Eastland Police Chief David Hullum says his department has received a number of complaints concerning drivers passing a stopped school bus along Main Street. For the safety of children loading and unloading the police department will be stopping drivers observed to have committed this safety violation.
“Texas's law states: If you approach a school bus from either direction and the bus is displaying alternately flashing red lights, you must stop,” Hullum stated. “Do not pass the school bus until the school bus has resumed motion, or you are signaled by the driver to proceed, or the red lights are no longer flashing,” he added.
Hullum reminds drivers fines for the first offense is $500 plus court costs, 2nd violation fine can be up to $2,000 plus court costs and subsequent violations could result in suspension of license.
For questions on these or other City matters please stop by Eastland City Hall, 113 E Commerce St. Monday through Friday 8 a.m. until 5 p.m. excluding holidays. Or you may call during business hours at 254-629-8321.
ORDINANCE NO. 19-858
AN ORDINANCE OF THE CITY OF EASTLAND, TEXAS ADDING CHAPTER 13, SOLID WASTE TO THE CODE OF ORDINANCES OF THE CITY OF EASTLAND; REQUIRING CITY RESIDENTS TO HAVE SOLID WASTE SERVICES; ESTABLISHING RULES REGARDING DISPOSAL OF SOLID WASTE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REQUIRING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Eastland (the “City”) is a home-rule municipality with full power of self-government and may offer solid waste disposal services to its residents and require that its residents use that service;
WHEREAS, the City has granted Waste Connections Lone Star, Inc. (formerly known as IESI TX Corporation and Progressive Waste Solutions of TX, Inc.) an exclusive franchise to provide solid waste collection services to the City’s residents, but has never formally required that the City’s residents use said solid waste collection services;
WHEREAS, issues have arisen regarding unauthorized use of waste receptables within the City and an ordinance is required to address those issues; and
WHEREAS, the Board of Commissioners of Eastland finds that it is necessary to require citizens to use the City’s contractor’s solid waste services and that it is in the best interest of the health, safety, and welfare of those citizens to regulate solid waste disposal within the City;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF EASTLAND, TEXAS:
I. Enactment. That this ordinance is hereby adopted as the Solid Waste Ordinance of the City of Eastland, to be codified as Chapter 13 of the Code of Ordinances of the City of Eastland.
CHAPTER 13 – SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 13-1. Prohibited dumping.
(a) No person shall dump or otherwise dispose of trash, garbage, junk, brush trimmings, or other rubbish of any kind at any location in the City except the City Convenience Center or at places and in such containers as may be authorized by the City for regular garbage pickup.
(b) No person, except the owner or lessee of the container or the tenants of the lessee, shall dump or dispose of trash, garbage, junk, brush trimmings, or other rubbish in containers owned or leased by the City, the City’s contractor, or others.
(c) No person shall dump, dispose of or place any garbage, trash, rubbish, junk, brush trimmings, or other refuse on real property not then owned, leased or rented by that person.
Sec. 13-2. Placing garbage, trash, etc., in streets prohibited.
The placing of kitchen garbage, trash, rubbish, brush trimmings, or junk in any street or alley within the City is prohibited.
Sec. 13-3. Prohibited accumulations.
It shall be unlawful for a person to accumulate or permit the accumulation of trash, garbage, junk, or other rubbish, in a manner or to an extent that, in the determination of the Code Enforcement Official, endangers or threatens the health or safety of the City.
Sec. 13-4. Burning.
It shall be unlawful for any person to burn garbage, offal or rubbish within the City.
Sec. 13-5. Meddling with garbage and trash.
The meddling with garbage, refuse, trash or rubbish receptacles or the pilfering or scattering of the contents thereof in any alley or street within the City is prohibited.
Sec. 13-6. Penalty.
The violation of any duty, the commission of any prohibited act, the failure to perform any required act, or the commission of any act defined to be unlawful or an offense under this Chapter shall constitute a misdemeanor. Any person who commits such a misdemeanor or causes same to be committed shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00), not more than two thousand dollars ($2,000.00) if the violation is found to be related to public health and safety, or not more than five thousand dollars ($5,000.00) if the violation is found to be related to the dumping of refuse. Each day any violation of this Chapter continues shall constitute a separate offense.
Secs. 13-7–13-14. Reserved.
ARTICLE II. DISPOSAL SERVICE
Sec. 13-15. Solid waste account required.
It shall be unlawful for any resident of the City or person dwelling in a residence within the City, or proprietor or manager of commercial establishments within the City, to refuse to avail themselves of the solid waste collection services provided by the City or its contractor and to refuse to pay the charges established by the City Commission for said service.
Sec. 13-16. Use of receptacles/dumpsters.
(a) Residential customers shall use City-authorized receptacles for curb-serviced residences. Residential customers may only use the receptacle assigned to their residence. Commercial customers shall use City-authorized receptacles assigned to their service address.
(b) When disposing of solid waste in a receptacle, a person shall place all solid waste in the receptacle. A person shall not place or stack solid waste or any other items around or above the receptacle so as to overfill the container.
(c) The City shall not be liable for loss or damage to property placed in or near any solid waste receptacle.
(d) Only an owner, occupant or lessee which has been assigned a receptacle and pays for collection of solid waste from a particular receptacle may place solid waste in that receptacle. No other person may place solid waste in a receptacle unless they have permission from the owner, occupant, or lessee to use that receptacle.
(e) No person shall place any construction and/or demolition debris in a residential receptacle.
(f) No person shall block, place, or stack any construction and/or demolition debris, bulky waste, yard waste, or solid waste around an industrial or commercial container.
Sec. 13-17. Collection.
(a) Commercial customers shall have one collection per week, unless the commercial customer has arranged for additional pickups. Commercial customers shall select the size of receptable to service their needs.
(b) One collection per week shall be made for residential customers on days established by the City or its contractor.
(c) Residents may request a bulk trash pickup on the 1st and 3rd Friday of each month, by appointment only. Residents must call City Hall and arrange for bulk pickup at least 24 hours in advance. Bulk trash must be placed at the curb no more than 48 hours prior to the scheduled pick-up. A complete list of bulk trash authorized for pick up is available at City Hall. No appliances with Freon, tires, petroleum or paint products, construction materials or concrete will be accepted. Oil and fuel must be drained from any power equipment. Brush and tree trimmings must be cut in four (4) foot lengths and tied in bundles of no more than 50 lbs. Limit of eight (8) bundles per pick up.
(d) Residents may request a leaf pickup on the 2nd and 4th Friday of each month, by appointment only. Residents must call City Hall and arrange for leaf pickup at least 24 hours in advance. Leaves must be bagged and tied and placed at curbs no more than 24 hours prior to the pickup date.
Sec.13-18. Lost or stolen refuse receptacles.
Refuse receptacles are the customers’ responsibility. Should a receptacle be lost or stolen, report the incident to City Hall. Report a stolen receptacle to the Eastland Police Department.
Sec. 13-19. Billing date; payment; late charge; disconnection; reconnection charge.
(a) Garbage service bills shall be due by the 20th day of the month and bills remaining unpaid after the 21st day of the month shall incur an additional charge of ten (10) percent.
(b) All accounts where bills remain unpaid by the due date of the following month shall be subject to discontinuation of water service.
(c) Upon disconnection of water service, no customer shall be reconnected to City water services until payment is received for all past due bills plus the applicable reconnection charge.
Sec. 13-20. Rates generally.
The rate for solid waste collection shall be as set by the City Commission in the rates and fee schedule.
Sec. 13-21. Private collecting prohibited.
The collection of garbage, trash, rubbish or junk within the City is prohibited except as otherwise provided for in this Chapter. Garbage and refuse collection by private commercial companies within the City limits is prohibited unless approved by the City Commission.
Sec. 13-22. Large accumulations.
(a) Places which accumulate unusually large quantities of garbage or refuse such as slaughterhouses, dressing plants, wholesale fruit and vegetable houses and storage facilities shall not be included in the normal service furnished by the City. The owners of such places shall may make special pick-up arrangements with the City or its contractor.
(b) Heavy accumulation such as brick, broken concrete, lumber, ashes, clinkers, cinders, dirt and plaster, sand and gravel, automobile frames, dead trees, other bulky and heavy material, pieces of wood, barrels, crates, scraps of iron, wire or any other metals shall be disposed of at the expense of the owner or person controlling the same under the direction of the City or its contractor.
(c) Manure from cow lots, horse stables, and petroleum products or petroleum contaminated material from garages or filling stations shall be disposed of at the expense of the owner or person controlling the same under the direction of the City or its contractor.
Secs. 13-23–13-29. Reserved.
ARTICLE III. CONVENIENCE CENTER
Sec. 13-30. Authorized users and materials.
(a) The Convenience Center is not a State of Texas permitted landfill or transfer point.
(b) Nonresidents may not deliver material to the Convenience Center, nor may material originating outside the City be delivered to the Convenience Center. Residents must have proof of identification and residency to use the Convenience Center. Commercial yard and lawn service providers must provide proof that debris delivered to the facility was obtained from customers within the City limits.
(c) Refrigerators, air conditioners, other items containing Freon, as well as automotive engines and parts, may not be delivered to the Convenience Center.
Sec. 13-31. Hours of operation.
The hours of operation for the Convenience Center are Monday, Wednesday and Friday, 9:00 a.m. to 2:30 p.m., by appointment only. All users must pay unloading fees, if required, and obtain a drop off appointment pass from City Hall at least twenty-four (24) hours prior to the date of delivery and arrive on the designated appointment date. No drive up service will be accepted.
Sec. 13-32. Rates.
The rates for disposal into the Convenience Center shall be established in the City of Eastland rates and fees schedule.
Sec. 13-33. Disposal of residential construction and demolition material.
(a) The rates for disposal of residential construction and demolition material delivered by residential customers, using trucks or trailers, to the Convenience Center shall be established in the City of Eastland rates and fees schedule. The rates vary by the type of truck or trailer and separate pricing is listed for commercial furniture drop offs.
(b) Residents may make no more than two (2) deliveries of residential construction and demolition material per calendar year to the Convenience Center. No commercial deliveries are allowed.
Sec. 13-34. Rates for disposal of used vehicle tires.
(a) The rates for disposal of used vehicle tires delivered to the Convenience Center shall be established in the City of Eastland rates and fees schedule. The rates vary for cars, truck or tractor tires. No commercial or heavy equipment tires will be accepted.
(b) Residents are authorized to deliver no more than one (1) set of four (4) vehicle tires per calendar year to the Convenience Center. No commercial deliveries are allowed.
Secs. 13-33–13-39. Reserved.
II. Repealing Provision. The Board of Commissioners declares that any prior ordinance or any prior ordinance provision is hereby repealed to the extent that such ordinance or ordinance provision conflicts or contradicts the amendments and provisions enacted herein.
III. Severability. Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstances for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, or ineffectiveness or such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
IV. Effective Date. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, as required by the Texas Local Government Code.
PASSED and APPROVED upon first reading this 16th day of December, 2019.
PASSED, APPROVED and ADOPTED upon second and final reading this 21st day of January, 2020.
Larry Vernon, Mayor
Chairman of the Board of Commissioners
ATTEST:
Roma Holley, City Secretary
113 E. Commerce St
Hours 8:00AM - 5:00PM
(254)629-8321
