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HomeMy WebLinkAboutOrdinance 5474 ORDINANCE NO, 5474 AN ORDINANCE AMENDING CHAPTER 27 OF THE FORT WORTH CITY CODE (1964) OFFENSES MISCELLANEOUS BY ADDING THERETO SECTIONS 27-42 AND 27-43 PROVIDING FOR THE REGULATION AND CONTROL OF THE SALE ON PUBLIC STREETS AND THOROUGHFARES OF ICE CREAM, FROZEN DESSERTS OR OTHER EDIBLE OR POTABLE SUBSTANCES, WITHIN THE CITY OF FORT WORTH BY: , DEFINING TERMS; PROVIDING REGULA- TIONS FOR PARKING, FOR THE TIME AND MANNER OF SALE, AND FOR PLACES WHERE SALES ARE PROHIBITED; PROVIDING REQUIREMENTS FOR CERTAIN WARNING LIGHTS; PROVIDING A REGULATION LIMITING THE LOUDNESS AND OPERATION OF SOUND PRODUCING DEVICES; EXCEPTING HOME DELIVERIES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; MA- KING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. That Chapter 27 of the Fort Worth City Code (1964) be and the same is hereby amended by adding thereto Sections 27-42 and 27-43, and after being so amended said Sections 27-42 and 27-43 shall be and read as follows: "Sec. 27-42. Vehicles, Mobile Vending - Definitions For the purposes of sections 27-42 and 27-43 the following words and phrases shall mean respectively: (a) VEHICLE - Every device in, upon or by which any person or property is or may be transported or drawn upon a public street, highway or thoroughfare, except devices used exclusively upon stationary rails or tracks. (b) VENDING VEHICLE - Every vehicle, as herein defined, used in or for the carrying on of the business of peddling of ice cream, frozen dessert or other edible or potable intended for use as food or drink for human consumption. (c) PEDESTRIAN - Any person afoot. (d) VENDOR - Any person, group of persons, firm or corporation who individually or by or through an agent or servant offers to sale, sells or attempts to sell any ice cream, frozen dessert or other edible or potable intended for use as food or drink for human consumption, from any vehicle as herein defined. "Sec. 27-43. Same - Regulations and Minimum Equipment. It shall be unlawful for the operator of any mo- bile vending vehicle to stop, stand or park such ve- hicle on any public street or thoroughfare when ice cream, frozen desserts or other edible or potable sub- stances are sold or offered for sale, from said vehicle, unless said vendor before making any such sale and at the time of said sale shall operate his vehicle in the following manner: (a) Said vehicle shall be equipped with front and rear blinking caution lamps. The front lamps shall be mounted at the same level and as widely spaced laterally as practicable and shall display simulta- neously flashing amber lights, and the rear lamps shall be mounted at the same level and as widely spaced la- terally as practicable and shall display simultaneously flashing amber or red lights or any shade of color between amber and red, which warning lights shall be illuminated when and only when said vending vehicle stops prior to conducting any sale or offering to sell; (b) Said vehicle shall be parked at the right curb, within eighteen (18) inches of said curb before any sale or offering of sale shall be made; (c) Said vehicle shall not park within one hun- dred (100) feet from any street intersection; (d) Said vehicle shall not park within thircy- five (35) feet from any other vehicle that may be parked on the street; (e) Customers shall be served only from the curb side of said vehicle, and at no time shall a customer be served who is not standing on the curb or other- wise off the street or thoroughfare, or by a driver who remains in his driver's seat; (f) Customers shall be served only when the mobile vending vehicle is parked, and at such stops, the ve- hicle's motor shall be cut off unless its operation is essential to producing or maintaining the product sold; (g) No sale or offering to sell shall be made from any mobile vending vehicle on any public street or thoroughfare between sunset and nine o'clock (9:00) A. M., (h) No sale or offering to sell shall be made from any mobile vending vehicle of any ice cream, frozen dessert or other edible or potable substance within two blocks of any school, or on any park or other municipal recreation facility, or directly in front of any commercially or industrially zoned pro- perty; (i) No sale or offering to sell shall be made on any street where the lawful speed limit exceeds thirty (30) miles per hour; (j) If any mechanical or electronic sound pro- ducing device is employed to attract attention to said mobile vending vehicle, it shall not be operated so as to be audible beyond a distance of two hundred (200) feet in any direction. Said sound producing device shall not be used between the hours of twelve o'clock (12:00) noon and three o'clock (3.00) P. M." Provided, however, that the provisions herein shall not ap- ply to any person, group of persons, firm or corporation making regular deliveries to customers in their homes. Section 2. Any person, firm, corporation or any agent or employee thereof who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Two Hundred and N0/100 ($200.00) Dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 3. This ordinance shall be and is hereby declared to be cumu- lative of all other ordinances of the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof may be expressly inconsistent or directly in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining por- tions of this ordinance, and the remainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. Section 5. This ordinance shall be in full force and effect from and after the date of its passage and publication as required by law. Passed and adopted this day of , 1965. APPROVED AS-�T'O FORM AND LEGALITY: S. G. JOHNDROE, JR. City Attorney Mr. Brownlee Mr. Morphis City of Fort Worth, Texas Chist Hightowr Dr. Bradshaw Igo Mayor and Council Communication DATE REFERENCE SUBJECT: Mending Food on the Public PAGE NUMBER Streets 11/22/65 G-875 I or In response to requests by the City Council, the City Attorney has reviewed the proposed ordinance amending the City Code which was transmitted with M&C G-860 on November 4, 1965. A copy of the ordinance as revised is attached to this communication. The revised ordinance includes a new provision which excludes from regulation any vendors making home deliveries by these words added to Section 1 on Page 3: "Provided, however, that the provisions herein shall not apply to any person, group of persons, firm or corporation making regular deliveries to customers in their homes." The added provision clearly demonstrates the intent to except from the pro- visions of the ordinance dairy, bakery and other food vendors who make regular home deliveries. Considerable study has also been given by the City Attorney to means by which restrictions against vendors operating on the streets in front of established competing businesses might be added to the ordinance. The City Attorney reports, however, that he cannot approve the ordinance as to legality if such a provision is included. City Council consideration of the proposed ordinance is requested. JLB:1p Attach. SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED OTHER (DESCRIBE) MAETARY DATE CITY MANAGER /aJ'6� Mr. Brownlee Mr. Horphia ` - City of Fort Worth, Texas Dr. Bradshaw Afayor and' Council Communication DATE REFERERENCE SUBJECT: Ordinance Regulating the Opera- PAGE 11/22/65 NUM B G-877 tion of Rendering Establishments for 2 Following City Council discussion on November 15, 1965 of a revised proposed ordinance regulating the operation of rendering establishments (M&C G-870), a meeting was held on November 17, 1965, attended by 15 representatives of 12 rendering establishments and other companies concerned, officials of the Health and Legal Departments, and City Manager's Office. I Apparent agreement to certain clarifications and revisions in the ordinance was achieved. Attached is a further revised ordinance (dated 11/22/65) containing several minor clarifications in wording, and the following major paragraph changes : 1) The definition of rendering establishments (Section 19-441) has been clarified by adding the words "raw or green bones and fat, from any dead animal or part thereof," so that those plants engaged in handling already-processed dead animal material are not covered by this ordinance. 2) Under Section 19-442 (Certificate of Compliance Required) the following phrase has been added, "provided, however, that the operation of any rendering establishment as an integral part of a federally inspected meat packing plant under the supervision of the Meat Inspection Division of the United States Department of Agriculture shall be prima facie evidence of compliance with all provisions of this ordinance except Item 1 of Section 19-445." 3) Under Section 19-444 (Standards) (2.), the organoleptic odor test is further defined and clarified, by stating that 30 cubic feet of atmos- phere must be bubbled through the distilled water solution. 4) The recording of water, gas and other vectors used in control of cooking vapors and odors can be made either manually or by automatic recording device (Item 1.B.7.). 5) A new Item 9 is added to Section 19-445 (Regulations Governing Rendering Operations) as follows: "The regulations contained in this ordinance which pertain to the structure of buildings (not rendering apparatus or equipment) shall not apply to rendering establishments which are in existence and operation at the effective date hereof unless and until such building structures are sub- stantially altered or reconstructed. " 6) Section 19-446 (Revocation of Certificate of Compliance) is clarified so that written notice of a violation must be given by the Director of Public Health, with a definite date to correct the violation, before a Certificate of Compliance can be revoked for non-compliance with the ordin OFFICIAL RECORD CITY URETARY DATE REFERENCE SUBJECT: Ordinance Regulating the Opera- PAGE 11/22/65 NUMBER G-877 tion of Rendering Establishments 2 of 2 7) Section 19-447 (Right of Appeal) is changed so that the City Council becomes the appeals body (rather than a committee of the City Manager, the Director of Public Health, and the Sanitary Engineer of the City), and requires a public hearing to be held no later than 15 days after a written notice of appeal, (which must be within 10 days of the revoca- tion of the Certificate of Compliance). 8) The effective date of this ordinance is stated to be February 1, 1966, as directed by the City Council on November 15, 196-5. The attached ordinance is recommended for passage by the City Council. JLB:lp Attach. t1j, %R11 ARy VA. 1' RjR, At 1. SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY APPROVED [}OTHER (DESCRIBE) CITY SECRETARY DAT CITY MANAGER �� �. Y/G,r City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Ordinance Regulating the PAGE NUMBER 11/15/65 G-870 Operation of Rendering Establishments lof 2 Following City Council discussion on November 8, 1965, of a proposed ordinance regulating the operation of rendering establishments, a meeting was held on November 9, 1965, with representatives of rendering establishments, allied in- dustries, and officials of the Health and Legal Departments of the City of Fort Worth in attendance. A summary of the comments and recommendations by representatives of the com- panies is as follows : 1) That feed companies be excluded from the ordinance when only mixing feeds and where no rendering process is involved. 2) That the paragraph stating, "No wet rendering will be allowed within the corporate limits of the City of Fort Worth, Texas," (page 7 of first proposed ordinance) be deleted since this is the only process used by one company in manufacturing edible products, and complaints on the process have not been received to date. 3) That the effective date (Feb. 1, 1966) be extended so that remodeling can be completed under less pressure. 4) That standards should be set up in the ordinance giving authorityFilI. f LCQRD close a plant but not to direct operations. CITY vH, UARY 5) That the manufacturing of soap per se not be considered rendering. FT. VjORT11, TEX. 6) That all regulations be eliminated except those pertaining to odor. The draft ordinance as considered by the City Council on November 8th has been re-evaluated in detail by the staff and all recommendations made by representatives of the industry have been given full consideration. While the Health Department recommendations have not changed basically, it was determined by the conference that certain provisions should be clarified to make the ordinance more workable. The attached revised proposed ordinance incorporates the changes suggested by the Health Department. The definitions of "rendering establishments" and "processing" are clari- fied, deleting the manufacturing of feed products as a rendering establish- ment, and changing "rendering material" to "dead animal or part thereof" in the processing definition. Also deleted is the requirement that no wet rendering will be allowed within the corporate limits of the City of Fort Worth. Provisions of the ordinance have been eliminated where subject material is covered by other city ordinances. At the same time, there has been no dilution of ordinance provisions directly aimed at control of air pollution and odor problems. The Public Health Director reports, "This revision still provides us with a workable ordinance for control without any undue burdens DATE REFERENCE SUBJECT: Ordinance Regulating the PAGE NUMBER of Operation of Rendering Establishments 2 _ 11/15/65 -870 13 being placed upon the industry." This revised Ordinance is recommended by the Health Department, so that the City will have better means for controlling rendering establishment air pollu- tion problems now evident and as they may arise in the future. JLB:GA attach OFFICIAL. RECO O CITY SECREW Y FT. SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) r CITY SECRETARY DATE CITY MANAGER City of Dort Worth, Texas Mayor and Council Communication NUMBERDATE REFERENCE SUBJECT: ordinance Regulating the PAGE 11/8/65 G-863 Operation of Rendering Establishments for 2 Reports furnished City Council Members in recent weeks have outlined the continuing problem of excessive air pollution in North Fort Worth, now caused mainly by the operations of the rendering establishments located at 3600 North Grove Street. Efforts by the City Public Health Department to eliminate or reduce the amount of pollution and resulting discomfort have included filing of complaints in Corporation Court for violation of the general nuisance and sanitation ordinances of the City. However, these efforts have not been successful in providing the prompt relief which is both expected by and due the residents of the area surrounding the rendering establishments on North Grove, and these residents have continued to express their displeasure with the existing situation. The attached recommended ordinance makes a significant change in the fixing of responsibility for eliminating objectionable pollution of the air by rendering establishments. Under present ordinances, the responsibility seems to be with the citizens and with the public health inspectors to discover an establishment in violation of a difficult to establish "acceptable" level of air pollution and to eliminate pollution by warnings, fines, and court orders. This system, by its nature, has a long time period built into it for achievement of eventual compliance. The attached ordinance makes it clearly the continuing responsibility of the rendering establishment itself to maintain an acceptable level of air cleanliness, by the requirement on the establishment to obtain and keep in force a "certificate of compliance", in order to continue to operate a rendering establishment. The proposed ordinance regulating the operation of any rendering establish- ment sets minimum standards of sanitation in sufficient detail and clarity so that any rendering establishment owner and/or operator can know exactly what is expected of him in this regard. An exact measurement of odor which is beyond the limits of comfort to persons of ordinary sensibility is described at the bottom of page five of the ordinance. This test should leave little doubt in the minds of all persons concerned with rendering establishments as to what requirements must bemEt at all times, and therefore a fairly clear point in time as to when a certificate of compliance will be revoked. The proposed ordinance was drafted to conform with published standards for rendering establishments and other pertinent regulations of the Texas State Health Department and the U. S. Public Health Service. The ordinance outlines in detail the operating procedures; construction and general layout of rendering establishments ; requirements for floors, walls, ceilings, partitions and posts; doors, windows and openings; ventilation; wate Q[EICIAL � D supply; plumbing and related facilities; disposal of waste; equipmen �j 1 utensils; premises ; and cleanliness of personnel. CITY SECRU ARY Several alternatives for the adequate and suitable provision for tre t . y���f1, TEX. of cooking vapors are suggested by the ordinance (outlined at the top page seven), and any reasonable method to control odors will be allowed. DATE REFERENCE SUBJECT: Ordinance Regulating the PAGE 11/8/65 NUMBER G-863 Operation of Rendering Establishments 2 °} 2 — - The Director of Public Health is authorized to establish additional rules and regulations to carry out the intent of the ordinance and to insure the opera- tion of rendering establishments within Fort Worth in accordance with the standards and regulations established by the ordinance. No license or permit fees are required by the ordinance. This ordinance is recommended for passage because it is believed that by its terms the City Public Health Department will have better control of rendering establishment air pollution problems now evident and as they arise in the future. Attach. OF�lCI l RECORD Cl�Y SICRETARY FT. ti"!Or l T. SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER MEETING OF DEPARTMENT OF HEALTH REPRESENTATIVES AND RENDERING ESTABLISHMENT OWNERS AND REPRESENTATIVES, PRESIDED OVER BY DICK WILSON, ASSISTANT CITY MANAGER, IN THE COUNCIL CHAMBERS 2:00 O'CLOCK P.M. WEDNESDAY, NOVEMBER 17, 1965. Mr. Wilson stated that the main purpose of the meeting was to receive suggestions on amending the rendering ordinance so as to meet with the approval of the rendering establishments and their representatives. Mr. Leon Brackman asked if he was correct in assuming that any changes made in the meeting would be in the ordtuagcz before Council Monday morning. Mr. Wilson assured him that any changes agreed to by both parties would be in the amended ordinance. There was general discussion of ordinance and the objections of the rendering establishments to the ordinance. Mr. Parker recom- mended that each section should be discussed consecutively and the proper changes or compromises made. First formal recommendation , Page 3 Sec. 19-441. Definitions. "Process or Processing. By the term process or processing as used in this ordinance is meant anyooperation or combination of operations where any raw or green dead animal or part thereof is prepared, treated or handled thereof." Change of definition of rendering establishment: "By the term rendering establishment as used in this ordinance is meant an establishment engaged in the crushing, boiling, grinding, burning or drying of raw . or green bones; the burning, boiling, rendering or drying of raw or green fats; gut-cleaning, bloobl- drying, the making of glue, the manufacture of fertili- zing material or any kind or description, or the boiling of offal, swill, raw or green fat or grease of any des- cription from any dean animal or part thereof or either of them or part thereof in the production of non-edible material for commercial usage." Fourth definition. Raw or Green. By the term "raw or green" is meant any dead animal or part thereof that has not been cooked or processed. Recommended change No. 4 which was submitted to the City Council Monday was eliminated and the following is substituted: "Sec. 19-442. ***; provided, however, that the operation of any rendering establishment as an integral part of a federally inspected meat packing plant under the supervision of the Meat Inspection Division of the United States Depart- ment of Agriculture shall be rp imi-facie evidence of com- pliance -1.*revrbhr.— xot564 L1-i;!"316rk711, ORD ARY TES. Y Representatives of the Health Department recommended that the preceding clause be amended, striking the word "herewith" and substituting "of all provisions of this ordinance except Item 1 contained in Sec. 19-445" . This recommendation was not agreed to at this point. Suggested change No. 2 in the list which was submitted to the City Council Monday was approved. Recommended change in Sec. 19-445, Item 1.,B., 7. "7. Permanent records shall be kept either manually or through the use of automatic# recording equipment to record water, gas or other techniques used in control of cooking vapors and odors, and said records must be maintained for a period of three months." Another Item in Sec. 19-445. "9. The regulations contained in this ordinance which pertain to the structure of buildings (not rendering apparatus or equipment) shall not apply to rendering establishments which are in existence and operation at the effective date hereof unless and until such building structures are altered or reconstructed." insert in Sec. 19-446. "If any rendering establishment is determined to be in violation hereof, it shall be the duty of the director of Public Health to give written notice to the owner or person in charge of such rendering establishment specifying the violation and a date by which such violation must be corrected, if the violation is not corrected by the date specified it shall be the duty of the ****" Recommendation No. 3 submitted to the Council last Monday was approved. Recommendation No. 1 submitted to the Council last Monday was approved. OFFICIAL RECORD CiYY SECRETARY ' ev ORDINANCE NO. Y AN ORDINANCE REGULATING THE OPERATION OF RENDERING -( ESTABLISHMENTS WITHIN THE CITY OF FORT WORTH BY AMEND- I�Ii;JJry ING CHAPTER 19 (HEALTH AND SANITATION) OF THE FORT !I WORTH CITY CODE (1964) BY ADDING THERETO ARTICLE XIX CONTAINING SECTIONS 19-441 THROUGH 19-450, DEFINING TERMS; REQUIRING A CERTIFICATE OF COMPLIANCE FOR THE OPERATION OF ANY RENDERING ESTABLISHMENT; SETTING MINIMUM STANDARDS AND PROMULGATING REGULATIONS FOR THE OPERATION OF RENDERING ESTABLISHMENTS; PROVIDING FOR THE REVOCATION OF CERTIFICATES OF COMPLIANCE; PROVID- ING FOR APPEALS FROM DECISIONS OF THE DIRECTOR OF PUBLIC HEALTH; AUTHORIZING THE DIRECTOR OF PUBLIC HEALTH TO INSPECT RENDERING ESTABLISHMENTS; DECLAR- ING THE OPERATION OF A RENDERING ESTABLISHMENT IN VIOLATION HEREOF TO BE A NUISANCE; AUTHORIZING IN- JUNCTIVE RELIEF IN ADDITION TO THE PENAL PROVISIONS OF THIS ORDINANCE; PROVIDING PENALTIES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES REGULATING RENDERING ESTABLISHMENTS; REPEALING CONFLICTING ORDI- NANCES; PROVIDING A SEVERABILITY CLAUSE; MAKING THE ENFORCEMENT HEREOF GOVERNMENTAL; DIRECTING THE CITY SECRETARY TO PUBLISH THIS ORDINANCE IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is essential to the health and welfare of the citizens of the City of Fort worth that the air be kept free from pollution and from noxious or offensive effluvia, gasses, stenches or vapors; and, WHEREAS, the public health, safety and welfare require that the City Council of the City of Fort Worth provide for the protection of the citizens of the City of Fort Worth from the dangers of air pollution and promulgate regulations; and, WHEREAS, it has been brought to the attention of the City Council of the City of Fort Worth that the uncontrolled and un- regulated operation of rendering establishments within the City of Fort Worth has resulted in the introduction into the atmos- phere of noxious and offensive effluvia, gasses, stenches and OFFICIAL RECORD CITY SECRETARY FT. ►' RT,I, TL:�, vapors which are detrimental to the health, safety and welfare of the citizens of the City of Fort Worth and produce ma- terial physical discomfort and annoyance to persons of ordi- nary sensibility; and, WHEREAS, the City Council of the City of Fort Worth finds that it is a matter of paramount public necessity and urgency that the safe and pure air and atmosphere in the City of Fort Worth be protected from such pollution; and, WHEREAS, the City Council of the City of Fort Worth, in the exercise of its sound discretion and legislative authority, expressly finds that if noxious or offensive effluvia, gasses, stenches or vapors are allowed to be introduced into the atmosphere of the City of Fort Worth by the unregulated and uncontrolled operation of rendering establishments within the city limits of the City of Fort Worth, such offensive and noxious effluvia, gasses, stenches or vapors will be injurious to the public health, safety and welfare of the citizens of the City of Fort Worth; and further, if the uncontrolled and unregulated operation of rendering establishments within the City of Fort Worth is permitted to continue to occur or exist, the atmosphere and the air, which is one of the principal sources of life and health to the citizens of the City of Fort Worth, will be polluted, with a resulting injury to the eco- nomic life of the community and the health and property of the citizens of Fort Worth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- SECTION 1. That Chapter 19 (Health and Sanitation) of the Fort Worth City Code (1964) is hereby amended by adding thereto Article XIX, Rendering Establishments, which said Article XIX shall contain Sections 19-441 through 19-450, and said Article XIX shall hereafter read as follows; Article XIX. Rendering Establishments. Sec. 19-441. Definitions. Rendering Establishments. By the term "render- V ing establishments" as used in tls ordinance is --meant an establishment engaged in -c us ing, frying ling -grinding, ��ing, .7SQ�-- � , bur in Ptilizing derin ,drying, cleaning, K making of glue, or the manufacture of material of any kind or description from any dead animal or arts thereof, or the boiling of offal, swill,t3or grease of any description, or either of them or any part thereof, in the production of ���nonedible material for commercial usage. Person. By the term "person" as used in this t �''°' ordinance is meant any individual, association of individuals, partnership, firm, company or cor- poration; and the term "person" shall be construed to include both masculine and feminine. h easing. By the term "processing" as used finis ordinance is meant any o er 'ipn or com- bination of operations where anyfl ea Mammal or part thereof is prepared, treated or handled. Raw or Crree-n, Sec. 19-442. Certificate of Compliance Required. From and after the effective date of this ordi- nance, it shall be unlawful for any person to operate a rendering establishment within the city limits of the City of Fort Worth unless such per- son shall have been issued and displays on the premises of such establishment a valid, current and unrevoked "Certificate of Compliance" pertaining to each such rendering establishment issued to such person by the Director of Public Health of the City of Fort Worth; � d � � 1L _ -3 Sec. 19-443. Application. It shall be the duty of any person desiring to be issued a Certificate of Compliance under this ordinance to make application therefor to the Director of Public Health in writing and in such form as may be prescribed by the Director of Public Health. Such application shall contain at least the following information: the name and address of the applicant; if such applicant be a partnership, the name and address of each general partner; if such applicant be a corporation, the name and address of each officer of the corporation; and the name and address of the rendering establishment. Upon the receipt of such application, it shall be the duty of the Director of Public Health or his desig- nated representative to make an inspection of the rendering establishment to determine whether or not it is being operated in compliance with stand- ards and the regulations prescribed herein and such other regulations as may from time to time be es- tablished and promulgated by the Director of Public Health. It shall be the further duty of the Director of Public Health of the City of Fort Worth, within a reasonable time after such application is re- ceived, to notify the applicant in writing whether the operation of his rendering establishment com- plies with this ordinance and whether his application is granted or denied. If the rendering establish- ment is found to be in compliance herewith, the Director of Public Health shall issue a Certificate of Compliance upon such form as he may prescribe. If the rendering establishment is not being operated in compliance herewith, the Director of Public Health or his designated representative shall deny such application and specify the deficiencies in writing and deliver same to the applicant. Sec. 19-444. Standards. Any violation of this section or any part there- of shall constitute sufficient grounds to deny an application or revoke a Certificate of Compliance. 1. No rendering establishment shall be operated within the corporate limits of the City of Fort Worth which emits or shall allow to be emitted into the community's atmosphere noxious or offensive effluvia, gasses, stenches or vapors which produce physical and/ or material discomfort to persons of ordinary sensi- bility. -4- 2. No renderi establishment shall be operated within the corpor e limits of the City of Fort �Q CAP Worth which sha emit or allow to be emitted into the atmosphere ny odor detectable when a sample of & -+ O�taid atmosphere is bubbled through a solution of 75x milliliters of distilled water and thentfrought to 100 degrees centigrade before the organoleptic odor test is conducted. 3. No rendering establishment shall be operated within the corporate limits of the City of Fort Worth which emits or allows to be emitted into the atmosphere any visible vapors or steam from any rendering process. Sec. 19-445. Regulations governing rendering opera- tions. Every rendering establishment shall comply with the minimum requirements set forth by these regu- lations. Item 1. Operatina Procedures. A. Operating procedures of rendering establishments shall be such as to assure finished products which are free from disease-producing organisms, and they shall be executed in such manner as to prevent spread of infec- tious or noxious material. B. The following requirements shall be met, and the meeting of such require- ments shall be deemed to be com- pliance with this section: 1. All raw materials received on the premises of the render- ing establishment shall be placed in the cooking process � " U immediately upon their trre,G,3ipt� 13ry or other non-odorous&ma- terial may be stored for a period of forty-eight hours, if so stored as to prevent a nuisance and/or development of a malodorous condition. .-5-- 2. Adequate and suitable provi- sion for treatment of cooking vapors shall be provided and operated in a manner that will control odors, such as: a. The utilization of vapor collection devices where odors accumulate; b. The utilization of suit- able vapor condensing mechanisms for cooking gasses; C. The use of ample cool water in the operation of condensers; d. The use of methods for secondary treatment of non-condensable gasses in activated carbon or other catalytic-type ab- sorption systems or by combustion in a burning chamber; e. The frequent and adequate disposal of solid and liquid wastes; f. The utilization of appro- priate odor counteractants or masking compounds; and g. The use of air pollution control equipment for dis- posing of all vapors leav- ing the cooking equipment. 3. Collection vehicles shall be held to a minimum of stops while en route to the rendering establishment with raw materials. 4. Collection vehicles shall be washed and sanitized at the end of each day's operations. 5. Any truck which has been used for the transport of any raw rendering -6- F material shall be thoroughly washed and sanitized before use in the transport of any finished product. 6. The raw material shall be heated under a minimum of 20 pounds eam pressure for at least one hour at a temperature of not less than 250 degrees Fahrenheit, with agitator rotating at not less than 16 revolutions per minute. 7. Rendering plant odor control equipment must have monitoring systems which permanently record water, gas and other vectors dm used in control of cooking vapors and odors, and said records must be maintained for a period of three months. Item 2. Construction and General Layout of Render- ing Establishments. A. Rendering establishments shall provide adequate space for the processing opera- tions conducted therein, shall be con- structed in accordance with the subse- quent provisions of these regulations, shall be maintained in good repair, and shall provide for the separation of those processes which may cause con- tamination of the finished product by raw materials used in processing. B. The following requirements shall be met, and the meeting of such requirements shall be deemed to be compliance with this item: 1. Rendering establishments shall provide sufficient space for the conduct in a sanitary man- ner of rendering operations car- ried on therein, for the instal- lation of necessary utility equip- -7- ment, and for the installation of processing equipment in such a manner that such equipment will be easily accessible for cleaning. 2. Rendering establishments shall be constructed in accordance with the subsequent applicable provisions of these regulations so as to be easily maintained in a sanitary condition and to prevent harborage areas for rodents, insects and other vermin. 3. Rendering establishments shall be kept in good repair. 4. Storage facilities for finished products shall be so located and constructed as to prevent con- tamination of finished products by raw materials entering into and processed through the render- ing establishment. Storage fa- cilities for finished products shall be separate from receiving and processing areas.''~ Any r open- ing between cooking and p ssl rjA areas and storage areas shall be equipped with self-closing doors. There shall be no direct openings between areas where raw materials are received and prepared for cook- ing and the storage areas for finished products. 5. A paved area, adequate in size and provided with adequate drains leading to a sanitary sewer system, shall be provided for the washing of trucks. This area shall be pro- vided with live steam or other suit- able sanitization method for trucks. 6. Hide storage shall be closed and separate from raw material and fin- ished product areas, and each open- ing into the hide storage area shall be provided with self-closing doors. 7. Any vehicle, truck or trailer haul- ing raw materials for rendering shall be of tightly covered construc- tion. it shall be constructed of impervious material and shall be leak-proof. The truck bed shall be sloped in such manner as to drain to a catch basin. The catch basin shall be of leak- proof construction ample in size to prevent any overflow from the truck bed, and a drain plug ac- cessible for cleaning shall be provided at its lowest point. 8. Employee toilet and dressing rooms in rendering establish- ments shall be separated from the rest of such establishment. 9. The construction, reconstruction and remodeling or renovation of any rendering establishment within the City must be performed in strict compliance with all applicable statutes, ordinances and regula- tions of the State of Texas and the City of Fort Worth and shall be subject to prior approval by the Director of Public Health. Item 3. Floors.. A. All floors of rendering establishments shall be kept clean and in good repair. Floors in processing and storage areas shall be constructed of concrete or other equally impervious and easily cleanable material and shall be smooth, graded to drain and be provided with adequate drains. B. The following requirements shall be met, and the meeting of such requirements shall be deemed to be compliance with this item: 1. Floors in rendering establish- ments shall be smooth and in good repair and shall be kept clean. 2. Floors in all rooms or areas where processing is done, storage pro- -9- vided or where utensils are washed shall be constructed of good quality concrete or equally im- pervious and easily cleanable material. All surfaces of such floors shall be graded to drain to trapped drains or to other waste-disposal facilities approved by the Director of Public Health. Gutters, if used to conduct such drainage, shall be so constructed and located as to be easily clean- able. 3. During operations, the floors in processing rooms and areas shall be kept free from processing wastes, including blood, manure, scraps, grease, water, dirt and litter. When processing is conducted at short, irregular intervals, such processing wastes shall be removed from floors and properly disposed of immediately following each indi- vidual period of processing. Such floors shall be thoroughly cleaned at the end of each day's operation. Item 4. Walls, Ceilings, Partitions and Posts. A. In rendering establishments, all walls, par- titions, posts, ceilings and exposed over- head structures shall be kept clean and in good repair, and those in all rooms or areas where materials are processed or stored shall be finished with smooth, washable surfaces. All outer walls and rooms shall be effectively protected against the en- trance and harborage of rodents and insects; and interior walls, partitions, posts, ceilings and overhead structures shall be free from such harborage. B. The following requirements shall be met, and the meeting of such requirements shall be deemed to be compliance with this item: 1. Walls, partitions, posts, ceil- ings and exposed overhead struc- tures of all rooms and areas in rendering establishments shall be kept clean and in good repair. -10- 2. Those sections of walls, parti- tions, posts, ceilings and ex- posed overhead structures in processing rooms which become soiled during processing shall be thoroughly cleaned after each day's operations. 3. Walls, partitions and posts in all rooms and areas where finished products are stored and where utensils are washed, in refuse rooms and in all other rooms and areas shall be finished with smooth, washable surfaces of concrete, cement-plaster or other equally impervious and easily-cleanable material. 4. Interior walls separating render- ing establishment rooms from each other shall extend from the floor to the ceiling. Such walls shall be free from openings except for necessary doorways equipped with doors and necessary openings, such as for conveyors or reach-through operations. 5. Ceilings, or the underside of the roof if used as a ceiling, and ex- posed overhead structures in all rooms or areas where processing or storage takes place or where uten- sils are washed in refuse rooms and in all other rooms or areas shall have washable surfaces. Such surfaces shall be at least as smooth and impervious as steel- troweled cement plaster finish; provided that if the construction of the underside of the roof and of the structural members is such that they cannot easily be kept clean, a ceiling beneath the struc- tural members shall be required. 6. All outer walls, roofs and openings therein shall be protected against the entrance and harborage of rodents and insects, and interior walls, -11- partitions, posts, ceilings and other overhead structures shall contain no crevices or openings which may provide harborage for rodents or insects. Item 5. Doors, Windows and 2penings.. A. In rendering establishments all outside openings, including doors, windows and conveyor openings, shall be protected against the entrance of insects, rodents and other vermin. outside doors, toilet- room doors and all doors of rooms or areas where processing or storage takes place shall be self-closing and close- fitting. All interior doors shall be of solid type. Doors and windows shall be kept clean and in good repair. B. The following requirements shall be met, and the meeting of such requirements shall be deemed to be compliance with this item: 1. All outside doors, windows and open skylights shall be ef- fectively screened with wire of 16-mesh or finer. Outside conveyor openings, air-vent openings and other special type outside openings shall be ef- fectively protected at all times against the entrance of insects, rodents and other vermin by the use of doors, flaps, screens or other means as recommended by the Director of Public Health. 2. All outside doors shall be con- structed of metal, or the bottom edge shall be flashed and edged with sheet metal to a height of six inches. 3. All screens shall be tight-fitting and kept clean and in good repair. 4. Toilet-room doors, outside doors and all doors leading into rooms or areas where products are pro- cessed shall be self-closing and tight-fitting. -12- Item 6. Ventilation. All rooms and areas in rendering establish- ments shall be well ventilated. Item 7. Water Supply. The water supply of each rendering establish- ment shall be easily accessible, adequate, and of a safe, sanitary quality. There shall be no physical connection be- tween the plant's water supply and any un- safe or questionable supply. Permission may be granted by the Director of Public Health for use of other water supplies for limited purposes, such as fire control or ammonia condensers. In all cases, water supply lines shall be clearly identified. Item S. Disposal of Wastes. A. The following requirements shall be met, and the meeting of such requirements shall be deemed to be compliance with this item: 1. All wastes shall be handled and disposed of in a manner which will prevent possible contamination of the water supply, processing equipment, packaging materials and con- tainers, and finished products. 2. All liquid wastes shall receive such treatment and be disposed of in such manner as may be pre- scribed by the Director of Public Health. 3. Containers used for the collection and holding of solid wastes shall be kept covered or otherwise pro- tected at all times so that such wastes shall not be accessible to insects, rodents and other vermin, or otherwise create a nuisance. -13- 4. No solid wastes shall be disposed; �of b burying on the premises. k�'V Sec. 19-446. Revocation of Cer °f' ate of�ance. Each Certificate of Compliance issued hereunder shall contain the date of its issuance but shall not be issued for any prescribed period of time. Each such Certificate of Compliance shall be revocable by the Director of Public Health. It shall be the duty of the Director of Public Health to make or cause to be made frequent and regular inspections of each rendering establishment operating within the city limits of the City of Fort Worth in order to determine that such rendering establish ent be c Mrraatt in compliance herewith.JTI 11 a 1^ a.,}- „!F the Director of Public Health to revoke the Certificate of Compliance for any rendering establishment found W �Q not to be operating in compliance herewith. t IL Sec. 19-447. Right of Appeal. Any applicant who has been denied a Certificat of Compliance or any person whose Certificate of -- Compliance has been revoked by the Director of Pub -N lic Health shall have the right to appeal such de- cision to an Appsals Board JJJ •/1 the -_i_ ..-r_rb-ill ..__li 1.. —_a.�..7.64a:_^eF _ E the. ty -� r} T,,,r�,. Such appeal Ang �i shall be made in writing, delivered to the City Manager of the City of Fort Worth within ten (10) days after the denial of the application or the n revocation f the c rt' ate of Compliance (/r Sec. 19-448. fight of Inspecti n. The Director of Public Health of the City ofn ! e Fort Worth and/or his duly authorized representa- tives are hereby authorized to make inspections of the premises of all rendering establishments operating within the city limits of the City of Fort Worth at any and all reasonable times. The refusal by the owner, Operson in charge 0. of the rendering establishment to admit the Director of Public Health or his duly authorized representa- tive into or upon the premises of such rendering V „ NWwT establishment shall be grounds for the revocation of the Certificate of Compliance for such rendering `M -14- establishment. In like manner, to oppose, hinder, or in any way interfere with the inspection made or sought to be made by the Director of Public Health or any of his duly authorized representatives of any rendering establishment by the owner, or person in charge thereof shall be grounds for the revocation of such Certificate of Compliance. Sec. 19-449. Authority of the Director of Public Health to Establish and Promulgate Additional Rules and Regulations Concerning Rendering Establishments. Authority is hereb dele ated to the Director of Public Health to es a ish and promu ga additional regulations as in his judgment may be necessary to carry out the intent of this ordinance and to insure the operation of rendering establish- ments within the city limits of the City of Fort Worth in accordance with the standards and regula- tions set herein. Sec. 19-450. Declaration of Nuisance and Injunctive Relief. The operation of any rendering plant within the city limits of the City of Fort Worth without a Certificate of Compliance as required by this ordinance is hereby declared to be a nuisance. Notwithstanding any penal provision of this ordi- nance, the City Attorney is authorized to file suit on behalf of the City of Fort Worth or the Director of Public Health, or both, for such in- junctive relief as may be necessary to prevent the unlawful operation of a rendering establishment within the City of Fort Worth. SECTION 2. Any person 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 less than Five Dollars ($5.00) nor more than One Hundred Dol- lars ($100.00) for each offense. Each day that a violation exists or is permitted to exist shall constitute a separate of- fense. -15- SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth providing for the regulation of rendering establishments with- in the city limits of said City, and this ordinance shall not operate to repeal or affect any of such other ordinances ex- cept insofar as the provisionsthereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the remainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. SECTION 5. All of the provisions, standards and regulations pro- vided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council, any City official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby -16- relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissible in evidence in all courts without further proof than the production of said pamphlet as provided in Section 3, Chapter XXVI of the Charter of the City of Fort Worth. SECTION 7. This ordinance shall take effect and be in full force and effect from and after the day of , A. D. 19 L. APPROVED AS TO FORM AND LEGALITY: City Attorney -17- INTER-OFFICE CORRESPONDENCE TO E ,• L. Brownlee, City Manager DATE November IO,r 1965 FROM W. V. Bradshaw, Jr., M.D., Director, TIME Department of Public Health SUBJECT Proposed Odor Control Ordinance Following your instructions, we met with representatives of the rendering and allied industries. Attached is a partial list of the people who attended the meeting and also a summary of their comments and recommendations. Subsequently, we again reviewed the ordinance proposed at the last council session, and we feel that the attached revised proposal reflects an attempt to accommodate the valid objections and recommendations made by the representatives of industry. This revision still provides us with a workable ordinance for control without any undue burdens being placed upon the industry,' It is felt, however, that April I, 1966, would be a more reason— able effective date. With regard to Section 19--445 of the ordinance, it is felt that this section should be included. It is recognized, however, that an equivalent sanitation method not directly related to odors could be left to the discretion of the Director of Health. The analytical test about which you inquired, is done in our laboratory (organoleptic) and could be performed in the field under some circumstances. This proposed ordinance deals with only one small segment of the problem of pollution. The major problem of air pollution, from the standpoint of health, will continue to become steadily worse without a much more general implementation of control. We recognize that this would be a costly program now, but it will only become more so in the future. In our community delay in adopting a comprehensive air pollution ordinance will be costly. OFF/CIA1 RECORD cirr SECRETARY FT. WORTH, TEX. Mr. is L• @remn 1*% city Me"ver November I O, I M we V. orsdahswg ire* Mm0•, Director, Departmeat Of Tolle Health Proposed Odder Control Ordinaneo Following year instructionae we mmet with representatives of the rendering and allied Industries• Attached to a partial list of the people who attended the mostlol and also a WAOWy of their caaeents and remm`avmeendotions• lubsWentiy, ec again reviewed the ordinance proposed at the last council **oolong and we feel that the attached rovlsod proposal reflects an attempt to accommodate the valid objections and recowmendat tons made, by the representatives of industry• This revision ate i I provides us with a workablo ordinswo for control without any undue burden#► being placed utw the in"try. It Is felt, howwor, that Apr i I I, 19",p w e l d be a owe reaoon- able effective date* with regard to Section 19-449 of the ordlnameg it is felt that this section shou I d be i nc 1 uded, It Is moon l sedgy, however, that an aplealont sanitattan method not directly related to odors could be loft to the discretlon of the Director of Molth• The analytical test •bout which you inqulredg Is done in our laboratory forgenelogtte) and could be performed in the ftold under same eircu instances• Th 1 s proposed er dl nance deals with on 1 y one amaa i l segment of the problem of pollution• The *major problem of air pollution, fremm the standpoint Of has Ithg w11I continue to became steadily worse without a ouch more general Implementation of controls We rosepmise that this would be a costly pregrow now, but It wl 1 1 only became more ao in the future* In our cam un i ty delay to adopting a comprehensive air pollution ordinance will be cost ly• Off/C�A� RECORD CITY SECRETARY f T' WORTH try Meeting of representatives of feed companies, packing plants and rendering companies was held at the Health Center building, November 9, 1965, 3: p.m. , to discuss recommended ordinance governing rendering establishments, and allied industries. Dr. Bradshaw opened the meeting and stated the City Manager had requested copies of the proposed ordinance be distributed to representatives of the industries to be controlled and that a meeting be called for their criticism and comments. In turn these comments to be forwarded to the Manager's office. S. J. Sells Allied Mills Inc. - Recommended that feed manufacturers not be included in ordinance; definition of rendering establishment be amended. Dr. Bradshaw - Ordinance not aimed particularly at rendering establish- ments, but at any establishment that would create air pollution problem. Jerry Parker - Definition of rendering establishment should be amended to exclude feed manufacturers. Chester Karger , Ralston Purina Co. - Could not see that feed companies should be involved in any way. Feed companies operate under state regulati.ons. E. J. Vondra Jr - Swift and Co. - In process of discussing ordinance with their legal department. Request an extension of time in order to evaluate ordinance. Criticized paragraph 8, page 7, "No wet rendering allowed in corporate limits of City of Fort Worth." This 0; 111d force them to eliminate processing of lard, tallow, etc. to e -r,,� wn� eliminated from ordinance. P' rjj r�x. -2- Bob Minton - Minton Rendering Co. - Does not see where feed companies should be included in ordinance. During past few weeks has had time to close in all vapors and steam; working on condensors. In less than a week everything will be closed in. Some requirements in proposed ordinance not included in food establishment ordinance. City of Fort Worth one of the worst offenders of air pollution with their incinerators. Has had more air pollution problems at his plant this year than any year since establishment of business in 1928. This has been due chiefly to humidity, wind flow, etc. Suggested rendering people be given time, and city would see degree of improvement. E. J. Vondra, Jr. - Swift and Co. - Section regarding certificate of compliance. If this is enforced would cost 2 to 3 million dollars to comply with ordinance. Suggest item by item of ordinance be discussed. Sol Blum - Tarrant Rendering Co. - Questioned position of company in process of expansion and could not comply with dead line of February I , 1966. Works in conjunction with Estes Packing Co. and this company is in process of expansion . Irvine Rosenthal , Rosenthal Packing Co. - Thinks all that is needed is time t(, get mechanical part of plants in proper C)peraticn. B. J . Augst, Southwest Soap and Chemical Co. - Standards should be set up in ordinance where air could be monitored. Have authority to close plant, not tell them how to operate it. Ordinance not acceptable. Standard of odor control should be set up. OFFlClAL RECORD C!3' UE F?f1'I -3- B. C. Bailey, Southwest Millino Co. - Rendering and packing plants do not comply with state regulations. Suggested a committee be formed to recommend remedies. Mr. Bob Minton , Minton Rendering Co. - Contact national and state render- ing associations for suggested rules and regulations. No feed industry could possibly operate under ordinance. John Morren, Marco Chemical Co. - Seems logical time to ask representatives of Armour and Swift for some of their technical knowledge. Suggest Council allot more time for study before considering passage of ordinance. Jerry Parker - On at least six separate occasions requested assistance from industry in making ordinance workable. If regulations can be set up that are acceptable to industry, then the city can work from there. Questioned what portion of the ordinance was acceptable. B. J. Augst, Southwest Soap and Chemical Co. - Requested to go on record that manufacturers of soap per se not be considered rendering. W. J. Boston International Mineral and Chemical Co. - City already has ordinance that regulates air pollution. Does not see that standards and regulations are necessary. C. H. Karger, Ralston Purina Co.- Eliminate all regulations except those pertaining to odor. Ilk IT� �