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HomeMy WebLinkAboutOrdinance 2498 ORDINANCE NO. AN ORDINANCE PROHIBITING THE CLEANING, DRAINING OR FLUSH- ING OF ANY SEPTIC TANK OR ANY OTHER TYPE OF SEWAGE DISPOSAL SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH WITHOUT A LICENSE FROM THE CITY OF FORT WORTH TO PERFORM SUCH ACTS OR SERVICES; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE PERFORMANCE OF SUCH ACTS OR SERVICES AND PRESCRIBING THE FEES AND TERMS FOR SAME; PROHIBITING THE EMPTYING OR CLEANING OF EQUIPMENT USED IN PERFORMING SUCH ACTS OR SERVICES IN ANY PLACE OTHER THAN AS DESIGNATED BY THE DIRECTOR OF THE DEPARTMW OF PUBLIC HEALTH AND WELFARE OF THE CITY OF FORT WORTH; DECREEING THAT POSSESSION OF ANY MOTOR VEHICLE EQUIP- PED WITH FACILITIES FOR PERFORMING SERVICES DESCRIBED THEREIN SHALL CONSTITUTE PRIMA FACIE EVIDENCE THAT SUCH SERVICES ARE BEING PERFORMED WITHIN THE CITY OF FORT WORTH; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SEPTIC TANKS OR SEWAGE DISPOSAL SYSTEW EXCEPT IN THOSE INSTANCES.IN WHICH A CONFLICT EXISTS; PRESCRIBING A SAVINGS CLAUSE; FIXING A PENALTY FOR THE VIOIJ4TION THEREOF OF A FINE OF NOT MORE THAN TWO HUNDRED AND N011O0 DOLLARS ($200.00), AND PROVIDING THAT EACH VIOLATION AND EACH DAY OF A FAILURE TO COMPLY THE=ITH SHALL CONSTITUTE A SEPARATE OFFENSE; AND FIXING THE EFFECTIVE DATE THEREOF. BE IT ORbAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. No person, firm, association, or corporation shall clean out, drain, or flush any septic tank or any other type of sewage disposal system within the corporate limits of the City of Fort Worth unless such person, firm, association or corporation is licensed by the City of Fort North to perform such acts or services. SECTION II. Any person, firm, association, or corporation desiring a license as prescribed in the preceding paragraph hereof shall file with the Director of the Department of Public Health and Welfare of the City of Fort Worth a sworn application for such license on a form to be furnished and prescribed by such Director. Upon any such application said license shall be issued through the Director of the Department of Public Health and Welfare when the conditions,at this ordinance have been complied with, and providing the Director is satisfied the applicant has adequate and proper equipment to per- /form the services contemplated and has sufficient knowledge of septic tank or other sewage disposal system construction to perform the services contemplated in a safe and competent manner. SECTION III. The Director of the Department of Public Health and Welfare of the City of Fort Worth shall designate approved locations for the emptying and cleansing of all equipment used in the performances of the services rendered under the license herein provided for, and it shall be a violation hereof for any person, firm, association or corporation to empty or clean such equipment at any place other than a place so designated. SECTION IV. No license as contemplated by this ordinance shall be issued unless the person applying for same is an actual bona fide resident and inhabitant of the City of Fort Worth, or in the case of a firm, association or corporation, such body has a duly established and fined place of business in the City of Fort Worth. SECTION V. For each license issued under the provisions of this ordinance a fee therefor shall be paid to the Director of the Department of Public Health and Welfare by the licensee, said fee to be calculated on the basis of Twenty- five and no/100 Dollars ($25.00) for each motor vehicle used or to be used in the conduct of the business so licensed. Any such license granted shall be for one full fiscal year of the City or a fraction thereof, and the full fee shall be payable for any fraction of the fiscal year, and shall continue in full force and effect from the time issued until the ending of the fiscal year of the City unless sooner revoked, and shall be non-transferable. The number of the license granted hereunder shall be plainly painted on each side of each motor rehicle used in the conduct of the business licensed hereunder. Failure of licensee to comply with all the provisions of this ordinance shall be sufficient cause for the revocation of such license by the Director of the Department of Public Health and Welfare. SECTION VI. The possession within the City limits of Fort Worth by any person of any motor vehicle equipped with a body type and accessories of a nature and design capable of serving as a septic tank or sewage disposal system cleaning unit shall be Prima Facie evidence that such person is engaged is the business of cleaning, draining, or flushing septic tanks or other sewage disposal systems within the corporate limits of Fort forth. SECTION VII. This ordinance shall be, and is hereby declared to be, cumulative of all other ordinances of the City of Fort Worth, Texas, affecting septic tanks or sewage disposal systems and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those provisions shall be and they are hereby ex- pressly repealed. SECTION VIII. If any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section, or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The Council would not have passed any sections, parts of sections or provisions of any sections that were unconstitutional, void or ineffective if they had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 110 Any person. firm. association, Q corporation found guilty of violating any of the provisions of this ordinance shall be fined in any sum of money not to exceed Two Hundred and no/100 Dollars ($200.00), and each violation or each day that there is a failure to comply with the terms of thin ordinanoe shall constitute a separate offense. SHCTI(N 1, This ordinance ahall take effect and be in full force and effect from and after the date of its pasesge and publication as provided by law. APFROVID AS TO FOFiidt a" C'AY Attorney ORDINANCE No'f r Title �~1 Date Filed a Day of 19 _ ,r City Secretar v. { v � Y.o.No.127"