bill or receipt at the time of drop-off.
(e) 
All residential brush transported over city streets by the resident shall be properly covered during transport so as to prevent the brush from escaping from the vehicle or trailer. Failure to comply with this requirement shall constitute a misdemeanor and subject the violator to a fine as provided in section 1.01.009 of this code.
(Ordinance 2024-011 adopted 3/11/2024)
Residential units may deliver up to four (4) cubic yards of residential waste material to the customer convenience station per month free of charge. Every person delivering residential waste shall be required to verify their residence by State driver's license along with a current city water bill proving that the resident has an established account with the city. The customer convenience station shall not be used for excluded waste, disaster debris, or unacceptable waste.
(Ordinance 2024-011 adopted 3/11/2024)
(a) 
Monthly rate—Residential units.
The fair and reasonable rate for the collection and removal of residential waste for each residential unit (not including rates for collection of unusual accumulations and disaster management rates) shall be set forth in the fee schedule in appendix A of this code.
(b) 
Billing—Residential units.
The city will provide billing services related to residential waste collection services. Any person who shall fail or refuse to pay residential waste service fees before the expiration of ten (10) days after the date same shall become due and payable shall have his or her water service discontinued, and the city health official may be notified immediately for appropriate action in accordance with the ordinances and laws regulating health and sanitation. Resumption of service after satisfaction of an overdue bill shall be in accordance with the city's rules and regulations.
(c) 
Customers outside city limits.
The schedule of rates and charges for residential customers of the city that are located outside the corporate limits of the city shall be as set forth in the fee schedule in appendix A of this code.
(d) 
Appeals and adjustments.
The director of finance of the city shall be the city's designee for hearing any appeals related to the delinquent sanitation accounts and as such will hear and determine matters of adjustment, hardship, illness or disability which would justify a payment schedule other than that fixed by this article.
(e) 
Monthly rate and billing—Commercial and industrial units.
The contractor shall be responsible for billing services related to commercial and industrial units subject to this § 12.04.001(c) of this article.
(Ordinance 2024-011 adopted 3/11/2024)
(a) 
This division 2 applies to providers of industrial roll off service providers, temporary roll off service providers, and commercial solid waste haulers serving local taxing entities, including Lamar County, Paris Junior College, and all independent school districts in the city.
(b) 
No person, firm, corporation, or other entity, excluding the city, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the corporate limits of the city for the purpose of engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city without first having obtained a solid waste collection permit from the city.
(c) 
If any person engages in the business of collecting or transporting solid waste without a permit as required by this section, such act shall constitute a misdemeanor and subject such person to a fine as provided in section 1.01.009 of this code. Each and every act shall constitute a separate offense.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-33; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
(a) 
To obtain a solid waste collection permit, a person must submit an application on a form provided by the city manager or the city manager's designee. The applicant must be the person who will own, control, or operate the proposed solid waste collection service.
(b) 
The permit application shall include the following information:
(1) 
The applicant's name, address, and verified signature;
(2) 
The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business;
(3) 
A description of all vehicles to be used by the applicant, including the vehicle type, capacity, vehicle identification number, and license number;
(4) 
A certificate of insurance or other evidence establishing that the applicant has motor vehicle liability insurance or other proof of financial responsibility as required by law;
(5) 
A certificate of insurance or other evidence establishing that the applicant has acquired, and shall during the terms of any permit issued hereunder, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily injury to or death and $1,000,000.00 for any single occurrence for injury to or destruction of property (or greater coverage if required by state law), indemnifying all persons for any and all damages, personal injuries or property damages sustained as the result of the negligence of permittee, his invitees, agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with the city as an additional insured, subject to approval by the city attorney, and the applicant or his insurance carrier or carriers shall deliver a copy of any such policies to the city clerk, 150 1st Street S.E., Paris, Texas 75460, or furnish to the city clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during any permit period and any extension thereof and specifically noting thereon that the city is an additional insured. All such policies shall be written so that the city will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, "attention city clerk."
(6) 
A statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited.
(7) 
A statement and accompanying documentation in support of the public necessity and convenience for the issuance of the permit.
(c) 
Each application for a permit shall be accompanied by a nonrefundable application fee as set forth in the fee schedule in appendix A of this code.
(d) 
Upon receipt of an application and finding of public necessity and convenience for the issuance of the permit, the city manager or his designee shall issue the permit following the current application process, assuring the same insurance requirements be met. Fees are to be collected by the finance department and staff will be allowed to revoke a permit for noncompliance.
(e) 
Each solid waste collection permit shall expire September 30 of each year, and may be renewed by making application as provided in this section.
(f) 
The permit required by this section shall not be transferable.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; Ordinance 2001-006, sec. 2, adopted 2/12/01; 1988 Code, sec. 16-34; Ordinance adopting 2021 Code; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
The books and records of the permit holder shall be open at reasonable times for inspection by the city manager, or designee, in accordance with the terms of this article.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-35; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
The permit holder shall identify all vehicles and solid waste containers with its name in letters at least four (4) inches tall.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-36; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
Vehicles used by permittees under this division shall be of the standard packer and/or dumpster type designed for garbage and refuse collection and transportation service, or shall be a vehicle which has a solid bottom and solid sides, and is equipped with a top of wood, metal, or canvas, so that the same may be easily opened and closed when picking up garbage or refuse and will contain garbage or refuse within said vehicle. It shall be a violation of the permit to operate a vehicle in a manner that allows solid waste to leak or otherwise escape from the vehicle. A packer-type vehicle shall not be moved on the streets of the city unless the contents thereof are compacted.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-37; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
The city manager or designee may revoke a solid waste collection permit for failure of the holder to provide required information, for failure to maintain adequate insurance, for failure to pay fees, for making false statements on the application or monthly report, or failure to comply with this article. The revocation may be appealed to the city council if written notice of a request for hearing is given to the city manager within ten (10) days of the receipt of the revocation order. The order of the city council approving or disapproving the order of the city manager shall be final.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-38; Ordinance 2024-011 adopted 3/11/2024; Ordinance 2024-035 adopted 10/14/2024)
(a) 
Each holder of a permit issued under section 12.04.042 shall pay the city a street use fee for the privilege of operating on the city streets, alleys, and thoroughfares as set forth in the fee schedule in appendix A of this code. The permit holder shall keep records of all gross receipts for all revenues and income collected from any source derived from the permit holder's operation of solid waste collection within the city limits.
(b) 
Street use fees are due and shall be paid monthly no later than the 15th day of the month following the month of collection. Anyone who fails to pay the fee imposed by this section within the time required shall pay a penalty as set forth in the fee schedule in appendix A of this code, which penalty shall be in addition to the usual fee imposed by this section.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; Ordinance 2001-005, sec. 2, adopted 2/12/01; Ordinance 2001-036, sec. 2, adopted 5/14/01; 1988 Code, sec. 16-39; Ordinance adopting 2021 Code; Ordinance 2024-035 adopted 10/14/2024)
Editor's note–Former section 12.04.048 pertaining to the expiration of this division and deriving from Ordinance 2024-011 adopted 3/11/2024, was repealed by Ordinance 2024-035 adopted 10/14/2024.