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ORDINANCE N0. ~~ ~G/
AN ORDINANCE REPEALING CHAPTER 14, 10GARBAGE", OF THE CODE
OF THE CITY OF FORT WORTH (1986), AS AMENDED, AND ENACTING
A NEW CHAPTER 14 IN LIEU THEREOF, ENTITLED "GARBAGEt°, IN
ORDER TO REGULATE THE COLLECTION, STORAGE AND DISPOSAL OF
GARBAGE, TRASH, BRUSH AND OTHER TYPES OF SOLID WASTE AND
REFUSE; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF
RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS AND PENDING
LITIGATION; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AS
REQUIRED BY LAW; AND PROVIDING. AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECT ION 1 .
That Chapter 14 of the Code of the City of Fort Worth, as
amended, is hereby repealed and there is hereby enacted in lieu
thereof a new Chapter 14, entitled "Garbage", to read as follows:
`°Chapter 14
GARBAGE
ARTICLE I. IN GENERAL,
Sec. 14-1. Definitions. ,,
In this Chapter:
Co~nercial garbage and trash means solid waste gene-
rated as a by-product of any commercial operation, except
for swills, slops, toxic or corrosive materials, manure or
any other material found to be harmful to personnel or
equipment.
Earth and construction materialls means earth, rocks,
concrete, roofing materials, materials from demolished
houses or other structures, trash and materials from an
unimproved lot, and materials resulting from new residen-
tial and commercial construction and remodeling by a
building contractor, roofing contractor or landscaping
contractor.
ti
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 facil-
ities, handling and sale of produce and other food pro-
ducts.
Hazardous waste means any solid waste identified or
listed as a hazardous waste by the administrator of the
U.S. Environmental Protection Agency (EPA) pursuant to the
federal Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. 6901, et
seq., as amended.
Household garbage and trash means garbage and trash
generated by occupants of houses, buildings and other
premises used exclusively for residential purposes.
Household brush and bulky waste means waste generated
by single-family residences, duplexes, garage apartment
units and mobile home units that is too large, heavy or
bulky to be collected during normal garbage collection,
including but not limited to trees, tree limbs, tree and
shrub cuttings, refrigerators, stoves, water heaters,
other large appliances, and materials, except roofing
materials, resulting from remodeling by the householder.
Public trash receptacle means any can, box, tub or
barrel placed on the streets and sidewalks by the City, by
anyone else at the direction of the City, or by anyone by
contract or agreement with the City for the collection of
trash or waste by the general public.
Putrescible waste means solid wastes which are
capable of becoming decomposed by microorganisms with suf-
ficient rapidity as to cause nuisances from odors or gases
and capable of providing food for, or attracting, birds
and disease-carrying vectors.
Refuse means all solid waste resulting from domestic,
commercial or industrial operations incident to urban
life, except sewage, but including garbage, brush and
trash.
Sanitary landfill means a controlled area of land
upon which solid waste is disposed of in accordance with
standards, rules or orders established by the Texas
Department of Health.
Site operating plan means a document which provides
guidance to landfill site management and operating per-
sonnel in sufficient detail to enable them to conduct
daily operations throughout the life of the site in a
manner consistent with the site°s development plan and
Texas Department of Health regulations.
Solid waste means discarded materials resulting from
industrial, municipal and commercial operations and com-
munity and institutional activities that includes house-
hold garbage and trash, commercial garbage and trash,
household brush and bulky waste, refuse and trash.
Special waste means a solid waste or combination of
solid wastes that, because of its quantity, concentration,
physical or chemical characteristics or biological prop-
erties, requires special handling and disposal to protect
human health or the environment. If improperly handled,
transported, stored, processed, disposed of or otherwise
mismanaged, it may pose a present or potential danger to
the human health or environment.
Trash means nonputrescible solid wastes consisting of
both combustible and noncombustible materials; combustible
trash includes paper, rags, cartons, wood, excelsior, fur-
niture, rubber, plastics, yard trimmings, leaves and simi-
lar materials; noncombustible trash includes glass,
crockery, tin cans, aluminum, cans, metal furniture and
similar materials which will not burn at ordinary incin-
erator temperatures (1600 to 1800 degrees Fahrenheit).
Waste container means a container used for the col-
lection or storage of garbage, trash and other solid
wastes.
Sec. 14-2. Administration and enforcement.
The administration and enforcement of the provisions
of this chapter shall be the duty of the Director of the
City Services Department or his authorized representa-
tives.
Sec. 14-3. Inspection of premises.
The Director of City Services or his authorized rep-
resentatives shall have the authority to make inspection
of publicly or privately owned premises, determine whether
or not refuse is being properly collected, removed and
disposed of as required by the provisions of this chap-
r r s- "'
ter. If it is found that this chapter is being violated,
appropriate and timely action shall be taken to ensure
full compliance with same.
Sec. 14-4. Depositing refuse on streets, vacant lots.
It shall be unlawful for any person to sweep, throw
or deposit, or cause to be swept, thrown or deposited, any
refuse upon or along any drain, gutter, alley, sidewalk,
street or vacant lot or upon any publicly or privately
owned premises within the City.
Secs 14-5 - 14-20. Reserved.
ART ICLE II . COLLECT ION, STORAGE AND DISPOSAL
DIVISION 1. GENERALLY
Sec. 1.4-21. Waste containers - required.
Every owner, occupant, tenant or lessee using or
occupying any building, house or structure within the City
for any purpose shall provide and maintain standard waste
containers of sufficient number and size to hold such gar-
bage or trash as will normally accumulate on his premises
between normal collection days. Waste containers shall be
leakproof, constructed,~of substantial material, have a
tight-fitting lid or cover, and be maintained in good con-
dition. Containers shall be kept secure and fastened with
lids or covers in place at all times to prevent access to
their contents by insects, rodents or other animals; to
minimize fire hazard; and to prevent accumulation of water
and scattering of litter. When containers deteriorate so
as to become nonleakproof or otherwise hazardous to per-
sons or property, they shall be replaced.
Sec. 14-22. Preparation for collection.
All solid waste placed for collection shall be pre-
pared in the following ways:
(a) Disposable bags. Household garbage and trash
shall be placed in disposable bags constructed of plastic
or paper that are designed specifically to hold household
garbage and' trash. Bags shall be leakproof, weatherproof
and of sufficient strength to resist tearing under normal
handling. Bags shall not be greater than thirty (30)
gallons in capacity and not weigh more than fifty (50)
pounds when loaded. Bags shall be securely tied with wire,
twine or tape when placed for collection. The Director of
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City Services or his authorized representative shall have
the authority to require substitution if it is reasonably
determined that the type of bag used is inadequate for the
intended service.
(b) Cardboard boxes. Cardboard boxes may be used as
receptacles for trash and other non-putrescible wastes,
provided that such boxes are weatherproof and securely
closed to prevent blowing, spilling and scattering of the
materials contained therein and provided that such boxes,
when loaded, are of a size, type and weight that can be
readily handled by one person and placed in the collection
vehicle. Such boxes shall not exceed four (4) feet in
greatest dimension. when cardboard boxes alone are placed
for collection, they shall be broken, flattened and tied
in bundles not to exceed four (4) feet in the greatest
dimension. Boxes, when loaded or when alone and tied in
bundles, shall not weigh more than fifty (50) pounds.
(c) Other nonstandard containers. Other disposable
containers may be used for trash and other non-putrescible
wastes, provided that they are weatherproof and securely
closed to prevent blowing, spilling or scattering of their
contents. They must be of a size and type that can be
readily handled by one person and placed in the collection
vehicle. Such nonstandard containers shall not exceed four
(4) feet in the greatest dimension and, when loaded, shall
not weigh more than fifty (50) pounds.
(d) Bundling of brush for regular household garbage
and trash collection. If the customer desires to have
brush collected during regular household garbage and trash
collection, rather than during scheduled brush and bulky
waste collection, the customer shall be required to place
the brush in bundles in accordance with this subsection.
The bundles shall be securely tied with no fewer than two
(2) bands of wire or twine. Each bundle shall not weigh
more than thirty (30) pounds or exceed four (4) feet in
the greatest dimension. Each bundle must be of a size,
type and weight that it can be readily handled by one per-
son when picked up and placed in the collection vehicle.
(e) ,Placement of materials for scheduled household
brush and bulky waste collection. The following require-
ments shall be followed in the preparation of materials
for scheduled household brush and bulky waste collection:
All tree trimmings and limbs shall be no more than eight
(8) feet long. All materials to be collected shall be
placed neatly and in as tight a stack as possible to
facilitate machine loading at a point adjacent to the
front curb and unobstructed by utility poles, guide wires,
overhead lines and cables, fences, gas meters, sprinkler
systems, mail boxes, yardlights, trees, shrubs, parked
vehicles and other obstructions. Materials must not be
placed in alleys, in a street, sidewalk or other right-
of-way, or in any manner which would interfere with vehic-
ular or pedestrian traffic. Materials must not be placed
out for collection earlier than two (2) weeks prior to the
scheduled week of brush and bulky waste collection.
(f) Glass. Glass and other wastes that are dangerous
to handle shall be securely wrapped and labeled so as to
warn collection crews to handle with care.
(g ) Ashes. All ashes shall be allowed to stand until
cold before being placed in containers for collection.
(h) Wet refuse. All refuse that is mixed with water
or other liquids shall be drained before being put in con-
tainers and placed for collection.
(i) Liquid wastes. Liquid wastes shall not be placed
for collection and will not be collected by City collec-
tion crews.
Sec. 14-23. Types of collection service.
(a) General. The scope of solid waste collection ser-
vices provided by the City is intended, in general, to
serve the normal needs of residential dwelling units and
their directly-related activities.
(b) Household garbage and trash - Customer to choose
option. In general, the individual customer may choose
either of the following options. However, the Director of
City Services or his authorized representative shall have
the authority to designate the location for collection
taking into consideration such factors as convenience to
collection crews, convenience to the customer, hazardous
conditions such as cables, utility poles, clearances for
equipment, danger to the collector from household pets and
collection costs.
(1) Curb line service. Household garbage and trash shall
be properly prepared for collection and placed on the
front curb line in disposable containers by
7:00 a.m. on the scheduled collection day and no
earlier than 6:00 p.m. on the day preceding the
scheduled collection day.
(2) Collector carry-out service. If collector carry-out
service is selected, household garbage and trash
shall be properly prepared for collection and placed
in disposable containers at a point adjacent to the
dwelling place. Bags or boxes shall be tied or
crimped securely. Yard trash, including bundled brush
and tree trimmings, grass clippings and leaves, shall
be properly placed in containers and placed on the
front curb for collection.
Y
(c) Brush and bulky waste collection. Collection
shall be provided up to once monthly for household brush
and bulky waste that is too large, bulky or of such shape
that it cannot be readily placed in containers. Household
brush and bulky waste collection will be provided to each
customer of regular household garbage and trash collection
service. Earth and construction materials will not be col-
lected. Household garbage and trash consisting of small,
loose items must be placed in proper containers and placed
out for regular garbage and trash collection. Unscheduled
or more frequent service will be considered a special col-
lection service and may be provided on an extra fee basis.
(d) Special collection services. Upon request, and
based upon availability of equipment and personnel, un-
scheduled or more frequent collection may be provided for
garbage and brush and bulky waste and a charge shall be
levied for such service based upon currently approved
rates. Brush and bulky waste collection may also be pro-
vided for multi-family unit dwellings and commercial
enterprises on a fee basis.
Sec. 14-24. Charges for garbage and trash collection -
service compulsory for single-family residences and
duplexes; service optional for group housing.
(a) Use of the City garbage and refuse collection and
brush removal service and payment of the fees set out
below for such service shall be mandatory for single-
family residences, each unit of duplex apartment build-
ings, garage apartments and mobile homes or trailers
occupied as dwelling units. The monthly fees for household
garbage and refuse collection and brush removal service
shall be as follows:
Curb/Alley
Type Line Service
Single-Family residences $6.35 per mo.
Duplex apartments (per $6.35 per mo.
dwelling unit) (per dwelling
unit)
Collector
Carry-out
$25.00 per mo.
$25.00 per mo.
(per dwelling
unit)
Garage apartment unit $6.35 per mo. $25.00 per mo.
Trailer/mobile home $6.35 per mo. $25.00 per mo.
dwelling unit
Residential building $6.35 per mo.
or complexes, etc. (per dwelling
unit)
(b) The use of City garbage and refuse
brush removal shall be optional for reside
or complexes which include three (3) or
units.
$25.00 per mo.
(per dwelling
unit)
collection and
itial `buildings
more dwelling
(c) No refunds of payments or credits for City gar-
bage and brush and bulky waste collection service will be
granted for single-family residences, duplex residences
and garage apartments that have City water service or are
occupied. ,
(d) Credits for City garbage and brush and bulky
waste collection service for single-family residences,
duplex residences and garage apartment units incorrectly
rated may be given credit for a maximum period of six (6)
months. The credit given will be the difference between
the correct monthly rate and the incorrect monthly rate
multiplied by the number of months involved to a maximum
of six (6) months.
(e) The initial billing for City garbage and brush
and bulky waste collection services for single-family
residences, duplex apartments and garage apartment units
shall be made concurrent with the initial billing for
water and sewer service. Billing for collection shall be
automatic regardless of whether or not a written contract
between the City and the customer. There shall be no pro-
raton of service charges for a portion of a billing
period.
(f) The use of City garbage and brush and bulky waste
collection service shall be optional for residential
buildings or complexes which include three (3) or more
dwelling units.
Sec. 14-25. Charges for garbage and trash collection -
business and commercial buildings and premises, special
services and City-furnished container service.
Charges for refuse collection from houses, buildings
and premises used for commercial business, and other non-
residential purposes, shall be based on a minimum service
charge for one standard refuse receptacle or container and
an additional charge for the number of additional con-
tainers used as set forth in the schedule below:
RATE SCHEDULE FOR HAND-LOADED
COMMERCIAL GARBAGE PICKUP
Service two times per week
Average number
of containers 1 2 3 4 5 6 7 8 9 10
TOTAL MONTHLY CHARGE $ 7.90 $11.75 $15.70 $19.60 $23.50 $27.40 $31.25 $35.20 $39.10 $43.00
Service three times per week
Average number
of containers 1 2 3 4 5 6 7 8 9 10
' TOTAL MONTHLY CHARGE $10.15 $16.00 $21.85 $27.70 $33.50 $39.40 $45.25 $51.10 $56.95 $62.75
Service four times per week
Average number
of containers 1 2 3 4 5 6 7 8 9 10
TOTAL MONTHLY CHARGE $13.50 $21.35 $29.15 $36.90 $44.70 $52.50 $60.35 $68.15 $75.90 $83.70
Service five times per week ,
Average number
of containers 1 2 3 4 5 6 7 8 9 10
TOTAL MONTHLY CHARGE $16.90 $26.65 $36.40 $46.15 $55.90 $65.65 $75.40 $85.15 $94.90 $104.65
Service six times a week
Average number
of containers 1 2 3 4 5 6 7 8 9 10
TOTAL MONTHLY CHARGE $20.25 $31.95 $43.65 $55.35 $67.00 $78.70 $90.40 $102.10 $113.75 $125.00
Where more than ten (10) containers are used by any
one customer, the total monthly charge shall include the
minimum monthly charge plus a charge per container (in
excess of one) computed on the basis of forty-five cents
($.45) per container per stop. The computation shall be
made on an annual charge divided by twelve and rounded to
the nearest five cents ($.05).
Special Service: Unscheduled Refuse Service.
Upon request, the waste disposal division shall make
such special collection of refuse as is requested, and a
charge shall be levied for such service, computed as fol-
lows:
a) An hourly rate of thirty dollars ($30.00) for the
actual time consumed in loading the truck, calculated
from arrival at the property served until departure
' from the property.
b) A rate of sixteen dollars ($16.00) per ton for dis-
posal of refuse at the disposal site.
The minimum charge for such unscheduled refuse ser-
vice shall be thirty dollars ($30.00) for one hour plus
thirty-eight dollars ( $38.00 ) for two ( 2) tons of refuse,
for a total of sixty-eight dollars ($68.00).
Special Service: Unscheduled Bulky Waste and Large Brush
Service.
Upon request, the waste disposal division shall make
special collection of bulky waste, including brush, as is
requested, and a charge shall be levied for such service
as follows:
a) A rate of thirty dollars ($30.00) per hour for the
actual time consumed in loading the material, calcu-
lated from arrival at the property served until
departure from the property.
b) A rate of six dollars ($6.00) per cubic yard for dis-
posal of the material at the disposal site.
The minimum charge for such service shall be thirty
dollars ($30.00) for one hour plus twelve dollars ($12.00)
for two cubic yards of materials, for a total of forty-two
dollars ($42.00).
City-Furnished Container Service.
Charges for refuse collection from commercial estab-
lishments and other buildings used for non-residential
purposes which use three (3) cubic yard containers, shall
be based on the following table:
MONTHLY RATE SCHEDULE FOR 3 CUBIC YARD
CONTAINERS FURNISHED AND SERVICED BY THE CITY
3 cubic yard containers picked up two times per week
1 $ 83.25
2 166.50
3 249.75
4 333.00
3 cubic yard containers picked up three times. per week
1 $124.90
2 249.75
3 374.65
4 499.50
3 cubic yard containers picked up four times per week
1 $166.50
2 333.00
3 499.50
4 666.00
3 cubic yard containers picked up five times per week
1 $208.15
2 416.25
3 624.40
4 832.00
3 cubic yard containers picked up six times per week
1 $249.75
2 499.50
3 749.25
4 999.00
Sec. 14-26. Collection of charges. Fees for the service
regulated by this chapter shall be included on the monthly
water bills, and any person who shall fail or refuse to
pay such fees within ten (10) days from the date of the
second billing shall be subject to having all of such ser-
vice suspended. The owner, occupant, tenant or lessee
using or occupying any unit of any building, house or
structure. shall be responsible for the payment of the
garbage collection and trash removal fees incurred there-
for.
Sec. 14-27. Deposit required. All commercial customers
shall be required to make a minimum deposit, in advance,
of twenty-five dollars ($25.00). All residential customers
shall be required to make a minimum deposit of ten dollars.
($10.00), in advance, or an amount of money which will, in
the reasonable judgment of the Director of City Services,
be sufficient to insure the City against loss due to non-
' payment of final bill.
Sec. 14-28. Commercial waste containers.
(a) Every person, firm or corporation who shall own,
lease or rent service of waste containers shall maintain
such waste container in good mechanical condition and
shall repair such waste container when necessary. All
parts of such container, including but not limited to
lids, doors, hinges and drain, shall be in good work
order. Except while being cleaned, all drain plugs of such
containers shall be in place so that such container shall
not leak.
(b ) Every person , f irm or corporation who shal l own ,
lease, rent or loan a waste container shall empty such
container at least once every seven (7) days when such
container is used for deposit of garbage or other putres-
cible material. All garbage and putrescibles must be
bagged before depositing in container, and every such per-
son, firm or corporation shall empty such container as
often as necessary when such container is used for the
deposit of rubbish or trash so as to prevent such con-
tainer from overflowing. It will be the user's responsi-
bility to contract for adequate container and service, to
eliminate overflowing, and the cleaning of the interior
surfaces of such container when necessary to keep the
interior surface clear of accumulative garbage or of
organic material.
(c ) Every person , f irm or corporation who shall have
control over the premises upon which any such container is
located shall keep all lids and doors of such container in
a closed position at all times when such is used for the
deposit of garbage or other putrescible materials, except
during times when such container is being emptied or
filled. Every person, firm or corporation who shall con-
tract for any such container shall have the container
placed in a position so that lids and doors shall not be
obstructed by any object which would prevent the closing
of such lids and doors and/or servicing thereof.
(d) The location or maintenance of a waste container
on any lot, tract or parcel of land or portion thereof,
which is in violation of any provision of this chapter,
shall be deemed a public nuisance when the Director of
City Services shall determine such container to be a
danger to the life, limb, health, property, safety or
welfare of the public or occupants of the premises upon
which such container is located. It shall be unlawful for
' any person, firm or corporation who shall own, rent or
contract for lease of a waste container to maintain such
public nuisance by permitting or allowing the same to be
placed, located or maintained upon any lot, tract or par-
cel of land or portion thereof in the City.
(e) Every person, firm or corporation who shall own
or lease any such waste container which has been deemed a
public nuisance shall remove such container from the prem-
ises within ten ( 10) days after being officially notified
by the City Services Director or his authorized represen-
tative to do so. Such shall be in writing, shall specify
that it must be removed and abated within ten (10) days,
and shall specify that a request for a hearing must be
made in said ten-day period. Copies of the notice shall be
served upon the owner or lessor of such container by serv-
ing him personally or sending the copies by certified or
registered mail, return receipt requested, to the last
known address of such person, firm or corporation. A pub-
lic hearing prior to removal of such container must be
held before the City Services Director if such hearing is
requested by the owner or lessor of such container within
ten (10) days after service of such notice to remove and
abate such public nuisance.
Sec. 14-29. Public trash receptacles. All public trash
receptacles and arrangements for their collection shall be
approved by the Director of City Services.
Sec. 14-30. Disposal fees.
(a) Persons disposing of refuse at any City-operated
disposal site, incinerator, transfer station or sanitary
:x
landfill, including persons holding a valid permit for
private collection and disposal of refuse, shall pay a fee
for each and every load of refuse disposed of in accor-
dance with the following:
(1) Fort Worth residents, upon showing a current water
bill showing a sanitation charge and hauling from
their residences in autos, pickups and single-axle
trailers - no charge.
(2) Fort Worth residents not presenting a current water
bill indicating a sanitation charge, commercial
haulers from Fort Worth and outside Fort Worth, and
private haulers from outside Fort Worth - twelve
dollars ($12.00) minimum charge, for up to fifteen
hundred (1500) pounds, four dollars ($4.00) per five
hundred (500) pounds thereafter.
(3) Vehicles or trailers hauling solid waste into waste
disposal or transfer sites whose loads are not
covered or secured to prevent littering - three
dollars ($3.00) surcharge per load in addition to
other disposal fees.
(b) Any person entering upon a disposal site for any
purpose shall be conclusively presumed to know and appre-
ciate the hazards and the extent of the damage which
accompanies the accumulation of scrap wood, glass, nails,
trash, brush, garbage and waste of every description and
the use of trucks, vehicles and heavy machines to move,
remove, bury and dispose of same, and every person enter-
ing upon any such site shall be conclusively presumed to
have assumed the risk of injury connected with or result-
ing from such hazards and danger by his action in entering
upon such site and for and in consideration of the permis-
sion granted by the City of Fort Worth to enter upon such,
every person shall covenant and be deemed to have cove-
nanted not to sue and to indemnify, save harmless and
defend the City of Fort Worth, its agents, officers and
employees, from and against any and all claims of any
nature whatsoever for injury or damage to person or prop-
erty, whether real or asserted, arising out of or result-
ing from the entry by such person upon any City-operated
refuse disposal site.
Sec. 14-31. Requirements and prohibitions concerning
various types of refuse at City waste disposal and trans-
fer sites.
(a) City waste disposal and waste transfer sites are
operated in accordance with Texas Department of Health
rules and regulations with a concern for protecting the
environment and safeguarding the public health. Each City
site is operated in accordance with a site operating plan
that reflects operational standards of the Texas
Department of Health and provides guidance to site manage-
ment in the safe disposal of municipal solid waste. The
Director of City Services shall be responsible for deter-
mining disposal procedures, authorized users and methods
of operation at municipal landfill sites and transfer
facilities. He shall have the authority to inspect all
incoming wastes and reject materials which would, in his
judgment, interfere with facility operation, create a
nuisance by reason of emission or disagreeable odor, or
adversely affect the health, safety and welfare of facil-
ity operating personnel or the general public.
(b) The following wastes shall not be accepted:
(1) Special wastes such as sludges, industrial
waste, hazardous waste, infectious wastes from
health and veterinary facilities, dead animals,
slaughterhouse waste, asbestos, and other wastes
which must be manifested to be legally disposed
of will not be accepted for disposal.
(2) Other wastes not accepted are automobile bodies,
tires, wastes in drums and liquids.
(c) Vehicles hauling solid waste into waste disposal
or transfer sites must be properly covered or secured to
prevent littering of public roads.
Sec. 14-32. Dumping restrictions. The Director of City
Services may establish restrictions on the dumping of
solid waste by the public at municipal landfills and other
municipal solid waste facilities and may post signs which
may serve as notice of such restrictions. It shall be
unlawful to dispose or deposit any solid waste at any
municipal landfill or other municipal solid waste facility
in violation of such restrictions.
Sec. 14-33. Penalty. Any person who violates, disobeys,
omits, neglects or refuses to comply with, or resists the
enforcement of, any of the provisions of this chapter
shall be subject to punishment as provided in Section 1-6
of this Code.
Secs. 14-34 - 14-45. Reserved.
DIVISION 2.
PRIVATE COLLECTORS
Sec. 14-46. Permit for private collection and disposal -
required. No person except a duly authorized agent,
employee or contractor of the City shall empty refuse con-
tainers or convey or transport garbage, trash, solid waste
or other waste on the streets, alleys or public thorough-
fares of the City without a written permit granted and
issued by the Director of City Services.
Sec. 14-47. Same - Application. The application for a
permit required hereunder shall set forth the name and
address of the applicant; the trade name under which the
applicant does or proposes to do business; the number of
vehicles the applicant desires to operate; the class, size
and design of each vehicle; whether or not the applicant
has been convicted of any federal, state or municipal law;
whether or not the applicant or any persons with whom he
has been associated or employed have a claim or judgment
against him for damages resulting from negligent operation
of a vehicle; the nature and character of the service the
applicant proposes to render; the experience he has had in
rendering such service; the patrons for whom he proposes
to render such service; and such other information as may
be relevant to the applicant's fitness to render such ser-
vice as may be required by the Director of City Services.
Sec. 14-48. Same - to whom application made; investigation
of applicant; issuance. Any person desiring a permit shall
make application for such permit to the Director of City
Services, who shall make or cause to be made such investi-
gation as he may consider necessary in order to determine
whether or not the public convenience and necessity war-
rant the granting of such permit. The Director of City
Services shall determine if the applicant is a fit and
proper person to perform such service or conduct such
business and may require the applicant to provide in writ-
ing such information as the Director shall request in
order to determine such facts, as well as information as
to his financial responsibility in the event of claims for
damage against him by persons or property damaged by
reason of the negligent operation of any vehicle used in
such work. In the event the Director is satisfied that the
applicant meets the requirements of this chapter, is a
competent and responsible person and has adequate equip-
ment to perform such type of work, he shall issue a per-
mit.
~~
(a) Each person holding a permit as described in
Section 14-46 shall pay an annual fee of one hundred
Thirty-five Dollars ($135.00) for one vehicle and Fifty
Dollars ($50.00} for each additional vehicle so used.,
(b) All permits shall have a term of one (1) year and
shall expire on the thirtieth (30th) of September of each
year.
Sec. 14-50. Same - Transferability; revocation. Permits
shall not be transferred or assigned. Such permits may be
rescinded by the Director of City Services at any time for
violation of any provision of this chapter, or when neces-
sary to protect the public health and safety.
Sec. 14-51. Same - Tag to be affixed to vehicle. In all
cases where permits have been issued, evidence of such
fact shall be established by the affixing of a metal tag
' in a prominent place on each vehicle for which a permit
has been granted.'°
SECTION 2 .
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such voidness, ineffectiveness
or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordi-
nance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such void,
`ineffective or unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the provisions
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of Chapter 14 of the Code of the Cbty of Fort Worth (1986), as
amended, and of any other ordinance affecting garbage, which have
accrued at the time of the effective date of this ordinance; and as
to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such chapter
and/or other ordinances, same shall not be affected by this ordi-
nance but may be prosecuted until final disposition by the courts.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than
One Thousand Dollars ($1,000) for each offense. Each day that a vio-
lation is permitted to exist shall constitute a separate offense.
SECTION 5 .
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption of this
ordinance and Sections 4, 6 and 7 in the minutes of the City Council
and by filing the ordinance in the ordinance records of the City.
SECTION 6 .
The City Secretary of Fort Worth, Texas, is hereby directed to
publish the caption and Sections 4, 6 and 7 of this ordinance for
two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of
Texas.
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SECT ION 7 .
That this ordinance shall become effective and been full force
and effect from and after its passage and publication, as required
by law.
APPROVED AS TO FORM AND LEGALITY:
~~~
City Attorney
Date : ~~' ~,~-_~~
EFFECTIVE: ~-
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TRANS PORTATI pNCP UB LiC..W_Q$X~S'i'~
IA,aTER ADMIh
CITY. SERVICE
S DA'1 ~~~ ~ REFERENCE
NUMBER SU6JEG - -
~tEVISION OF CHAPTER 14, CITY PAGE
''I'~/14/86 G-6844 CODE, "GARBAGE" tar
REC6MMENDATION
It is recommended that the City Council adopt the attached ordinance which
repeals the present Chapter 14, Code of the City of Fort Worth (1986), and
enacts a new Chapter 14.
BACKGROUND
As part of a continuing effort to update the provisions of the City Code, the
City staff has prepared a revision of Chapter 14 (formerly Chapter 16 in the old
codification). Chapter 14 ("Garbage") deals with the collection, storage, and
disposal of solid waste in the City.
The Chapter was last revised on July 22, 1986, by passage of Ordinance No. 9685,
which revised the City' s refuse collection fee schedule. These revisions are
adopted in the attached ordinance.
A description of the major substantive changes in the ordinance was contained in
Informal Report No. 7151 sent to the City Council on October 7, 1986.
RG•kcq
APPROVED BY_
CITY COUNCIL
ACT ~. 1~~6
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Gitp S~orntary of the
i C#.y of Fort Wozth, Texas
', SUBMITTED FOR 7t1 ~
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED 9Y
~ OFFICE iBY Q APPROVED
ORIGINATING ~ [ 'OTHER '(DES'CRI61_)
DEPARTMENT 'HEAD' Ul Ford CITY SECRETARY
FOR ADDITIONAL INFORMATION 4~d Ord}118i1C8 1`id. ~~-~-
Adopt
DATE
CONTACT U Ford 6308 _
7