LITTER CONTROL

Houston Code of Ordinances ch. 39, art. V

in effect

Houston Code of Ordinances § 39-95 Enforcement of state solid waste laws and regulations.

Sec. 39-95. - Enforcement of state solid waste laws and regulations. (a) In cooperation with the legal department, the neighborhood protection official and any other city departments having code enforcement responsibilities relating to solid waste, sanitation or litter control, the chief solid waste officer shall conduct an effective program of the enforcement of state and local laws relating to solid waste, sanitation and litter control including, but not limited to, enforcement of the Texas Litter Abatement Act (Texas Health and Safety Code, ch. 365). (b) The health officer may report the failure of any person to comply with the said act or regulations in writing to the legal department for the institution by the city of suits for the civil penalties and injunction remedies provided in the solid waste disposal act; provided, that the health officer may, but shall not be obligated to, attempt to secure voluntary compliance prior to referral of the complaint to the legal department. Prior to the institution of suit, the legal department shall refer the health officer's request to the city council for authorization to file suit. Such authorization may be granted by motion of the city council. Further authorization shall not be required for taking of any action which the city attorney deems necessary or desirable in connection with the prosecution of the suit or the enforcement of any judgment obtained therefrom. (c) Upon completion of appropriate training, employees designated by the division, fire department, Houston Health Department, mayor's citizens' assistance office, and police department, are authorized to issue citations charging the violation of any of the provisions of this chapter. Duly trained and designated employees of the division are also authorized to issue citations charging the violation of any provisions in this Code relating to solid waste, including but not limited to garbage, refuse, and dumpsters. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-96 Information required on solid waste transport vehicles.

Sec. 39-96. - Information required on solid waste transport vehicles. (a) It shall be unlawful for any person to operate or cause to be operated any vehicle whose major use (as defined by the chief solid waste officer) is the transporting of solid waste upon any public street within the city unless the name and telephone number of the hauler is posted and maintained thereupon in the manner provided in this section. The word "hauler" as used in this section shall mean the owner of the vehicle, provided that if the vehicle is operated pursuant to a lease or other arrangement whereby the owner is not entitled to the use of the vehicle, then "hauler" shall mean the person entitled to the use of the vehicle. (b) It is an affirmative defense to prosecution under this section that the cargo transported by such person: (1) Contains two cubic yards of solid waste or less; or (2) Originated outside the city and is destined for transport outside the city, provided that no solid waste is loaded or unloaded within the city. (c) It is also an affirmative defense to prosecution under this section that: (1) The vehicles is owned by a political subdivision and is marked in compliance with the law applicable to vehicles owned by such subdivision; or (2) The vehicle is required to be marked or posted in a manner inconsistent herewith by applicable state or federal laws, rules or regulations and is marked or posted in compliance therewith. (d) The name and telephone number required to be posted by this section shall be printed on a vertical or nearly vertical surface upon both sides, and when the configuration of the vehicle allows, in the rear, in proportional and proportionally spaced block letters and numbers not less than three inches in height having a brush stroke not less than three-eighths inch in width, shall be of a solid color which contrasts with the background color upon which they are printed and shall be maintained in a clean and unobstructed manner at all times. Abbreviated names may be used, provided that the hauler notifies the director of public health and chief solid waste officer of the abbreviation. In the event that the vehicle is designed in such a manner that the solid waste is transported within a trailer or off-site service type of receptacle which is towed or carried by the vehicle, then the letters and numbers required on the rear of the vehicle may be printed upon such trailer or receptacle in lieu of the vehicle itself. The requirement may be met through the use of decals. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-97 Information required on bulk containers.

Sec. 39-97. - Information required on bulk containers. (a) It shall be unlawful for any bulk container service provider to use or to provide any bulk container for the use of any other person within the city unless the name and telephone number of the bulk container service provider is posted and maintained thereon in the manner provided in this section. (b) The name and telephone number required to be posted by this section shall be printed on a vertical or nearly vertical surface upon the bulk container in proportional and proportionally spaced block letters and numbers not less than two and one-fourth inches in height having a brush stroke of not less than three-eighths inch in width, shall be of a solid color which contrasts with the background color upon which they are printed and shall be maintained in a clean condition at all times. Abbreviated names may be used, provided that the bulk container service provider notifies the director of public health and the chief solid waste officer of the abbreviation. If the bulk container is designed for on-premise emptying, then the name and telephone number shall be printed on the side thereof which is intended for access by the truck or other mechanical device which empties the bulk container. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-98 Duty of property owners for collection.

Sec. 39-98. - Duty of property owners for collection. Property owners shall ensure that solid waste collection services are provided on a regularly scheduled basis to collect all solid waste generated or accumulated on their property. Such schedule will be established to ensure that solid waste is collected at least one time per week or more frequently if required to prevent the creation of any hazard to public health or public nuisance." (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-99 Placement for collection in the central business district.

Sec. 39-99. - Placement for collection in the central business district. It shall be unlawful for any owner, manager, tenant, or occupant of any business establishment or building in the central business district, or the agent or employee of such person, to fail to comply with the following minimum standards relating to the placement and collection of garbage, rubbish, or recyclable material: (1) Types of receptacles. Suitable containers must be used for private service commercial collection of municipal solid waste. Solid waste generated or accumulated in any business establishment or building shall be contained in a bulk container or one of the following trash receptacles: a. A garbage or rubbish container. A garbage or rubbish container shall meet the requirements of section 39-61 of this Code. b. Plastic bags. Plastic bags shall have a minimum film thickness of two mils. (2) Cardboard boxes. When cardboard boxes alone are placed for collection, they shall be broken down, flattened, and tied in bundles not exceeding four feet. (3) Collection. Collection of garbage, recyclable material, or rubbish is permitted at all hours except between 7:00 a.m. and 2:00 p.m. (4) Placement. a. Garbage, trash, and recyclable material receptacles and cardboard boxes shall not be placed out for collection earlier than 2:00 p.m. on the day of collection, and the receptacles shall be removed immediately after collection of the contents. b. No garbage, trash, or recyclable material receptacle or cardboard box may be placed out for collection for more than four hours, and the receptacles shall be removed from an improved public street right-of-way, including the street, sidewalk, or other public right-of-way property adjacent thereto, no later than 7:00 a.m. c. Garbage, trash, and recyclable material receptacles and cardboard boxes shall be placed out for collection at the curbline of a public street in front of or adjacent to the premises and in such a manner as to leave a five foot minimum width corridor for pedestrian passage. d. Garbage, trash, and recyclable material receptacles may not be placed adjacent to or in a parking meter zone or a commercial vehicle loading zone or within five feet of any crosswalk. (5) City-owned trash receptacles. Solid waste generated or accumulated in any business establishment or building shall not be placed in city-owned trash receptacles used to collect litter. (6) Exception. This section does not apply to sidewalk litter collected by the city or the Houston Downtown Management District. (Ord. No. 2026-0516, Exh. C, 6-10-2026)

Houston Code of Ordinances § 39-100 Reserved.

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH39SOWALICO_ARTVLICOFetched: 10/26/2026