HomeMy WebLinkAboutOrdinance 2178 ORDINANCE NO. 02 7
AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL AND
DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF FORT
WORTH, TEXAS; REQUIRING ALL OWNERS, TENANTS, OCCUPANTS
OR LESSEES OF RESIDENCES, CHURCHES, SCHOOLS, COLLEGES,
LODGES, COMMERCIAL, BUSINESS AND OTHER BUILDINGS WITHIN
THE CITY TO PROVIDE CONTAINERS AND RECEPTACLES WITH
COVERS FOR GARBAGE AND TRASH; REQUIRING THAT SAID CON-
TAINERS AND RECEPTACLES BE PLACED AT A CONVENIENT LOCAr-
TION ON THE PREMISES WHERE THEY MAY BE EMPTIED AND THE
CONTENTS REMOVED AT CERTAIN INTERVALS; PROHIBITING ANY-
ONE EXCEPT AGENTS OR EMPLOYEES OF THE CITY FROM EMPTYING
GARBAGE CANS OR TRASH RECEPTACLES OR TRANSPORTING THE
CONTENTS THEREOF ON THE STREETS AND PUBLIC THOROUGHFARES
WITHOUT A PERMIT FROM THE CITY COUNCIL; PROVIDING PRO-
CEDURE FOR APPLICANTS TO SECURE PERMITS FROM THE CITY
COUNCIL TO COLLECT AND REMOVE GARBAGE AND TRASH; PROVID-
ING A SCHEDULE OF REASONABLE FEES TO BE CHARGED FOR THE
EMPTYING AND REMOVAL OF THE CONTENTS OF SAID CONTAINERS
AND RECEPTACLES; DEFINING TERMS; FIXING THE PENALTY FOR
VIOLATIONS THEREOF; NAMING AN EFFECTIVE DATE; PROVIDING
A SAVING CLAUSE IN THE EVENT ANY PART SHOULD BE DECLARED
INVALID; AND REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH.
WHEREAS, it appearing to the City Council that the accumulation of
waste, refuse, trash and other deleterious substances on the premises of
private residences and commercial institutions constitutes a public menace
and nuisance and greatly increases the danger of the spread of infectious,
contagious and epidemic diseases, and that it is imperative in the interest
of health, sanitation and public welfare that proper regulations be adopted
to require owners, tenants, occupants or lessees to secure adequate con-
tainers and receptacles in which to deposit garbage and trash for callea-
tion and removal at regular intervals; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
The term "garbage" as used in this ordinance shall be held to mean
all animal or vegetable matter, such as waste material and refuse from
kitchens, residences, grocery stores, butcher shops, restaurants, cafes,
hotels, rooming and boarding houses, and other deleterious substances.
The tera "trash" as used in this ordinance shall mean rubbish, such
as feathers, coffee grounds, ashes, tin cans, paper, bones, glass, grass,
shrubs, yard cleanings, grass clippings, leaves and tree trimmings.
SECTION 2.
That every owner, occupant, tenant or lessee using or occupying any
building, house or structure within the corporate limits of the City of
Fort Worth, Texas, for residences, churches, schools, colleges, lodges,
commercial, business and other purposes shall provide and maintain garbage
cans and receptacles of sufficient number and size, as hereinafter speci-
fied, to hold the garbage and trash that will normally accumulate on the
promises.
SECTION 3.
That each of said owners, occupants, tenants or lessees shall pro-
vide a container or containers for garbage of not less than ten (10) nor
more than thirty (30) gallons capacity, constructed of some substantial
material, with a tight-fitting lid or cover and with handles sufficiently
strong for workmen to empty conveniently.
SECTION 4,
Every owner, occupant, tenant or lessee shall, in addition to proms
viding the garbage can or cans as hereinabove set forth, provide and main-
tain a suitable receptacle or receptacles for trash of not less than ten
(10) nor more than thirty (30) gallons capacity, constructed of some sub-
stantial material, with a tight-fitting lid or cover and with handles suf-
ficiently strong for workmen to empty conveniently.
SECTION g.
No one except the duly authorized agents and employees of the City
of Fort Worth shall empty garbage cans or trash receptacles or convey or
transport garbage or trash on the streets, alloys and public thoroughfares
of said City without a written permit granted and issued by the City Coun-
cil.
SECTION 6.
The lids or covers.of all containers shall at all times be kept
secure and fastened so that flies and other insects may not have access to
the contents thereof, and said lids or covers shall only be removed while
the said containers and receptacles are being filled or emptied as the
case may be.
SECTION 7.
If the house, building or premises from which the garbage is to
be collected and removed is adjacent to an alley, the owner, occupant,
tenant or lessee of said premises is required to keep the garbage can at
the entrance from the alley in order that it may be easily accessible to
the one collecting and removing the garbage. In the event it is not prac-
ticable to collect and remove the garbage from an alley, the owner, occu-
pant, tenant or lessee of the premises shall place the can at such point
as the agent of the City shall find and designate to be the most accessible
for collecting and removing.
The receptacle for trash shall be placed at the point found and
designated-by the agent of the City as the most accessible for collecting
and removing. In the event trash is of such a nature that it cannot be
put in the receptacle, it shall be carefully placed in bundles under fifty
(50) pounds so it can be removed conveniently, and tree limbs, trunks and
hedge cuttings shall not exceed five (5) feet in length,
SECTION 8.
The collection and removal of garbage and trash from houses, build-
ings and premises used for residential purposes shall be divided into three
classes. Class I shall include those from which the collection and removal
is made twice each week; Class II shall include those from which the col-
lection and removal is made three times each week; and Class III shall in-
clude those from which the collection and removal is made four times each
week.
Fair and reasonable charges for this residential service shall be,
and are shown in terms of dollars and cents in a column under each class,
for a calendar month as follows:
Class I Class II Class III
Single Family Residence #0.40 #0.60 $0.80
.Duplex Apartment 0.60 1.00 1,30
Garage Apartment 0.30 0.40 0.60
Group Housing - 3 or more houses
on same meter 0.30 0,50
3 Family Apartment 0.90 1.50 2.00
4 to 6 Family Apartment 1.20 2.00 2.70
7 to 10 Family Apartment 2.00 3.00 4.00
11 to 15 Family Apartment 2,50 4.00 5.30
16 to 20 Family Apartment 3.00 5.00 6,70
Over 20 Family Apartment 4.00 6.00 8.00
SECTION 9.
The collection and removal of garbage and trash from houses, build-
ings and premises used for commercial and business purposes shall be di-
vided into 16 classes. Class I to VIII, inclusive, shall embrace all com-
mercial and business institutions which have their garbage and trash re-
moved six days each week. Class I-A to VIII-A, inclusive, shall comprise
those receiving this service three days each week.
Charges for this commercial and business service, which are fair
and reasonable, shall be as follows:
Class I $10,00 Class I-A $5.00
Class II 7,00 Class IIlA 3.50
Class III 5.00 Class III-A 2,50
Class IV 4,00 Class It-A 2,00
Class V 3.50 Class V A 1.75
Class VI 3.00 Class VI-A 1,50
Class VII 2.50 Class VII-A 1.25
Class VIII 2.00 Class VIII-A 1.00
After a careful survey and investigation, the business and commer-
cial institutions in the City of Fort Worth have been divided into fair
and reasonable classifications. In the diagram hereinafter appearing, cer-
tain numbers are shown in the column under each class. They represent the
minimum square feet of floor space of the particular kind of commercial or
business concern for which account is taken, and they are enumerated with
their respective designations as follows:
Class Class Class Class
I II III IV
I A II-A III A ILA
Buildings, Garages, Service Stations,
Parking Lots 100,000 70,000 50,000 40,000
Hotels, Rooming Houses, Furniture 50,000 35,000 25,E 20,E
Real Estate, Insurance, Loans, Abstracts,
Lodges, Travel Bureaus, etc. 33,300 23,330 16,670 13,330
Else. Supply, Scion. Labe, Oil Supply Firms,
Creameries, Tailor Shops, Mfg., Bindery,
Fixtures 25,000 17,500 12,500 10,000
Theatres, Liquors, Pool, Bowling Clubs 20,000 24,000 10,000 8,000
Hatters, Cleaning, Barber, Beauty, Bath,
Printers, Engraving, Reproduction, etc. 16,670 11,670 8,335 6,670
Warehouses, Wholesale, Produce, Frt. EV.,
Bus Depots; Railroads, Tires 14,285, 10,000 7,245 5,715
Studies, Photographers, Art, Furn., Weld-
ing, Auto Supply, Motors, Dept. Stores,
Paint Stores, Sporting Goods & Unclassi-
fied 12,500 8,750 6,250 5,000
Jewelers 11,110 7,780 5,550 4,445
Optometrists, Dentists, Florists, Shoe,
Repair, Retail Shoes 10,000 7,000 5,000 4,000
Went* & Woments Clothing-Dry Goods 91090 6,364 4,545 3,636
Cont. Candy, Bakeries, Fruits, Cigars 5,000 3,500 2,500 2,000
Groceries, Fish & Meat Markets 4,762 3,333 2,381 1,905
Cafes, Cafeterias, Sandwich Shops 3,846 2,692 1,923 1,538
Drugs and Pharmacies 2,439 1,707 1,220 976
Class Class Class Class
V VI VII VIII
V-A VITA VII-A VIII-A
Buildings, Garages, Service Stations,
Parking Lots 35,000 30,000 25,000 23,000
Hotels, Rooming Houses, Furniture 17,500 15,000 12,500 12,500
Real Estate, Insurance, Loans, Abstracts,
Lodges, Travel Bureaus, eta. 11,670 10,000 8035 8,335
Else. Supply, Scion. Labs, Oil Supply Firms,
Creameriee, Tailor Shops, Mfg., Bindery,
Fixtures 8750 7,500 6,250 6,250
Theatres, Liquors, Pool, Bowling Clubs 7:000 6,000 5,000 5,000
Hatters, Cleaning, Barber, Beauty, Bath,
Printers, Engraving, Reproduction, etc. 5,835 5,000 4,170 4,170
Warehouses, Wholesale, Produce, Frt. EV.,
Bus Depots, Railroads, Tires 5,000 4,285 3,570 3,570
Studios, Photographers, Art, Fura., Weld-
ing, Auto Supply, Motors, Dept. Stores,
Paint Stores, Sporting Goods & Unclassi-
fied 4,375 3,750 3,125 3,125
Jewelers 3,890 3,335 2,780 2,780
Optometrists, Dentists, Florists, Shoe,
Repair, Retail Shoes 3,500 3,000 2,500 2,500
Manta & Women's Clothing-Dry Goods 3,182 2,727 2,272 2,272
Coat. Candy, Bakeries, Fruits, Cigars 1,750 1,560 1,250 1,250
Groceries, Fish & Meat Markets 1,667 1,428 1,190 1,190
Cafes, Cafeterias, Sandwich Shops 1,346 1,155 962 962
Drugs and Pharmacies 854 732 610 610
The normal accumulation of garbage and trash in houses, buildings
and promises used for business and commercial purposes is hereby found
and determined not to exceed ten (10) cubic yards per day, and in the
event that the garbage and trash to be collected from any house, building
or premises exceed ten (10) cubic yards a day, then and in that event the
owner, occupant, tenant or lessee will be required to pay proportion4ely
for such excess unless such garbage and trash are collected and removed
under a permit duly granted and issued by the City Council•
SECTION 10.
The fair and reasonable rates for collecting and removing garbage
and trash from churches or other buildings and premises used for religious
worship have been found to be a minimum of thirty cents (300 per month,
where such collection and removal is not required in excess of once each
week, with the amount increasing proportionately as the periodic collec—
tion and removal increases.
SECTION U,
The fair and reasonable rates for collecting and removing garbage
and trash from buildings and premises used for schools have been found
to be a minisnm of fifty cents (50t) per month, where such collection
and removal is not required in excess of once each week, with the amount
increasing proportionately as the periodic collection and removal increases.
SECTION "
The fair and reasonable rates for collecting and removing garbage
and trash from buildings and premises used for colleges and universities
have been found to be a minimum of one dollar ($1.00) per month, where
such collection and removal is not required in excess of once each week,
with the amount increasing proportionately as the periodic collection and
removal increases*
r
SECTION 13.
The fair and reasonable rates for collecting and removing garbage
and trash from buildings and promises used for country clubs have been
found to be a minimum of one dollar ($1.00) per month, where such col-
lection and removal 1s not required in excess of once each week, with the
amount increasing proportionately as the periodic collection and removal
increases.
SECTION 1"
The fair and reasonable rates for collecting and removing garbage
Iand trash from buildings and premises used for lodges and fraternal or-
ganizations have been found to be a minimum of thirty cents (300) per
month, where such collection and removal is not required in excess of
once each week, with the amount increasing proportionately as the periodic
collection and removal increases.
SECTION 15.
No person, firm or corporation, public or private, shall furnish
or deliver water, either by conveying or transporting the same by con-
tainer or through the medium of pipes and connecting service, to any owner,
occupant, tenant or lessee of a house, building or premises who has failed
or refused to comply with every provision of this ordinance.
SECTION 16•
Every owner, occupant, tenant or lessee of a house or building used
for residential, business or commercial purposes is required to maintain
constant supervision and surveillance over the garbage can and trash re-
ceptacle on his premises, and if either the garbage can or trash receptacle
should not be emptied and the contents-remevod by an agent or rspresenta�'
tive of the City of Fort North for a period of five days, he mast notify
the Director of Public Works, in writing, of this fact within five days.
ii�
SECTION 17.
All garbage or trash that is mixed with water or other liquids
shall be drained before being put in the can or receptacle.
All animal matter that is subject to decomposition shall be well
wrapped in paper or other combustible material before being deposited in
container or receptacle.
SECTION 1$.
Any person, firs or corporation desiring a permit for the collec-
tion and removal of garbage and trash shall make application for such per-
slit to the City Council. The application 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 the violation of any national, state or
municipal law, and whether or not the applicant or any person, firm or
corporation with whom he has been associated or employed has claims or
judgments against his for damages resulting from the negligent operation
of a vehicle; the financial ability and responsibility of the applicant;
his ability to respond in damages in the event of damages to persons or
damages to property by reason of the negligent operation of a vehicle or
vehicles on the streets or public thoroughfares of the City; the nature
and character of the service the applicant proposes to render; the ex-
perience he has had in rendering such service; the patrons for whoa he
proposes to render this service; and such other information as the City
Council may require.
The City Council shall make and cause to be made such investigations
as it may consider necessary in order to determine whether or not the
public convenience and necessity require this additional service and
whether or not the applicant is fit and proper to conduct such business.
In the event a permit is granted, a fee of Twenty-five Dollars
($25.00) shall be paid for each calendar year the service is rendered.
The permit may be rescinded by the City Council at any time in its judg-
meat such action is doomed to the best interest of the public.
SECTION 19.
Should my section, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any reason, the re-
mainder of said ordinance shall not thereby be affected but shall in all
respects remain in full force and effect, for the City Council would not
have passed said parts or portions declared to be unconstitutional or in-
valid had they known they were unconstitutional or invalid.
SECTION 20.
This ordinance shall be held and construed to be cumulative of all
other ordinances affecting the health and sanitation of the public in the
City of Fort Worth except in those instances where the provisions of this
ordinance are in conflict with the provisions of ordinances heretofore
passed, in which instances those provisions are hereby expressly repealed.
SECTION 21.
Any person, firm or corporation who shall fail or refuse to pay the
charge herein specified for the emptying and removal of said garbage cans
and trash receptacles within ten (10) days from the date same shall become
due and payable shall be subject to have his water service disconnected,
and no connection thereafter shall be made and no water shall be furnished
to said premises until such person, firm or corporation shall have paid
all amounts due, and in the event the water is furnished through the medium
of pipes, a fee of One Dollar ($1.00) shall be paid for reconnecting the
service.
SECTION 22.
Any person, firm or corporation who shall violate any of the pro-
visions of this ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in any sum not,to exceed One Hun-
dred Dollars ($100.00), and each offense and each days continuance of
failure to comply with the ordinance shall constitute a separate and dis-
tint offense.
SECTION 23.
This ordinance shall take effect and be in full force and effect
from and after the let day of October, 1943, and its publication as re-
quired by law.
APPROVED AS TO FORM AND LEGALITY:
City Attorney