(a) 
Every person occupying a residence shall provide sufficient garbage bags and/or recycling bags to hold the peak output of refuse from those premises.
(b) 
Every owner, agent, lessee, occupant, or person in charge of any public, commercial, business, and industrial establishment in the city shall provide garbage bags or commercial container(s) of sufficient number and size to hold the garbage or industrial waste that will normally accumulate on the premises.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Garbage bags and recycling bags.
(1) 
Garbage bags and recycling bags shall be a minimum of thirteen (13) gallons and no more than thirty (30) gallons in capacity.
(2) 
Garbage bags and recycling bags contents shall not exceed the lesser of 50 pounds or the weight limit of that specific bag.
(b) 
Compactors.
All compactors will meet the city specifications.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Garbage bags and recycling bags shall at all times while outside be kept secure and closed except while the garbage bag or recycling bag is being filled.
(b) 
The doors or covers of all receptacles shall at all times be kept secure and fastened, and such doors or covers shall not be opened except while the containers are being filled or emptied.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
No owner, occupant, or person in control of the property shall cause or permit the placement of a commercial container, or other refuse storage facility in any of the following:
(1) 
In the open space between a building face and adjoining public right-of-way extending across the entire width of a lot or tract [the area commonly called the front yard or side yard];
(2) 
On curbs or in the public right-of-way;
(3) 
In a fire lane;
(4) 
In a required parking space;
(5) 
In any location that blocks vehicular or pedestrian traffic;
(6) 
To obstruct drivers' sight lines at the intersection of streets and driveways; or
(7) 
To interfere with utilities.
(b) 
The owner, occupant, or person in control of the property who causes or permits the placement of a commercial container or other refuse storage facility, other than a publicly accessible commercial container solely for the collection of recyclable paper, shall screen the commercial container as follows:
(1) 
Enclosure.
a. 
If the commercial container is located in front of a building line, in a location visible from the view of a public street or an adjoining single-family or public property, then on three (3) sides with a wall constructed of masonry, brick, stone, 24-gauge prefinished architectural metal panel, cementitious fiberboard, or similar material and approved accent materials stated in section 52-35(c); or
b. 
If the commercial container is located behind the building line or building, in a location visible from view of a public Street or an adjoining single-family or public property, then on three (3) sides with a wall constructed of:
1. 
Masonry, brick, stone, 24-gauge prefinished architectural metal panel, cementitious fiberboard, or similar material and approved accent materials stated in section 52-35(c); or
2. 
Stained cedar board-on-board fencing with six-inch-wide boards, three (3) runners, and a stained cedar cap rail. The fence shall be re-stained on a regular basis to maintain the original stained cedar color and the integrity of the cedar board; or
c. 
If the commercial container is on property that is zoned for retail uses and placed as far from the public street as practical and there is no physical location behind the building for the commercial container, then screening must be constructed in accordance with the requirements provided in subsection (b)(1)b; or
d. 
If the commercial container is on property that is zoned for industrial uses and placed as far from the public street as practical, then screening is not required; however, any screening must be constructed in accordance with the requirements provided in subsection (b)(1)b; or
e. 
If the commercial container is behind a building and in a location not visible from the view of a public street or an adjoining single-family or public property, then screening is not required; however, any screening that is constructed must be in accordance with the requirements provided in subsection (b)(1)b.
(2) 
Gate.
a. 
If screening is required by subsection (b)(1)a., then on the fourth side with a double swing, blind gates constructed of wood or metal with stop pins or rods and corresponding holes drilled into the approach and pad to keep the gates open during the emptying process and securely closed at all other times; or
b. 
If screening is required by subsection (b)(1)b. and the fourth side is visible from the view of a public street, then on the fourth side with a double swing, blind gates constructed of wood or metal with stop pins or rods, and corresponding holes drilled into the approach and pad to keep the gates open during the emptying process and securely closed at all other times.
(3) 
Height.
Any screening wall and/or gate constructed in accordance with this subsection shall be at least one (1) foot higher than the commercial container it surrounds, but in no instance shall the screening wall and/or gate be shorter than four (4) feet or higher than nine (9) feet.
(c) 
The owner, occupant, or person in control of the property who causes or permits the placement of publicly accessible commercial containers solely for the collection of recyclable paper shall be limited to no more than two (2) bins per lot or parcel, placed as far from the public street as practical. If such property abuts a single-family residential property, the owner, occupant, or person in control of the property shall provide a screen as described in subsection (b)(1) on the side adjacent to the residential property.
(d) 
The owner, occupant, or person in control of the property shall provide and maintain a pad and approach for each commercial container that consists of five (5) inch, two thousand five hundred (2,500) P.S.I. concrete with #3 rebar on twenty-four-inch centers or six (6) inches by six (6) inch wire mesh reinforcement, or asphalt of comparable strength, or other approved paved surface.
(e) 
It is an affirmative defense to this section that:
(1) 
The commercial container is located behind a building and is not visible from a public street or adjoining single-family or public property;
(2) 
The commercial container is for the temporary purpose of disposing of waste generated during the time of an active building permit for the demolition or construction of improvements on the property upon which the commercial container is located;
(3) 
The commercial container was placed by or upon written authority of the Director of solid waste services on a temporary basis; or
(4) 
The commercial container is a part of a City of Irving attended full service drop off recycling center.
(f) 
Modification procedures.
(1) 
A modification to the provisions of this section may be granted in the following areas:
a. 
Setback regulations; and
b. 
Location requirements.
(2) 
A modification shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss. In order to grant a modification to the provisions of this section it must be determined that:
a. 
The requested modification does not violate the intent of this section;
b. 
The requested modification will not adversely affect surrounding properties;
c. 
The requested modification will not adversely affect public safety; and
d. 
Special conditions exist which are unique to this property which make compliance with the regulation extremely difficult.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Garbage bags and recycling bags shall be placed at the location designated by the city as the most accessible for collecting and removing the same. Tree limbs, trunks, and hedge cuttings shall not exceed four (4) feet in length and two (2) feet in diameter.
(b) 
The city refuse collection in residential areas shall be conducted from streets only except as hereafter provided.
(c) 
If an organization representing a subdivision having private alleys desires that the alleys be used for refuse collection and requests the city to provide such alley service, the city may, at its sole discretion, agree to this request under the following conditions, and reserves at all times the right to require that refuse be placed for collection from the street:
(1) 
The representing organization shall be a legal organization of all property owners in the subdivision and shall be empowered and capable of maintaining the alleys as provided herein.
(2) 
Publicly owned alleys shall not receive refuse collection.
(3) 
Plats for the subdivision represented by the organization shall explicitly allow alley access to refuse collection, provided the city and its contractors shall not be responsible for damage to pavement resulting from refuse collection service, and shall assume responsibility for all repair and maintenance of the pavement and related structures. In the absence of plat notes as described above, the same provisions shall be incorporated in a separate agreement provided by the representing organization.
(4) 
Request for service shall be in writing and shall include:
a. 
A copy of the resolution of the organization authorizing the request.
b. 
A plat showing all properties and alleys in the subdivision and the designation of which alleys are to be served.
c. 
Evidence of representation, of empowerment, and of capability as described in subsection 33-9(d)(1) above.
d. 
Agreements as described in subsection 33-9(d)(3) above.
e. 
As-built construction plans of all alleys to be served demonstrating compliance with design criteria herein required.
(5) 
Alley width of the pavement shall be no less than sixteen (16) feet.
(6) 
Alley pavement shall be reinforced concrete no less than six (6) inches thick with strength, reinforcement spacing, and subgrade conforming to city standards for public alleys.
(7) 
Minimum inside radius of all curves shall be no less than twenty-seven (27) feet.
(8) 
Maximum pavement slope shall be nine (9) percent. Maximum cross slope shall be one-half (½) inch per foot.
(9) 
Overhead clearance shall conform to the city electrical code ordinance.
(10) 
Sharp drop-offs from the edge of pavement shall have a slope no greater than one (1) vertical to four (4) horizontal, or the pavement shall have a curb and there shall be a guardrail at that location.
(11) 
Length of vertical curves shall be such as to allow the driver of the refuse truck to see a six-inch high object on the pavement no less than one hundred (100) feet in front of the vehicle.
(12) 
Dead end alleys shall not be served.
(13) 
Alleys shall at all times be maintained as follows by the requesting representative organization:
a. 
Alleys shall be kept free of debris, accumulations of algae and zoogleal growth, overhanging limbs, fallen trees, fences or structures, and blockages by traffic, utility work, construction or any other cause which interferes with or prevents refuse collection as scheduled.
b. 
Alleys with ice shall be promptly and sufficiently sanded to render them safely passable for refuse collection as scheduled.
c. 
Proper drainage shall be maintained.
d. 
Pavement failure shall be promptly repaired.
e. 
Failure to provide maintenance as described above may cause temporary interruption of scheduled service and/or cancellation of refuse collection in alleys.
(14) 
Brush shall not be collected in alleys but at curbside.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
It shall be the duty of each person to keep and maintain any receptacle required by this article in such a manner that it shall not become or constitute a public nuisance to or in the neighborhood of such premises.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)