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HomeMy WebLinkAboutOrdinance 3256 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 23 AND 25 OF ORDINANCE NO. 3241, BEING AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF FORT WORTH, TEXAS, AND AFTER BEING AMENDED, REQUIRING A PERMIT TO EMPTY GARBAGE CANS OR TRASH RECEPTACLES OR TO CONVEY GARBAGE OR TRASH ON THE PUBLIC 'THOROUGHFARES OF FORT WORTH; PROVIDING THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND WEL- FARE BE AUTHORIZED TO ISSUE PERMITS TO PERSONS, FIRMS OR COR- PORATIONS TO COLLECT, REMOVE AND DISPOSE OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF FORT WORTH; PRESCRIBING CERTAIN FEES TO BE PAID BY PERSONS, FIRMS OR CORPORATIONS HOLDING SUCH A PERMIT; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR THE VIOLATION THEREOF OF A FINE IN ANY SUM NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), AND MAKING EACH OFFENSE AND EACH DAY'S CONTINUANCE OF FAILURE TO COMPLY A SEPARATE AND DIS- TINCT OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DAVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 23 of Ordinance No. 3241 be amended, and, after being so amended, it shall read as follows: SECTION 23. No one except the duly authorized agents and employees of the City of Fort Worth shall empty garbage cans or trash re- ceptacles or convey or transport garbage or trash on the streets, alleys and public thoroughfares of said City without a written permit granted and issued by the Director of the Department of Public Health and Welfare of the City of Fort Worth. That Section 25 of Ordinance No. 3241 be amended, and, after being so amended, it shall read as follows: SECTION 25. Any person, firm or corporation desiring a permit for the collection, removal., transportation or disposal of garbage, trash or rubbish shall make application for such permit to the Director of the Department of Public Health and Welfare, who shall make and cause to be made such investigation as he may consider necessary in order to determine whether or not the public convenience and necessity warrants the granting of such permit. The Director of the Department of Public Health and Welfare shall determine if the applicant is a fit and proper person to do such work or conduct such business, and may require the applicant to provide in writing any information as the Director shall desire in order to determine such facts, as well as information as to his financial responsibility in the event of claims for damages against him by persons damaged by reason of the negligent operation of any vehicle used in such work. In the event the Director is satisfied that the appli- cant meets the requirements of this ordinance and is a competent and responsible person, firm or corporation, and has adequate equipment to perform such type of work, he shall issue a per- mit as applied for. All permits shall be nontransferable and may be rescinded by the Director at any time in his best judg- ment such action is deemed to the best interest of the public health and welfare. In each case where permits have been is- sued, evidence of such fact shall be established by the affix- ing in a prominent place to each vehicle for which a permit is granted a metal tag, such tag to be issued by the City an- nually. Each person, firm or corporation holding a permit as above described shall pay an annual fee for same based on the follow- ing scale: (1) As to collecting and transporting garbage, trash, or rubbish from permittee's premises or place of business using permittee's own equipment, the fee shall be Five Dollars ($5.00) for each vehicle so used. (2) As to collecting and transporting garbage, trash, or rubbish from any point other than permittee's premises or place of business, the fee shall be Twenty-five Dollars ($25.00) for one vehicle and Five Dollars ($5.00) for each additional vehicle so used. For any permit granted during the last six months of the City fiscal year, the fee for one vehicle shall be Twelve and 50100 Dollars ($12.50) and Five Dollars ($5.00) for each addi- tional vehicle. All permits shall expire at the end of each City fiscal year. SECTION 2. Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be held to be unconstitutional, such hold- ing shall not affect the validity of the remaining portion of the ordinance, but in all respects shall remain in full force and effect; and the City Council hereby declares that it would not have passed the unconstitutional part had it known it was invalid and that it would have passed the remaining part that is not invalid. SECTION 3. This ordinance shall be held and construed to be cumulative of all other ordinances affecting the health, safety, peace and sanitation of the public in the City of Fort Worth except in those instances where the provi- sions of this ordinance are in conflict with the provisions of ordinances heretofore passed, and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are expressly repealed. SECTION 4. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon convic- tion thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), and each offense and each day's continuance of failure to comply with the ordinance shall constitute a separate and distinct offense. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, and it is so or- dained. APPROVED AS FO Assistant City Attorney